ORS Chapter 681

OREGON STATUTES AND CODES

Chapter 681 — Hearingand Speech Professionals

2009 EDITION

HEARINGAND SPEECH PROFESSIONALS

OCCUPATIONSAND PROFESSIONS

GENERALPROVISIONS

681.205 Definitions

681.220 Policy

681.230 Applicationof chapter; rules

LICENSING

(Speech-LanguagePathologist or Audiologist)

681.250 Requirementfor license in speech-language pathology or audiology

681.260 Qualificationsfor licensure as speech-language pathologist

681.264 Qualificationsfor licensure as audiologist

681.270 Licenseand conditional license application; fee

681.280 Whomay perform duties pending disposition of application

681.290 Examinationof candidates

681.300 Waiverof examination and educational requirements

681.320 Renewalprocedure; fees; effect on suspended or revoked license; rules

681.325 Issuanceof conditional license; scope of practice; renewal

681.330 Applicationof rules of ethical standards of practice

681.340 Fees;initial license or conditional license fee; waiver; exclusivity of fees; rules

681.350 Denial,suspension or revocation of license or conditional license; civil penalties

(Speech-LanguagePathology Assistant)

681.360 Certificatefor speech-language pathology assistant; requirements; renewal; exception;grounds for denial, suspension or revocation; rules

681.365 Certificationof person from another state or territory

681.370 Dutiesof speech-language pathologist using services of speech-language pathologyassistant

681.375 Roleof speech-language pathology assistants; rules

STATEBOARD

681.400 StateBoard of Examiners for Speech-Language Pathology and Audiology

681.410 Compensationand expenses

681.420 Powersand duties; rules

681.430 Officers;quorum; meetings

681.440 Whenmeetings may be closed to public; rules

681.450 Executivedirector

681.460 Rules

681.480 StateBoard of Examiners for Speech-Language Pathology and Audiology Account;disbursement of receipts

ENFORCEMENT

681.490 Investigationof complaints and alleged violations; subpoenas; remedies; civil penalties

681.495 Boardduty to investigate complaints

681.505 Reportof suspected violations; liability of complainant

PENALTY

681.991 Penalty

681.010 [Amended by1953 c.183 §4; 1961 c.399 §1; repealed by 1967 c.470 §68]

681.020 [Repealed by1967 c.470 §68]

681.025 [1961 c.399 §4;repealed by 1967 c.470 §68]

681.030 [Amended by1961 c.399 §2; repealed by 1967 c.470 §68]

681.040 [Repealed by1967 c.470 §68]

681.050 [Repealed by1967 c.470 §68]

681.060 [Repealed by1967 c.470 §68]

681.070 [Repealed by1967 c.470 §68]

681.080 [Repealed by1953 c.183 §4]

681.090 [Amended by1957 c.680 §1; repealed by 1967 c.470 §68]

681.095 [1953 c.45 §2;1957 c.680 §2; repealed by 1967 c.470 §68]

681.100 [Amended by1953 c.46 §3; repealed by 1967 c.470 §68]

681.110 [Repealed by 1967c.470 §68]

681.120 [Amended by1953 c.46 §3; repealed by 1967 c.470 §68]

681.130 [Repealed by1967 c.470 §68]

681.140 [Amended by1953 c.183 §4; 1957 c.680 §3; 1961 c.399 §5; repealed by 1967 c.470 §68]

681.143 [1957 c.162 §2;repealed by 1967 c.470 §68]

681.146 [1957 c.681 §10;repealed by 1967 c.470 §68]

681.150 [Repealed by1967 c.470 §68]

681.152 [1959 c.47 §2;repealed by 1967 c.470 §68]

681.155 [1957 c.264 §2;1961 c.258 §1; repealed by 1967 c.470 §68]

681.160 [Repealed by1967 c.470 §68]

681.170 [Repealed by1967 c.470 §68]

GENERALPROVISIONS

681.205Definitions.As used in this chapter, unless the context requires otherwise:

(1)“Approved college or university” means any college or university offering afull-time resident program of study in speech-language pathology or audiologyleading to a master’s degree or equivalent, the program having been fullyaccredited or conditionally approved by the American Speech-Language-HearingAssociation, or its successor agency, or having been otherwise determined bythe State Board of Examiners for Speech-Language Pathology and Audiology tomeet the association standards as specifically incorporated into board rules.

(2)“Audiologist” means a person who practices audiology and who uses publicly anytitle or description of services incorporating the words “audiologist,” “hearingclinician,” “hearing therapist” or any similar titles or descriptions ofservice.

(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 tothe development and disorders of hearing, vestibular functions and relatedlanguage and speech disorders to prevent or modify the disorders or to assistindividuals 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 andprocedures of measurement, prediction, evaluation, testing, counseling,consultation and instruction that relate to the development and disorders ofspeech, voice, swallowing and related language and hearing disorders to preventor modify the disorders or to assist individuals in cognition-language andcommunication skills.

(6)“Speech-language pathologist” means a person who practices speech-languagepathology and who uses publicly any title or description of services includingbut not limited to the words “speech-language pathologist,” “speechcorrectionist,” “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 providesspeech-language pathology services under the direction and supervision of aspeech-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 licenseis suspended to perform any work covered by this chapter.

(c)Using or causing or promoting the use of any advertising matter, promotionalliterature, testimonial, guarantee, warranty, label, brand, insignia, or anyother representation, however disseminated or published, that is misleading,deceiving, improbable or untruthful.

(d)Representing that the services or advice of a person licensed to practicemedicine will be used or made available in the practice of speech-languagepathology 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 usethe license or conditional license.

(f)Violating the ethical standards of practice adopted by the board under ORS681.420. [Formerly 694.305; 1985 c.64 §3; 1989 c.224 §133; 1989 c.491 §67; 1995c.280 §1; 2001 c.626 §1; 2005 c.698 §1]

681.220Policy.It is declared to be a policy of this state that it is necessary to provideregulatory authority over persons offering speech-language pathology andaudiology 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 andunauthorized persons;

(3)Protect the public from unprofessional conduct by qualified speech-languagepathologists and audiologists; and

(4)Help ensure the availability of the highest possible quality speech-languagepathology and audiology services to people of this state who have communicationdisabilities. [Formerly 694.315; 1989 c.224 §134; 1995 c.280 §2; 2005 c.698 §2;2007 c.70 §307]

681.230Application of chapter; rules. (1) Nothing in this chapter prevents aperson licensed in this state under any other law from engaging in theprofession for which the person is licensed.

(2)Nothing in this chapter restricts or prevents a person from engaging inspeech-language pathology or audiology activities or from using the officialtitle of the position for which the person is employed if the person:

(a)(A)Holds a valid and current teaching license with a communications disorderendorsement issued by the Teacher Standards and Practices Commission; and

(B)Is employed by an education service district, a school district or a charterschool; 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 sectionwho is not licensed under this chapter must do so solely within the confines ofor under the jurisdiction of the organization in which the person is employedand may not offer to render speech-language pathology or audiology services tothe public for compensation over and above the salary the person receives forperformance of the person’s official duties with organizations in which theperson is employed. However, without obtaining a license under this chapter, aperson may consult or disseminate the person’s research findings and scientificinformation to other accredited academic institutions or governmental agencies.The person also may offer lectures to the public for a fee, monetary orotherwise, without being licensed under this chapter.

(4)Nothing in this chapter restricts the activities and services of a student ofspeech-language pathology pursuing a course of study in speech-language pathologyat an approved college or university or an approved clinical training facility.However, these activities and services must constitute a part of the supervisedcourse of study of the student and a fee may not accrue directly or indirectlyto the student. A student shall be designated by a title such as “Speech-LanguagePathology Intern,” “Speech-Language Pathology Trainee” or other title clearlyindicating the training status appropriate to the level of training of thestudent.

(5)Nothing in this chapter restricts the activities and services of a student ofaudiology pursuing a course of study in audiology at an approved college oruniversity or an approved clinical training facility. However, these activitiesand services must constitute a part of the supervised course of study of thestudent and a fee may not accrue directly or indirectly to the student. Thestudent shall be designated by a title such as “Audiology Intern,” “AudiologyTrainee” or other title clearly indicating the training status appropriate tothe level of training of the student.

(6)Nothing in this chapter restricts a person holding a Class A certificate issuedby the Conference of Executives of American Schools of the Deaf from performingthe functions for which the person qualifies.

(7)Nothing in this chapter restricts a person holding a license in this state as ahearing aid specialist from consulting with respect to the selling of hearingaids under ORS chapter 694.

(8)Notwithstanding subsections (4) and (5) of this section, the State Board ofExaminers for Speech-Language Pathology and Audiology may adopt rulesauthorizing payment of a stipend to students of speech-language pathology andstudents of audiology who are pursuing a course of study at an approved collegeor 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; 2009 c.701 §62c]

LICENSING

(Speech-LanguagePathologist or Audiologist)

681.250Requirement for license in speech-language pathology or audiology. (1) A licenseshall be issued to qualified persons either in speech-language pathology oraudiology. A person may be licensed in both areas if the person meets therespective qualifications and in such instances the license fee shall be asthough for one license.

(2)No person shall practice speech-language pathology or audiology or purport tobe a speech-language pathologist or audiologist in this state unless the personis licensed in accordance with the provisions of this chapter. [Formerly694.335; 1987 c.158 §142; 1995 c.280 §4]

681.260Qualifications for licensure as speech-language pathologist. (1) Anapplicant is eligible for licensing by the State Board of Examiners forSpeech-Language Pathology and Audiology as a speech-language pathologist if theapplicant:

(a)Possesses at least a master’s degree or equivalent in the area ofspeech-language pathology from an approved college or university.

(b)Submits transcripts from one or more approved colleges or universities presentingevidence of the completion of at least 60 semester hours constituting awell-integrated program that includes at least 18 semester hours in coursesthat provide fundamental information applicable to normal development and useof speech, hearing and language, and at least 42 semester hours in courses thatprovide information about and training in the management of speech, hearing andlanguage disorders and that provide information supplementary to these fields.

(c)Submits evidence of the completion of a minimum of 275 clock hours ofsupervised, direct clinical experience with individuals presenting a variety ofdisorders of communication. The experience must be obtained within the traininginstitution or in one of its cooperating programs.

(d)Presents written evidence from a licensed or certified speech-languagepathologist supervisor of nine months of full-time post-educationalprofessional employment, or its part-time equivalent, that is pertinent to thespeech-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 perweek, 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.

(e)Passes an examination approved by the board. The board shall determine thesubject and scope of the examinations. Written examinations may be supplementedby oral examinations as the board determines. An applicant who fails theexamination 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 creditfor 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 re