Section 675.745 - Grounds for denial, suspension or revocation of license or refusal to issue license; probation; confidentiality of information; penalties(1) The Oregon Board of Licensed Professional Counselors and Therapists may deny, suspend, revoke or refuse to issue or to renew any license issued under ORS 675.715 to 675.835 upon proof that the applicant for licensure or the licensee: (a) Except as provided in subsection (8) of this section, has been convicted of violating ORS 675.825 or of a crime in this or any other state or territory or against the federal government that brings into question the competence of the licensee in the role of a counselor or a therapist;(b) Is unable to perform the practice of professional counseling or marriage and family therapy by reason of physical illness;(c) Has an impairment as defined in ORS 676.303;(d) Has been grossly negligent in the practice of professional counseling or marriage and family therapy;(e) Has violated any provision of ORS 675.715 to 675.835 or 675.850;(f) Has violated any rule of the board pertaining to the licensure of professional counselors or licensed marriage and family therapists;(g) Has failed to file a professional disclosure statement or has filed a false, incomplete or misleading professional disclosure statement;(h) Has practiced outside the scope of activities, including administering, constructing or interpreting tests or diagnosing or treating mental disorders, for which the licensee has individual training and qualification;(i) Except as provided in subsection (8) of this section, has been disciplined by a state mental health licensing board or program in this or any other state for violation of competency or conduct standards; or(j) Notwithstanding ORS 670.280, has been convicted of a sex crime as defined in ORS 163A.005 or has been convicted in another state or jurisdiction of a crime that is substantially equivalent to a sex crime as defined in ORS 163A.005.(2)(a) The board may reprimand or impose probation on a licensee or a registered associate upon proof of any of the grounds for discipline provided in subsection (1) of this section.(b) If the board elects to place a licensee or a registered associate on probation, the board may impose:(A) Restrictions on the scope of practice of the licensee or associate;(B) Requirements for specific training;(C) Supervision of the practice of the licensee or associate; or(D) Other conditions the board finds necessary for the protection of the public.(3) The board may initiate injunctive proceedings in any circuit court against persons violating any provision of ORS 675.715 to 675.835 or any rules adopted by the board.(4) Pursuant to ORS 183.745, the board may impose a civil penalty of not more than $2,500 for each ground for discipline listed in subsection (1) of this section found by the board.(5) Pursuant to ORS 183.745, the board may impose a civil penalty of not more than $2,500 for each violation of or failure to observe any limitation or condition imposed by the board on the licensee's or registered associate's practice under subsection (2) of this section.(6) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175.(7) In addition to the actions authorized by subsections (1) and (2) of this section, the board may take such disciplinary action as the board in its discretion finds proper, including but not limited to the assessment of the costs of the disciplinary process.(8) The board may not suspend or revoke a person's license or registration to practice professional counseling or marriage and family therapy, or refuse to grant a license or registration to practice professional counseling or marriage and family therapy to a person, because of a conviction or disciplinary action resulting solely from the person's provision of professional counseling services or marriage and family therapy services relating to reproductive or gender-affirming health care that are otherwise lawful in this state but unlawful in the jurisdiction in which the person provided the services, so long as the services provided were performed in accordance with the standard of care applicable to the services.Amended by 2023 Ch. 228, § 31c, eff. 7/13/2023.Amended by 2021 Ch. 677, § 10, eff. 7/1/2021.Amended by 2015 Ch. 611, § 3, eff. 1/1/2016.Amended by 2015 Ch. 79, § 6, eff. 5/18/2015.1989 c.721 §15; 1991 c.67 §180; 1993 c.56 §1; 1997 c.791 §17; 1999 c.463 §3; 2001 c.120 §3; 2009 c. 549, § 8; 2009 c. 756, § 17