Chapter 698 Oregon Laws 2005

AN ACT

HB 2065

Relating to State Board of Examiners for Speech-Language Pathology and Audiology; creating new provisions; amending ORS 681.205, 681.220, 681.230, 681.260, 681.270, 681.280, 681.300, 681.320, 681.325, 681.340, 681.350, 681.360, 681.375, 681.400, 681.410, 681.420, 681.450, 681.480, 681.490, 681.505 and 681.605; repealing ORS 681.470; and declaring an emergency.

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] the 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] State Board of Examiners for Speech-Language Pathology and Audiology 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)] (3) “Conditional license” means a license issued to an applicant under ORS 681.325.

[(5)] (4) “Practice audiology” means:

(a) 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.

(b) To fit or sell [“Practice audiology” includes the fitting or selling of] hearing aids.

[(6)] (5) “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)] (6) “Speech-language pathologist” means [one] a person 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)] (7) “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)] (8) “Unethical conduct” means:

(a) [The] Obtaining [of] any fee by fraud or misrepresentation.

(b) Employing directly or indirectly any [suspended or unlicensed person] person who is unlicensed or whose license is suspended 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] that 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] a person other than the license or conditional license holder to use the license or conditional license.

(f) [Violation of] Violating the [code of ethics] ethical standards of practice adopted [and published] by the board under ORS 681.420.

SECTION 2. ORS 681.220 is amended to read:

681.220. It is declared to be a policy of this state that it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public[,] in order to:

(1) Safeguard the public health, safety[,] and welfare[, and to];

(2) Protect the public from being misled by incompetent, unscrupulous[,] and unauthorized persons[, and to];

(3) Protect the public from unprofessional conduct by qualified speech-language pathologists and audiologists[,]; and

(4) [To] Help [assure] ensure 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].

SECTION 3. ORS 681.230 is amended to read:

681.230. (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.]

(2) Nothing in this chapter is intended to restrict or prevent a person from engaging in speech-language pathology or audiology activities or from using the official title of the position for which the person is employed if the person:

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

(B) Is employed by an education service district, a school district or a charter school; 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) [Persons performing] A person who performs activities described in subsection (2) of this section who [are] is not licensed under this chapter must do so solely within the confines of or under the jurisdiction of the organization in which [they are] the person is employed and [shall] may not offer to render speech-language pathology or audiology services to the public for compensation over and above the salary [they receive] the person receives for performance of [their] the person’s official duties with organizations in which [they are] the person is employed. However, without obtaining a license under this chapter, [such persons] a person may consult or disseminate [their] the person’s research findings and scientific information to other [such] accredited academic institutions or governmental agencies. [They] The person 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] a fee [shall] may not accrue directly or indirectly to the student. [Such persons] A student shall be designated by [such] a title such 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] a fee may not accrue directly or indirectly to the student. [Such persons] The student shall be designated by [such] a title such 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 specialist from consulting with respect to the selling of hearing aids [according to] under ORS chapter 694.

(8) Nothing in this chapter is intended to exempt an audiologist from licensure under ORS 694.025.

(9) Notwithstanding subsections (4) and (5) of this section, the State Board of Examiners for Speech-Language Pathology and Audiology may adopt rules authorizing payment of a stipend to students of speech-language pathology and students of audiology who are pursuing a course of study at an approved college or university or an approved clinical training facility.

SECTION 4. ORS 681.260 is amended to read:

681.260. (1) [To be] An applicant is 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] if the applicant:

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

[(2)] (b) [Submit] Submits transcripts from one or more approved colleges or universities presenting evidence of the completion of at least 60 semester hours constituting a well-integrated program that includes at least 18 semester hours in courses that provide fundamental information applicable to normal development and use of speech, hearing[,] and language, and at least 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)] (c) [Submit] Submits 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] must be obtained within the training institution or in one of its cooperating programs.

[(4)] (d) [Present] Presents 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, or its part-time equivalent, that is pertinent to the speech-language pathologist license [being sought]. For purposes of this paragraph, “full-time” means at least nine months in a calendar year and a minimum of 30 hours per week[.], and “part-time equivalent” means:

([a)] (A) 15 to 19 hours per week during a period of at least 72 weeks.

[(b)] (B) 20 to 24 hours per week during a period of at least 60 weeks.

[(c)] (C) 25 to 29 hours per week during a period of at least 48 weeks.

[(5)] (e) [Pass] Passes 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] determines. An applicant who fails the examination 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 credit for 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 requested; and

(d) At least 30 semester hours must be in courses acceptable toward a graduate degree by the college or university in which those courses are taken.

SECTION 5. Section 6 of this 2005 Act is added to and made a part of ORS chapter 681.

SECTION 6. (1) An applicant is eligible for licensing by the State Board of Examiners for Speech-Language Pathology and Audiology as an audiologist if the applicant:

(a) Possesses a Doctor of Audiology degree from an educational institution accredited by a body recognized by the United States Department of Education and submits transcripts from the educational institution that awarded the Doctor of Audiology degree to the applicant; or

(b) Possesses a master’s degree or equivalent in the area of audiology from an approved college or university and submits all of the following to the board:

(A) Transcripts from one or more approved colleges or universities presenting evidence of the completion of at least 60 semester hours constituting a well-integrated program that includes at least 18 semester hours in courses that provide fundamental information applicable to normal development and use of speech, hearing and language, and at least 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 those fields.

(B) 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 must be obtained within the training institution or in one of its cooperating programs.

(C) Written evidence from a licensed or certified audiologist supervisor of nine months of full-time post-educational professional employment, or its part-time equivalent, that is pertinent to an audiology license. For purposes of this subparagraph, “full-time” means at least nine months in a calendar year and a minimum of 30 hours per week, and “part-time equivalent” means:

(i) 15 to 19 hours per week during a period of at least 72 weeks.

(ii) 20 to 24 hours per week during a period of at least 60 weeks.

(iii) 25 to 29 hours per week during a period of at least 48 weeks.

(2) Of the 42 semester hours required under subsection (1)(b) of this section:

(a) No fewer than six semester hours may be in speech-language pathology;

(b) No more than six semester hours may be in courses that provide academic credit for 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 requested; and

(d) At least 30 semester hours must be in courses acceptable toward a graduate degree by the college or university in which those courses are taken.

(3) In addition to meeting the requirements under subsection (1) of this section, an applicant must pass an examination approved by the board. The board shall determine the subject and scope of the examinations. Written examinations may be supplemented by oral examinations as the board determines. An applicant who fails the examination may be reexamined at a subsequent examination.

SECTION 7. ORS 681.270 is amended to read:

681.270. (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] in the manner prescribed by the board.

(3) The application required by this section shall be accompanied by a nonrefundable application fee [prescribed by ORS 681.340] established by the board.

SECTION 8. ORS 681.280 is amended to read:

681.280. [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.]

(1) A speech-language pathologist 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 without a valid license pending disposition of the application.

(2) An audiologist who is certified by the American Board of Audiology or 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 an audiologist without a valid license pending disposition of the application.

SECTION 9. ORS 681.300 is amended to read:

681.300. [(1)] The State Board of Examiners for Speech-Language Pathology and Audiology may waive the examination described in ORS 681.290 and grant a license to:

(1) [applicants who present] An applicant who presents proof of a current license in a state [which] that has standards equivalent to [those] the standards of this state.

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

(3) An audiology applicant who is certified by the American Board of Audiology.

SECTION 10. ORS 681.320 is amended to read:

681.320. (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] by the board. The application shall include the following:

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

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

(2) [No] A person who applies for renewal and whose license has expired[, shall] may not 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 of the license.

(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] that 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] the license 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] a delinquency fee, if any, accrued at the time of [its] revocation of the license.

(5) A person who fails to renew a license within the four years after its expiration may not renew [it, and] the license. The license [shall] may 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 and rules adopted by the board.

SECTION 11. ORS 681.325 is amended to read:

681.325. (1) [The purpose of] A conditional license [is to permit] permits an individual to practice speech-language pathology or audiology while [completing] the person completes 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 or section 6 of this 2005 Act; 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] a speech-language pathologist or audiologist under this chapter.

[(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)] (3) A conditional license expires on the first anniversary of its effective date.

[(5)] (4) 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

SECTION 12. ORS 681.340 is amended to read:

681.340. (1) The State Board of Examiners for Speech-Language Pathology and Audiology may, by rule, impose [the following] fees [in connection with a license or conditional license as a speech-language pathologist or audiologist] for the following:

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

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

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

(3) Fees established by the board under subsection (1) of this section shall be in accordance with ORS 291.050 to 291.060.

[(3)] (4) The fees collected by the board [shall be] are exclusive and [no] a municipality [shall have the right to] may not require any person licensed under the provisions of this chapter to furnish any bond or pass any examination.

SECTION 13. ORS 681.350 is amended to read:

681.350. (1) The State Board of Examiners for Speech-Language Pathology and Audiology may refuse to issue or renew 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] Obtained or attempted to obtain 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 any ethical standards of practice established [pursuant to] under ORS 681.420 [(5)].

(d) [Violating] Violated any provisions of this chapter.

(e) Been disciplined by a professional licensing board in another state or in this state.

(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] An applicant, a licensee or a conditional licensee is entitled to an opportunity for a hearing that complies with all applicable requirements of ORS chapter 183 before the board takes final action under subsection (1) of this section.

[(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.]

(3) A person whose license has been revoked or whose application for a license has been denied may apply for reinstatement or licensure only under conditions, if any, set forth in the board’s final order of revocation or denial of license.

(4) In disciplining a licensee or a conditional licensee, the board may impose any disciplinary action the board finds proper, including assessment of costs of the disciplinary proceedings as a civil penalty.

SECTION 14. ORS 681.360 is amended to read:

681.360. (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] under 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;

(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] person 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.]

(5) The board may establish by rule criteria under which a person not licensed under ORS chapter 681 who holds a basic or standard teaching license in speech impaired or an initial or continuing teaching license in communication disorders issued by the Teaching Standards and Practices Commission may supervise a speech-language pathology assistant working in a school.

(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 15. ORS 681.375 is amended to read:

681.375. 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.

(5) Clarification of the differences between the scope of duties of speech-language pathology assistants and of educational assistants as described in ORS 681.360 (5).

SECTION 16. ORS 681.400 is amended to read:

681.400. (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.

SECTION 17. ORS 681.410 is amended to read:

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

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

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

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

(e) Two members [shall] must 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.

SECTION 18. ORS 681.420 is amended to read:

681.420. 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 executive director or chairperson [or secretary] of the board and stamped with the seal, shall be prima facie evidence of the truth of such documents.

SECTION 19. ORS 681.450 is amended to read:

681.450. (1) 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] appoint an executive director and prescribe the duties and fix the compensation of the executive director.

(2) The executive director shall keep all records of the board and discharge any other duties that the board may prescribe.

(3) The executive director may, within guidelines established by the Oregon Department of Administrative Services, hire employees and enter into contracts for specific services necessary to carry out the administration of this chapter.

SECTION 20. ORS 681.480 is amended to read:

681.480. (1) The State Board of Examiners for Speech-Language Pathology and Audiology Account is established in the State Treasury separate and distinct from the General Fund.

(2) All moneys received by the [Department of Human Services] State Board of Examiners for Speech-Language Pathology and Audiology under this chapter shall be paid into the [Public Health Account in the General Fund in the State Treasury and such moneys hereby] State Board of Examiners for Speech-Language Pathology and Audiology Account and are appropriated continuously for the administration and enforcement of this chapter.

SECTION 21. ORS 681.490 is amended to read:

681.490. (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:

(a) May, upon its own motion, investigate any alleged violation of this chapter.

(b) Shall, upon the complaint of any resident of this state, 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.

(5) In addition to or in lieu of any other sanction permitted under this chapter, the board may impose a civil penalty of up to $5,000 for each violation of the provisions of this chapter or rules adopted by the board under this chapter. A civil penalty imposed under this section shall be imposed in the manner provided in ORS 183.745.

SECTION 22. ORS 681.505 is amended to read:

681.505. (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] A 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 applicant, licensee or conditional licensee of the board[, shall be] is not answerable for any such act in any proceeding except for perjury.

SECTION 23. ORS 681.605 is amended to read:

681.605. [No] A licensed audiologist [shall] may not deal in hearing aids, as [those terms are] that term is defined in ORS 694.015, unless the audiologist is [registered] licensed in accordance with ORS [chapter 694] 694.085.

SECTION 24. ORS 681.470 is repealed.

SECTION 25. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.

Approved by the Governor August 3, 2005

Filed in the office of Secretary of State August 3, 2005

Effective date August 3, 2005

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