Oregon Administrative Rules Chapter 833 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS
Oregon Administrative Rules Chapter 833 — Mental Health Regulatory Agency, Oregon Board of Licensed Professional Counselors and Therapists (OBLPCT)
Overview and Purpose
Chapter 833 governs the licensing, regulation, and disciplinary oversight of Licensed Professional Counselors (LPCs) and Licensed Marriage and Family Therapists (LMFTs) in Oregon.
The Board is responsible for ensuring that mental health professionals meet qualifications, follow ethical standards, and provide competent care.
The rules set standards for:
Licensing requirements
Continuing education
Professional conduct and ethics
Complaint investigation and disciplinary actions
Administrative hearings and appeals
Key Functions of the Board under Chapter 833
Licensing: Sets education, experience, and examination requirements for LPCs and LMFTs.
Discipline: Investigates complaints, conducts hearings, and can impose sanctions such as suspension, revocation, or fines.
Ethical Enforcement: Ensures licensees adhere to professional ethical standards to protect public safety.
Rulemaking: Promulgates and enforces administrative rules within its regulatory authority.
General Legal Principles and Case Law Relevant to Administrative Agency Rules and Mental Health Licensing Boards
Because this is an administrative regulatory framework, courts often deal with questions about:
Agency Authority and Scope
Due Process in Licensing and Disciplinary Proceedings
Deference to Agency Interpretations
Protection of Public vs. Licensee Rights
1. Agency Authority and Scope
The Board must act within the authority granted by law and its administrative rules.
Courts will review if the Board’s actions, such as denying a license or disciplining a therapist, are consistent with the scope of its rulemaking and enforcement powers.
Example: If the Board disciplines a counselor for conduct not covered by Chapter 833, the court may invalidate the disciplinary action.
2. Due Process in Licensing and Discipline
Licensees have due process rights before license denial, suspension, or revocation.
Due process typically requires:
Notice of the charges or allegations
Opportunity to be heard in a fair hearing
Right to present evidence and cross-examine witnesses
Courts have struck down agency decisions where procedural fairness was lacking.
3. Deference to Agency Interpretations
Courts often give deference to reasonable interpretations of administrative rules by the licensing board.
When rules are ambiguous, the Board’s interpretation will stand unless unreasonable or arbitrary.
Relevant Case Law Principles (Illustrative)
a. Fair Process in Disciplinary Actions
Case Example: A licensed counselor was disciplined without a proper hearing.
Holding: Court ruled the Board violated due process, and reversed the discipline.
Principle: Administrative agencies must follow fair procedures in disciplinary actions.
b. Scope of Authority
Case Example: Board tried to impose sanctions based on conduct unrelated to therapy.
Holding: Court held the Board exceeded its authority and overturned sanctions.
Principle: Agencies must enforce only rules and standards within their jurisdiction.
c. Reasonable Interpretation of Rules
Case Example: Dispute over whether certain conduct violated ethical rules under Chapter 833.
Holding: Court deferred to Board’s reasonable interpretation of ethical standards.
Principle: Courts respect agency expertise in interpreting technical professional rules.
Summary
Chapter 833 governs the licensing and regulation of professional counselors and therapists in Oregon through the OBLPCT.
The Board ensures licensees meet qualifications and adhere to ethical and professional standards.
Licensees are entitled to due process before adverse actions like license denial or discipline.
Courts review Board actions for authority compliance, procedural fairness, and reasonable rule interpretation.
Case law emphasizes protecting both the public interest in competent mental health care and licensees’ procedural rights.
RELATED Blog
0 comments