Oregon Secretary of State

Mental Health Regulatory Agency

Oregon Board of Psychology - Chapter 858

Division 20
COMPLAINTS, INVESTIGATIONS, AND CONTESTED CASE HEARINGS

858-020-0115
Compliance with Governor’s Executive Orders

(1) During a Governor declared emergency, unprofessional conduct includes failing to comply with any applicable provision of a Governor’s Executive Order or any provision of this rule.

(2) Failing to comply as described in subsection (1) includes, but is not limited to:

(a) Engaging in the practice of a profession required by an Executive Order to be closed;

(b) Operating a business required by an Executive Order to be closed;

(c) Failing to comply with the requirements of Oregon Health Authority (OHA) guidance implementing an Executive Order, including but not limited to:

(A) Failing to screen clients in accordance with OHA guidance prior to providing services;

(B) Failing to limit the number of individuals inside the premises or implement other protocols necessary to maintain physical distancing of six (6) feet;

(C) Failing to implement OHA guidance on mask and face coverings; and

(D) Failing to clean and disinfect in accordance with OHA guidance.

(d) Failing to comply with any requirements of a Board of Psychology guidance implementing an Executive Order.

(3) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation.

(4) The Board may impose sanctions for violations of this rule in accordance with ORS 675.070.

Note: Copies of the Governor’s Executive Orders are available at:  https://www.oregon.gov/gov/admin/Pages/executive-orders.aspx

Copies of Oregon Health Authority Guidance are available at:  https://govstatus.egov.com/OR-OHA-COVID-19

Statutory/Other Authority: ORS 675.070, ORS 675.085 & ORS 675.110
Statutes/Other Implemented: EO 20-03
History:
OBP 3-2021, adopt filed 05/17/2021, effective 05/17/2021
OBP 6-2020, temporary adopt filed 11/20/2020, effective 11/20/2020 through 05/18/2021


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