Practice

General Practice Q&A

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

Scope of Practice

Q1. What is the scope of practice for a licensed professional counselor (LPC) or a professional counselor associate?

A1. LPCs are licensed / associates are registered by the Board to practice professional counseling, which pursuant to Oregon Revised Statutes (ORS) 675.705(8), means “the assessment, diagnosis or treatment of mental, emotional or behavioral disorders involving the application of mental health counseling or other psychotherapeutic principles and methods in the delivery of services to individuals, couples, children, families, groups or organizations” and may include (but is not limited to):

Application of intervention methods based on cognitive, affective, behavioral, systemic or human development principles;
Provision of counseling services to address personal growth or wellness;
Definition of goals and the planning of action reflecting interests, abilities, aptitudes or needs as they relate to problems, disabilities or concerns in personal, social, educational, rehabilitation or career adjustments;
Research activities, including reporting, designing or conducting research in counseling with human subjects;
Referral activities, including the referral to other specialists when indicated to provide ethical treatment;
Consulting activities that apply counseling procedures and interpersonal skills to provide assistance in solving problems relating to an individual, group or organization; and
Record keeping activities, including documentation of counseling treatment, therapeutic services or clinical supervision.

Q2. What is the scope of practice for a licensed marriage and family therapist (LMFT) or a marriage and family therapist associate?

A2. LMFTs are licensed / associates are registered by the Board to practice marriage and family therapy, which pursuant to Oregon Revised Statutes (ORS) 675.705(7), means “the assessment, diagnosis or treatment of mental, emotional or behavioral disorders involving the application of family systems or other psychotherapeutic principles and methods in the delivery of services to individuals, couples, children, families, groups or organizations” and may include (but is not limited to):

Application of counseling techniques for the purpose of resolving intrapersonal or interpersonal conflict or changing perceptions, attitudes, behaviors or interactional processes in the area of human relationships and family life;
Provision of services to address wellness or optimal functioning in human relationships or family life;
Research activities, including reporting, designing or conducting research in marriage and family therapy with human subjects;
Referral activities, including the referral to other specialists when indicated to provide ethical treatment;
Consulting activities that apply marriage and family therapy procedures to provide assistance to organizations that support or enrich marriage and family life; and
Record keeping activities, including documentation of counseling treatment, therapeutic services or clinical supervision.

Q3. Can an LPC, LMFT, or registered associate administer the [insert testing instrument]?

A3. There is no law or rule administered by the Board that says exactly which tests licensees or registered associates may or may not perform. Per the ACA Code of Ethics, a licensee/registrant must practice only within their scope of competence based on education, training, supervised experience, consultation, study, or professional experience (see C.1 & E.2). They only use testing and assessment services for which they are trained and competent. The Board would not provide an advisory opinion as to whether someone is able to render different types of tests, but it may consider the individual circumstances if it were presented with a complaint that someone has practiced outside of their scope. Note that individual testing instruments may specify the qualifications for administering and interpreting the particular test.

Q4. Can an LPC, LMFT, or registered associate diagnose or treat [insert disorder]?

A4. Again, there is no law or rule administered by the Board that says exactly which disorders are within the scope of practice for licensees or registered associates. The law broadly allows assessment, diagnosis or treatment of mental, emotional or behavioral disorders, and the ACA Code of Ethics requires that a licensee/registrant practice only within their scope of competence based on education, training, supervised experience, consultation, study, or professional experience (see C.1, E.2). The Board does not prescribe any particular certification or training to qualify someone to diagnose or treat any particular disorder.

Q5. Does the Board set any practice or setting restrictions for registered associates?

A5. Registered associates (formerly “registered interns” prior to August 2021) must practice under supervision in accordance with OAR Chapter 833, Division 50 until licensed. An associate registration plan may cover up to three separate practices per OAR 833-050-0051(3). Otherwise, the Board does not generally set limitations as to whether registrants may practice in private, group, community mental health, hospital, or other settings (or any combination thereof). There is no requirement for the supervisor to work at the same site as the registrant. The scope of practice as described above is not explicitly limited, except note that registrants must consult with their supervisor on the appropriateness of client population and caseload, individual charts, case records and management, diagnostic evaluation and treatment planning, and methodologies for keeping client confidentiality. Supervisors do not permit registrant supervisees to perform or purport to perform professional services beyond the registrants’ level of skill and training. See OAR 833-050-0091. Registered associates must abide by the ACA Code of Ethics, which requires them to practice only within their scope of competence based on education, training, supervised experience, consultation, study, or professional experience (see C.1 & E.2).

Teletherapy / Interjurisdictional Practice

Q1. As an Oregon LPC/LMFT (or registered associate), do I need a special certification to practice via telehealth?

A1. The Board does not require additional certification to practice teletherapy.

Q2. 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?

A2. Please visit our Limited Permit webpage to see if you may qualify.

Q3. 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?

A3. As a licensee/registered associate/permitted practitioner, you are legally authorized to practice either in-person or via electronic means with your clients who are within the State of Oregon. 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.

Q4. 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?

A4. As a licensee/registered associate/permitted practitioner, you are legally authorized to practice via electronic means with your clients who are within the State of Oregon. 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.

Counseling Compact

Q1. Will Oregon join the Counseling Compact?
A1. The short answer: no.

The Board evaluated the potential benefits, challenges, and obstacles of joining the Counseling Compact for some time. Those who have followed the Board’s public meetings know that the Compact has been an active topic of discussion since 2023. In early 2024, the Board requested legislation to be introduced in the 2025 Oregon Legislative Session to adopt the Counseling Compact in Oregon. In early December 2024, the Board learned that its proposed legislative concept was not approved to move forward to be introduced during the 2025 Legislative Session. There has been a broader conversation about compact agreements across medical and professional licensure that have been coming up and the Governor was wondering if this would be better addressed in that broader conversation.

While Compact legislation did not move forward as Board-introduced bill, it was introduced as House Bill 3351 (2025) by Representative Diehl. The bill was not successful. (Note: Interested parties may review the Oregon State Legislature webpage to learn ways to get involved. The Board must not take any position on outside legislation.)

Navigating the Counseling Compact included several complex issues. One primary concern was that the compact’s language conflicts with Oregon’s Constitution, statutes, and policy (Oregon Administrative Rule). These conflicts could not be addressed in a way that upholds Oregon’s standards while allowing the Compact Commission to accept Oregon as a member.

The Board’s prerogative is to maintain recent efforts to streamline application processing and reduce barriers to licensure, including grandfathering concessions for older degrees, substitution provisions for coursework deficiencies, and relaxed standards for reciprocity applicants who have been licensed in another state for three years. The Compact- requiring uniform entry standards across states- posed challenges to maintaining current requirements.

There were additional concerns about granting significant regulatory power to the Compact Commission, an external entity, and the logistical and financial implications of conducting out-of-state investigations. Implementing the Counseling Compact would involve substantial costs, including legal fees, additional personnel, necessary system updates, and loss of licensing fee revenue to an outside party, all of which could lead to increased licensing fees for Oregon LPCs and LMFTs.

While interjurisdictional practice compacts are often promoted as a way to increase the number of practitioners in Oregon, it’s important to remember that the Compact would also allow Oregon professional counselors to practice in other states, leaving the overall impact uncertain. It's unclear how additional telehealth practitioners in Oregon would affect the behavioral health crisis, in particular for high-need communities. It will not increase the overall volume of providers nationally, but may shift them to more competitive states.

This is an important initiative that the Board carefully considered in collaboration with stakeholders, with the intention of avoiding unintended consequences. However, ultimately the decision to adopt any interjurisdictional practice compact in Oregon lies with the Oregon Legislature and Governor.

Board Decisions

Q1. Can I reach out to a Board member if I don’t like a decision coming from the Board office?
A1. 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.

Q2. Can I get an exception?

A2. 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 choose 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.

Q3. Why won’t the Board to take a position on pending legislation that will benefit LPCs and LMFTs?

A3. 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.

Requests for Legal/Clinical Advice

Q1. Can I get legal or clinical advice from the Board?

A1. 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.

Advocacy & Board Role

Q1. Why isn’t the Board working to advocate for LPCs, LMFTs, and registered associates, including changing insurance reimbursement and improving wages?

A1. In short, this is not the Board’s role. Some comments received from licensees and registered associates reflect misunderstandings about the responsibility, purpose, and scope of authority of the Board. The 2022 MHRA Diversity Study completed by an independent third-party consultant found that some stakeholders believe the Board has a more wide-ranging jurisdiction than reality dictates (educational pipeline, insurance regulation, and legislative advocacy), which contributes to a lack of trust and can have an adverse impact on diversity in the profession. For example, some stakeholders believe that the Boards should initiate legislation to promote the profession (e.g., legislation related to provider insurance coverage requirements) or take a position on legislation other than concepts which are introduced by the Boards themselves (which is not permitted by the Governor’s Office). The Diversity Study found that “structural changes such as education funding and Medicare/private insurance reform could improve the financial outlook for registered associates but are outside the authority and resources of the boards.”

The Board was created for the purpose of determining qualifications for licensure for LPCs and LMFTs (academic and training standards), ensuring that candidates meet the licensure qualifications (education, exam, experience, character, and fitness, etc.), ensuring ongoing compliance with licensure requirements (renewal, continuing education, professional disclosure statement, etc.), and establishing and enforcing a code of professional ethics. Board staff receive complaints and investigate alleged violations of Board law, rule, and the ACA Code of Ethics. The regulatory functions of the Board are set to create high standards for professional practice in Oregon and to ensure the ongoing competence of the professionals licensed. In summary, the Board’s purpose is to protect the public. The Board may act only within its statutory authority as determined by the Oregon State Legislature.

In contrast, the role of professional associations (e.g., the Oregon Counseling Association, the Oregon Association of Marriage and Family Therapists, and the Coalition of Oregon Professional Associations for Counseling and Therapy) are rooted in promotion of the profession. Associations typically offer continuing education trainings and networking opportunities, provide informational resources, keep members apprised of current issues, and engage in advocacy for—or in opposition to—legislation that affects the profession. Many professional associations offer peer consultations and provide advice on ethical or legal issues.

There are certainly areas where the interests of a regulatory board and a professional association will overlap. For example, proposed legislation that changes the continuing education requirements or modifies the scope of practice for an LPC or LMFT will have both regulatory and professional practice implications. However, there is an important distinction between a governmental regulatory board’s public protection mandate and a professional association’s professional advocacy role. The two will not always align when it comes to certain policy considerations.

Q2. Why isn’t the Board awarding scholarships, grants, student loan forgiveness, supervisor stipends, and other programs/incentives to promote the workforce?

A2. Much of this goes back to the response in #1, above, in the Board’s role and purpose as set forth in Oregon law. Also, creating new programs requires a funding source. The Board’s operations are 100% funded by “Other Funds”- meaning licensing fees- not “General Fund” taxpayer dollars. Funding workforce initiatives would require the Board to raise fees paid by LPCs, LMFTs, and applicants. Note that there are current opportunities within an Oregon Health Authority program called the Behavioral Health Workforce Initiative, which was created to develop a diverse behavioral health workforce through scholarships, loan repayment, retention and peer workforce development, and awarding grants to licensed behavioral health providers to provide clinical supervision to registered associates.

Insurance

Q1. Does the Board require licensees or registered associates to carry professional liability insurance?
A1. 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.

Q2. Can the Board office answer my questions about insurance coverage issues?

A2. No.

Advertising

Q1. Can I advertise my business, service, or recruitment through the Board?

A1. 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

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