This regulation establishes minimum standards for the certification of psychiatrists, licensed psychologists, and licensed clinical social workers (LCSWs) to perform forensic mental health evaluations (fitness to proceed and criminal responsibility) for courts in Oregon. It sets out application requirements, certification types (Full, Temporary, Conditional), training requirements, and supervision programs for evaluators. The rule governs individual practitioner certification, not the licensing or operation of any behavioral health facility or level of care.
View official sourceOregon Health Authority Health Systems Division: Behavioral Health Services - Chapter 309 Division 90 FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS 309-090-0000 Purpose and Scope These rules establish minimum standards for the certification of psychiatrists, licensed psychologists, and regulated social workers, who are Licensed Clinical Social Workers (LCSW), related to performing forensic examinations and evaluations as described in ORS 161.309–161.315, 161.365-370, 419C.378-419C.380, 419C.411, and 419C.524-529. The rules are intended to ensure that forensic evaluations meet consistent quality standards and are conducted by qualified and trained evaluators. The Oregon Health Authority shall provide training, certify qualified applicants and maintain a list of certified forensic evaluators for statewide use. Statutory/Other Authority: ORS 413.042, 161.392 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 161.392, 419C.378 -386, 161.360-370, 419C.411 & 419C.520-529 History: BHS 2-2020, amend filed 01/13/2020, effective 01/14/2020 BHS 18-2019, temporary amend filed 08/28/2019, effective 08/30/2019 through 02/24/2020 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12 309-090-0005 Definitions (1) “Acuity of symptoms” means the intensity and severity of the defendant’s or youth’s psychiatric symptoms. (2) “Authority” means the Oregon Health Authority (OHA). (3) “Capacity” means that the defendant or youth is able to: (a) Understand the nature of the proceedings against the defendant or youth; (b) Assist and cooperate with the counsel of the defendant or youth; and (c) Participate in the defense of the defendant or youth. (4) “Community restoration services” means services and treatment necessary to safely allow a defendant to gain or regain fitness to proceed in the community, which may include supervision by pretrial services. (5) “Competence” or “competency” means the same as capacity. (6) “Conditional Certification” means a psychologist, psychiatrist, or a LCSW evaluator who has not been certified by the Authority under these rules but who has received a temporary conditional certification by a court to perform a forensic evaluation in a specific criminal or delinquency case. (7) “Court” means a criminal court or juvenile court in this state with jurisdiction over the defendant or youth. (8) “Criminal Responsibility” means: (a) A defendant who, as a result of a qualifying mental disorder at the time of engaging in the alleged criminal conduct, lacks the substantial capacity to either appreciate the criminality of their conduct or to conform their conduct to the requirements of law; or (b) A youth who, as a result of a qualifying mental disorder at the time the youth committed the act alleged in the petition, lacked the substantial capacity to either appreciate the nature and quality of the act or to conform the youth’s conduct to the requirements of law. (9) “Defendant” means a person who is tried as an adult in a court of criminal jurisdiction. (10) “Delinquency case” means any case involving a person who is under 18 years of age and who has committed an act that is a violation, or that if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city; and who is under the jurisdiction of the juvenile court. (11) “Division” means the Health Systems Division of the Authority. (12) “Evaluator” means a “certified evaluator” as defined by ORS 161.309. (13) “Fit to Proceed” or “Fitness to Proceed” means the same as having capacity. (14) “Forensic Evaluation” means that an evaluator assesses the defendant’s or youth’s fitness to proceed or criminal responsibility, completes a written evaluation, and submits it to the court or attorneys in a criminal or delinquency case. (15) “Full Certification” means a psychiatrist, licensed psychologist, or LCSW is certified by the Authority to perform forensic evaluations under these rules for the duration of 24 months. (16) “Guilty Except for Insanity” means that a Court has determined that a defendant lacks criminal responsibility. (17) “Hospital level of care” means that a defendant requires the type of care provided by an inpatient hospital in order to gain or regain fitness to proceed. (18) “Incapacitated” or “incapable” means that a defendant or youth is unable, as a result of a qualifying mental disorder, to: (a) Understand the nature of the proceedings against the defendant or youth; (b) Assist and cooperate with the counsel of the defendant or youth; or (c) Participate in the defense of the defendant or youth. (d) A youth cannot be found “incapacitated” solely because: (A) Of the age of the youth; (B) Of the current inability of the youth to remember the acts alleged in the petition; or (C) Evidence exists that the youth committed the acts alleged in the petition while the youth was under the influence of intoxicants or medication. (19) “Juvenile” means the same as a youth. (20) “Juvenile Certification” means an evaluator who has been certified by the Authority under these rules to complete forensic evaluations of youths related to their fitness to proceed and criminal responsibility, or related only to their fitness to proceed in the case of LCSWs.. (21) “Licensed Clinical Social Worker (LCSW)” means a regulated social worker licensed with the Oregon Board of Licensed Social Workers pursuant to ORS 675.530. (22) “Licensed Psychologist” means a psychologist licensed pursuant to ORS 675.010 through 675.150 by the Oregon Board of Psychologist Examiners. (23) “Oregon Forensic Evaluator Training Program” means a training program, approved by the Authority, for psychiatrists, licensed psychologists, and LCSWs related to the best practices and requirements for forensic evaluations performed under these rules. (24) “Psychiatrist” means a physician licensed by the Oregon Medical Board pursuant to ORS 677.010 through 677.450 and who has completed an approved residency training program in psychiatry. (25) "Qualifying Mental Disorder" (formerly "Mental disease or defect") means: (a) A developmental or intellectual disability, traumatic brain injury, brain damage or other biological dysfunction that is associated with distress or disability causing symptoms or impairment in at least one important area of the defendant’s or youth’s functioning and is defined in the current Diagnostic and Statistical Manual of Mental Disorders (DSM 5-TR) of the American Psychiatric Association; or (b) Any diagnosis of a psychiatric condition which is a significant behavioral or psychological syndrome or pattern that is associated with distress or disability causing symptoms or impairment in at least one important area of the defendant’s or youth’s functioning and is defined in the Diagnostic and Statistical Manual of Mental Disorders (DSM 5-TR) of the American Psychiatric Association. (c) “Qualifying Mental Disorder" does not include: (A) A diagnosis solely constituting the ingestion of substances (e.g., chemicals or alcohol), including but not limited to transitory, episodic alcohol or drug-induced psychosis; (B) An abnormality manifested solely by repeated criminal or otherwise antisocial conduct; (C) An abnormality constituting a personality disorder; or (D) Constituting solely a conduct disorder for a youth. (26) “Redacted Forensic Evaluation” means a forensic evaluation report for which all identifying information of the client and evaluator has been removed. Specific information that should be redacted includes any information which may specifically identify the defendant or youth, name and discipline of the evaluator, address, phone, fax or logos that may identify the evaluator, qualifications of the evaluator that may identify the evaluator. (27) “Regulated Social Worker” means a baccalaureate social worker registered under ORS 675.532, a master’s social worker licensed under ORS 675.533, a clinical social work associate certified under ORS 675.537 or a clinical social worker licensed under ORS 675.530. (28) “Responsible Except for Insanity” means that a Court has determined that a youth lacks criminal responsibility. (29) “Serious mental condition” means the youth’s mental condition requires supervision and treatment services for the safety of others and is: (a) A mental illness of major depression; (b) A mental illness of bipolar disorder; or (c) A mental illness of psychotic disorder. (30) “Successful completion of training” means: (a) Attendance at the entire Oregon Forensic Evaluator Training Program; and (b) Passing the examination given at the conclusion of the training. (31) “Temporary Certification” means a psychiatrist, licensed psychologist, or LCSW is temporarily certified by the Authority to perform forensic evaluations as permitted under these rules for the duration of 12 months, with a possible extension of an additional three months. Temporary Certification allows the evaluator time to complete their Forensic Evaluator Training and/or to submit their required redacted forensic evaluation reports to the Authority for Full Certification. (32) “Treatment team” means the clinical staff currently providing active psychiatric or psychological treatment to the defendant or youth, including but not limited to an attending psychiatrist, psychiatric mental health nurse practitioner, registered nurse, psychologist, social worker, mental health therapist, or treatment care plan specialist. (33) “Youth” means an individual who is under 18 years of age and who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county, or city; and who is under the exclusive original jurisdiction of the juvenile court. Statutory/Other Authority: ORS 161.392 & 419C.382 Statutes/Other Implemented: ORS 161.290-373, 419C.378-386, 161.392, 419C.411 & 419C.520-529 History: BHS 5-2024, minor correction filed 03/21/2024, effective 03/21/2024 BHS 21-2021, amend filed 11/19/2021, effective 11/19/2021 BHS 14-2021, temporary amend filed 07/22/2021, effective 07/22/2021 through 01/17/2022 BHS 2-2020, amend filed 01/13/2020, effective 01/14/2020 BHS 18-2019, temporary amend filed 08/28/2019, effective 08/30/2019 through 02/24/2020 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 16-2012, f. & cert. ef. 12-26-12 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12 309-090-0010 Forensic Certification Types and Requirements In order to submit an evaluation to the Court regarding a defendant’s or youth’s competency or criminal responsibility, the evaluator must be certified by the Authority under these rules. (1) Applications for Full Certification: (a) A psychiatrist must submit a completed application form, psychiatrist supplement, and nonrefundable $250 application fee and; (A) Have a current license to practice in Oregon; (B) Participate in and successfully complete the Oregon Forensic Evaluator Training; and, if the evaluator desires to perform juvenile forensic evaluations, also successfully complete the specialized juvenile segment of the Oregon Forensic Evaluator Training; and (C) Submit to the Authority for review three redacted forensic evaluation reports completed by the applicant within the previous 24 months. (i) If an applicant desires to perform criminal responsibility forensic evaluations, the applicant must submit at least one redacted criminal responsibility forensic evaluation, if available. (ii) If an applicant desires to perform juvenile forensic evaluations, the applicant must submit at least one redacted forensic evaluation report of a youth, if available. (b) A licensed psychologist must submit a completed application form, psychologist supplement and nonrefundable $250 application fee and: (A) Have a current license to practice in Oregon; (B) Participate in and successfully complete the Oregon Forensic Evaluator Training; and, if the evaluator desires to perform juvenile forensic evaluations, also successfully complete the specialized juvenile segment of the Oregon Forensic Evaluator Training; and (C) Submit to the Authority for review three redacted forensic evaluation reports completed by the applicant within the previous 24 months. (i) If an applicant desires to perform criminal responsibility forensic evaluations, the applicant must submit at least one redacted criminal responsibility forensic evaluation, if available, (ii) If an applicant desires to perform juvenile forensic evaluations, the applicant must submit at least one redacted forensic evaluation report of a youth, if available. (c) A LCSW must submit a completed application form, social worker supplement, and nonrefundable $250 application fee and; (A) Have a current Oregon license as a clinical social worker as defined in ORS 675.530; (B) Participate in and successfully complete the Oregon Forensic Evaluator Training including the specialized juvenile segment; and (C) Submit to the Authority for review three redacted forensic evaluation reports, specifically addressing juvenile competency, completed by the applicant within the previous 24 months. (d) A LCSW is restricted to performing forensic evaluations related to a youth’s fitness to proceed in a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005. (e) Full Certification has a maximum duration of 24 months from certification date. (2) Temporary Certification: (a) OHA may grant Temporary Certification to those applicants who submit their completed applications, supplements, fees and proof of required licenses before the applicants complete their Oregon Forensic Evaluator Training and/or submit all of their redacted forensic evaluation reports. Applicants must attend the next regularly scheduled training date or request an extension which may be granted by the Authority. (b) Evaluators with Temporary Certification, who submit forensic evaluation reports for panel review, are certified to perform forensic evaluations on individuals charged with any offense including: (A) Aggravated murder; (B) Murder; or (C) A crime listed in ORS 137.700(2). (c) If no redacted forensic evaluation reports are available, evaluators may perform forensic evaluations of those charged with crimes, other than offenses listed in subsection (2)(b) of this rule, for the purpose of generating evaluation reports for the Authority to review. (d) Temporary Certification has a maximum duration of 12 months. An extension of an additional three months may be granted by the Authority at its discretion for extenuating circumstances. (3) Supervision Programs. An individual may perform a forensic evaluation where certification would otherwise be required, if: (a) The individual is under the direct supervision and review of a psychiatrist or psychologist who holds a valid Full Certification with no limitations or conditions; (b) The individual participates in and successfully completes the Oregon Forensic Evaluator Training, and if they desire to perform juvenile forensic evaluations, also participates in and successfully completes the specialized juvenile segment of the training; and (c) The individual is a: (A) Psychiatrist enrolled in and in good standing with an Accreditation Council for Graduate Medical Education (ACGME)-Accredited residency training program; (B) Psychologist resident or fellow who has graduated from an APA-Accredited graduate program and an APA-Accredited internship with a clinical-forensic focus; or (C) Doctoral psychology intern enrolled in and in good standing with an American Psychological Association (APA)-Accredited internship program with a clinical-forensic focus. (d) The certified evaluator providing supervision must: (A) Attend each forensic evaluation interview performed by a doctoral psychology intern described in section (3)(c)(C); (B) Attend forensic evaluation interviews performed by a psychiatry resident, psychologist resident, or psychologist fellow, as described in sections (3)(c)(A) and (B) of this rule, until the certified evaluator has determined that the resident or fellow has the requisite knowledge and skill to perform the interviews without the direct attendance of the certified evaluator; (C) Have an Oregon Board of Psychology approved Resident Supervision Contract with the psychologist resident and meet all other requirements described in OAR 858-010-0036, if supervising a psychologist resident described in section (3)(c)(B) of this rule; (D) Provide the Authority with a copy of the Resident Supervision Contract within one month of its approval, if supervising a psychologist resident as described in section (3)(c)(B) of this rule; (E) Ensure that each forensic evaluation report occurring under their supervision is co-signed by the certified evaluator and completed consistent with these rules and applicable statutes; and (F) Ensure that the individual being supervised meets all of the requirements of these rules and applicable statutes. (4) Conditional Certification. An evaluator, who has not been certified by the Authority, may be granted conditional certification by a court in a particular criminal or delinquency case for exigent circumstances, such as but not limited to an out of state expert evaluation being sought or an unusual expertise being required. The evaluator shall provide a copy of the court order granting them conditional certification to the Authority within 14 calendar days of that order. Conditional certification is limited to that specific criminal or delinquency matter and ends at the disposition of that particular case and the conditional certification. Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 161.360-370, 419C.378-386, 419C.411, 161-392 & 419C.520-529 History: BHS 38-2023, amend filed 09/12/2023, effective 09/12/2023 BHS 2-2020, amend filed 01/13/2020, effective 01/14/2020 BHS 18-2019, temporary amend filed 08/28/2019, effective 08/30/2019 through 02/24/2020 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12 309-090-0015 Application Requirements and Process (1) Applications must be submitted to the Authority using a form and in a manner prescribed by the Authority. (2) The application must be accompanied by: (a) Proof of the applicant’s current license permitting them to practice as a psychiatrist, licensed psychologist or LCSW in the State of Oregon. (b) A copy of a current resume or curriculum vitae providing documentation of forensic training and experience. (c) Three redacted forensic evaluation reports of competency or criminal responsibility. If no redacted forensic evaluation reports are available, an applicant may be temporarily certified and may perform evaluations of those charged with crimes other than aggravated murder, murder, or a crime listed in crime listed in ORS 137.700(2) for the purpose of generating reports for the Authority for review; and; (d) A non-refundable application fee of $250.00. (3) After a complete application packet is received the Authority shall: (a) Evaluate the materials to determine whether the applicant is qualified for Full or Temporary Certification; (b) Grant, deny or place conditions on a certification; and (c) Issue a written statement to the applicant of its determination. Statutory/Other Authority: ORS 161.392, 419C.382 & 413.042 Statutes/Other Implemented: ORS 161.295-325, 161.360-370, 419C.378-386, 161.392, 419C.411 & 419C.520-529 History: BHS 2-2020, amend filed 01/13/2020, effective 01/14/2020 BHS 18-2019, temporary amend filed 08/28/2019, effective 08/30/2019 through 02/24/2020 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12 309-090-0020 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. 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 History: BHS 2-2020, amend filed 01/13/2020, effective 01/14/2020 BHS 18-2019, temporary amend filed 08/28/2019, effective 08/30/2019 through 02/24/2020 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12 309-090-0025 Content of Written Evaluations Assessing Competency and Criminal Responsibility (1) At minimum, each forensic evaluation report shall include the following: (a) Identifying information of the defendant or youth ; (b) Description of the forensic examination; (c) Criminal charges; (d) Referral source and the referral question ; (e) Evaluative procedure, techniques and tests used in the examination and the purpose for each; (f) Informed consent and limits of confidentiality; (g) Summary of relevant records reviewed for the evaluation; (h) Background information and relevant history of mental and physical illnesses; (i) Substance use and treatment histories; (j) Medications; (k) Hospital , jail, or community restoration course; (l) Setting where the evaluation interview took place; (m) Summary of a mental status examination; (n) Substantiated diagnosis in the terminology of the American Psychiatric Association's current Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR); (o) Discussion of the possibility of malingering. (2) A fitness to proceed forensic evaluation report also shall: (a) Include, at a minimum, opinions and explanations related to the defendant’s or youth’s: (A) Understanding of their charges, the possible verdicts and the possible penalties; (B) Understanding of the trial participants and the trial process; (C) Ability to assist counsel in preparing and implementing a defense; and (D) Ability to make relevant decisions autonomously. (b) Not include the defendant’s or youth’s statements about the alleged criminal conduct unless necessary to support the evaluator’s finding of competence or incompetence. (3) If the defendant is determined to be incapacitated within the description set out in ORS 161.360, the forensic evaluation report shall include a recommendation of treatment and other services necessary to allow the defendant to gain or regain capacity, including whether a hospital level of care is required due to the acuity of symptoms of the defendant’s qualifying mental disorder. (a) A recommendation that a defendant requires a hospital level of care due to the acuity of symptoms must be based upon: (A) The defendant’s current diagnosis and symptomology; (B) The defendant’s current ability to engage in treatment; (C) Present safety concerns relating to the defendant; and (D) Any other pertinent information known to the evaluator. (b) If the defendant is in a placement in a facility, the evaluator may defer to the treatment provider’s recommendation regarding whether a hospital level of care is needed. (4) A criminal responsibility forensic evaluation report also shall include, at a minimum, opinions and explanations addressing: ( a ) The defendant’s or youth’s account of the alleged offense including thoughts, feelings and behavior; ( b ) Summary of relevant records including police reports , ( c ) An expert opinion regarding the role of substance use in the alleged offense; ( d ) The defendant’s or youth’s mental state at the time of the alleged offense; ( e ) An expert opinion regarding whether the defendant or youth, as a result of qualifying mental disorder lacks criminal responsibility; and (f) The dispositional determination(s) as required by ORS 161.309 and ORS 419C.524 (5) A certified evaluator performing an evaluation of a defendant on the issue of insanity pursuant to ORS 161.309 is not obligated to evaluate the defendant for fitness to proceed unless, during the evaluation, the certified evaluator determines that the defendant’s fitness to proceed is drawn in question. (6) Progress reports described in ORS 161.371(2). (a) Progress reports shall delineate any changes in mental status or clinical functioning related to the defendant’s fitness to proceed that occurred in the period since the most recent prior evaluation report, including, at a minimum, opinions related to the defendant’s fitness to proceed as outlined in section (2)(a) of this rule. (b) If the defendant has not regained capacity, the progress report shall include a recommendation pursuant to section (3) of this rule. (c) Progress reports may consist of an update to: (A) The original examination report conducted under ORS 161.365; or (B) An evaluation conducted under ORS 161.371(1), if the defendant did not receive an examination under ORS 161.365. (d) If the progress report consists of an update as described in sub-section (c) above, the progress report shall identify which prior evaluation report(s) it is relying upon, including the docket number(s), date(s), and author(s) of the previous report(s). (e) Progress reports are not required to include all criteria listed in section (1) of this rule if the evaluator determines that the criterion has been adequately addressed in the prior evaluation report(s) and there is no relevant new or supplemental information to add for that criterion. (f) Progress reports shall not include the defendant’s statements about the alleged criminal conduct unless necessary to support the evaluator’s finding of competence or incompetence. Statutory/Other Authority: ORS 161.392, 413.042, 419C.382, ORS 161.309 & ORS 419C.524 Statutes/Other Implemented: ORS 161.290-373, 161.392, 419C.378-386, 419C.411, 419C.520-529, ORS 161.309 & ORS 419C.524 History: BHS 24-2025, amend filed 10/27/2025, effective 11/02/2025 BHS 14-2025, temporary amend filed 05/07/2025, effective 05/07/2025 through 11/02/2025 BHS 14-2023, amend filed 05/31/2023, effective 06/01/2023 BHS 21-2021, amend filed 11/19/2021, effective 11/19/2021 BHS 14-2021, temporary amend filed 07/22/2021, effective 07/22/2021 through 01/17/2022 BHS 2-2020, amend filed 01/13/2020, effective 01/14/2020 BHS 18-2019, temporary amend filed 08/28/2019, effective 08/30/2019 through 02/24/2020 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 16-2012, f. & cert. ef. 12-26-12 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12 309-090-0030 Forensic Evaluation Review Panel (1) A multi-disciplinary review panel shall be appointed by and serve at the discretion of the Authority to review forensic evaluation reports submitted in support of applications for certification. (2) An individual interested in participating in the Forensic Evaluation Review Panel shall submit a letter of interest and resume to the Authority. (3) Members shall be experienced in the criminal justice system and have familiarity with the issues of competency and criminal responsibility. (4) Members shall serve a two year term and are eligible for reappointment at the discretion of the Authority. Vacancies occurring during a member’s term shall be filled immediately for the remainder of the unexpired term. (5) Members may be reimbursed for the performance of their official duties. Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 419C.378-386, 161.360-370, 419C.411, 161.392 & 419C.520-529 History: BHS 14-2023, amend filed 05/31/2023, effective 06/01/2023 BHS 10-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12 309-090-0035 Forensic Evaluation Review Panel Process (1) Members of the Forensic Evaluation Review Panel shall meet at the discretion of the Authority to review all submitted redacted forensic evaluation reports as the need arises. (2) Redacted forensic evaluation reports shall be reviewed by panel members with different professional backgrounds to determine whether the reports have met the requirements of form and content. (3) Panel members shall issue a report to the Authority with feedback for the certified forensic evaluator. (4) The Review Panel shall participate in the process for reviewing complaints and remediation plans under OAR 309-090-0060 through 309-090-0065 and make recommendations to the Authority if requested. Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 161.360-370, 419C.378-386, 161.392, 419C.411 & 419C.520-529 History: BHS 14-2023, amend filed 05/31/2023, effective 06/01/2023 BHS 11-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12 309-090-0040 Forensic Evaluator Training Program (1) The Authority will establish a course of training for persons desiring the issuance of a certificate. At a minimum the training will include a review of: (a) The Oregon statutes and case law applicable to the issues of competency and criminal responsibility; (b) Testing and techniques related to assessing competency and criminal responsibility; (c) The required contents of a report; (d) The ethical standards and considerations relevant to an evaluation of competency and criminal responsibility; (e) Assessment of risk to others and recommendations for treatment and services. (2) Additional specialized training shall be required for evaluators desiring to perform evaluations on children younger than age 15 and other specialized populations. (3) An examination will be administered at the completion of the initial training. (4) Updates to this training shall be provided every two years and consist of information regarding relevant changes to the law, rules, process for Forensic Evaluator Certification, and relevant advanced topics. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 161.360-370, 419C.378-386, 161.392, 419C.411 & 419C.520-529 History: BHS 12-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12 309-090-0050 Confidentiality Except for the names of certified evaluators, all records provided to the Authority under these rules are confidential and privileged and may not be released or utilized for any purpose outside these rules. Any practitioner who in good faith complies with these rules, including providing sample evaluations for review in order to maintain certification, is not responsible for any failure by another individual or agency to maintain confidentiality, in regard to these rules. Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 419C.378-386, 161.360-370, 161.392, 419C.411 & 419C.520-529 History: BHS 14-2023, amend filed 05/31/2023, effective 06/01/2023 BHS 13-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 309-090-0055 Certification Denial, Suspension, Revocation, Non-Recertification and Complaints Regarding Content of Written Evaluation Reports (1) An applicant may be denied certification, or an evaluator may be denied recertification for reasons including but not limited to: (a) The applicant for initial or recertification attempted to procure a certification through fraud, misrepresentation or deceit; (b) The applicant for initial or recertification submits to the Authority any notice, statement or other document required for certification which is false or untrue, or contains any material misstatement or omission of fact; (c) The applicant for initial or recertification has been convicted of a felony; or (d) The applicant for initial or recertification fails to meet the requirements for receiving certification or recertification. (2) An applicant’s certification may be revoked for any of the following reasons: (a) The evaluator fails to meet any of the applicable requirements of these rules; (b) The applicant loses his or her professional license for any reason; (c) The Authority accepts one or more complaints regarding the content of written reports; the forensic review panel reviews the complaints and determines that the deficiencies in the reports represent a substantial departure from the standards of practice established by these rules. Complaints regarding content are limited to standards set forth in OAR 309-090-0025. (3) The Authority may immediately suspend an evaluator’s certification in the event of a situation in which the Authority determines that immediate action is necessary, such as receipt of a serious complaint which has not yet been fully reviewed by the Authority. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 419C.378 - 386, 161.360-370, 161.392, 419C.411 & 419C.520-529 History: BHS 14-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 309-090-0060 Complaints on Which the Authority Can Act (1) Any complaint regarding the content of forensic evaluation reports must be submitted in a form and manner prescribed by the Authority and it must provide sufficient detail as to why the evaluation report is cause for a complaint. (2) Complaints considered by the Authority must be limited to standards for content of written forensic evaluation reports as set forth in OAR 309-090-0025. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 419C.378 - 386, 161.360-370, 161.392, 419C.411 & 419C.520-529 History: BHS 15-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 309-090-0065 Complaint Processing and Investigation (1) If a complaint is accepted, reviewed by the Authority, and found to warrant consideration by the forensic evaluation review panel, the evaluation report shall be forwarded to the panel for consideration and determination as to whether or not the deficiencies represent a substantial departure from the standards of practice established by these rules. (2) If the Authority determines that there is substantial departure from the standards set forth in OAR 309-090-0025, the Authority in consultation with the forensic evaluation review panel shall provide written notice to the evaluator which may include recommended remediation steps provided by the review panel, denial of certification, or revocation of certification. (3) If a remediation plan is recommended by the review panel, an evaluator shall have 30 days from the date of notice to respond with a written plan for remediation. If the Authority approves the plan, the evaluator shall maintain Temporary Certification status for up to six months at which time the Authority shall l determine whether the issues raised have been adequately addressed. (a) If the issues raised have been adequately addressed, the Authority shall withdraw its notice and grant or restore Full Certification. (b) If the issues have not been adequately addressed, the Authority may proceed with denial or revocation of certification and shall provide notice of the applicant’s right to appeal, pursuant to the provisions of ORS Chapter 183. (4) If certification is denied or revoked and evaluator may request reconsideration by the Director of the Authority by submitting a written request within 15 business days of receiving notice. (5) Individuals making complaints on issues determined to be not covered by these rules may be referred to the appropriate licensing boards. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 161.360-370, 161.392, 419C.378-386, 419C.411 & 419C.520-529 History: BHS 16-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 309-090-0070 Contested Case Hearing If the Authority denies, revokes, non-renews, suspends, or imposes a condition on certification, the Authority shall provide notice of the applicant’s right to a hearing pursuant to the provisions of ORS Chapter 183. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 419C.378 - 386, 161.360-370, 161.392, 419C.411 & 419C.520-529 History: BHS 17-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14