2007 ORS 675.070¹
Authorized sanctions
  • 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 not to exceed $1,000.

(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) Abuses intoxicants or controlled substances to such an extent as to incapacitate the person from the performance of professional duties;

(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 which constitutes a danger to the health or safety of a patient or the public, or any conduct, practice or condition which impairs a psychologist or psychologist associate’s 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) Is mentally or emotionally unfit to practice psychology;

(f) Has practiced or attempted to practice medicine without being licensed to do so;

(g) Has obtained or attempted to obtain a license under ORS 675.010 (Definitions for ORS 675.010 to 675.150) to 675.150 (Enforcement procedures) by fraud or material misrepresentation;

(h) Has impersonated a licensed psychologist or psychologist associate or has allowed another person to use the license of the psychologist;

(i) 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

(j) Has obtained a fee or payment from a patient or third party payer through fraud or intentional misrepresentation.

(3) 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.

(4) The board may license an applicant or renew or restore any license suspended or revoked under subsection (2)(e) of this section whenever the board determines that the applicant or former licensed psychologist or former psychologist associate is no longer mentally or emotionally unfit to practice psychology.

(5) 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]

Notes of Decisions

Board of Psychologist Examiners was not re­quired to further define, through rulemaking, ethical standard which peti­tioner-psychologist was found to have violated through sexual rela­tionships with patients and Board acted within its statutory authority in revoking peti­tioner's license to practice. Gilmore v. Board of Psychologist Examiners, 81 Or App 321, 725 P2d 400 (1986), Sup Ct review denied

Atty. Gen. Opinions

Activities of clinical social workers without psychologist licensing, (1981) Vol. 42, p 167

1 Legislative Counsel Committee, CHAPTER 675—Psychologists; Occupational Therapists; Certified Sex Offender Therapists; Clinical Social Workers; Licensed Professional Counselors and Marriage and Family Therapists, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­675.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 675, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­675ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.