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Chapter 681 — Hearing and Speech Professionals

2001 EDITION

681.010 [Amended by 1953 c.183 §4; 1961 c.399 §1; repealed by 1967 c.470 §68]

681.020 [Repealed by 1967 c.470 §68]

681.025 [1961 c.399 §4; repealed by 1967 c.470 §68]

681.030 [Amended by 1961 c.399 §2; repealed by 1967 c.470 §68]

681.040 [Repealed by 1967 c.470 §68]

681.050 [Repealed by 1967 c.470 §68]

681.060 [Repealed by 1967 c.470 §68]

681.070 [Repealed by 1967 c.470 §68]

681.080 [Repealed by 1953 c.183 §4]

681.090 [Amended by 1957 c.680 §1; repealed by 1967 c.470 §68]

681.095 [1953 c.45 §2; 1957 c.680 §2; repealed by 1967 c.470 §68]

681.100 [Amended by 1953 c.46 §3; repealed by 1967 c.470 §68]

681.110 [Repealed by 1967 c.470 §68]

681.120 [Amended by 1953 c.46 §3; repealed by 1967 c.470 §68]

681.130 [Repealed by 1967 c.470 §68]

681.140 [Amended by 1953 c.183 §4; 1957 c.680 §3; 1961 c.399 §5; repealed by 1967 c.470 §68]

681.143 [1957 c.162 §2; repealed by 1967 c.470 §68]

681.146 [1957 c.681 §10; repealed by 1967 c.470 §68]

681.150 [Repealed by 1967 c.470 §68]

681.152 [1959 c.47 §2; repealed by 1967 c.470 §68]

681.155 [1957 c.264 §2; 1961 c.258 §1; repealed by 1967 c.470 §68]

681.160 [Repealed by 1967 c.470 §68]

681.170 [Repealed by 1967 c.470 §68]

GENERAL PROVISIONS

681.205 Definitions. 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, such 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 board 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) "Board" means the State Board of Examiners for Speech-Language Pathology and Audiology.

(4) "Conditional license" means a license issued to an applicant under ORS 681.325.

(5) "Practice audiology" 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 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. "Practice audiology" includes the fitting or selling of hearing aids.

(6) "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.

(7) "Speech-language pathologist" means one 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.

(8) "Unethical conduct" means:

(a) The obtaining of any fee by fraud or misrepresentation.

(b) Employing directly or indirectly any suspended or unlicensed person 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, which 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 another to use a license or conditional license issued by the board.

(f) Violation of the code of ethics adopted and published by the board. [Formerly 694.305; 1985 c.64 §3; 1989 c.224 §133; 1989 c.491 §67; 1995 c.280 §1]

Note: The amendments to 681.205 by section 1, chapter 626, Oregon Laws 2001, become operative January 2, 2003. See section 9, chapter 626, Oregon Laws 2001. The text that is operative on and after January 2, 2003, is set forth for the user’s convenience.

681.205. 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, such 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 board 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) "Board" means the State Board of Examiners for Speech-Language Pathology and Audiology.

(4) "Conditional license" means a license issued to an applicant under ORS 681.325.

(5) "Practice audiology" 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 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. "Practice audiology" includes the fitting or selling of hearing aids.

(6) "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.

(7) "Speech-language pathologist" means one 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.

(8) "Speech-language pathology assistant" means a person who provides speech-language pathology services under the direction and supervision of a speech-language pathologist licensed under ORS 681.250.

(9) "Unethical conduct" means:

(a) The obtaining of any fee by fraud or misrepresentation.

(b) Employing directly or indirectly any suspended or unlicensed person 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, which 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 another to use a license or conditional license issued by the board.

(f) Violation of the code of ethics adopted and published by the board.

681.220 Policy. It is declared to be a policy of this state that, in order to safeguard the public health, safety, and welfare, and to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons, and to protect the public from unprofessional conduct by qualified speech-language pathologists and audiologists, and to help assure the availability of the highest possible quality speech-language pathology and audiology services to the communicatively disabled people of this state, it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public. [Formerly 694.315; 1989 c.224 §134; 1995 c.280 §2]

681.230 Application of chapter. (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 activities of a speech-language pathology or audiology nature or the use of the official title of the position for which they were employed on the part of the following persons:

(a) Persons who hold a valid and current credential as a speech and hearing specialist issued by the Teacher Standards and Practices Commission.

(b) Speech-language pathologists or audiologists employed by federal agencies.

(c) Speech-language pathologists or audiologists employed by approved colleges or universities.

(3) Persons performing activities described in subsection (2) of this section who are not licensed under this chapter must do so solely within the confines of or under the jurisdiction of the organization in which they are employed and shall not offer to render speech-language pathology or audiology services to the public for compensation over and above the salary they receive for performance of their official duties with organizations in which they are employed. However, without obtaining a license under this chapter, such persons may consult or disseminate their research findings and scientific information to other such accredited academic institutions or governmental agencies. They 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 no fee shall accrue directly or indirectly to the student. Such persons shall be designated by such title as "Speech-language Pathology Intern," "Speech-language Pathology Trainee" or other such 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 no fee shall accrue directly or indirectly to the student. Such persons shall be designated by such title as "Audiology Intern," "Audiology Trainee" or other such 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 dealer from consulting with respect to the selling of hearing aids according to ORS chapter 694.

(8) Nothing in this chapter is intended to exempt an audiologist from licensure under ORS 694.025. [Formerly 694.325; 1989 c.491 §67a; 1995 c.280 §3]

LICENSING

(Speech-Language Pathologist or Audiologist)

681.250 Requirement for license in speech-language pathology or audiology. (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]

681.260 Qualifications for licensing. To be eligible for licensing by the State Board of Examiners for Speech-Language Pathology and Audiology as a speech-language pathologist or audiologist, the applicant must:

(1) Possess at least a master’s degree or equivalent in the area of speech-language pathology or audiology from an approved college or university.

(2) Submit transcripts from one or more approved colleges or universities presenting evidence of the completion of 60 semester hours constituting a well-integrated program that includes 18 semester hours in courses that provide fundamental information applicable to normal development and use of speech, hearing, and language, and 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:

(a) Of 42 semester hours required, no fewer than six may be in audiology for the speech-language pathologist or in speech-language pathology for the audiologist.

(b) No more than six of these 42 semester hours may be in courses that provide academic credit for clinical practice.

(c) Of these 42 semester hours, at least 24, not including credit for thesis or dissertation, must be in courses in the field for which the license is requested and 30 of these 42 semester hours must be in courses acceptable toward a graduate degree by the college or university in which these courses are taken.

(3) Submit 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 being obtained within the training institution or in one of its cooperating programs.

(4) Present written evidence from a licensed or certified speech-language pathologist or audiologist supervisor of nine months of full-time, or its part-time equivalent, post-educational professional employment pertinent to the license being sought. "Full-time" means at least nine months in a calendar year and a minimum of 30 hours per week. "Part-timetimetime 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.

(5) Pass an examination approved by the board. The board shall determine the subject and scope of the examinations. Written examinations may be supplemented by such oral examinations as the board shall determine. An applicant who fails the examination may be reexamined at a subsequent examination. [Formerly 694.345; 1985 c.64 §5; 1989 c.491 §67b; 1995 c.280 §5]

681.270 License and conditional license application; fee. (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 shall be made in such a manner as the board prescribes.

(3) The application required by this section shall be accompanied by a nonrefundable application fee prescribed by ORS 681.340. [Formerly 694.355; 1995 c.280 §6]

681.280 Who may perform duties pending disposition of application. A speech-language pathologist or audiologist 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 or audiologist without a valid license pending disposition of application. [Formerly 694.365; 1995 c.280 §9]

681.290 Examination of candidates. (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]

681.300 Waiver of examination and educational requirements waived. (1) The State Board of Examiners for Speech-Language Pathology and Audiology may waive the examination and grant a license to applicants who present proof of a current license in a state which has standards equivalent to those of this state.

(2) The board may waive the examination and grant a license to those who hold the Certificate of Clinical Competence of the American Speech-Language-Hearing Association in the area for which they are applying for a license.

(3) The board shall waive the examination and the requirements of ORS 681.260 (2) to (5) and grant a license to practice audiology to any applicant who holds a master’s degree in speech pathology and audiology from an Oregon university if the applicant originally applied for a license to practice audiology within one year after July 3, 1973, but acquired the degree by June 15, 1975. [Formerly 694.385; 1985 c.754 §1; 1995 c.280 §11]

681.310 [Formerly 694.395; repealed by 1995 c.280 §37]

681.320 Renewal procedure; fees; effect on suspended or revoked license. (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 in ORS 681.340. The application shall include the following:

(a) Evidence of participation in professional development. Participation in professional development shall include continuing education or other demonstrations of professional development as the board may recognize by rule; and

(b) Evidence of compliance with all other requirements established by the board.

(2) No person who applies for renewal and whose license has expired, shall 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 such expiration.

(3) A suspended license is subject to expiration and must be renewed as provided in this section, but such renewal does not entitle the licensee while the license remains suspended to engage in the licensed activity, or in any other activity or conduct which violates the order or judgment by which the license was suspended.

(4) A license revoked on disciplinary grounds is subject to expiration and it may not be renewed. If it 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 the delinquency fee, if any, accrued at the time of its revocation.

(5) A person who fails to renew a license within the four years after its expiration may not renew it, and the license shall 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. [Formerly 694.405; 1993 c.472 §1; 1995 c.147 §1; 1995 c.280 §12a]

681.325 Issuance of conditional license; scope of practice; renewal. (1) The purpose of a conditional license is to permit an individual to practice speech-language pathology or audiology while completing 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; 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 an individual described under subsection (3) of this section.

(3) A conditional license authorizes the licensee to practice speech-language pathology or audiology under the supervision of:

(a) A fully licensed speech-language pathologist or audiologist; or

(b) An individual who holds a certificate of clinical competence in speech-language pathology or audiology from:

(A) The American Speech-Language-Hearing Association; or

(B) Any other organization acceptable to the board.

(4) A conditional license expires on the first anniversary of its effective date.

(5) 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 set in ORS 681.340. [1995 c.280 §8]

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.

681.330 Application of rules of ethical standards of practice. 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. [Formerly 694.415; 1995 c.280 §13]

Note: The amendments to 681.330 by section 2, chapter 626, Oregon Laws 2001, become operative January 2, 2003. See section 9, chapter 626, Oregon Laws 2001. The text that is operative on and after January 2, 2003, is set forth for the user’s convenience.

681.330. 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.

681.340 Fees; initial license or conditional license fee; waiver; exclusivity of fees; approval; report. (1) The State Board of Examiners for Speech-Language Pathology and Audiology may impose the following fees in connection with a license or conditional license as a speech-language pathologist or audiologist:

(a) License fee and renewal thereof in the amount of $100.

(b) Delinquency fee in the amount of $10.

(c) Application fee in the amount of $30.

(d) Inactive license fee in the amount of $20.

(e) Conditional license fee and renewal thereof in the amount of $50.

(f) Prorated license fee in the amount of $50 for the second year for an active licensee and $10 in the second year for an inactive licensee.

(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 regulation, provide for waiver of such fee where the license is issued less than 45 days before the date on which it will expire.

(3) The fees collected by the board shall be exclusive and no municipality shall have the right to 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]

681.350 Denial, suspension or revocation of license or conditional license; civil penalties. (1) The State Board of Examiners for Speech-Language Pathology and Audiology may refuse to issue 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 been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes, but is not limited to:

(a) Obtaining a license or conditional license by means of fraud, misrepresentation, or concealment of material facts.

(b) Being found guilty of unprofessional conduct, or having violated ethical standards of practice established pursuant to ORS 681.420 (5).

(c) Violating any lawful order or rule of the board.

(d) Violating any provisions of this chapter.

(2) Denial, suspension or revocation of a license or conditional license, pursuant to subsection (1) of this section is permissible only after a hearing which complies with all applicable requirements of ORS 183.310 to 183.550.

(3) One year after denial, suspension or revocation of a license or conditional license, a person may reapply. The board may in its discretion require an examination for reinstatement.

(4) Where an applicant, licensee or conditional licensee has been convicted of a felony or a crime involving moral turpitude, the board may suspend or revoke the license or conditional license, or may decline to issue a license or conditional license, when:

(a) The time for appeal has elapsed;

(b) The judgment of conviction has been affirmed on appeal; or

(c) A sentence of probation is imposed suspending the imposition of any other sentence.

(5) The board may impose a civil penalty not to exceed $1,000 for any of the causes stated in subsection (1) of this section. [Formerly 694.435; 1985 c.64 §6; 1993 c.14 §26; 1995 c.280 §15]

(Speech-Language Pathology Assistant)

681.360 Certificate for speech-language pathology assistant; requirements; renewal; exception; grounds for denial, suspension or revocation. (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 pursuant to 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 speech-language pathologist licensed under this chapter 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) Nothing in this section prohibits an educational assistant as defined in ORS 342.120 from performing duties assigned by a speech-language pathologist.

(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]

Note: 681.360, 681.365, 681.370 and 681.375 and section 6, chapter 626, Oregon Laws 2001, become operative January 2, 2003. See section 9, chapter 626, Oregon Laws 2001.

681.365 Certification of person from another state or territory. 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]

Note: See note under 681.360.

681.370 Duties of speech-language pathologist using services of speech-language pathology assistant. 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]

Note: See note under 681.360.

681.375 Rules. 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. [2001 c.626 §8]

Note: See note under 681.360.

Note: Section 6, chapter 626, Oregon Laws 2001, provides:

Sec. 6. Prior to January 1, 2004, 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 a person who has education and experience equivalent to the criteria established by the board for certification as a speech-language pathology assistant. [2001 c.626 §6]

Note: See note under 681.360.

STATE BOARD

681.400 State Board of Examiners for Speech-Language Pathology and Audiology; term; vacancy. (1) There is established in the Department of Human Services 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]

681.410 Qualifications of members; compensation and expenses. (1) Of the membership of the State Board of Examiners for Speech-Language Pathology and Audiology:

(a) All members must be citizens of this state.

(b) Two members shall be audiologists, licensed under this chapter.

(c) Two members shall be speech-language pathologists licensed under this chapter.

(d) One member shall be a person licensed to practice medicine, who also holds board certification from the American Board of Otolaryngology.

(e) Two members shall 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 State Board of Examiners for Speech-Language Pathology and Audiology shall receive compensation and expenses as provided in ORS 292.495. [Formerly 694.455; 1985 c.64 §8; 1995 c.280 §17]

681.420 Powers and duties; rules. 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 chairperson or secretary 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]

681.430 Officers; quorum; meetings. (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]

681.440 When meetings may be closed to public. 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]

681.450 Secretary of the board. Subject to applicable provisions of the State Personnel Relations Law, the State Board of Examiners for Speech-Language Pathology and Audiology may employ a secretary and prescribe the duties and fix the compensation. [Formerly 694.495; 1995 c.280 §21]

681.460 Rules. In accordance with applicable provisions of ORS 183.310 to 183.550, 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]

681.470 Administrative cooperation with Department of Human Services. In performing its powers and duties under this chapter, the State Board of Examiners for Speech-Language Pathology and Audiology shall utilize the physical facilities and administrative staff of the Department of Human Services. It shall pay to the Department of Human Services a proportionate share of the cost of such administrative services; such share to be fixed by annual negotiation between the board and the department. [Formerly 694.515; 1995 c.280 §23]

681.480 Disposition of receipts. All moneys received by the division under this chapter shall be paid into the Public Health Account in the General Fund in the State Treasury and such moneys hereby are appropriated continuously for the administration and enforcement of this chapter. [Formerly 694.525]

ENFORCEMENT

681.490 Investigation of complaints and alleged violations; subpoenas; remedies. (1) Upon the complaint of any citizen of this state, or upon its own motion, the State Board of Examiners for Speech-Language Pathology and Audiology may 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. [1989 c.843 §4; 1995 c.280 §24]

681.495 Board duty to investigate complaints. 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]

681.505 Report of suspected violations; liability of complainant. (1) Any licensee of the State Board of Examiners for Speech-Language Pathology and Audiology or member of the Oregon Speech-Language-Hearing Association shall, and any other person may, report to the board any suspected violation of this chapter.

(2) No 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 licensee of the board, shall be answerable for any such act in any proceeding except for perjury. [1985 c.64 §11; 1995 c.280 §25]

MISCELLANEOUS

681.605 Audiologist dealing in hearing aids. No licensed audiologist shall deal in hearing aids, as those terms are defined in ORS 694.015, unless the audiologist is registered in accordance with ORS chapter 694. [1985 c.64 §10]

PENALTY

681.990 [Repealed by 1967 c.470 §68]

681.991 Penalty. Violation of ORS 681.250 (2) is a misdemeanor. [Formerly subsection (3) of 694.991]