1. (1) Professional Disclosure Statement (PDS) Content.  The PDS must include the following information required by this section and ORS 675.755:

   1. (a) Name, business address and telephone number;
   2. (b) Philosophy and approach to counseling or marriage and family therapy;
   3. (c) A statement indicating adherence to the Oregon Licensing Board's Code of Ethics set forth in OAR chapter 833, division 100;

   4. (d) A bill of rights of clients, including a statement that consumers of counseling or therapy services offered by Oregon licensees have the right:

      1. (A) To expect that a licensee or temporary practitioner has met the minimum qualifications of training and experience required by state law;
      2. (B) To examine public records maintained by the Board and to have the Board confirm credentials of a licensee or temporary practitioner;
      3. (C) To obtain a copy of the Code of Ethics;
      4. (D) To report complaints to the Board;
      5. (E) To be informed of the cost of professional services before receiving the services;
      6. (F) To be assured of privacy and confidentiality while receiving services as defined by rule or law. Licensees and temporary practitioners must include an explanation of each exception to confidentiality; and
      7. (G) To be free from being the object of discrimination on any basis listed in the Code of Ethics while receiving services.
   5. (e) Formal education and training, including title of highest relevant degree earned and school granting degree;
   6. (f) Oregon licensure requirements for continuing education and supervision;
   7. (g) Fee schedule;
   8. (h) A statement indicating the following: “Additional information about this counselor or therapist is available on the Board’s website: www.oregon.gov/oblpct”; and
   9. (i) The Board’s name, address, telephone number, and email address.

2. (2) PDS Distribution.  Unless exempted under subsection (d), below, licensees and temporary practitioners must provide each client with a PDS consistent with section (1) of this rule.

   1. (a) When providing a PDS via electronic communication, licensees and temporary practitioners must ensure a means of documenting confirmation of receipt and acknowledgement of the PDS.
   2. (b) Licensees and temporary practitioners must make a reasonable effort to assist the client to understand the information presented in the PDS.
   3. (c) The PDS must be accessible to people with disabilities.

   4. (d) The PDS distribution requirements of this section do not apply to:

      1. (A) Licensees on inactive status or not practicing professional counseling or marriage and family therapy in Oregon;

      2. (B) Licensees and temporary practitioners whose practice is:

         1. (i) Providing crisis response;
         2. (ii) Serving residential psychiatric patients only;
         3. (iii) Employment by a correctional institution; or
         4. (iv) Employment by a local, state or federal government agency, a public university listed in ORS 352.002, an organization licensed or certified by the Oregon Health Authority, or a group practice if the employer supplies a PDS, informed consent, or equivalent document(s) containing the information required in section (1) of this rule. Upon a request by the Board, licensees and temporary practitioners must provide a copy of such document(s) within ten (10) days.
   5. (e) Unless exempted under subsection (d), above, a licensee or temporary practitioner who fails to provide a PDS may not charge the client a fee for services.

Statutory/Other Authority

ORS 675.785

Statutes/Other Implemented

ORS 675.785 & ORS 675.755

History

BLPCT 5-2024, amend filed 06/07/2024, effective 06/07/2024
BLPCT 1-2024, amend filed 01/01/2024, effective 01/01/2024
BLPCT 5-2021, amend filed 10/08/2021, effective 10/08/2021
BLPCT 3-2021, temporary amend filed 08/11/2021, effective 08/11/2021 through 02/06/2022
BLPCT 1-2019, amend filed 12/18/2019, effective 01/01/2020
BLPCT 2-2018, amend filed 06/07/2018, effective 06/07/2018
BLPCT 3-2017, f. 6-12-17, cert. ef. 1-1-18
BLPCT 4-2016, f. & cert. ef. 10-10-16