Full Definition

Psychiatrists licensed psychologists, and Licensed Clinical Social Workers must be certified by the Authority to submit evaluation reports to the court for the purpose of criminal responsibility or competency when ordered by the court as required in ORS 161.309, 161.365, 419C.524 through 419C.527 and 419C.378 through 419C.398. 

(1) Applicants must meet the following requirements 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 

(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 evaluations, if available, at least one redacted forensic evaluation report should be an evaluation of criminal responsibility. 

(ii) If an applicant desires to perform juvenile evaluations, the applicant shall participate in and successfully complete the specialized juvenile segment of the Oregon Forensic Evaluator Training, and, if available, at least one redacted forensic evaluation report should be an evaluation of a juvenile. 

(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 

(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 evaluations, if available, at least one redacted forensic evaluation report should be an evaluation of criminal responsibility, 

(ii) If an applicant desires to perform juvenile evaluations, the applicant shall participate in and successfully complete the specialized juvenile segment of the Oregon Forensic Evaluator training and, if available, at least one redacted forensic evaluation report should be an evaluation of a juvenile. 

(c) A Licensed Clinical Social Worker 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 completed by the applicant specifically addressing juvenile competency completed within the previous 24 months. 

(d) A Licensed Clinical Social Worker is restricted from providing forensic evaluations except for evaluations specifically addressing a youth's fitness to proceed in a proceeding initiated by a petition alleging jurisdiction under ORS 119C.005. 

(e) Full Certification has a maximum duration of 24 months from certification date. 

(2) Temporary Certification: 

(a) Applicants who submit applications for Forensic Evaluator Certification shall be granted a Temporary Certification until participation in and successful completion of the Oregon Forensic Evaluator Training and submission of three redacted forensic evaluation reports. If the applicant desires to perform criminal responsibility evaluations, at least one redacted forensic evaluation report must be an evaluation of criminal responsibility. 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 for individuals charged with crimes including: 

(A) Aggravated murder; 

(B) Murder; or 

(C) Ballot Measure 11 Offenses. 

(c) If no redacted forensic evaluation reports are available, evaluators may perform evaluations of those charged with crimes other than aggravated murder, murder or Ballot Measure 11 offenses for the purpose of generating evaluation reports to the Authority for review. 

(d) For Certification purposes, psychiatrists enrolled in an ACGME-Accredited residency training program may participate in evaluations where certification is required under ORS 161.309, 161.365 and 419C.524 only under the direct supervision and review of a psychiatrist or psychologist that has been granted full certification under the provisions of OAR 309-090-0010. 

(e) Temporary certification has a maximum duration of 12 months. An extension of an additional three months may be granted by the Authority for extenuating circumstances. 

(3) Conditional Certification. An evaluator, who has not been certified by the Authority, may be granted conditional certification by the court, if exigent circumstances exist such as an out of state expert evaluation being sought, or an unusual expertise is required. The court will notify the Authority of the granting of a conditional certification. Conditional Certification ends at the disposition of the particular case for which the conditional certification was granted.