justicedao/ipfs_state_laws huggingface dataset:
331-490-0005 Standards of practice and professional responsibility (1) A licensed lactation consultant must: (a) Comply with applicable confidentiality laws pertaining to information obtained in the course of practice, supervision, teaching or research. (b) Comply with all local, state and federal laws concerning the practice of lactation consultation. (c) Abide by the following principles in the IBLCE’s Code of Professional Conduct (effective September 2015): Principle 1, Principle 2.2-2.5, Principle 3-6, Principle 7.2-7.3 and Principle 8.2. A copy of the IBLCE’s Code of Professional Conduct is available from the Office. (d) The following definitions apply to the IBLCE’s Code of Professional Conduct principles: (A) “IBCLC” means International Board Certified Lactation Consultants; (B) The following IBLCE’s Code of Professional Conduct definitions and interpretations: 1 and 3-6. (2) A licensed lactation consultant must not: (a) Discriminate in professional relationships with colleagues and clients because of race, ethnicity, language, religion, marital status, gender, gender identity or expression, sexual orientation, age, ability, socioeconomic status or political affiliation. (b) Accept gratuities, gifts or favors that could interfere with decisions or judgment. (c) Take financial advantage of a client or a client’s family. (3) Failure to comply with these standards constitutes unprofessional conduct, and an authorization holder engaging in such conduct may be subject to discipline under ORS 676.612. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 History: HLO 23-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 3-2017, adopt filed 11/01/2017, effective 12/01/2017
331-495-0005 Investigative authority The Office may initiate and conduct investigations relating to the practice of lactation consultation, and may take appropriate disciplinary action in accordance with the provisions of 676.612 and 676.992. Statutory/Other Authority: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 Statutes/Other Implemented: ORS 676.560, ORS 676.565 & ORS 676.665-676.689 History: HLO 24-2018, minor correction filed 02/02/2018, effective 02/02/2018 HLO 3-2017, adopt filed 11/01/2017, effective 12/01/2017
331-640-0005 Hearing Aid Specialist Training (HAST) Program The Hearing Aid Specialist Training (HAST) program is the program established for prospective applicants to meet the Office’s training and experience requirements under ORS 694.065(1)(a). An individual in the HAST program must complete the program in no less than 6 months and no more than 1 year; it includes: (1) 520 hours of practical training under the direct supervision of a Registered Trainee Supervisor including: (a) 60 hours in audiometric testing; (b) 60 hours in counseling regarding hearing examination; (c) 60 hours in hearing aid selection; (d) 60 hours in ear-mold impressions; (e) 180 hours in hearing aid fitting and follow-up care; (f) 60 hours in business practices, including ethics and regulations and sanitation and infection control; and (g) 40 hours in electives in any of the (a-e) categories (2) Completion of the IHS’s Distance Learning Program for Professionals in Hearing Health Sciences. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0006 Trainee Supervisor Requirements A trainee supervisor is a person who supervises an individual who has a trainee registration. A trainee supervisor must: (1) Meet the requirements of either (1)(a) or (1)(b) of this section: (a) Be an audiologist licensed under ORS Chapter 681 who has been licensed and practicing for at least four years; or (b) Hold an active hearing aid specialist license and who has been actively practicing for at least four years; and (A) Have no unresolved or outstanding disciplinary actions; and (B) Attest to completing the IHS Distance Learning Program for Professionals in Hearing Health Sciences; or (C) Attest to having three or more years of National Board Certification. (2) Retain all training forms for two years and make them available to the Office upon request. (3) Not provide direct supervision to more than four trainees. (4) Not provide training as outlined in OAR 331-640-0005 until the Office has received a trainee registration agreement and Declaration of Responsibility for the trainee being supervised. (5) Include the supervisor’s name, license number, and date of review next to the trainee’s signature on any audiogram, order form, chart notes and any other hearing aid service documentation. (6) Notify the Office in writing within five calendar days if the trainee is no longer being supervised, and must provide a Certification of Training form to the Office showing the number of hours of training completed. (7) Not allow a trainee to obtain experience and training in connection with the supervisor’s practice without a valid trainee registration. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0011 Trainee Registration (1) A hearing aid specialist trainee registration authorizes the holder to obtain the experience and training under the direct supervision of a qualified trainee supervisor. (2) A hearing aid specialist trainee registration is valid for one year, expiring on the last day of the month one year from the date of issuance and cannot be renewed. (3) A trainee’s Declaration of Responsibility form signed by the trainee supervisor must be received by the Office prior to beginning work. (4) To change trainee supervisors, a trainee’s new Declaration of Responsibility form, signed by the new trainee supervisor, must be received by the Office prior to beginning work. (5) A trainee must notify the Office within five calendar days if they are no longer under supervision. (6) A hearing aid specialist trainee registration becomes invalid after the training program is completed. (7) A hearing aid specialist trainee must adhere to all standards of practice and professional conduct listed in 331-670-0005 through 331-670-0020. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0016 Trainee Registration Application An individual applying for Trainee registration must: (1) Meet the requirements of OAR 331 division 30; (2) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000, and be accompanied by payment of all required fees. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0020 Temporary Licensee Supervisor Requirements A temporary licensee supervisor is a person who supervises a temporary license holder who has not yet passed the examination, but who otherwise meets the qualifications for licensure. A temporary licensee supervisor must: (1) Meet the requirements in either (1)(a) or (1)(b) of this section: (a) Be an audiologist under ORS Chapter 681 who has been licensed and practicing for at least three years; or (b) Hold an active Oregon hearing aid specialist license; and (A) Have no unresolved or outstanding disciplinary actions; and (B) Have been a licensed hearing aid specialist and actively practicing for at least three years. (2) Provide indirect supervision over the testing, fitting or selling of a hearing aid by a temporary hearing aid specialist. (3) Approve the temporary hearing aid specialist’s work before ordering the recommended hearing aid(s). (4) Include the supervisor’s name, license number, and date of review next to the temporary license holder’s signature on any audiogram, order form, chart notes, statement to prospective hearing aid purchaser, and any other hearing aid service documentation. (5) Not provide training until the Office has received a temporary license application and Declaration of Responsibility for the temporary licensee being supervised. (6) Notify the Office in writing within five calendar days if the temporary licensee is no longer being supervised. (7) Not provide indirect supervision to more than four temporary licensees. (8) Not allow a temporary license holder to work in connection with the supervisor’s practice without a valid temporary license. Statutory/Other Authority: ORS 694.015-694.170 & 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0025 Temporary License (1) A temporary hearing aid specialist license is for individuals who have not yet passed the examinations, but who otherwise meet the qualifications for permanent licensure. It authorizes the holder to work under the indirect supervision of a qualified temporary licensee supervisor. (2) A temporary hearing aid specialist license is valid for one year and expires on the last day of the month one year from the date of issuance and can be renewed once; the renewal notice must be received by the Office prior to the license becoming inactive. (3) A temporary hearing aid specialist licensee’s Declaration of Responsibility form signed by the temporary licensee supervisor must be received by the Office prior to the licensee beginning work. (4) A temporary hearing aid specialist license becomes invalid upon passage of the three exams listed in OAR 331-650-0045. (5) To change temporary licensee supervisors, a temporary license holder’s new Declaration of Responsibility form, signed by the new temporary licensee supervisor, must be received by the Office prior to the licensee beginning work. (6) A temporary license holder must notify the Office within five calendar days if the holder is no longer under supervision. (7) A temporary license holder must not work without a temporary licensee supervisor and without the Office having received a completed Declaration of Responsibility form. (8) A temporary hearing aid specialist licensee must adhere to all standards of practice and professional conduct listed in 331-670-0005 through 331-670-0020. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 4-2019, amend filed 03/29/2019, effective 04/15/2019 HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0030 Temporary License Application An individual applying for a temporary license must: (1) Meet the requirements of OAR 331 Division 30; (2) Provide proof of having completed: (a) The 520 hours of practical training as described in 331-640-0005 (1), or the equivalent as evaluated by the Office; and (b) the IHS’s Distance Learning Program for Professionals in Hearing Health Sciences. (3) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of all required fees. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 4-2019, amend filed 03/29/2019, effective 04/15/2019 HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0035 Hearing Aid Specialist License (1) A hearing aid specialist license holder, licensed under ORS 694.085, may deal in hearing aids defined under ORS 694.015 (2) and (3). (2) A hearing aid specialist license is good for one year, and is eligible for renewal. The license becomes inactive on the last day of the month one year from the date of issuance. (3) A hearing aid specialist licensee must adhere to all standards of practice and professional conduct listed in 331-660-0005 through 331-660-0020. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0045 Examinations (1) The Office and Council-approved examinations for licensure are the IHS written examination, the Oregon Laws and Rules written examination, and the Oregon-administered practical examination. The Office may waive the Oregon-administered practical examination if the applicant has passed a practical examination outside of Oregon and that the Office has found to be sufficiently thorough to determine the qualifications, fitness, and ability of the applicant to practice as a hearing aid specialist. (2) To take the examinations, an applicant must meet identification requirements listed under OAR 331-030-0000. (3) Examination candidates may be electronically monitored during testing. (4) The Council will establish a maximum time allowance for each section of the Office-administered examination. (5) Only items and materials required by the Office are allowed in the examination area. (6) A candidate may be disqualified at any point during an examination; the examination may be invalidated and examination fees may be forfeited. Disqualifying conduct includes, but is not limited to: (a) Directly or indirectly giving, receiving, soliciting, and attempting to give, receive or solicit aid during the examination. (b) Violations of subsection (6) of this rule. (c) Removing or attempting to remove any examination-related information, notes or materials from the examination site. (7) The applicant may be required to reapply, submit additional examination fees, and submit a written request to schedule another examination if the applicant is disqualified from taking the examination. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0050 Office-Administered Practical Examination Requirements Before an individual can apply to take the Office-administered practical examination, they must: (1) Complete the training program pursuant to 331-640-0005; or (2) Meet the requirements in ORS 694.065 (1)(b) or (1)(c). Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 15-2022, amend filed 08/29/2022, effective 09/01/2022 HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0055 Office-Administered Practical Examination Retakes (1) All practical examination retakes are subject to examination fees and an approved examination schedule set by the Office. (2) If an applicant has not passed the practical examination after four attempts, the applicant must request permission from the Council to take the examination again. (3) If the applicant does not pass the examination on the fifth attempt, the applicant may be required to take additional training. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-650-0060 License Renewal (1) To avoid late-renewal fees, license renewal must be made prior to the license entering inactive status. The licensee must submit: (a) Renewal application form; (b) Payment of required renewal-of-license fee pursuant to OAR 331-655-0000; and (c) Documentation of having obtained required annual continuing education on an Office-approved form. (2) A license may be inactive for up to three years. When renewing after entering inactive status, the licensee must submit: (a) Renewal application form; (b) Payment of renewal of license fee and late renewal of license fee pursuant to OAR 331-655-0000; (c) Documentation of having obtained required annual continuing education on an Office-approved form; the annual continuing education must be obtained for each year even if the license was inactive. (3) A license that has been inactive for more than three years is expired; the applicant must reapply and meet the current licensing requirements. (4) A hearing aid specialist may not practice with an inactive or expired license. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-655-0005 Fees (1) Applicants and licensees are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees, penalties and charges. (2) Fees established by the Office are: (a) Application: (A) License: $125. (B) Temporary license: $150. (C) Trainee registration: $100. (b) Examinations: (A) Oregon laws and rules: $50. (B) Written: $150. (C) Practical: $175. (c) Original issuance of license: (A) License: $125 for one year. (B) Temporary license: $100. (d) Renewal of license: (A) License: $125 for one year. (B) Temporary license: $100 (e) Late renewal of license: $40 per year, up to $120 for three years. (f) Replacement of license, including name change: $25. (g) Duplicate license document: $25 per copy. The Office will not issue more than three duplicate license documents. (h) Affidavit of licensure: $50. (i) An additional $25 administrative processing fee will be assessed if a NSF or non-negotiable instrument is received for payment of fees, penalties or charges. (3) Retakes of Oregon laws and rules examination will be discounted $50. (4) Retakes of the Oregon-administered practical examination will be discounted $175. (5) Individuals who renew online will receive a $75 discount. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 7-2019, amend filed 07/12/2019, effective 08/01/2019 HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-660-0005 Continuing Education: Requirements (1) To maintain licensure, a hearing aid specialist must complete at least 12 hours of continuing education (CE) every year. Credit hours obtained in excess of those required for the one-year reporting period may not be carried forward. (2) A licensee must document compliance with the CE requirement through attestation on the license renewal application. A licensee is subject to provisions of OAR 331-660-0011 pertaining to periodic audit of continuing education. (3) CE must be obtained through a course provided by an accredited college or university, a course or program approved by the IHS, or an Office pre-approved course or program. (4) CE must address subject matter related to dealing in hearing aids as the phrase is defined in ORS 694.015(2) and (3). (5) CE credit will be awarded as follows: (a) Academic courses from an accredited college or university are awarded 15 hours for each semester-based credit earned, 14 hours for each trimester-based credit earned, or 10 hours for each quarter-based credit earned; (b) Office-approved professional courses will be assigned 15 hours for each semester-based credit earned, 14 hours for each trimester-based credit earned or 10 hours for each quarter-based credit earned. The Office will evaluate each course for its academic requirements in content, instruction and evaluation in relation to dealing in hearing aids; and (c) Courses that do not meet standards as set forth in paragraphs (a) and (b) of this subsection, are assigned credit at the rate of one hour for each hour of attendance. (6) Licensees must complete a two-hour course in Safety and infection Control once every two years. (7) A licensee must maintain documentation supporting the licensee’s compliance with CE requirements for two years following renewal, and must make documentation available to the Office upon request. Documentation must meet the requirements stated in OAR 331-660-0011. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-660-0011 Continuing Education: Audit, Required Documentation and Sanctions (1) The Office will audit a percentage of licenses to verify compliance with continuing education requirements. (2) If selected for audit, the licensee must provide documentation of the continuing education obtained. The documentation must include: (a) For courses provided by an accredited college or university – An official transcript from the accredited college or university, or professional credentialing institution; (b) For IHS-approved programs or courses – A certificate of completion that includes the IHS approval number; or (c) For Office pre-approved programs or courses – A certificate of completion or other agency approved documentation that includes the agency pre-approval number. (3) If continuing education documentation is incomplete, the licensee has 30 calendar days from the date of notice to submit further documentation to substantiate having completed the required continuing education. (4) Failure to meet continuing education requirements shall constitute grounds for disciplinary action, which may include, but is not limited to, assessment of a civil penalty and suspension or revocation of the license. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018
331-670-0005 Licensee's Duties Pertaining to Service Areas A licensee must: (1) Ensure all areas where clients receive services are kept clean and in good repair; (2) Maintain a disinfected area where cleaning of reusable instruments is performed; (3) Ensure all counters and work surfaces where instruments and equipment that may come in contact with clients are non-absorbent, non-porous, and disinfected after each use. (4) Ensure that no cross-contamination occurs. (5) Ensure pets or other animals are not permitted in the service areas. This prohibition does not apply to service animals recognized by the American with Disabilities Act; (6) Ensure all disinfecting solutions or agents be kept at adequate strengths according to manufacturer’s instructions to maintain effectiveness, be free of foreign material and be available for immediate use at all times when the business is open; (7) Ensure chemicals are stored in labeled, closed containers; (8) Use equipment and instruments in a manner described in the manufacturer’s instructions that is consistent with the manufacturer’s intended use of the device by the U.S. Food and Drug Administration. (9) Calibrate audiometric testing equipment annually, and keep calibration documentation on file and make documentation available to the Office upon request. (10) Keep audiometric testing equipment in proper working order with a biologic check daily prior to use. (11) Comply with all applicable rules and regulations of the Office and other federal, state, county and local agencies. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018