Oregon Administrative Rules › Chapter 335 - BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Division 5 - PROFESSIONAL AND ETHICAL STANDARDS › Section 335-005-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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;