335-005-0025 Accurate Representation (1) Individuals shall not misrepresent their credentials, competence, education, training, or experience. (2) Individuals shall not misrepresent the credentials of assistants and shall inform those they serve professionally of the name and professional credentials of persons providing services. (3) Individuals shall not transfer to a noncertified individual any responsibility which requires the unique skills, knowledge, and judgment that is within the scope of practice of that professional. (4) Individuals shall not misrepresent diagnostic information, services rendered, or products dispensed or engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for such services or products. (5) Individuals' statements to the public shall provide accurate information about the nature and management of communication disorders, about the professions, and about professional services. (6) Individuals' statements to the public advertising, announcing, and marketing their professional services, reporting research results, and promoting products shall adhere to prevailing professional standards and shall not contain misrepresentations. (7) Individuals shall not engage in any scheme or enter into any arrangement whereby clients are referred to or from any person or business entity in return for any remuneration of any kind, including referrals back to the person or business entity. (8) Individuals shall not engage in dishonesty, fraud, misrepresentation, or any form of conduct that adversely reflects on the individual's fitness to serve persons professionally. (9) Individuals' statements to colleagues about professional services, research results, and products shall contain no misrepresentations. (10) Audiology licensees may not consult with, contract with, or be employed by a business that dispenses hearing aids if the business holds itself out as having an audiologist on staff or providing audiology services unless audiology licensees provide audiological services as follows: (a) The licensee, in combination with other audiology licensees or alone, performs audiology evaluations or hearing fitting services or both at each of the business locations that is advertised as having an audiologist on staff or providing audiology services; (b) The licensee, or the licensee and other licensees, are physically present for at least 30 hours per month at each of the business locations that is advertised as having an audiologist on staff or providing audiology services; and (c) The licensee keeps a record of the hours he or she spends at each of the business locations that is advertised as having an audiologist on staff or providing audiology services. (11) (a), (b), (c) above does not apply if audiologist licensees are the sole providers of hearing aids at a business location. (12) Except as described in section 13 of this rule, a licensee shall not sign, or authorize anyone else to sign on the licensee's behalf, letters or reports purporting to describe the function or condition of any person unless the licensee has personally performed testing of the person. (13) If support personnel or a student in supervised practicum provide services, the name of the assistant or the student and a description of duties performed must be clearly referenced in any formal documents (e.g. letters, treatment plans, reports) signed by the licensee. Statutory/Other Authority: ORS 681 Statutes/Other Implemented: ORS 681.330 History: SPA 1-2009, f. 6-9-09, cert. ef. 7-1-09 SPA 1-2006, f. & cert. ef. 5-8-06 SPA 1-2005, f. & cert. ef. 9-13-05 SPA 2-2004, f. & cert. ef. 5-26-04 SPA 1-2004, f. & cert. ef. 2-6-04 SPA 1-2001, f. & cert. ef. 3-12-01