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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 681 Hearing and Speech Professionals
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As used in this chapter, unless the context
requires otherwise:
(1) “Approved college or university” means any college or
university offering a full-time resident program of study in
speech-language pathology or audiology leading to a master’s degree or
equivalent, the program having been fully accredited or conditionally
approved by the American Speech-Language-Hearing Association, or its
successor agency, or having been otherwise determined by the State Board
of Examiners for Speech-Language Pathology and Audiology to meet the
association standards as specifically incorporated into board rules.
(2) “Audiologist” means a person who practices audiology and who
uses publicly any title or description of services incorporating the
words “audiologist,” “hearing clinician,” “hearing therapist” or any
similar titles or descriptions of service.
(3) “Conditional license” means a license issued to an applicant
under ORS 681.325.
(4) “Practice audiology” means:
(a) To apply the principles, methods and procedures of measurement,
prediction, evaluation, testing, counseling, consultation and instruction
that relate to the development and disorders of hearing, vestibular
functions and related language and speech disorders to prevent or modify
the disorders or to assist individuals in auditory and related skills for
communication.
(b) To fit or sell hearing aids.
(5) “Practice speech-language pathology” means to apply the
principles, methods and procedures of measurement, prediction,
evaluation, testing, counseling, consultation and instruction that relate
to the development and disorders of speech, voice, swallowing and related
language and hearing disorders to prevent or modify the disorders or to
assist individuals in cognition-language and communication skills.
(6) “Speech-language pathologist” means a person who practices
speech-language pathology and who uses publicly any title or description
of services including but not limited to the words “speech-language
pathologist,” “speech correctionist,” “speech therapist,” “speech
clinician,” “language pathologist,” “language therapist” or any similar
titles or descriptions of services.
(7) “Speech-language pathology assist- ant” means a person who
provides speech-language pathology services under the direction and
supervision of a speech-language pathologist licensed under ORS 681.250.
(8) “Unethical conduct” means:
(a) Obtaining any fee by fraud or misrepresentation.
(b) Employing directly or indirectly any person who is unlicensed
or whose license is suspended to perform any work covered by this chapter.
(c) Using or causing or promoting the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty, label,
brand, insignia, or any other representation, however disseminated or
published, that is misleading, deceiving, improbable or untruthful.
(d) Representing that the services or advice of a person licensed
to practice medicine will be used or made available in the practice of
speech-language pathology or audiology if that is not true, or using the
word “doctor” or “professor” or other like words, abbreviations, or
symbols inaccurately.
(e) Permitting a person other than the license or conditional
license holder to use the license or conditional license.
(f) Violating the ethical standards of practice adopted by the
board under ORS 681.420. [Formerly 694.305; 1985 c.64 §3; 1989 c.224
§133; 1989 c.491 §67; 1995 c.280 §1; 2001 c.626 §1; 2005 c.698 §1] It is declared to be a policy of this state that it
is necessary to provide regulatory authority over persons offering
speech-language pathology and audiology services to the public in order
to:
(1) Safeguard the public health, safety and welfare;
(2) Protect the public from being misled by incompetent,
unscrupulous and unauthorized persons;
(3) Protect the public from unprofessional conduct by qualified
speech-language pathologists and audiologists; and
(4) Help ensure the availability of the highest possible quality
speech-language pathology and audiology services to the communicatively
disabled people of this state. [Formerly 694.315; 1989 c.224 §134; 1995
c.280 §2; 2005 c.698 §2] (1) Nothing in this chapter
is intended to prevent a person licensed in this state under any other
law from engaging in the profession for which the person is licensed.
(2) Nothing in this chapter is intended to restrict or prevent a
person from engaging in speech-language pathology or audiology activities
or from using the official title of the position for which the person is
employed if the person:
(a)(A) Holds a valid and current teaching license with a
communications disorder endorsement issued by the Teacher Standards and
Practices Commission; and
(B) Is employed by an education service district, a school district
or a charter school; or
(b) Is a speech-language pathologist or audiologist who is:
(A) Employed by a federal agency; or
(B) Employed by an approved college or university.
(3) A person who performs activities described in subsection (2) of
this section who is not licensed under this chapter must do so solely
within the confines of or under the jurisdiction of the organization in
which the person is employed and may not offer to render speech-language
pathology or audiology services to the public for compensation over and
above the salary the person receives for performance of the person’s
official duties with organizations in which the person is employed.
However, without obtaining a license under this chapter, a person may
consult or disseminate the person’s research findings and scientific
information to other accredited academic institutions or governmental
agencies. The person also may offer lectures to the public for a fee,
monetary or otherwise, without being licensed under this chapter.
(4) Nothing in this chapter is intended to restrict activities and
services of a student of speech-language pathology from pursuing a course
of study in speech-language pathology at an approved college or
university or an approved clinical training facility. However, these
activities and services must constitute a part of the supervised course
of study of the student and a fee may not accrue directly or indirectly
to the student. A student shall be designated by a title such as
“Speech-Language Pathology Intern,” “Speech-Language Pathology Trainee”
or other title clearly indicating the training status appropriate to the
level of training of the student.
(5) Nothing in this chapter is intended to restrict the activities
and services of a student of audiology from pursuing a course of study in
audiology at an approved college or university or an approved clinical
training facility. However, these activities and services must constitute
a part of the supervised course of study of the student and a fee may not
accrue directly or indirectly to the student. The student shall be
designated by a title such as “Audiology Intern,” “Audiology Trainee” or
other title clearly indicating the training status appropriate to the
level of training of the student.
(6) Nothing in this chapter is intended to restrict any person
holding a Class A certificate issued by the Conference of Executives of
American Schools of the Deaf from performing the functions for which the
person qualifies.
(7) Nothing in this chapter is intended to restrict any person
holding a license in this state as a hearing aid specialist from
consulting with respect to the selling of hearing aids under ORS chapter
694.
(8) Nothing in this chapter is intended to exempt an audiologist
from licensure under ORS 694.025.
(9) Notwithstanding subsections (4) and (5) of this section, the
State Board of Examiners for Speech-Language Pathology and Audiology may
adopt rules authorizing payment of a stipend to students of
speech-language pathology and students of audiology who are pursuing a
course of study at an approved college or university or an approved
clinical training facility. [Formerly 694.325; 1989 c.491 §67a; 1995
c.280 §3; 2003 c.547 §88; 2005 c.698 §3]LICENSING(Speech-Language Pathologist or Audiologist)(1) A license shall be issued to qualified persons either in
speech-language pathology or audiology. A person may be licensed in both
areas if the person meets the respective qualifications and in such
instances the license fee shall be as though for one license.
(2) No person shall practice speech-language pathology or audiology
or purport to be a speech-language pathologist or audiologist in this
state unless the person is licensed in accordance with the provisions of
this chapter. [Formerly 694.335; 1987 c.158 §142; 1995 c.280 §4](1) An applicant is eligible for licensing by the State
Board of Examiners for Speech-Language Pathology and Audiology as a
speech-language pathologist if the applicant:
(a) Possesses at least a master’s degree or equivalent in the area
of speech-language pathology from an approved college or university.
(b) Submits transcripts from one or more approved colleges or
universities presenting evidence of the completion of at least 60
semester hours constituting a well-integrated program that includes at
least 18 semester hours in courses that provide fundamental information
applicable to normal development and use of speech, hearing and language,
and at least 42 semester hours in courses that provide information about
and training in the management of speech, hearing and language disorders
and that provide information supplementary to these fields.
(c) Submits evidence of the completion of a minimum of 275 clock
hours of supervised, direct clinical experience with individuals
presenting a variety of disorders of communication. The experience must
be obtained within the training institution or in one of its cooperating
programs.
(d) Presents written evidence from a licensed or certified
speech-language pathologist supervisor of nine months of full-time
post-educational professional employment, or its part-time equivalent,
that is pertinent to the speech-language pathologist license. For
purposes of this paragraph, “full-time” means at least nine months in a
calendar year and a minimum of 30 hours per week, and “part-time
equivalent” means:
(A) 15 to 19 hours per week during a period of at least 72 weeks.
(B) 20 to 24 hours per week during a period of at least 60 weeks.
(C) 25 to 29 hours per week during a period of at least 48 weeks.
(e) Passes an examination approved by the board. The board shall
determine the subject and scope of the examinations. Written examinations
may be supplemented by oral examinations as the board determines. An
applicant who fails the examination may be reexamined at a subsequent
examination.
(2) Of the 42 semester hours required under subsection (1)(b) of
this section:
(a) No fewer than six semester hours may be in audiology;
(b) No more than six semester hours may be in courses that provide
academic credit for clinical practice;
(c) At least 24 semester hours, not including credit for thesis or
dissertation, must be in courses in the field for which the license is
requested; and
(d) At least 30 semester hours must be in courses acceptable toward
a graduate degree by the college or university in which those courses are
taken. [Formerly 694.345; 1985 c.64 §5; 1989 c.491 §67b; 1995 c.280 §5;
2005 c.698 §4] (1) An
applicant is eligible for licensing by the State Board of Examiners for
Speech-Language Pathology and Audiology as an audiologist if the
applicant:
(a) Possesses a Doctor of Audiology degree from an educational
institution accredited by a body recognized by the United States
Department of Education and submits transcripts from the educational
institution that awarded the Doctor of Audiology degree to the applicant;
or
(b) Possesses a master’s degree or equivalent in the area of
audiology from an approved college or university and submits all of the
following to the board:
(A) Transcripts from one or more approved colleges or universities
presenting evidence of the completion of at least 60 semester hours
constituting a well-integrated program that includes at least 18 semester
hours in courses that provide fundamental information applicable to
normal development and use of speech, hearing and language, and at least
42 semester hours in courses that provide information about and training
in the management of speech, hearing and language disorders and that
provide information supplementary to those fields.
(B) Evidence of the completion of a minimum of 275 clock hours of
supervised, direct clinical experience with individuals presenting a
variety of disorders of communication. The experience must be obtained
within the training institution or in one of its cooperating programs.
(C) Written evidence from a licensed or certified audiologist
supervisor of nine months of full-time post-educational professional
employment, or its part-time equivalent, that is pertinent to an
audiology license. For purposes of this subparagraph, “full-time” means
at least nine months in a calendar year and a minimum of 30 hours per
week, and “part-time equivalent” means:
(i) 15 to 19 hours per week during a period of at least 72 weeks.
(ii) 20 to 24 hours per week during a period of at least 60 weeks.
(iii) 25 to 29 hours per week during a period of at least 48 weeks.
(2) Of the 42 semester hours required under subsection (1)(b) of
this section:
(a) No fewer than six semester hours may be in speech-language
pathology;
(b) No more than six semester hours may be in courses that provide
academic credit for clinical practice;
(c) At least 24 semester hours, not including credit for thesis or
dissertation, must be in courses in the field for which the license is
requested; and
(d) At least 30 semester hours must be in courses acceptable toward
a graduate degree by the college or university in which those courses are
taken.
(3) In addition to meeting the requirements under subsection (1) of
this section, an applicant must pass an examination approved by the
board. The board shall determine the subject and scope of the
examinations. Written examinations may be supplemented by oral
examinations as the board determines. An applicant who fails the
examination may be reexamined at a subsequent examination. [2005 c.698 §6]Note: 681.264 was added to and made a part of ORS chapter 681 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) A
person desiring to obtain a license or conditional license from the State
Board of Examiners for Speech-Language Pathology and Audiology shall make
application to the board.
(2) The application shall be made upon a form and in the manner
prescribed by the board.
(3) The application required by this section shall be accompanied
by a nonrefundable application fee established by the board. [Formerly
694.355; 1995 c.280 §6; 2005 c.698 §7]
(1) A speech-language pathologist who holds a Certificate of Clinical
Competence from the American Speech-Language Hearing Association and who
has made application to the State Board of Examiners for Speech-Language
Pathology and Audiology for a license in this state may perform
activities and services of a speech-language pathologist without a valid
license pending disposition of the application.
(2) An audiologist who is certified by the American Board of
Audiology or who holds a Certificate of Clinical Competence from the
American Speech-Language Hearing Association and who has made application
to the State Board of Examiners for Speech-Language Pathology and
Audiology for a license in this state may perform activities and services
of an audiologist without a valid license pending disposition of the
application. [Formerly 694.365; 1995 c.280 §9; 2005 c.698 §8] (1) The State Board of Examiners
for Speech-Language Pathology and Audiology may examine by written or
oral examination, or by both. Standards for acceptable performance shall
be determined by the board. The board may examine or direct the applicant
to be examined for knowledge in whatever theoretical or applied fields in
speech-language pathology or audiology it considers appropriate. The
board may also examine the candidate with regard to the professional
skills and judgment of the candidate in the utilization of
speech-language pathology or audiology techniques and methods.
(2) The board may waive the written examination if the applicant
has successfully passed the Educational Testing Service Praxis II
Specialty Area Examination in speech-language pathology or audiology.
(3) The board shall grade the examination or direct it to be
graded. Examination papers shall be retained by the board for at least
one year. [Formerly 694.375; 1995 c.280 §10] The
State Board of Examiners for Speech-Language Pathology and Audiology may
waive the examination described in ORS 681.290 and grant a license to:
(1) An applicant who presents proof of a current license in a state
that has standards equivalent to the standards of this state.
(2) An applicant who holds the Certificate of Clinical Competence
of the American Speech-Language-Hearing Association in the area for which
the person is applying for a license.
(3) An audiology applicant who is certified by the American Board
of Audiology. [Formerly 694.385; 1985 c.754 §1; 1995 c.280 §11; 2005
c.698 §9](1) On or before January 30 of each even-numbered year, each
licensed speech-language pathologist or audiologist shall submit to the
State Board of Examiners for Speech-Language Pathology and Audiology an
application for renewal of license and pay the renewal fee established by
the board. The application shall include the following:
(a) Evidence of participation in professional development.
Participation in professional development includes continuing education
or other demonstrations of professional development that the board may
recognize by rule.
(b) Evidence of compliance with all other requirements established
by the board.
(2) A person who applies for renewal and whose license has expired
may not be required to submit to any examination as a condition to
renewal if the renewal application is made within four years from the
date of expiration of the license.
(3) A suspended license is subject to expiration and must be
renewed as provided in this section, but renewal does not entitle the
licensee while the license remains suspended to engage in the licensed
activity, or in any other activity or conduct that violates the order or
judgment by which the license was suspended.
(4) A license revoked on disciplinary grounds is subject to
expiration and may not be renewed. If the license is reinstated after its
expiration, the licensee, as a condition of reinstatement, shall pay a
reinstatement fee in an amount equal to the renewal fee in effect on the
last preceding regular renewal date before the date on which it is
reinstated, plus a delinquency fee, if any, accrued at the time of
revocation of the license.
(5) A person who fails to renew a license within the four years
after its expiration may not renew the license. The license may not be
restored, reissued or reinstated thereafter, but the person may reapply
for and obtain a new license if the person meets the requirements of this
chapter and rules adopted by the board. [Formerly 694.405; 1993 c.472 §1;
1995 c.147 §1; 1995 c.280 §12a; 2005 c.698 §10](1) A conditional license permits an individual to practice
speech-language pathology or audiology while the person completes the
licensing requirements of this chapter.
(2) The State Board of Examiners for Speech-Language Pathology and
Audiology may issue a conditional license to practice speech-language
pathology or audiology to an applicant who:
(a) Except for the examination and supervised post-graduate
professional practice in speech-language pathology or audiology, meets
the license requirements under ORS 681.260 or 681.264; and
(b) Demonstrates to the satisfaction of the board that for the term
of the conditional license the applicant will practice speech-language
pathology or audiology only under the supervision of a speech-language
pathologist or audiologist under this chapter.
(3) A conditional license expires on the first anniversary of its
effective date.
(4) The board may renew the conditional license for one additional
one-year term if the holder:
(a) Continues to meet the requirements of subsection (2) of this
section;
(b) Submits a conditional license renewal application to the board
on the form that the board requires; and
(c) Pays to the board a conditional license renewal fee established
by the board. [1995 c.280 §8; 2005 c.698 §11]Note: 681.325 was added to and made a part of ORS chapter 681 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. The
rules and regulations of ethical standards of practice adopted pursuant
to ORS 681.420 (5) shall govern the conduct of all persons who hold a
license or conditional license to practice speech-language pathology or
audiology or a certificate to perform the duties of a speech-language
pathology assistant. [Formerly 694.415; 1995 c.280 §13; 2001 c.626 §2](1) The State Board of
Examiners for Speech-Language Pathology and Audiology may, by rule,
impose fees for the following:
(a) License fee and renewal thereof.
(b) Delinquency fee.
(c) Application fee.
(d) Inactive license fee.
(e) Conditional license fee and renewal thereof.
(2) Every person to whom a license is issued shall, as a condition
precedent to its issuance, and in addition to any application,
examination or other fee, pay the prescribed initial license fee. The
board may, by rule, provide for waiver of such fee where the license is
issued less than 45 days before the date on which it will expire.
(3) Fees established by the board under subsection (1) of this
section shall be in accordance with ORS 291.050 to 291.060.
(4) The fees collected by the board are exclusive and a
municipality may not require any person licensed under the provisions of
this chapter to furnish any bond or pass any examination. [Formerly
694.425; 1987 c.43 §4; 1993 c.472 §2; 1995 c.147 §2; 1995 c.280 §14; 2005
c.698 §12](1) The State Board of Examiners for
Speech-Language Pathology and Audiology may refuse to issue or renew any
license or conditional license, may suspend or revoke any license or
conditional license, may reprimand any licensee or conditional licensee
or may place any licensee or conditional licensee on probation if the
applicant, licensee or conditional licensee has:
(a) Obtained or attempted to obtain a license or conditional
license by means of fraud, misrepresentation, or concealment of material
facts.
(b) Violated any ethical standards of practice established under
ORS 681.420.
(c) Violated any lawful order or rule of the board.
(d) Violated any provisions of this chapter.
(e) Been disciplined by a professional licensing board in another
state or in this state.
(2) An applicant, a licensee or a conditional licensee is entitled
to an opportunity for a hearing that complies with all applicable
requirements of ORS chapter 183 before the board takes final action under
subsection (1) of this section.
(3) A person whose license has been revoked or whose application
for a license has been denied may apply for reinstatement or licensure
only under conditions, if any, set forth in the board’s final order of
revocation or denial of license.
(4) In disciplining a licensee or a conditional licensee, the board
may impose any disciplinary action the board finds proper, including
assessment of costs of the disciplinary proceedings as a civil penalty.
[Formerly 694.435; 1985 c.64 §6; 1993 c.14 §26; 1995 c.280 §15; 2005
c.698 §13](Speech-Language Pathology Assistant)(1) A person may not perform the duties of a
speech-language pathology assistant or use the title speech-language
pathology assistant without a certificate to do so issued under this
section.
(2) To obtain a certificate to perform the duties of a
speech-language pathology assistant, a person shall:
(a) Submit an application in the form prescribed by the State Board
of Examiners for Speech-Language Pathology and Audiology;
(b) Pay the certificate fee established by the board;
(c) Demonstrate that the person meets the qualifications for
certification established by the board; and
(d) Comply with all other requirements for certification
established by the board.
(3) A certificate issued under this section expires every two
years. To renew a certificate to perform the duties of a speech-language
pathology assistant, a person shall:
(a) Submit the renewal application in the form prescribed by the
board;
(b) Pay the renewal fee established by the board; and
(c) Comply with all other requirements for certificate renewal
established by the board, including but not limited to submission of
evidence of participation in professional development activities.
(4) A person may not employ or otherwise use the services of a
speech-language pathology assistant unless the speech-language pathology
assistant is certified under this section.
(5) The board may establish by rule criteria under which a person
not licensed under this chapter who holds a basic or standard teaching
license in speech impaired or an initial or continuing teaching license
in communication disorders issued by the Teaching Standards and Practices
Commission may supervise a speech-language pathology assistant working in
a school.
(6) The board may refuse to issue a certificate, or may suspend or
revoke the certificate, of any certified speech-language pathology
assistant pursuant to the provisions of ORS 681.350. [2001 c.626 §4; 2005
c.698 §14]
The State Board of Examiners for Speech-Language Pathology and Audiology
may grant a certificate to perform the duties of a speech-language
pathology assistant to applicants who present proof of a current
certificate of speech-language pathology assistant in a state or
territory that has standards equivalent to those of this state. [2001
c.626 §5]A speech-language pathologist who
employs or otherwise uses the services of a speech-language pathology
assistant shall:
(1) Be responsible for the extent, type and quality of services
provided by each speech-language pathology assistant supervised by the
speech-language pathologist;
(2) Ensure that persons who receive services from a speech-language
pathology assistant receive prior notification that services are to be
provided by a speech-language pathology assistant; and
(3) Verify that the speech-language pathology assistant is
certified under ORS 681.360. [2001 c.626 §7] The
State Board of Examiners for Speech-Language Pathology and Audiology
shall adopt rules to define the role of speech-language pathology
assistants, including but not limited to:
(1) The responsibilities of speech-language pathologists for the
supervision and instruction of speech-language pathology assistants,
including the frequency, duration and documentation of direct, on-site
supervision and the quantity and content of instruction.
(2) The ratio of speech-language pathology assistants to
speech-language pathologists.
(3) The scope of duties and restrictions on responsibilities of
speech-language pathology assistants.
(4) The qualifications that must be met before a speech-language
pathology assistant may be certified.
(5) Clarification of the differences between the scope of duties of
speech-language pathology assistants and of educational assistants as
described in ORS 681.360 (5). [2001 c.626 §8; 2005 c.698 §15]STATE BOARD(1) There is established a State Board of
Examiners for Speech-Language Pathology and Audiology consisting of seven
members appointed by the Governor.
(2) The term of office of each member is three years, but a member
serves at the pleasure of the Governor. Before the expiration of the term
of a member, the Governor shall appoint a successor whose term begins on
July 1 next following. A member is eligible for reappointment. If there
is a vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term. [Formerly 694.445;
1985 c.64 §7; 1995 c.280 §16; 2005 c.698 §16] (1)
Of the membership of the State Board of Examiners for Speech-Language
Pathology and Audiology:
(a) All members must be residents of this state.
(b) Two members must be audiologists licensed under this chapter.
(c) Two members must be speech-language pathologists licensed under
this chapter.
(d) One member must be a person licensed to practice medicine who
also holds board certification from the American Board of Otolaryngology.
(e) Two members must be public members who do not possess the
qualifications of any member described in paragraphs (b) to (d) of this
subsection.
(2) A member of the board shall receive compensation and expenses
as provided in ORS 292.495. [Formerly 694.455; 1985 c.64 §8; 1995 c.280
§17; 2005 c.698 §17] The State Board of Examiners for
Speech-Language Pathology and Audiology shall:
(1) Administer, coordinate and enforce the provisions of this
chapter;
(2) Evaluate the qualifications of applicants for any license as
issued under this chapter and supervise the examination of such
applicants;
(3) Investigate persons engaging in practices which violate the
provisions of this chapter;
(4) Conduct hearings and keep records and minutes as the board
deems necessary to an orderly dispatch of business;
(5) Adopt rules and regulations, including but not limited to
governing ethical standards of practice under this chapter; and
(6) Adopt a seal by which the board shall authenticate its
proceedings. Copies of the proceedings, records and acts of the board,
signed by the executive director or chairperson of the board and stamped
with the seal, shall be prima facie evidence of the truth of such
documents. [Formerly 694.465; 1995 c.280 §18; 2005 c.698 §18] (1) The State Board of
Examiners for Speech-Language Pathology and Audiology shall select one of
its members as chairperson and another as vice chairperson, for such
terms and with duties and powers necessary for the performance of the
functions of such offices as the board determines.
(2) A majority of the members of the board constitutes a quorum for
the transaction of business.
(3) The State Board of Examiners for Speech-Language Pathology and
Audiology shall meet at least once every year at a place, day and hour
determined by the board. The board also shall meet at other times and
places specified by the call of the chairperson or of a majority of the
members of the board. [Formerly 694.475; 1995 c.280 §19] All meetings
of the State Board of Examiners for Speech-Language Pathology and
Audiology for the consideration of and action on matters coming before
the board are open to the public, except:
(1) Matters involving the management of internal affairs of the
board and its staff may be considered and acted upon by the board in
executive meetings under rules prescribed by the board.
(2) Sessions to prepare, approve, grade or administer examinations.
(3) Upon request of a person who has failed the licensing
examination and is appearing to appeal the failing grade.
(4) An investigation into licensee or applicant conduct or as part
of a contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct to the extent made confidential
by ORS 676.175. [Formerly 694.485; 1985 c.565 §93; 1995 c.280 §20; 1997
c.791 §32] (1) Subject to applicable provisions of
the State Personnel Relations Law, the State Board of Examiners for
Speech-Language Pathology and Audiology may appoint an executive director
and prescribe the duties and fix the compensation of the executive
director.
(2) The executive director shall keep all records of the board and
discharge any other duties that the board may prescribe.
(3) The executive director may, within guidelines established by
the Oregon Department of Administrative Services, hire employees and
enter into contracts for specific services necessary to carry out the
administration of this chapter. [Formerly 694.495; 1995 c.280 §21; 2005
c.698 §19] In accordance with applicable provisions of ORS
chapter 183, the State Board of Examiners for Speech-Language Pathology
and Audiology may make reasonable rules to carry out the functions vested
in the board under ORS 681.420. [Formerly 694.505; 1995 c.280 §22]The State Board of Examiners
for Speech-Language Pathology and Audiology Account is established in the
State Treasury, separate and distinct from the General Fund. All moneys
received by the State Board of Examiners for Speech-Language Pathology
and Audiology under this chapter shall be deposited into the account and
are continuously appropriated to the board for the administration and
enforcement of this chapter. Any interest or other income from moneys in
the account shall be credited to the account. [Formerly 694.525; 2003
c.14 §432; 2005 c.698 §20; 2005 c.726 §18a]ENFORCEMENT(1) The State Board of Examiners
for Speech-Language Pathology and Audiology:
(a) May, upon its own motion, investigate any alleged violation of
this chapter.
(b) Shall, upon the complaint of any resident of this state,
investigate any alleged violation of this chapter.
(2) In the conduct of investigations, the board may:
(a) Take evidence;
(b) Take the depositions of witnesses, including the person
charged, in the manner provided by law in civil cases;
(c) Compel the appearance of witnesses, including the person
charged, before the board in person the same as in civil cases;
(d) Require answers to interrogatories; and
(e) Compel the production of books, papers, accounts, documents and
testimony pertaining to the matter under investigation.
(3) In exercising its authority under subsection (2) of this
section, the board may issue subpoenas over the signature of the board
chairperson and the seal of the board in the name of the State of Oregon.
(4) The board may bring a cause of action for injunction or other
appropriate remedy to enforce any provision of this chapter.
(5) In addition to or in lieu of any other sanction permitted under
this chapter, the board may impose a civil penalty of up to $5,000 for
each violation of the provisions of this chapter or rules adopted by the
board under this chapter. A civil penalty imposed under this section
shall be imposed in the manner provided in ORS 183.745. [1989 c.843 §4;
1995 c.280 §24; 2005 c.698 §21] Upon receipt of a
complaint under this chapter, the State Board of Examiners for
Speech-Language Pathology and Audiology shall conduct an investigation as
described under ORS 676.165. [1997 c.791 §31]
(1) Any licensee of the State Board of Examiners for Speech-Language
Pathology and Audiology shall, and any other person may, report to the
board any suspected violation of this chapter.
(2) A person who has made a complaint as to the conduct of an
applicant, licensee or conditional licensee of the board or who has given
information or testimony relative to a proposed or pending proceeding for
misconduct against the applicant, licensee or conditional licensee of the
board is not answerable for any such act in any proceeding except for
perjury. [1985 c.64 §11; 1995 c.280 §25; 2005 c.698 §22]MISCELLANEOUS A licensed audiologist
may not deal in hearing aids, as that term is defined in ORS 694.015,
unless the audiologist is licensed in accordance with ORS 694.085. [1985
c.64 §10; 2005 c.698 §23]PENALTY
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