2013 ORS § 675.070¹
- • grounds for imposing sanctions
- • civil penalty
(1) Where any of the grounds enumerated in subsection (2) of this section exist, the State Board of Psychologist Examiners may impose any of the following sanctions:
(a) Deny a license to any applicant;
(b) Refuse to renew the license of any psychologist or psychologist associate;
(c) Suspend the license of any psychologist or psychologist associate for a period of not less than one year;
(d) Issue a letter of reprimand;
(e) Impose probation with authority to restrict the scope of practice of a psychologist or psychologist associate or require practice under supervision;
(f) Revoke the license of any psychologist or psychologist associate; or
(g) Impose a civil penalty as set forth in subsection (3) of this section.
(2) Grounds exist for imposition of any of the sanctions enumerated in subsection (1) of this section against any psychologist or psychologist associate or applicant, or, where applicable, any unlicensed person found in violation of ORS 675.010 (Definitions for ORS 675.010 to 675.150) to 675.150 (Enforcement procedures), when, in the judgment of the board, the person:
(a) Has an impairment as defined in ORS 676.303 (Purposes of health professional regulatory boards);
(b) Has been convicted of violation of any law relating to controlled substances;
(c) Has been convicted of any felony or of any misdemeanor involving moral turpitude;
(d) Is guilty of immoral or unprofessional conduct or of gross negligence in the practice of psychology which includes but is not limited to:
(A) Any conduct or practice contrary to recognized standard of ethics of the psychological profession or any conduct or practice that constitutes a danger to the health or safety of a patient or the public, or any conduct, practice or condition that adversely affects a psychologist or psychologist associates ability to practice psychology safely and skillfully.
(B) Willful ordering or performing of unnecessary tests or studies, administration of unnecessary treatment, failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care, or otherwise ordering or performing any psychological service or treatment which is contrary to recognized standards of practice of the psychological profession;
(e) Has practiced or attempted to practice medicine without being licensed to do so;
(g) Has impersonated a licensed psychologist or psychologist associate or has allowed another person to use the license of the psychologist;
(h) Has violated any provision of ORS 675.010 (Definitions for ORS 675.010 to 675.150) to 675.150 (Enforcement procedures) or any provision of the code of professional conduct formulated under ORS 675.110 (Powers of board) (12); or
(i) Has obtained a fee or payment from a patient or third party payer through fraud or intentional misrepresentation.
(3) The board may impose a civil penalty under subsection (1) of this section:
(a) In an amount not to exceed $5,000; or
(b) In an amount not to exceed $10,000, if any of the following conditions exist:
(A) The conduct giving rise to the penalty had a serious detrimental effect on the health or safety of another person;
(B) The person subject to the penalty has a history of discipline for the same or similar conduct;
(C) The conduct giving rise to the penalty involves a willful or reckless disregard of the law;
(D) The conduct giving rise to the penalty was perpetrated against a minor, an elderly person or a person with a disability; or
(E) The person subject to the penalty violated ORS 675.020 (Practice or representation as psychologist prohibited without license) by practicing psychology or representing that the person is a psychologist without having a license.
(4) In case of any conviction required under subsection (2) of this section as grounds for denial, refusal, suspension, revocation, reprimand, probation or imposition of a civil penalty, a certified copy of the record of the conviction shall be conclusive evidence.
(5) The board may license an applicant or renew or restore any license suspended or revoked under subsection (2)(a) of this section due to a mental health condition if the board determines that the applicant or former licensed psychologist or former psychologist associate no longer has an impairment due to a mental health condition.
(6) License suspension or revocation in another state is grounds for license denial or disciplinary action by the board. [1963 c.396 §8; 1973 c.777 §10; 1979 c.744 §49; 1985 c.90 §7; 1989 c.44 §1; 1989 c.217 §1; 1989 c.444 §1; 2009 c.441 §1; 2009 c.756 §6]