Rulemaking – OAR Chapter 833

Current Proposed Rules

Proposed Rule: Intern registration plans, filing complaints for law or rule violation, and grounds for disciplinary action.

Recent Rulemakings (2018)

Proposed Rule: Distance counseling rule revisions following adoption of American Counseling Association Ethics Code. 

Temporary Rules (2018)

Temporary Rule Effective January 1 - April 12, 2018 (Fee-Splitting)

This rule temporarily suspended the ACA Code of Ethics Section A.10.b., Unacceptable Business Practices.  It was repealed on 4/13/18.

  • Fee-splitting, which is prohibited in the ACA Code, is defined as “the payment or acceptance of fees for client referrals.”  This references the referral process; it does not preclude the dividing of fees for professional services provided.
  • Temporary Administrative Order (Repeal of Prior Temporary Administrative Order)- Filed & Effective 4/13/18.
  • Temporary Administrative Order- Filed 12/13/17, Effective 1/1/18 - 6/29/18.- Filed 12/13/17, Effective 1/1/18 - 6/29/18.

Recent Rulemakings (2017)

Rule Effective January 1, 2018: Code of Ethics for Counselors, Therapists, Interns and Applicants (Adoption of ACA Code)


In August of 2015, the Board established a Laws and Rules Committee (LRC) to begin the ominous task of reviewing the Oregon Administrative Rules (OARs), Chapter 833.  The Education Committee (EC) was also formed, and tasked with pre-reviewing and making recommendations to the LRC regarding rule sections related to education and training. The purpose of these reviews were to streamline and better organize the rules to make them more clear to stakeholders and more straightforward to administer; to reduce significant amounts of redundant verbiage; and to clarify vague language, consistent with the State’s “Plain Language” policies.
In the summer of 2016, the LRC recruited a Rules Advisory Committee (RAC) from counseling ethics instructors at a number of institutions across Oregon to review and make recommendations regarding Division 100, the Board’s Code of Ethics.  The RAC met several times to review codes from various national organizations, and finally determined that the 2014 American Counseling Association (ACA) Code of Ethics was the most comprehensive and relevant.  The RAC found that the ACA Code contained many improvements as compared to the Board’s current code, and also recommended that the Board maintain certain provisions of its current code. The Board reviewed the RAC’s proposal and on January 20, 2017 determined to propose a rulemaking to adopt the recommendations.

Events & Documents

Note: The LRC will next review Division 90 (Distance Counseling).  More information to come soon.

Rules Effective August 15, 2017

  • Renewal Fee Increase for Registered Interns and Active Status Licensees
On August 5, 2016 the Board voted to adopt Policy Option Package 101 as a part of its Agency Request Budget, which included a $40 increase in intern and active status license renewal fees.  These Board fees have not changed since 2002.  The increase is necessary to support the staffing and facilities changes described in Policy Option Package 101. The number of new licenses issued has been increasing by an average of 12.6% per year over the last ten years.  Despite more than tripling in volume, during this time the Board has maintained only 1.5 FTE permanent licensing staff. The Board has been utilizing a limited duration position, temporary staff, and overtime work from current staff in order to meet these growing demands, but the staffing shortage was found to adversely impact customer service.  The Board’s Budget was approved by the Oregon State Legislature and signed by the Governor on June 6, 2017.  The Board adopted temporary rules to implement the fee increase as of July 1, 2017, the 2017-19 biennium budget effective date.  This permanent rule amendment is proposed to replace the temporary rules.
  • Licensure Application; Examination Requirements
  • Statements to the Board and Failure to Disclose an Arrest or Conviction

Rule Effective June 12, 2017: Approval of the California Marriage and Family Therapist Written Clinical Examination.

Rule Effective June 10, 2017: Examination and Clinical Experience Requirements for Reciprocity Method Applicants.

Recent Rulemakings (2016)

From November of 2015 through May of 2016, the Laws and Rules Committee and Education Committee held 13 public meetings to go through the various rule sections piece by piece and identify needed changes. The Committees reported their progress to the Board during its meetings of December 2015, February 2016, and April 2016.  At the June 3, 2016 Board meeting the LRC presented two “packages” of recommended rule changes, and the Board voted to approve these proposed rules to be noticed to the public.  On June 10, 2016 these notices were filed with the Secretary of State’s Office, sent to all licensees and applicants via the Board’s listserv, and posted to the Board’s website:
  1. Definitions, rulemaking procedures, contested case hearings, investigations and failure to cooperate, and criminal history checks (Divisions 1, 10, 110, & 120).   This rulemaking was filed and effective August 8, 2016.  Click here
  2. Application methods and requirements, inactive status, examination, general licensure provisions, fees, supervision, and continuing education (Divisions 20, 30, 40, 50, 60, 70, 75, 80, & 130) Click here. THIS RULEMAKING PROPOSAL WAS NOT APPROVED.  On August 5, 2016, after much discussion and consideration, the Board determined not to limit home study to 20 continuing education credits allowed per reporting period.  The Board really appreciates the helpful feedback provided by those who reviewed the recent rulemaking proposals.

​On August 10, 2016, the second proposal was filed and noticed:

Application methods and requirements, inactive status, examination, general licensure provisions, fees, supervision, and continuing education (Divisions 20, 30, 40, 50, 60, 70, 75, 80, & 130).  This does not limit home study CE.  It was filed and effective on October 10, 2016. Click here.

Events & Documents