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2006 Oregon Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagor0037 and id is 1 raw text is: HARDY MYERS PETER D. SHEPHERD Attorney Generalt Deputy Attorney General DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION May 17, 2006 Martin Pittioni State Board of Psychologist Examiners 3218 Pringle Road SE, Suite 130 Salem, OR 97302-630 Re: Opinion Request OP-2006-1 Dear Mr. Pittioni: You asked us to interpret two exemptions to ORS 675.020, which requires that persons practicing psychology in the State of Oregon be licensed by the State Board of Psychologist Examiners. What follows are your specific questions, our short answers and the analysis on which those answers are based. 1. Does the exemption granted by ORS 675.090(1)(e) to persons employed by a community mental health program * * * licensed or certified by the State of Oregon cover employees of private, noninpatient providers that treat mental or nervous conditions and have been approved by the Department of Human Resources (DHS) pursuant to ORS 743.556(3)? If not, what are the limits on the services that can be provided by employees of approved noninpatient providers of that nature? Employees of approved noninpatient providers are not exempt from the licensure requirement of ORS 675.020. Consequently, without a license, they may not provide services that constitute the practice of psychology as defined by statute and rule. 2. Does the exemption granted by ORS 675.090(1)(c) to persons licensed or certified by the State of Oregon to provide mental health services cover someone who is a qualified mental health professional under DHS administrative rules? No. A person who meets the criteria for being a qualified mental health professional under DHS rules is not licensed or certified by the state and therefore is not exempt from the licensure requirement imposed by ORS 675.020. 3. What types of employment relationships are exempted from the licensing requirement by ORS 675.090(1)(e)? Specifically, is the exemption limited to persons who are employees of a listed entity or does it include non-employees who provide services to a listed entity as either contractors or independent contractors? 1162 Court Street NE, Salem, OR 97301-4096 Telephone: (503) 947-4540 Fax: (503) 378-3784 TTY: (503) 378-5938

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