justicedao/ipfs_state_laws huggingface dataset:
334-020-0055 Communicable Disease Control (1) All therapists must always practice communicable disease prevention and control. (2) LMT’s are required to follow the communicable disease guidelines as adopted by the Board. (3) The Oregon Health Authority (OHA) has adopted certain rules to control the communicable disease COVID-19. Unprofessional conduct pursuant to OAR 334-040-0010 (17), (22) and 25 ( C)(f) includes failing to comply with any applicable provision of an OHA COVID-19-related rule or any provision of this rule. (4) Failing to comply as described in subsection (1) includes, but is not limited to: (a) Failing to comply with OHA’s rules requiring masks, face coverings or face shields, including [OAR 333-019-1011(healthcare), if applicable; (b) Failing to comply with OHA’s rules requiring vaccinations, including OAR 333-019-1010 (healthcare), if applicable. Note, a Healthcare setting is defined as “any place where health care, including physical or behavioral health care is delivered and includes, but is not limited to any health care facility or agency licensed under ORS chapter 441 or 443, such as hospitals, ambulatory surgical centers, birthing centers, special inpatient care facilities, long-term acute care facilities, inpatient rehabilitation facilities, inpatient hospice facilities, nursing facilities, assisted living facilities, residential facilities, residential behavioral health facilities, adult foster homes, group homes, pharmacies, hospice, vehicles or temporary sites where health care is delivered (for example, mobile clinics, ambulances), and outpatient facilities, such as dialysis centers, health care provider offices, behavioral health care offices, urgent care centers, counseling offices, offices that provide complementary and alternative medicine such as acupuncture, homeopathy, naturopathy, chiropractic and osteopathic medicine, and other specialty centers.” Or; (c) See definition of healthcare setting in OAR 333-019-1010. (5) No disciplinary action or penalty action shall be taken under this rule if the rule alleged to have been violated is not in effect at the time of the alleged violation. (6) Civil penalties for violating this rule include: Imposition of discipline for violating this rule includes: $500 civil penalty. Any such civil penalties or discipline shall be imposed in accordance with ORS Ch. 183. Statutory/Other Authority: ORS 687.121 Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121 History: BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022 BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09 BMT 2-1998, f. & cert. ef. 7-22-98 MTB 1-1992, f. & cert. ef. 7-28-92 (and corrected 8-6-92), Renumbered from 334-010-0080 MTB 1-1986, f. & cert. ef. 1-29-86 MTB 1-1979, f. & cert. ef. 5-22-79 HB 88, f. & cert. ef. 3-16-56, Renumbered from 333-035-0032
334-030-0001 Preamble and Fundamental Canon (1) In order to safeguard the health, safety and welfare of the citizens of Oregon and to establish and maintain a high standard of integrity and practice, the following Standards of Professional Conduct must be binding on every person holding a license to practice massage in this state. (2) The Standards of Professional Conduct as promulgated herein are an exercise of the authority vested in the Board by acts of the legislature. (3) All persons licensed under ORS 687 are charged with having knowledge of the existence of these Standards of Professional Conduct and must be deemed to be familiar with their provisions and to understand them. Such knowledge must encompass the understanding that the practice of massage is a privilege as opposed to a right. (4) The Board may establish guidelines for ethical decision-making that are congruent with the standards of professional conduct promulgated by the Board. Such guidelines may be modified or revised at the Board's discretion. The Board must use current standards of practice and codes of ethics in the field of massage and bodywork as well as relevant statutes and regulations in establishing guidelines for ethical decision-making. A copy of any such guidelines or change must be published in the Board's newsletter and relevant professional publications in the field of massage and bodywork. (5) All LMT’s, in the fulfillment of their professional duties, must comply with the Standards and Objectives of Professional Conduct. Statutory/Other Authority: ORS 687.011 & 687.081 Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121 History: BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12 BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09 BMT 2-1998, f. & cert. ef. 7-22-98
334-040-0001 Complaints (1) Every licensee having information regarding a possible violation of the rules or statutes governing massage must cooperate with the Board in furnishing such information and must assist the Board, in order that appropriate investigative, corrective or disciplinary action may be taken. (2) Anyone may submit a complaint against a licensed or unlicensed person. A complaint may be submitted anonymously. Complainants are kept confidential. (3) A preliminary review of the complaint must be made by the Board or its representative, to assure there is sufficient evidence to justify proceeding to investigate and to determine if the allegations against the Respondent are such that, if proven, could result in disciplinary action being imposed by the Board. (4) If the complaint is considered to be valid, the Board must then proceed as follows: (a) The Board or its representative may notify the Respondent of the allegations by mail and request written response. Written responses must be received by the Board within two weeks after the notification was first mailed, unless an extension is authorized by the Board. In the event no written response is received the Board may evaluate the complaint using available evidence; or (b) The Board or its representative may refer the complaint to the Board's designated authority for additional investigation. (5) The Board must evaluate all evidence obtained; including any documents or comments received from the Respondent and the Board must proceed as follows: (a) If the evidence is insufficient to justify further proceedings, the Complainant and Respondent must be so notified in writing. (b) If the evidence is sufficient to justify further proceedings, the Board must consider and take appropriate action at a regular or special meeting. Statutory/Other Authority: ORS 687.081 & 687.121 Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121 History: BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12 BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
335-001-0000 Notice of Proposed Rule In addition to such other rulemaking requirements established by law, the Board will also furnish notice of its intended rulemaking to: (1) Oregon Speech Language Hearing Association; (2) Oregon State Department of Education; (3) Oregon Medical Association; (4) Oregon Hearing Society; (5) Oregon Academy of Otolaryngology; (6) Oregon Academy of Speech Pathology and Audiology; (7) Oregon Academy of Audiology; (8) Oregon Advisory Council on Hearing Aids; (9) Those persons on the Agency mailing list. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.335 History: SPA 2-2007, f. & cert. ef. 2-9-07 SPA 5-2006, f. & cert. ef. 11-3-06 SPA 1-2001, f. & cert. ef. 3-12-01 SPA 2, f. & ef. 7-29-76
335-001-0005 Model Rules of Procedure The Board adopts the Attorney General’s Model Rules, Oregon Administrative Rule Chapter 137, division one, division four and Oregon Administrative Rules 137-003-0501 to 137-003-0700. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Board of Examiners for Speech-Language Pathology and Audiology.] Statutory/Other Authority: ORS 681.420(5) Statutes/Other Implemented: ORS 183.341 History: SPA 1-2008, f. & cert. ef. 4-10-08 SPA 2-2007, f. & cert. ef. 2-9-07 SPA 5-2006, f. & cert. ef. 11-3-06 SPA 1-2001, f. & cert. ef. 3-12-01 SPA 1-1996, f. & cert. ef. 6-7-96 SPA 1-1986, f. & ef. 9-9-86 SPA 1-1980, f. & ef. 9-2-80 SPA 2, f. & ef. 7-29-76
335-001-0007 Time for Requesting a Contested Case Hearing A request for a contested case hearing must be in writing and must be received by the Board within twenty-one days from the date the contested case notice was served. Statutory/Other Authority: ORS 681.420(5) Statutes/Other Implemented: ORS 183.341 History: SPA 1-2001, f. & cert. ef. 3-12-01
335-001-0008 Requesting a Hearing; Stating Claims and Defenses (1) When requesting a hearing, or within fourteen (14) days following a request for hearing, the person responding to the notice must admit or deny, in writing, all factual matters stated in the notice. Any factual matters not denied shall be presumed admitted. (2) When requesting a hearing, or within fourteen (14) days following a request for hearing, the person responding to the notice shall affirmatively state, in writing, any and all claims or defenses the person may have and the reason that supports the claim of defense. Failure to raise a claim or defense shall be presumed to be a waiver of such claim. (3) Evidence shall not be taken on any issue not raised in the notice and either the request for hearing or a subsequent statement within fourteen (14) days following the request for hearing as required in sections (1) and (2) of this rule. Statutory/Other Authority: ORS 681.420(5) Statutes/Other Implemented: ORS 183.341 History: SPA 1-2008, f. & cert. ef. 4-10-08
335-001-0009 Filing Exceptions and Argument to the Board A party adversely affected by a proposed order may file written exceptions and argument with the Board. To be considered by the Board, any exceptions and argument submitted by a party must be received by the Board within 21 days of the mailing date of the proposed order. Statutory/Other Authority: ORS 681.420(5) Statutes/Other Implemented: ORS 183.341 History: SPA 1-2011, f. 1-28-11, cert. ef. 2-1-11 SPA 1-2001, f. & cert. ef. 3-12-01
335-001-0011 Reconsideration and Rehearing — Contested Cases (1) A party may file a petition for reconsideration or rehearing of a final order in a contested case with the agency within 60 calendar days after the order is served. A copy of the petition shall also be delivered or mailed to all parties or other persons and agencies required by statute, rule, or order to receive notice of the proceeding. (2) The petition shall set forth the specific grounds for reconsideration or rehearing. The petition may be supported by a written argument. (3) A rehearing may be limited by the agency to specific matters. (4) The petition may include a request for stay of a final order if the petition complies with the requirements of OAR 137-003-0090(2). (5) The agency may consider a petition for reconsideration or rehearing as a request for either or both. The petition may be granted or denied by summary order and, if no action is taken, shall be deemed denied as provided in ORS 183.482. (6) Within 60 calendar days after the order is served, the agency may, on its own initiative, reconsider the final order or rehear the case. If a petition for judicial review has been filed, the agency must follow the procedures set forth in ORS 183.482(6) before taking further action on the order. The procedural and substantive effect of reconsideration or rehearing under this section shall be identical to the effect of granting a party's petition for reconsideration or rehearing. (7) Reconsideration or rehearing shall not be granted after the filing of a petition for judicial review, except in the manner provided by ORS 183.482(6). (8) A final order remains in effect during reconsideration or rehearing until stayed or changed. (9) Following reconsideration or rehearing, the agency shall enter a new order, which may be an order affirming the existing order. Statutory/Other Authority: ORS 681.420(5) Statutes/Other Implemented: ORS 183.341 History: SPA 1-2008, f. & cert. ef. 4-10-08 SPA 1-2001, f. & cert. ef. 3-12-01
335-001-0012 Board Compensation Compensation is set at $50. Statutory/Other Authority: ORS 681.410 & 292.495 Statutes/Other Implemented: ORS 681.410 History: SPA 3-2020, adopt filed 12/02/2020, effective 12/02/2020
335-005-0016 Tele-practice (1) Audiologists and speech-language pathologists who hold an Oregon license can provide telepractice services through telephonic, electronic, or other means, including diagnosis, consultation, treatment, transfer of health care information. Telepractice, whether the service is rendered from Oregon or delivered to Oregon, constitutes the practice of audiology or speech-language pathology and shall require state licensure. (2) Services delivered via telecommunication technology must be equivalent to the quality of services delivered face-to-face (i.e. in-person). (3) The telepractitioner is responsible for assessing the client’s candidacy for telepractice, including behavioral, physical, and cognitive abilities to participate in services provided via telecommunications. (4) Telepractice services must conform to professional standards including but not limited to ethical practice, scope of practice, professional policy documents, and other relevant federal, state, and institutional policies and requirements. (5) Telepractitioners must have the knowledge and skills to competently deliver services via telecommunication technology by virtue of education, training, and/or experience. (6) The use of technology—e.g., equipment, connectivity, software, hardware must be appropriate for the service being delivered and must be able to address the unique needs of each client. (7) Audio and video quality shall be sufficient to deliver services that are equivalent to in-person service delivery. (8) Telepractice service delivery includes the responsibility to ensure calibration of clinical instruments in accordance with standard operating procedures and the manufacturer’s specifications. (9) Prior to the initiation of telehealth services, a Licensee shall obtain the patient/client and if applicable, their parent or guardian’s consent to receive the services via telepractice. The consent may be verbal, written, or recorded and must be documented in the patient/client’s permanent record. The notification will include, but not be limited to, the right to refuse telepractice services, options for service delivery to the extent compliant with applicable Federal laws and regulations, and instructions on filing and resolving complaints. (10) Telepractitioners shall comply with all laws, rules, and regulations governing the maintenance of client records, including but not limited to HIPAA and FERPA, and client confidentiality requirements in the state where the client is receiving services, regardless of the state where the records of any client within this state are maintained. (11) Telepractice services may not be provided by correspondence only—e.g., mail, e-mail, fax—although these may be used in connection with telepractice. (12) When providing services via telepractice, the Licensee shall have procedures in place to address remote medical or clinical emergences at the patient/client’s location. Statutory/Other Authority: ORS 681 Statutes/Other Implemented: ORS 681.330, ORS 681.420 & ORS 681.460 History: SPA 1-2019, adopt filed 08/01/2019, effective 09/05/2019
335-005-0020 Professional Competence (1) Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience. (2) Individuals shall continue their professional development throughout their careers. (3) Individuals who supervise shall prohibit any of their professional staff from providing services that exceed the staff member's competence, considering the staff member's level of education, training, and experience. (4) Individuals shall ensure that all equipment used in the provision of services is in proper working order and is properly calibrated. (5) Individuals shall prohibit anyone under their supervision from engaging in any practice that violates the Professional and Ethical Standards. (6) Individuals shall not provide professional services without exercising independent professional judgment, regardless of referral source or prescription. (7) Individuals shall not discriminate in their relationships with colleagues, students, and members of allied professions on the basis of language, dialect, race, color, or ethnicity, religion, national origin, ancestry, age, sex, gender, gender identity and/or expression, sexual orientation, disability, military, veteran status, or any other protected classification recognized by applicable law. (8) Licensees will provide current home and business addresses and telephone numbers, an electronic mail address, and proof of legal name and any name used professionally within thirty (30) days of the effective date of change. (9) Individuals shall cooperate fully with the Board in every matter related to these Professional and Ethical Standards. (10) Speech-Language Pathology Assistants and Conditional Licensees shall report a change in supervisor within thirty (30) days of the effective date of change. Statutory/Other Authority: ORS 681 Statutes/Other Implemented: ORS 681.330 History: SPA 1-2022, amend filed 12/02/2022, effective 12/02/2022 SPA 1-2013, f. 4-1-13, cert. ef. 5-1-13 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
335-005-0030 Statement to Prospective Hearing Aid Consumer; Contents; Copy Retained (1) Prior to consummation of the sale of a hearing aid, the audiologist shall provide to the consumer a written statement that shall include but not be limited to all of the following: (a) The name and address of the prospective hearing aid user; (b) The date of the sale; (c) The make, model, and serial number of the hearing aid or aids sold; (d) A statement on the condition of the hearing aid: new, reconditioned, or used. A used hearing aid is a hearing aid that has been worn for any period of time, excepting hearing aids worn as part of hearing aid evaluations. A reconditioned hearing aid is a used hearing aid that has been rebuilt or is a hearing aid that consists of both old and new parts; (e) The terms of any guarantee or expressed warranty with respect to the hearing aid or hearing aids; (f) Statement of right to rescind the sale, length of trial period (minimum 30 days), procedure for extending trial period, procedure for rescinding sale, and the date by which the hearing aid(s) need to be returned to rescind the sale; (g) The business address of the audiologist; (h) The name, license number and signature of the audiologist selling the hearing aids; (i) The procedure for filing a complaint which includes the address and telephone number of the Board and the internet address for the location of complaint forms on the Board’s website; (j) A statement acknowledging that the consumer has read and understands the information contained in the sales agreement, signed by the consumer and dated. (2) A duplicate copy of the statement required under subsection (1) of this section is a clinical record and as such must be kept for seven years by the audiologist selling the hearing aid. Statutory/Other Authority: ORS 681.420(5) & 681.460 Statutes/Other Implemented: ORS 681.420 History: SPA 2-2007, f. & cert. ef. 2-9-07 SPA 5-2006, f. & cert. ef. 11-3-06 SPA 1-2006, f. & cert. ef. 5-8-06
335-005-0035 Right to Rescind Hearing Aid Purchase and Time Limit; Refund; Post Delivery Session (1) Any monies paid by or on behalf on the consumer toward the purchase of a hearing aid shall be refunded to the payer if the delivery of the hearing aid to the consumer is cancelled. (2) After delivery of the hearing aid to the consumer, the consumer shall have the right to rescind the hearing aid purchase for any reason within 30-days from the date of initial fitting by returning the hearing aid to the place of business either in person or by certified mail. Any hearing aid returned must be in good condition less normal wear and tear. If any hearing aid has been out of the consumer’s possession for a period of 72 hours or more for any alteration or adjustment during the 30 day rescission period, the 30 day rescission period is restarted. The length of the rescission period may exceed 30 days by written agreement between the consumer and the audiologist. (3) After delivery of the hearing aid(s) to the consumer, the audiologist may retain 10% of the purchase price or a maximum of $250 per hearing aid when the consumer rescinds the sale during the rescission period. The purchaser shall incur no additional liability for the cancellation. (4) The audiologist will conduct and document a minimum of one post-delivery follow-up session with the consumer before the expiration of the 30-day trial period. The audiologist must document in the clinical record if the consumer can not be located or fails to attend the follow-up session. Statutory/Other Authority: ORS 681.420(5) & 681.460 Statutes/Other Implemented: ORS 681.420 History: SPA 1-2006, f. & cert. ef. 5-8-06
335-010-0050 Philosophy Speech-language pathology and audiology professionals in all positions and settings are responsible for maintaining ongoing and complete documentation of the clinical services they provide. Record keeping creates and maintains a record of events pertaining to each client. Clear and comprehensive record keeping facilitates communication between care or treatment providers and interdisciplinary team members, protects both clients and providers, justifies the need for treatment, and documents the results of treatment. Statutory/Other Authority: ORS 681.420(5) & 681.460 Statutes/Other Implemented: ORS 681.420 History: SPA 2-2004, f. & cert. ef. 5-26-04
335-010-0060 Persons Responsible for Documentation (1) A licensed speech-language pathology or audiology professional must sign each clinical document or clinical entry with their name and professional title. An electronic record must have an electronic signature. Stamped identification accompanied by an initial or signature is acceptable. (2) The documentor must be: (a) The licensed speech-language or audiology professional who directly renders the assessment, care, or treatment; or (b) In supervision of non-licensed personnel, the speech-language or audiology professional who supervises the assessment, care, or treatment rendered by non-licensed personnel, shall co-sign for those services with their name and professional titles; (c) In supervision of SLP assistants, refer to OAR 335-095-0050. (3) The documentation may not be delegated except in emergency situations. Statutory/Other Authority: ORS 681.420(5) & 681.460 Statutes/Other Implemented: ORS 681.420 History: SPA 1-2007, f. & cert. ef. 2-1-07 SPA 4-2006, f. & cert. ef. 11-3-06 SPA 2-2004, f. & cert. ef. 5-26-04
335-010-0070 General Requirements for Record Keeping and Documentation (1) Record keeping must conform and adhere to Federal, state, and local laws and regulations. (2) Records must record history taken; procedures performed and tests administered; results obtained; conclusions and recommendations made. Documentation may be in the form of a "SOAP" (Subjective Objective Assessment Plan) note, or equivalent. (3) Records and documentation must: (a) Be accurate, complete, and legible; (b) Be printed, typed or written in ink; (c) Include the documentor's name and professional titles; (d) Stamped identification must be accompanied by initial or signature written in ink. (4) Corrections to entries must be recorded by: (a) Crossing out the entry with a single line which does not obliterate the original entry, or amending the electronic record in a way that preserves the original entry; and (b) Dating and initialing the correction. (5) Documentation of clinical activities may be supplemented by the use of flowsheets or checklists, however, these do not substitute for or replace detailed documentation of assessments and interventions. Statutory/Other Authority: ORS 681.420(5) & 681.460 Statutes/Other Implemented: ORS 681.420 History: SPA 1-07, f. & cert. ef. 2-1-07 SPA 4-2006, f. & cert. ef. 11-3-06 SPA 2-2004, f. & cert. ef. 5-26-04