335-005-0010 Definitions (1) Misrepresentation includes any untrue statements or statements that are likely to mislead. Misrepresentation also includes the failure to state any information that is material and that reasonably ought to be considered. (2) Unprofessional Conduct includes: (a) Failure or refusal of an applicant for a license from the Board or of a licensee of the Board to cooperate fully in any investigation conducted by the Board. (b) Making a false statement to the Board. (c) Attempting to obtain a license from the Board by means of fraud, misrepresentation, or concealment of material facts. (d) Sexual misconduct with a client. (e) Any act of theft, dishonesty or misrepresentation involving a client, another practitioner, third party providers, or a government agency. (f) Habitual or excessive use of intoxicants, drugs or controlled substances. (g) Assisting or permitting any person to practice speech-language pathology or audiology without a license. (h) Practicing speech-language pathology or audiology when impaired by drugs, alcohol or any other substance. (i) Verbal or physical abuse of a client. (j) Sexual harassment: Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (A) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (B) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (C) Such conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment. (k) Violating an employer’s ethics or conduct policy. (l) Conviction of a crime or admitting to an act that even in the absence of a conviction would constitute a crime. (m) Failing to report to this Board a misdemeanor or felony conviction or arrest for a felony crime within 10 days after the conviction or arrest. (n) Failing to immediately report to the Board any adverse action taken against a license or certificate holder by a state or federal agency; or another state speech-language pathology or audiology licensing agency; or professional association. (o) Unprofessional conduct as defined in ORS 676.150. (p) During a declared emergency, unprofessional conduct includes failing to comply with any applicable provision of a Governor’s Executive Orders or any provision of this rule. This includes, but is not limited to: (A) Operating a business required by an Executive Order to be closed; (B) Providing services at a business required by an Executive Order to be closed; (C) Failing to comply with Oregon Health Authority (OHA) guidance implementing an Executive Order, including but not limited to: (i) Failing to satisfy required criteria in OHA guidance prior to resuming elective and non-emergent procedures; (ii) Failing to implement a measured approach when resuming elective and non-emergent procedures in accordance with OHA guidance; (D) Failing to comply with any Oregon State agency guidance implementing an Executive Order; (3) “Telepractice” is the application of telecommunications technology to delivery of professional services at a distance for assessment, intervention, and/or consultation. “Telepractice” means, but is not limited to, telehealth, telespeech, teleSLP, telehear, telerehab, teletherapy, teleswallow, teleaudiology when used separately or together. (a) “Patient” or “client” means a consumer of telepractice services. (b) “Telepractice service” means the application of telecommunication technology to deliver audiology and/or speech-language pathology services at a distance for assessment, intervention and/or consultation. (c) “Client/patient site” means the location of the patient or client at the time the service is being delivered via telecommunications. (d) “Clinician site” means the site at which the audiologist or speech-language pathologist delivering the service is located at the time the service is provided via telecommunications. Statutory/Other Authority: ORS 681 Statutes/Other Implemented: ORS 681.330 History: SPA 1-2021, amend filed 02/17/2021, effective 02/17/2021 SPA 2-2020, temporary amend filed 09/14/2020, effective 09/14/2020 through 03/12/2021 SPA 1-2019, amend filed 08/01/2019, effective 09/05/2019 SPA 2-2012, f. & cert. ef. 12-14-12 SPA 2-2011, f. & cert. ef. 10-10-11 SPA 1-2009, f. 6-9-09, cert. ef. 7-1-09 SPA 2-2008, f. & cert ef. 4-10-08 SPA 1-2001, f. & cert. ef. 3-12-01