Practice

General Practice Q&A

Below you will find helpful Q&A listed by topic.

Teletherapy

Q: As an Oregon LPC/LMFT, do I need a special certification to practice via telehealth?

A: The Board does not require additional certification to practice teletherapy.

Q: I’m licensed as an LPC/LMFT in [insert other state] and have a client who will be staying in Oregon for some time. Can I continue to provide them services via teletherapy?

A: Currently this requires full licensure. The Board is currently proposing a Limited Permit option, but this is not yet available.

Q: I’m licensed in Oregon but will be staying in [insert other state] for some time. Can I continue to provide teletherapy to my Oregon clients?

A: As a licensee/registered associate/permitted practitioner, you are legally authorized to practice with your clients who are within the State of Oregon via electronic means. However, please remember that state laws vary. It is up to the jurisdiction where you will be physically located to determine if this is acceptable, as Oregon cannot regulate this aspect and cannot authorize practice within another state.

Q: I’m licensed in Oregon and my client will be traveling to [insert other state] for some time. Can I continue to provide teletherapy to this client?

A: As a licensee/registered associate/permitted practitioner, you are legally authorized to practice with your clients who are within the State of Oregon via electronic means. However, please remember that state laws vary. It is up to the jurisdiction where your client will be physically located to determine if this is acceptable, as Oregon cannot regulate this aspect and cannot authorize practice within another state.

Requests for Legal/Clinical Advice

Q: Can I get legal or clinical advice from the Board?

A: Oftentimes, the Board’s website or staff may be able to direct individuals to relevant information such as applicable laws, rules, ethical code provisions, or official guidelines. However, Board members and Board staff cannot provide legal or clinical advice. It is not the role of Board personnel to perform analysis of the law or to research clinical standards and provide advice on how those apply to a person’s specific situation. Such advice takes specific legal and/or clinical knowledge and extensive, time-consuming research and analysis work to ensure accuracy and consistency. There are significant implications of offering such advice; it affects the rights and responsibilities of the Board and the recipient of the advice. From a practical perspective, current resource and staffing levels would not allow for Board staff to respond to requests for legal and clinical advice from thousands of applicants and licensees.

LPCs, LMFTs, registered associates, temporarily authorized practitioners, and applicants have a responsibility to read, understand, and follow the American Counseling Association’s Code of Ethics, and to adhere to applicable laws and regulations. A practitioner who encounters an area of uncertainty must take steps to follow an ethical decision-making model. This includes regularly reviewing statutes, administrative rules, and ethical code provisions to ensure a strong foundational understanding. Researching best practice as it applies to your situation and consulting with colleagues and/or legal counsel is also recommended. Clearly document the steps that you took in order to resolve your issue, including what you learned from research conducted and discussions held. Also, you are encouraged to check with your professional association, because many offer helpful advice services.

Board Decisions

Q: Can I reach out to a Board member if I don’t like a decision coming from the Board office?

A: It is not appropriate to contact individual Board members to attempt to lobby for a particular position, for example a policy opinion or a past or pending decision of the Board on a compliance issue. Board members are not able to speak as individuals about a Board matter or make any individual decisions outside of the full Board.

Q: Can I get an exception?

A: Oftentimes, the Board must render decisions or provide information that some individuals may find unfavorable. The Board is a governmental regulatory agency charged with setting certain standards and enforcing specified Oregon law. State agencies cannot set standards and then chose not to apply them to just some individuals or decide not to follow the rules or statutes established by the Oregon State Legislature. Such practices are not only unfair and arbitrary but are also illegal. The Board and its staff cannot grant variances to law, rule, or ethical code provisions. A somewhat common area of confusion is the expiration of licensure applications or lapsing of licenses for those who fail to complete the process. While Board staff do put forth significant effort to strengthen awareness through advisory articles, web materials, and courtesy reminders, licensees, residents, and applicants are personally responsible for understanding and fulfilling the requirements to achieve and maintain professional licensure in Oregon. Requests for exception to the administrative rules cannot be granted by the Board.

Q: Why won’t the Board to take a position on pending legislation that will benefit LPCs and LMFTs?

A: Many stakeholders are not aware of this, but the Governor’s Office requires that Oregon State agencies, including the Board, must not take a position on any legislation other than to support bills introduced by the Board itself or the Governor’s office.

Insurance

Q: Does the Board require licensees or registered associates to carry professional liability insurance?

A: No, the Board does not have any administrative rules or governing statutes that require any form of coverage. However, you may wish to consult with colleagues, a private attorney, or your professional organization for advice or guidance on what is the best approach for your situation.

Q: Can the Board office answer my questions about insurance coverage issues?

A: No.

Advertising

Q: Can I advertise my business, service, or recruitment through the Board?

A: No. MHRA and the Board are government regulatory entities that only post information related to other agencies or official licensing or regulatory-related resources. We do not post advertisements, recruitments, or unofficial resources.

Statistics

Licensing

Compliance

Below is a yearly breakdown of investigative case outcome for all cases with final decisions from 2020 to 2023.

*The volume of revoked/surrendered disciplinary actions accounts for individual licensees/registrants. Some of these individuals had more than one investigative case number that led to imposition of the sanction.

Between 2019 and 2023, the Board denied 1 out of 6,461 licensure applications because of a criminal conviction.