Legislative Overview - Oregon

The Oregon legislation was initiated by mental health organizations apparently in an effort to control unlicensed persons from providing mental health services. The bill applies to anyone who’s work supports "emotional, relationship or attitudinal changes, health, work or spiritual functioning,” with the stated aim to protect the public’s health and safety.

This initial bill is a voluntary registry that requires practitioner disclosures and disciplines practitioners for certain actions.

The state establishes standards and scope of practice.

Currently, this bill is tabled until the 2022 legislative session.

Overview of OR H.2493

The bill directs the Oregon Health Licensing Office to establish and maintain a voluntary, alternative practitioner registry of individuals who provide alternative well-being care.  

Purpose of the Bill

This 2021 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this 2021 Act takes effect on its passage. (pg 10 line 7)

 
 

  • Need for professional disclosure information related to the training and qualification of alternative practitioners 

  • Enables consumers to make informed decisions concerning their choice of practitioner

  • Allows office to impose discipline for certain violations

  • Directs office to provide administrative and regulatory oversight to alternative well-being care programs

  • Imposes civil penalty for violation of registry listing requirements

Modalities Affected

Anyone providing care to an individual or group of individuals for the purpose of addressing personal growth or to alleviate emotional suffering.

 

  • Energy Work

  • Hypnotherapy

  • Life Coaching

  • All philosophically and spiritually based disciplines that “support change in emotional, relationship or attitudinal conflicts or modify behavior that interferes with effective emotional, social, relationship, health, work or spiritual functioning of the individual or group of individuals to whom the alternative therapy or care is provided.”

State Regulations Allowed by the Bill

  • Develop a tutorial and examination of Oregon laws and rules related to mandatory reporting, scope of practice and other matters determined by the office

  • Establish standards of practice for registered alternative practitioners (pg 4, line 34)

Disclosures Required by the Bill

  • A description of practitioner’s professional experience, qualifications and training

  • If not a mental health care provider, statement that practitioner is not a mental health care provider

  • If not a mental health care provider, statement that you are not authorized to diagnose mental disorders

  • Statement that describes unprofessional conduct

  • Statement that specifies how a client may make a complaint regarding the practitioner

  • Acknowledgement and signing professional disclosure statement by practitioner and client

Opposition Reasons

  • The disclosure requirements in this bill are not consistent with the disclosure statement posted for Licensed Professional Counselors and Therapists.  https://www.oregon.gov/oblpct/Pages/PDS.aspx

  • The state claims there is an emergency and danger to the public.

  • The state has not identified the emergency and risk to the public.  According to the National Center for Complementary and Integrative Health, Reiki hasn’t been shown to have any harmful effects and should be exempt. Where is the data? If the bill is an emergency, why is it voluntary?

  • The bill requires registration for practitioners of energy modalities and for the state to establish standards for them. There are more than 200 energy healing modalities