Or. Admin. Code § 309-090-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-090-0020 - Recertification Requirements

(1) An evaluator must request recertification using the forms, and in a manner prescribed by the Authority.

(2) The minimum requirements for recertification are:

(a) Proof of the applicant's license permitting them to practice as a psychiatrist, licensed psychologist or LCSW in the State of Oregon;

(b) Within six months prior to the expiration of the evaluator's certification, the evaluator must participate in the Recertification Updates to the Oregon Forensic Evaluator Training Program approved by the Authority;

(c) Review and approval by the Division of a minimum of two redacted forensic evaluation reports completed by the applicant during the past 24 months;

(A) If the psychiatrist or licensed psychologist applicant desires to perform criminal responsibility forensic evaluations, at least one redacted sample should be an evaluation of criminal responsibility. If performing juvenile forensic evaluations one of these should be a juvenile competency or criminal responsibility evaluation. LCSWs cannot perform any forensic evaluations other than fitness to proceed evaluations for youth in a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005.

(B) All redacted evaluation reports submitted by LCSWs for panel review must specifically address the topic of juvenile competency for youths in a proceeding initiated by a petition alleging jurisdiction under 419C.005.

(C) These reports shall be subject to review and must meet or exceed standards identified by the Authority as listed in OAR 309-090-0025. The review panel may request to review an additional evaluation report if necessary to make a determination that the reports meet or exceed standards as listed in 309-090-0025; and

(d) A non-refundable application fee of $250.00; and

(e) Continued compliance with all applicable laws and requirements.

(3) Failure to satisfy the factors listed in section (2) above shall result in a non-recertification order from the Authority.

(4) Failure to reapply, attend the Recertification Updates to the Oregon Forensic Evaluator Training, or submit redacted evaluation reports for review and approval shall constitute a forfeiture of Full Certification which may be restored only upon written application approved by the Authority. Individuals who fail to reapply may receive a Temporary Certification for up to twelve months. Evaluators are responsible for monitoring their own expiration date and reapplying at the appropriate time.

(5) Individuals who receive non-recertification orders may reapply for certification and will be certified after they meet all of the requirements for certification. The Authority shall also provide notice of the applicant's right to a hearing pursuant to the provisions of ORS Chapter 183.

Or. Admin. Code § 309-090-0020

MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12; MHS 14-2014, f. & cert. ef. 10-29-14; MHS 4-2016, f. & cert. ef. 5/3/2016; BHS 18-2019, temporary amend filed 08/28/2019, effective 8/30/2019 through 2/24/2020; BHS 2-2020, amend filed 01/13/2020, effective 1/14/2020

Statutory/Other Authority: ORS 413.042, 419C.382 & 161.392

Statutes/Other Implemented: ORS 161.295-325, 419C.378-386, 161.360-370, 161.392, 419C.411 & 419C.520-529