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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 694 Hearing Aid Specialists
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As used in ORS
694.015 to 694.185, unless the context requires otherwise:
(1) “Council” means the Advisory Council on Hearing Aids, created
within the Oregon Health Licensing Agency.
(2) “Dealing in hearing aids” means the sale, lease or rental or
attempted sale, lease or rental of hearing aids in conjunction with the
evaluation or measurement of the powers or range of human hearing and the
recommendation, selection or adaptation of hearing aids.
(3) “Hearing aid” means any prosthetic instrument or device
designed for or represented as aiding, improving or correcting defective
human hearing and any parts, attachments or accessories of such an
instrument or device. A hearing aid is not intended to include any device
which is surgically implanted or otherwise medically inserted by a
physician licensed by ORS chapter 677 for the purpose of treating or
correcting a hearing impairment. [1959 c.634 §1; 1967 c.631 §1; 1971
c.650 §28; 1985 c.227 §3; 1999 c.885 §43; 2005 c.648 §87]
No person,
including an audiologist or a physician, shall deal in hearing aids or
display a sign or in any other way advertise or represent that the person
deals in hearing aids unless the person holds a valid license issued by
the Oregon Health Licensing Agency as provided in ORS 694.015 to 694.185.
[1959 c.634 §2; 1967 c.631 §2; 1971 c.650 §29; 1985 c.227 §4; 2005 c.648
§88]It shall be unlawful for any person holding a temporary license
under ORS 694.095 to make or attempt to sell a hearing aid to a person
unless the temporary licensee has successfully passed the qualifying
examination or the supervising licensee has certified to the Oregon
Health Licensing Agency that the temporary licensee has received adequate
training. [1985 c.227 §20; 1993 c.133 §1; 2005 c.648 §89](1) It shall be unlawful for any person
to offer for sale or sell a hearing aid in this state by direct mail.
(2) Any offer for sale or sale of a hearing aid in this state must
include the availability of fitting the hearing aid in this state prior
to the sale.
(3) Nothing in this section is intended to prohibit advertising by
mail or delivery of a hearing aid by mail if the fitting and sale were
completed in this state. [1989 c.858 §2](1) Prior to consummation of the sale of a hearing aid, a
person dealing in hearing aids shall deliver to the prospective purchaser
a written statement, signed by the person dealing in hearing aids. The
statement shall be on a form prescribed by the Oregon Health Licensing
Agency that shall include but not be limited to all of the following:
(a) The name and address of the prospective purchaser.
(b) The date of the sale.
(c) Specifications as to the make, serial number and model number
of the hearing aid or aids sold.
(d) The address or principal place of business of the person
dealing in hearing aids.
(e) A statement to the effect that the aid or aids delivered to the
purchaser are used or reconditioned, as the case may be, if that is the
fact.
(f) The number of the license of the person dealing in hearing aids.
(g) The terms of any guarantee or expressed warranty, if any, made
to the purchaser with respect to such hearing aid or hearing aids,
including that provided in ORS 646.482 to 646.498 and 694.042.
(h) The address of the agency and the procedure for making a
complaint under ORS 694.015 to 694.185.
(i) In no smaller type than the largest used in the body copy
portion, the following bordered statement:
___________________________________________________________________________
___
It is desirable that a person seeking help with a hearing problem
(especially for the first time) consult an ear doctor and obtain a
clinical hearing evaluation. Although hearing aids are often recommended
for hearing problems, another form of treatment may be necessary.
___________________________________________________________________________
___
(j) The signature of the prospective purchaser indicating that the
prospective purchaser has read and understands the information contained
in the statement.
(2) A duplicate copy of the statement required under subsection (1)
of this section shall be kept for one year by the person selling the
hearing aid. The statement shall be made available to the agency upon
request. [1975 c.673 §2 (enacted in lieu of 694.035); 1985 c.227 §5; 1999
c.81 §2; 1999 c.885 §44; 2005 c.648 §90](1) In addition to any other rights and
remedies the purchaser may have, including rights under ORS 646.482 to
646.498, the purchaser of a hearing aid shall have the right to rescind
the transaction if:
(a) The purchaser for whatever reason consults a licensed medical
physician specializing in diseases of the ear, or an audiologist not
licensed under this chapter and not affiliated with anyone licensed under
this chapter and licensed medical physician, subsequent to purchasing the
hearing aid, and the licensed physician advises such purchaser against
purchasing or using a hearing aid and in writing specifies the medical
reason for the advice;
(b) The seller, in dealings with the purchaser, failed to adhere to
the practice standards listed in ORS 694.142, or failed to provide the
statement required by ORS 694.036;
(c) The fitting of the hearing instrument failed to meet current
industry standards; or
(d) The licensee fails to meet any standard of conduct prescribed
in the law or rules regulating fitting and dispensing of hearing aids and
this failure affects in any way the transaction which the purchaser seeks
to rescind.
(2) The purchaser of a hearing aid shall have the right to rescind
the transaction, for other than the seller’s breach, as provided in
subsection (1)(a), (b), (c) or (d) of this section only if the purchaser
returns the product and it is in good condition less normal wear and tear
and gives written notice of the intent to rescind the transaction by
either:
(a) Returning the product with a written notice of the intent to
rescind sent by certified mail, return receipt requested, to the
licensee’s regular place of business; or
(b) Returning the product with a written notice of the intent to
rescind to an authorized representative of the company from which it was
purchased.
(3) The notice described in subsection (2) of this section shall
state that the transaction is canceled pursuant to this section. The
notice of intent to rescind must be postmarked:
(a) Within 30 days from the date of the original delivery; or
(b) Within specified time periods if the 30-day period has been
extended in writing by both parties. The consumer’s rescission rights can
only be extended through a written agreement by both parties.
(4) If the conditions of subsection (1)(a), (b), (c) or (d) of this
section and subsection (2)(a) or (b) of this section have been met, the
seller, without further request and within 10 days after the
cancellation, shall issue a refund to the purchaser. However, the hearing
aid specialist may retain a portion of the purchase price as specified by
rule by the Oregon Health Licensing Agency when the purchaser rescinds
the sale during the 30-day rescission period. At the same time, the
seller shall return all goods traded in to the seller on account of or in
contemplation of the sale. The purchaser shall incur no additional
liability for the cancellation. [1975 c.673 §6; 1985 c.227 §6; 1993 c.133
§2; 1999 c.81 §3; 2003 c.547 §77; 2005 c.648 §91]LICENSING An applicant
for licensure under this chapter shall pay a fee established by the
Oregon Health Licensing Agency under ORS 694.185 and shall show to the
satisfaction of the agency that the applicant:
(1) Is a person 18 years of age or older.
(2) Has graduated from high school or has been awarded a General
Educational Development (GED) certificate.
(3) Has completed the training and has the experience required
under ORS 694.065. [1959 c.634 §4; 1967 c.631 §4; 1973 c.182 §7; 1973
c.827 §76; 1985 c.227 §7; 1993 c.133 §3; 1997 c.319 §1; 2001 c.104 §274;
2003 c.547 §78; 2005 c.648 §92](1) Before an applicant may take the qualifying
examination for licensure under ORS 694.015 to 694.185, the applicant
must:
(a) Meet the training and experience requirements established by
the Oregon Health Licensing Agency by rule;
(b) Meet the training requirements for licensure as an audiologist
or for certification of a licensed physician by the American Board of
Otolaryngology; or
(c) Meet the requirements for certification by the National Board
for Certification in Hearing Instrument Sciences.
(2) An individual seeking to obtain the experience and training
specified in subsection (1)(a) of this section necessary to take the
examination shall obtain a trainee registration from the agency pursuant
to rules adopted by the agency. A trainee registration issued pursuant to
this subsection shall allow the holder of the registration to obtain
training and experience only under the direct supervision of a hearing
aid specialist licensed in the State of Oregon.
(3) Examination of applicants for licensure under ORS 694.015 to
694.185 shall be held at least once each quarter at such times and places
as the agency may determine.
(4) Timely and appropriate notice of the time and place of the
examination shall be given to each applicant and to each licensed hearing
aid specialist supervising a temporary hearing aid specialist pursuant to
rules adopted by the agency.
(5) The agency, in consultation with the Advisory Council on
Hearing Aids, shall adopt rules establishing standards for examination
scope, format, minimum acceptable performance and reexamination
qualifications. The examination shall be sufficiently thorough to
determine the qualifications, fitness and ability of the applicant to
practice as a hearing aid specialist. The examination may be in the form
of written, oral or practical demonstration of skills, or a combination
of any such types. The examination shall cover at least the subjects
listed in ORS 694.075. [1959 c.634 §§5,5a; 1967 c.631 §5; 1985 c.227 §8;
1993 c.133 §4; 1997 c.319 §2; 1999 c.885 §45; 2003 c.547 §79; 2005 c.648
§93] The qualifying
examination provided in ORS 694.065 (3) shall include but not be limited
to:
(1) Tests of knowledge in the following areas as they pertain to
the fitting of hearing aids:
(a) Basic physics of sound.
(b) The human hearing mechanism, including the science of hearing
and the causes and rehabilitation of abnormal hearing and hearing
disorders.
(c) Structure and function of hearing aids.
(2) Tests of proficiency in the following techniques as they
pertain to the fitting of hearing aids:
(a) Pure tone audiometry, including air conduction testing and bone
conduction testing.
(b) Live voice or recorded voice speech audiometry, including
speech reception threshold testing and speech discrimination testing.
(c) Effective masking.
(d) Recording and evaluation of audiograms and speech audiometry to
determine hearing aid candidacy.
(e) Selection and adaptation of hearing aids and testing of hearing
aids.
(f) Taking earmold impressions.
(3) Other relevant subjects established by rule based upon changes
or advances in industry technology and health care delivery systems,
client safety or current scientific infection control techniques. [1959
c.634 §6; 1997 c.319 §3](1) Subject to ORS 676.612, the agency
shall license each applicant, without discrimination, who possesses the
required training and experience and who satisfactorily passes the
examination and pays the required fees. The license shall be effective
for one year following issuance.
(2) The agency shall waive the examination required under
subsection (1) of this section and grant a license to an applicant who:
(a) Is licensed by the State Board of Examiners for Speech-Language
Pathology and Audiology under ORS 681.250;
(b) Is certified by the Educational Service Board of the American
Speech-Language-Hearing Association on or after January 1, 1992, or, if
not so certified, satisfies the agency that the applicant possesses
equivalent training and education achievements; and
(c) Passes an examination related to Oregon law in the area of
hearing aid dispensing and pays the required fees. [1959 c.634 §7; 1973
c.182 §8; 1977 c.873 §14; 1985 c.227 §9; 1991 c.703 §36; 1993 c.133 §5;
1995 c.280 §26; 1997 c.249 §210; 2001 c.104 §275; 2003 c.547 §80] (1) An applicant who fulfills
the requirements of ORS 694.055 and 694.065 (1) and who has not
previously applied to take the qualifying examination provided under ORS
694.065 (3) or previously been issued a temporary license may apply to
the Oregon Health Licensing Agency for a temporary license.
(2) Upon receiving an application provided under subsection (1) of
this section accompanied by a fee established by the agency under ORS
694.185, the agency shall issue a temporary license which shall be valid
for one year following the date of issuance or until the date the
temporary licensee obtains a permanent license pursuant to ORS 694.085,
whichever date occurs first.
(3) A temporary license issued under this section shall allow the
holder of the license to practice as a hearing aid specialist only under
the supervision of a licensed hearing aid specialist, in accordance with
rules adopted by the agency.
(4) If a person who holds a temporary license issued under this
section is found by the agency to be dealing in hearing aids without the
supervision required in subsection (3) of this section, the agency may
revoke or suspend the temporary license. [1959 c.634 §9; 1967 c.631 §6;
1975 c.673 §3; 1985 c.227 §10; 1993 c.133 §6; 1997 c.319 §4; 2001 c.104
§276; 2003 c.547 §81; 2005 c.648 §94](1) A person who holds a license
shall notify the Oregon Health Licensing Agency in writing of the regular
address of the place or places where the person deals or intends to deal
in hearing aids.
(2) The agency shall keep a record of the places of business of
persons who hold a license.
(3) Any notice required to be given by the agency to a person who
holds a license may be given by mailing it to the address of the last
place of business of which the person has notified the agency. [1959
c.634 §11; 1967 c.631 §8; 1985 c.227 §11; 2001 c.104 §277; 2005 c.648 §95](1) All licenses
issued under ORS 694.015 to 694.185 expire one year following the date of
issuance, unless renewed on or before the expiration date by payment of
the required renewal fee and submission of satisfactory evidence of
completion of continuing education courses as specified by rule.
(2) A license that has expired less than one year before the date
of application for renewal may be renewed upon application therefor and
payment of the required renewal fee and upon submission of satisfactory
evidence of completion of continuing education as specified by rule, and
payment of a delinquency fee.
(3) A license that has expired more than one year but less than
three years before the date of application for renewal may be renewed
upon application therefor and payment of the required renewal fee and
delinquency fee and upon submission of satisfactory evidence of
completion of continuing education as specified by rule.
(4) A license that has expired more than three years before the
date of application for renewal may be reinstated upon application,
payment of required fees and completion of other conditions for license
issuance as determined by rule.
(5) A license shall be conspicuously posted in public view in the
office or place of business of the hearing aid specialist at all times.
(6) The Oregon Health Licensing Agency shall require proof of
completion of continuing education as a condition of license renewal as
determined by rule. [1959 c.634 §13; 1967 c.631 §9; 1973 c.182 §9; 1977
c.873 §15; 1985 c.227 §12; 1993 c.133 §7; 2003 c.547 §82; 2005 c.648 §96]
The Oregon Health Licensing Agency shall adopt by rule standards of
practice for hearing aid specialists in providing services to consumers.
The standards must include, but are not limited to:
(1) Before fitting or dispensing a hearing aid, the hearing aid
specialist shall determine through direct observation and a personal
interview whether any of the following conditions exist:
(a) Visible congenital or traumatic deformity of the ear;
(b) Active drainage from the ear within the previous 90 days or a
history of active drainage from the ear;
(c) Sudden or rapidly progressive hearing loss within the previous
90 days;
(d) Acute or chronic dizziness;
(e) Unilateral hearing loss of sudden or recent onset within 90
days;
(f) Significant air-bone gap of greater than or equal to 15
decibels, American National Standards Institute, 500, 1,000 and 2,000 Hz
average; or
(g) Any other condition that the agency may establish by rule.
(2) If any of the conditions listed in subsection (1) of this
section are found, the hearing aid specialist shall refer the person to a
physician licensed under ORS chapter 677 who specializes in diseases of
the ear or, if no such licensed physician is available in the community,
to any physician licensed under ORS chapter 677.
(3) Within the 90 days prior to fitting or dispensing a hearing aid
to a person under 18 years of age, the person receiving the hearing aid
must be referred to one of the following licensed medical physicians:
(a) An otolaryngologist for examination and for a recommendation of
corrective measures that may be required;
(b) A properly licensed medical physician for like examination and
recommendation; or
(c) An audiologist licensed by the State of Oregon for an
evaluation of the person’s hearing and for a recommendation of corrective
measures that may be required if the person is also examined by a
properly licensed medical physician who gives approval for possible
hearing aid use.
(4) Notwithstanding subsection (3) of this section, replacement of
a hearing aid with an identical hearing aid within one year of the
initial fitting or dispensing of the hearing aid does not require a
referral to a physician.
(5)(a) Hearing aid specialists shall make clear their credentials,
never representing that the services or advice of a person licensed to
practice medicine and surgery, osteopathy and surgery, or a clinical
audiologist will be used or made available in the selection, fitting,
adjustment, maintenance or repair of hearing aids when that is not true.
Hearing aid specialists shall also refrain from using the word “doctor”
or “clinic” or other words, abbreviations or symbols that tend to connote
an audiologic, medical or osteopathic profession when that use is not
accurate.
(b) A person issued a temporary license shall deal in hearing aids
only under supervision of a person licensed under this chapter.
(c) A hearing aid specialist shall maintain a business address and
telephone number at which the specialist may be reached during normal
business hours.
(d) Sales of hearing aids shall be made by a licensed hearing aid
specialist and not by direct mail. For purposes of this paragraph,
delivery by mail of a replacement hearing aid or parts does not
constitute sale by direct mail.
(6) If the person or the parent or guardian of the person refuses
to seek a medical opinion from the physician to whom the person has been
referred under subsection (2) or (3) of this section, the person dealing
in hearing aids must obtain from the person or the parents or guardian of
the person prior to fitting or dispensing a hearing aid a certificate to
that effect in a form prescribed by the agency. Any person dealing in
hearing aids or employees and putative agents thereof, upon making the
required referral for medical opinion, may not in any manner whatsoever
disparage or discourage a prospective hearing aid user from seeking a
medical opinion prior to the fitting and dispensing of a hearing aid.
Nothing required to be performed by a person dealing in hearing aids
under this section means that the person is engaged in the diagnosis of
illness or the practice of medicine or any other activity prohibited by
the provisions of ORS 694.042 and 694.095 and this section. [2003 c.547
§75; 2005 c.648 §97] No person shall:
(1) Sell, barter or offer to sell or barter a license.
(2) Purchase or procure by barter a license with intent to use it
as evidence of the holder’s qualification to deal in hearing aids.
(3) Alter materially a license with fraudulent intent.
(4) Use or attempt to use as a valid license a license which has
been purchased, fraudulently obtained, counterfeited or materially
altered.
(5) Willfully make a false, material statement in an application
for licensure or for renewal of a license. [1959 c.634 §15; 1967 c.631
§11; 1985 c.227 §15]
(1) In the manner prescribed in ORS chapter 183 for contested cases, the
Oregon Health Licensing Agency may impose a form of discipline listed in
ORS 676.612 against any person dealing in hearing aids for any of the
grounds listed in ORS 676.612 and for any violation of the provisions of
ORS 694.015 to 694.185, or the rules adopted thereunder.
(2) The agency may also impose disciplinary sanctions against a
person dealing in hearing aids for any of the following causes:
(a) Failing or refusing to honor or to perform as represented any
promise, agreement, warranty or representation in connection with the
promotion, dispensing or fitting of a hearing aid.
(b) Advertising a particular model, type or kind of hearing aid for
sale that purchasers or prospective purchasers responding to the
advertisement cannot purchase.
(c) Failing to adhere to practice standards established by ORS
694.142 or rules adopted by the agency. [2003 c.547 §83; 2005 c.648 §98]ADMINISTRATION
The powers and duties of the Oregon Health Licensing Agency with regard
to dealing in hearing aids are as follows:
(1) To authorize all disbursements necessary to carry out the
provisions of ORS 694.015 to 694.185.
(2) To determine training and experience requirements prerequisite
to taking the examination and to supervise and administer qualifying
examinations to test the knowledge and proficiency of applicants for
licensure.
(3) To license persons who apply to the agency and who have
qualified to deal in hearing aids.
(4) To purchase and maintain or rent audiometric equipment and
facilities necessary to carry out the examination of applicants for
licensure.
(5) To issue and renew licenses.
(6) To suspend or revoke licenses in the manner provided in ORS
chapter 183.
(7) To appoint representatives to conduct or supervise the
examination of applicants for licensure.
(8) To designate the time and place for examining applicants for
licensure.
(9) To adopt rules not inconsistent with the laws of this state
which are necessary to carry out the provisions of ORS 694.015 to 694.185.
(10) With the advice of the Advisory Council on Hearing Aids, to
prescribe safety and sanitation requirements, to require the periodic
inspection of the audiometric testing equipment and to carry out the
periodic inspection of facilities of persons who deal in hearing aids.
(11) To appoint or employ subordinate employees.
(12) To adopt rules specifying exemptions relating to assistive
listening devices. [1959 c.634 §23; 1967 c.631 §12; 1985 c.227 §16; 1993
c.133 §9; 1999 c.885 §46; 2005 c.648 §99](1) There is created within the Oregon Health
Licensing Agency the Advisory Council on Hearing Aids. The council shall
consist of seven members to be appointed by the Governor.
(2) Members of the council shall be residents of this state. No
member of the council shall be a member or employee of the agency.
(3) Membership on the council shall consist of:
(a) One member who is licensed to practice medicine in this state
and holds a certificate of qualification from the American Board of
Otolaryngology;
(b) One member who holds a clinical certification in audiology with
the American Speech-Language-Hearing Association and is a member in good
standing with that association;
(c) Four members who are experienced in the fitting of hearing aids
and possess the qualifications provided in ORS 694.055; and
(d) One member who is a consumer of hearing aids and does not
possess the professional qualifications of the other members.
(4) The term of office of a member is three years beginning on July
1 of the year of appointment. A member shall continue to serve until a
successor has been appointed and qualifies. Before a member’s term
expires, the Governor shall appoint a successor to assume the duties of
office on July 1 at the expiration of the predecessor’s term. A vacancy
in the office of a member shall be filled by appointment for the
unexpired term.
(5) Members of the council are entitled to compensation and
expenses as provided in ORS 292.495. [1959 c.634 §§16,17,19,20; 1967
c.631 §13; 1969 c.314 §95; 1985 c.227 §17; 1995 c.167 §1; 1999 c.885 §47;
2005 c.648 §100] (1) The Advisory Council on Hearing Aids
shall have the responsibility and duty of advising the Oregon Health
Licensing Agency in all matters relating to ORS 694.015 to 694.185
including standards of practice and professional conduct, shall prepare
the examinations required by ORS 694.015 to 694.185 subject to the
approval of the agency and shall assist the agency in carrying out the
provisions of ORS 694.015 to 694.185.
(2) The agency shall consider and be guided by the recommendations
of the council in all matters relating to ORS 694.015 to 694.185. [1959
c.634 §21; 1999 c.885 §48; 2003 c.547 §85; 2005 c.648 §101] (1) The Oregon Health
Licensing Agency, by rule, shall establish and collect fees related to
dealing in hearing aids for:
(a) Application;
(b) Examinations;
(c) License;
(d) License renewal;
(e) License restoration;
(f) Replacement or duplicate license;
(g) Delinquency; and
(h) Providing copies of official documents or records and for
recovering administrative costs associated with compiling, photocopying
or preparing and delivering the records.
(2) All moneys received by the agency under ORS 694.015 to 694.185
shall be paid into the General Fund in the State Treasury and credited to
the Oregon Health Licensing Agency Account, and are appropriated
continuously to and shall be used by the agency only for the
administration and enforcement of ORS 694.015 to 694.185.
(3) The fees established by the agency under this section are
subject to the prior approval of the Oregon Department of Administrative
Services. The fees shall not exceed the cost of administering ORS 694.015
to 694.185 pertaining to the purpose for which the fee is established, as
authorized by the Legislative Assembly within the budget of the agency,
as that budget may be modified by the Emergency Board. [1973 c.427 §4;
1985 c.227 §18; 1999 c.885 §49; 2003 c.547 §86; 2005 c.648 §102]PENALTIES (1)
Violation of any provision of ORS 694.025, 694.028, 694.032 and 694.145
is a Class B misdemeanor.
(2) Justice courts have concurrent jurisdiction with the circuit
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