OAR 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.