1. (1) Psychiatrists exempt from certification. A psychiatrist may serve as an examiner as provided by ORS 426.110. Division certification is not necessary for psychiatrists serving as mental health examiners.

2. (2) Qualifications for certification of persons other than psychiatrists. The Division shall certify, as a qualified mental health examiner for three years or until such time as the Division terminates the certificate, a person who meets all of the following:

   1. (a) Has at least three years clinical experience in the diagnosis and treatment of adults with severe and persistent mental illness who primarily live with a psychotic disorder;
   2. (b) Presents acceptable written references from two people who have the above qualifications and can demonstrate direct knowledge of the person’s qualifications;
   3. (c) Is recommended by the CMHP director to be an examiner in the county; and

   4. (d) Has established individual competence through training provided by the Division in the following areas:

      1. (A) The role and duties of an examiner and the process of examination;
      2. (B) Oregon statutes and administrative rules relating to the civil commitment of persons with mental illness;
      3. (C) Establishing clear and convincing evidence for mental disorder;
      4. (D) The mental status examination; and
      5. (E) The assessment of suicidality, self-harm, risk of harm to self or others, and ability to care for basic needs.
   5. (e) Is a Qualified Mental Health Provider (QMHP).

3. (3) Qualifications for recertification. The Division may recertify for three years, or until such time as the Division terminates the certificate of, any mental health examiner who meets the following:

   1. (a) The examiner has been certified by the Division after July 1, 1988;
   2. (b) The examiner has successfully maintained certification or licensure in accordance with credentials described in subsections (1) and (2) of this rule, and completed eight hours of training provided by the Division relating to the assessment and diagnosis of mental disorder and, changes in statutes and administrative rules relating to civil commitment; and
   3. (c) The director recommends the person to be an examiner in the county.
4. (4) Examination. The examiner shall conduct an examination in a manner that elicits the data necessary for establishing a diagnosis and a plan for treatment. Only certified examiners shall conduct an examination of an alleged person with a mental illness.

5. (5) Termination of certification. The Division may terminate the certification of any mental health examiner when, in the opinion of the Division:

   1. (a) The person no longer can competently perform the duties required by this rule; or
   2. (b) The person has exhibited a behavior or a pattern of behavior which violates the rights, afforded by statute, of persons being investigated.

Statutory/Other Authority

ORS 413.042 & 426.060 - 426.500

Statutes/Other Implemented

ORS 426.005 - 426.395

History

BHS 17-2026, amend filed 06/26/2026, effective 06/26/2026
BHS 7-2024, amend filed 04/30/2024, effective 05/28/2024
BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023
MHD 12-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-230-0060