For PROFESSIONAL DISCLOSURE STATEMENTS used by
Licensed Professional Counselors, Licensed Marriage & Family Therapists and Registered Interns
PROFESSIONAL DISCLOSURE STATEMENT (PDS)
What is it?
The PDS is a written document that an LPC, LMFT, or registered intern gives to clients to tell the client information about the licensee/intern and his/her practice.
Who must have them?
- Every applicant for licensure must submit a PDS as a condition of licensure.
- Every LPC, LMFT, and intern practicing in Oregon [see definition below] must have, maintain and distribute a PDS.
- The Board must approve and file a copy of all PDSs being used by licensees/interns.
What is considered "practicing"?
Practicing means to perform any of the activities listed in the law [ORS 675.705(6) & (7)]; including identifying or assessing and treating behavioral conditions, applying theories and techniques, researching, reporting, and consulting.
Who doesn’t need to use a PDS?
Licensees, who are not practicing -- meaning those who have no clients (are retired, in another field, teaching or administration) and who have notified the Board in writing that they are not practicing, do not need a PDS.
Is it possible to get a PDS waiver?
Licensees or interns who submit written requests may receive written exemptions from specific requirements, such as listing address or fee schedules, or distribution. Before granting a waiver, the Board must be convinced there is good cause for the exemption, e.g. personal safety issues.
CONTENTS OF A PDS
ORS 675.755 and OAR 833-050-0020 require the PDS to include:
Format standards: Must be typed or type-set, on paper no smaller than 8 1/2 by 11 inches, in type no smaller than 12 point.
PDS DISTRIBUTION
- To the Board office for approval and filing.
- To all clients at the onset of counseling or therapy in Oregon -- prior to the actual performance or provision of service. This may mean presentation to parent, legal guardian, or an agency or custodial institution, or a supervisee. The one exception to date -- clients receiving crisis care.
BOARD APPROVAL OF A PDS
By law, whenever a licensee or intern makes (or must make) a change in the professional disclosure statement, a complete copy of the new, corrected, or updated PDS shall be presented to the Board office for approval and filing. The Board will notify the licensee/intern within 10 to 15 days if the PDS cannot be approved. Updated PDSs must be sent to the Board within 30 days of the change.
What types of changes require an update?
- Adding other places of practice,
- Address or phone number changes,
- Supervisor changes,
- Fee changes, and
- Whenever there is a change in the text (possible exceptions: correcting spelling, correcting punctuation, changing margins or line spacing, or deciding to use a different type face).
What if updates are not made & sent to the Board for approval?
- At renewal time, it could cause delay or expiration of the license or intern registration. The Board cannot issue a license if the licensee or intern has filed an incomplete, false, or misleading PDS or has indicated a change in practice information but has not filed an update.
- It is a violation of law and rules, so a sanction like suspension of license or civil penalty could take place.
MORE QUESTIONS & ANSWERS
Q: I’m not in private practice, so I don’t need to hand out disclosure statements, right?
A: Wrong. If you are licensed and you are practicing, it’s a condition of licensure.
Q: I’m also licensed as an LCSW, psychologist, etc... and I practice under that license, do I need to be handing out PDSs?
A: Yes, if what you do falls within the definition of "professional counseling" or "marriage & family therapy".
Q: I’m living and practicing in another state, do I have to file a PDS and hand them out?
A: No. You must still notify the Board of your practice, but a PDS is no longer required.
Q: I work for an agency and my boss won’t let me hand out my PDS. What can I do?
A: Convince your boss that you are required, as a licensee or intern, to hand out a PDS. Send the Board a waiver request for a suggested format, content, or distribution requirement, or work with your agency to find a format that is acceptable to all (the agency, you, and the Board).
Q: Do I address the PDS to the Board?
A: No. These should be written for or to your client. Keep them simple and easy to understand.
Q: I have more than one practice, should I have more than one PDS?
A: No, they can be combined so both addresses, phone numbers, and fee schedules or differing information show on the one PDS. If your practices are separate or an employer objects to clients receiving information on your other practice, then you might want to consider separate PDSs.
Q: It’s only a small change; can’t you just fix the one already on file?
A: No. We can’t alter your document, besides by sending in a new one, it shows the Board you’ve complied with the regulations.
Q: Should I have them printed before I send it for approval?
A: It might be better to start with photocopies and wait to see that no changes are required for approval.
Rev. July 2008
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