68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2773
Senate Bill 978
Sponsored by COMMITTEE ON HEALTH AND HUMAN SERVICES (at the
request of Oregon Speech-Language Hearing Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Defines speech-language pathology assistant. Requires licensure
of speech-language pathology assistants. Authorizes State Board
of Examiners for Speech Pathology and Audiology to establish
licensing system. Makes related changes.
A BILL FOR AN ACT
Relating to speech pathology; creating new provisions; and
amending ORS 681.205 and 681.330.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 681.205 is amended to read:
681.205. As used in this chapter, unless the context requires
otherwise:
(1) 'Approved college or university' means any college or
university offering a full-time resident program of study in
speech pathology or audiology leading to a master's degree or
equivalent, such program having been fully accredited or
conditionally approved by the American Speech-Language-Hearing
Association, or its successor agency, or having been otherwise
determined by the board to meet the association standards as
specifically incorporated into board rules.
(2) 'Audiologist' means a person who practices audiology and
who uses publicly any title or description of services
incorporating the words 'audiologist,' 'hearing clinician, ' '
hearing therapist' or any similar titles or descriptions of
service.
(3) 'Board' means the State Board of Examiners for Speech
Pathology and Audiology.
(4) 'Practice of audiology' means the application of
principles, methods, and procedures of measurement, testing,
appraisal, prediction, consultation, counseling and instruction
related to hearing and hearing impairment for the purpose of
modifying disabilities involving speech, language, auditory
function, including auditory training, speech reading and hearing
aid evaluation, or other behavior related to hearing impairment.
(5) 'Practice of speech pathology' means the application of
principles, methods and procedures for the measurement, testing,
evaluation, prediction, counseling or instruction related to the
development and disorders of speech, voice or language for the
purpose of evaluating, preventing, habilitation, rehabilitating
or modifying such disorders and conditions in individuals or
groups of individuals.
{ + (6) 'Speech-language pathology assistant' means a person
who provides speech pathology services under the direction and
supervision of a speech pathologist licensed under ORS
681.250. + }
{ - (6) - } { + (7) + } 'Speech pathologist' means one who
practices speech pathology and who uses publicly any title or
description of services incorporating the words 'speech
pathologist,' 'speech correctionist,' 'speech therapist,' 'speech
clinician, ' ' language pathologist,' 'language therapist' or any
similar titles or descriptions of services.
{ - (7) - } { + (8) + } 'Unethical conduct' means:
(a) The obtaining of any fee by fraud or misrepresentation.
(b) Employing directly or indirectly any suspended or
unlicensed person to perform any work covered by this chapter.
(c) Using or causing or promoting the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, brand, insignia, or any other representation, however
disseminated or published, which is misleading, deceiving,
improbable or untruthful.
(d) Representing that the services or advice of a person
licensed to practice medicine will be used or made available in
the practice of speech pathology or audiology if that is not
true, or using the word 'doctor' or 'professor' or other like
words, abbreviations, or symbols inaccurately.
(e) Permitting another to use a license issued by the board.
(f) Violation of the code of ethics adopted and published by
the board.
SECTION 2. ORS 681.330 is amended to read:
681.330. The rules and regulations of ethical standards of
practice adopted pursuant to ORS 681.420 (5) shall govern the
conduct of all persons who hold a license to practice speech
pathology or audiology { + or to perform the duties of a
speech-language pathology assistant + }.
SECTION 3. { + Sections 4 to 7 of this Act are added to and
made a part of ORS chapter 681. + }
SECTION 4. { + (1) It shall be unlawful for a person to
perform the duties of a speech-language pathology assistant or
use the title speech-language pathology assistant without a
license to do so issued pursuant to this section.
(2) To obtain a license to perform the duties of a
speech-language pathology assistant, a person shall:
(a) Submit an application in the form prescribed by the State
Board of Examiners for Speech Pathology and Audiology;
(b) Pay the license fee established by the board;
(c) Demonstrate that the person meets the qualifications for
licensure established by the board, including but not limited to
passing an examination that may be established by the board; and
(d) Comply with all other requirements for licensure
established by the board.
(3) A license issued under this section expires every two
years. To renew a license to perform the duties of a
speech-language pathology assistant, a person shall:
(a) Submit the renewal application in the form prescribed by
the board;
(b) Pay the renewal fee established by the board;
(c) Pay the delinquent renewal fee established by the board, if
any;
(d) Demonstrate that the person continues to meet all
qualifications to perform the duties of a speech-language
pathology assistant; and
(e) Comply with all other requirements for license renewal
established by the board, including but not limited to:
(A) Continuing education;
(B) Peer review;
(C) Performance appraisal; and
(D) Practical simulation.
(4) No person may employ or otherwise use the services of a
speech-language pathology assistant unless the speech-language
pathology assistant is licensed under this section.
(5) A person licensed to perform the duties of a
speech-language pathology assistant may perform the duties of a
speech-language pathology assistant only under the supervision,
direction and control of a licensed speech pathologist.
(6) The board may refuse to issue a license, or may suspend or
revoke the license of any licensed speech-language pathology
assistant pursuant to the provisions of ORS 681.350. + }
SECTION 5. { + (1) A speech pathologist may not employ or
otherwise use the services of a speech-language pathology
assistant without the prior approval of the State Board of
Examiners for Speech Pathology and Audiology. To obtain approval
from the board, the speech pathologist shall submit an
application in the form and manner determined by the board,
accompanied by a fee in the amount determined by the board. The
application for approval shall include the following:
(a) The name of the speech-language pathology assistant;
(b) The manner and extent to which the speech-language
pathology assistant's services would be used;
(c) The level of supervision over the speech-language pathology
assistant;
(d) The education, training and experience of the
speech-language pathology assistant; and
(e) Such other information as the board may require.
(2) The board may approve or reject an application, or it may
modify the proposed use of the services of the speech-language
pathology assistant and approve the application as modified.
Approval shall be valid for no more than one year but may be
renewed annually upon payment of a fee as determined by the
board. When it appears to the board that the services of a
speech-language pathology assistant are being used in a manner
inconsistent with the approval granted, the board may withdraw
its approval. + }
SECTION 6. { + A speech pathologist who employs or otherwise
uses the services of a speech-language pathology assistant shall:
(1) Be responsible for the extent, kind and quality of services
provided by each speech-language pathology assistant supervised
by the speech pathologist; and
(2) Ensure that persons who receive services from a
speech-language pathology assistant receive prior written
notification that services are to be provided by a
speech-language pathology assistant. + }
SECTION 7. { + The State Board of Examiners for Speech
Pathology and Audiology shall adopt rules to define the role of
speech-language pathology assistants, including but not limited
to:
(1) The responsibilities of speech pathologists for the
supervision and instruction of speech-language pathology
assistants, including the frequency, duration and documentation
of direct, on-site supervision and the quantity and content of
instruction.
(2) The ratio of speech-language pathology assistants to speech
pathologists.
(3) The scope of duties and restrictions on responsibilities of
speech-language pathology assistants. + }
SECTION 8. { + Sections 3 to 7 of this Act and the amendments
to ORS 681.205 and 681.330 by sections 1 and 2 of this Act become
operative on March 1, 1996. + }
SECTION 9. { + The State Board of Examiners for Speech
Pathology and Audiology may take any action before the operative
date of this Act that is necessary to enable the board to
exercise, on or after the operative date of this Act, all of the
duties, functions and powers conferred on the board by this
Act. + }
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