Chapter 626 Oregon Laws 2001
AN ACT
HB 3268
Relating to speech-language
pathology; creating new provisions; and amending ORS 681.205 and 681.330.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 681.205 is amended to read:
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.
[(8)] (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.
SECTION 2.
ORS 681.330 is amended to read:
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.
SECTION 3.
Sections 4 to 8 of this 2001 Act are
added to and made a part of ORS chapter 681.
SECTION 4.
(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.
SECTION 5.
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.
SECTION 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.
SECTION 7.
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 section 4 of this 2001
Act.
SECTION 8.
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.
SECTION 9.
Sections 4 to 8 of this 2001 Act and the
amendments to ORS 681.205 and 681.330 by sections 1 and 2 of this 2001 Act
become operative on January 2, 2003.
SECTION 10.
The State Board of Examiners for
Speech-Language Pathology and Audiology may take any action before the
operative date of sections 4 to 8 of this 2001 Act and the amendments to ORS
681.205 and 681.330 by sections 1 and 2 of this 2001 Act that is necessary to
enable the board to exercise, on or after the operative date of sections 4 to 8
of this 2001 Act and the amendments to ORS 681.205 and 681.330 by sections 1
and 2 of this 2001 Act, all of the duties, functions and powers conferred on
the board by sections 4 to 8 of this 2001 Act and the amendments to ORS 681.205
and 681.330 by sections 1 and 2 of this 2001 Act.
Approved by the Governor
June 26, 2001
Filed in the office of
Secretary of State June 26, 2001
Effective date January 1,
2002
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