71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2941
A-Engrossed
House Bill 3268
Ordered by the House May 7
Including House Amendments dated May 7
Sponsored by Representative CARLSON (at the request of Oregon
Speech-Language Hearing Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Defines speech-language pathology assistant. Requires
{ - licensure of - } speech-language pathology
{ - assistants - } { + assistant to obtain certificate from
State Board of Examiners for Speech-Language Pathology and
Audiology + }. Directs { - State - } board { - of Examiners
for Speech-Language Pathology and Audiology - } to establish
{ - licensing - } { + certification + } system. { + Allows
board to grant certificate to applicant who presents proof of
current certificate in state or territory that has standards
equivalent to Oregon's. + }
A BILL FOR AN ACT
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. + }
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