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Oregon Bulletin

October 1, 2012

Oregon Health Licensing Agency, Chapter 331

Rule Caption: Standardize Board of Athletic Trainer rules with other OHLA regulated professions.

Adm. Order No.: HLA 12-2012

Filed with Sec. of State: 8-16-2012

Certified to be Effective: 8-17-12

Notice Publication Date: 5-1-2012

Rules Adopted: 331-120-0001, 331-130-0001, 331-130-0005, 331-130-0011, 331-130-0015, 331-150-0000, 331-150-0005, 331-150-0010, 331-160-0005, 331-160-0010, 331-160-0015

Rules Repealed: 331-105-0020, 331-110-0005, 331-110-0010, 331-110-0055, 331-115-0000, 331-115-0010, 331-115-0020, 331-115-0030, 331-115-0060, 331-120-0000, 331-120-0010, 331-120-0020, 331-120-0030, 331-125-0000, 331-125-0010, 331-125-0020, 331-135-0000

Subject: The Oregon Health Licensing Agency (OHLA) and the Board of Athletic Trainers (AT) are proposing to adopt the Athletic Trainers administrative rules Chapter 331 Divisions 120 through 160. New rules are required to standardize and streamline requirements and procedures to be consistent with other professions that are regulated by OHLA. In addition new rules will align with current industry, agency and statewide rulemaking standards and principles.

Rules Coordinator: Samantha Patnode—(503) 373-1917

331-120-0001

Definitions

The following definitions apply to OAR 331-120-0001 through 331-160-0015.

(1) “Agency” means the Oregon Health Licensing Agency.

(2) “Board of Certification, Inc.” (BOC) means the national organization that is accredited by the National Commission for Certifying Agencies that provides a certification program for the entry-level athletic trainer and establishes requirements for maintaining status as a certified athletic trainer (ATC).

(3) “Registration” means the document issued by the agency authorizing the holder to practice athletic training under ORS 688.730 and use the title “Athletic Trainer, Registered,” and the abbreviation: “ATR.”

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12

331-130-0001

Application Requirements

An individual applying for registration to practice athletic training must:

(1) Meet the requirements of OAR 331 Division 30.

(2) Submit a completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application and registration fees.

(3) In addition to requirements listed in subsections (1) and (2) of this rule, an applicant must provide documentation of one of the following pathways:

(a) Licensure Pathway 1 — Qualification through examination. An applicant must submit:

(A) Official transcripts demonstrating that the individual holds a bachelor’s degree from a regionally accredited four year college or university and has completed an athletic training education program accredited by the Commission on Accreditation of Athletic Training Education, or has been approved or recognized by the Board;

(B) Evidence of prescribed educational and clinical experience as required by ORS 688.720, and OAR 331-130-0001;

(C) Official documentation of a passing score of the BOC examination or documentation of successful completion of an equivalent examination approved or recognized by the Board;

(D) Evidence that the applicant is 18 years old or older; and

(E) Evidence demonstrating current certification in cardiopulmonary resuscitation (CPR) including:

(i) Adult & Pediatric CPR;

(ii) Automated external defibrillator AED;

(iii) 2nd Rescuer CPR;

(iv) Airway Obstruction; and

(v) Barrier Devices (e.g., pocket mask, bag valve mask).

(b) Licensure Pathway 2 — Licensure through reciprocity: An applicant must submit:

(A) An Affidavit of Registration demonstrating proof of current registration, which is active with no current or pending disciplinary action. The registration must have been issued by another state or territory of the United States and the requirements be equivalent to those in ORS 688.720;

(B) Evidence that the applicant is 18 years old or older; and

(C) Evidence demonstrating current certification in cardiopulmonary resuscitation (CPR) for including:

(i) Adult & Pediatric CPR;

(ii) Automated external defibrillator AED;

(iii) 2nd Rescuer CPR;

(iv) Airway Obstruction; and

(v) Barrier Devices (e.g., pocket mask, bag valve mask).

(4) An applicant with a current athletic training licensing credential issued from another state or territory of the United States must arrange for a completed Affidavit of Registration, issued by the credentialing state, to be mailed directly to the Agency. The Affidavit must attest to the applicant’s registration record and indicate successful completion of the BOC examination or another examination approved by the Board.

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12

331-130-0005

Registration Required; Exception

To practice athletic training in the state of Oregon, individuals must be registered in accordance with ORS 688.718.

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12

331-130-0011

Registration Issuance and Renewal

(1) REGISTRATION: A registrant is subject to the provisions of OAR Chapter 331, division 30 regarding the issuance and renewal of a registration, and to provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate registration.

(2) LICENSE RENEWAL: Registration renewal must be made prior to the registration entering inactive status. The registrant must submit the following:

(a) Renewal application form;

(b) Payment of required renewal fee;

(c) Attestation of having obtained required continuing education; and

(d) In addition to any other required continuing education, the registrant must submit evidence of current certification in cardiopulmonary resuscitation pursuant to OAR 331-130-0001.

(3) INACTIVE REGISTRATION RENEWAL: Registration renewal made after the registration enters inactive status. A registration may be inactive for up to three years. To renew inactive registration, the registrant must submit the following:

(a) Renewal application form;

(b) Payment of delinquency and renewal fees pursuant to OAR 331-140-0000;

(c) Attestation of having obtained required continuing education; and

(d) In addition to any other required continuing education, the registrant must submit evidence of current certification in cardiopulmonary resuscitation pursuant to OAR 331-130-0001.

(4) EXPIRED REGISTRATION: A registration that has been inactive for more than three years is expired and must meet the requirements listed in OAR 331-130-0001.

(5) A registrant failing to meet continuing education requirements listed under OAR 331-150-0005 must reapply and meet requirements pursuant to OAR 331-130-0001.

(6) A registrant may not practice with an inactive or expired registration.

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12

331-130-0015

Registration Display and Posting Requirements

(1) Registrants must show proof of valid registration upon request or post the registration document in public view at the athletic trainer’s primary workplace.

(2) A registrant may temporarily conceal the address printed on the registration document with a covering that is removable. A registrant must carry the registration identification card (pocket card), or post the official registration in plain view any time services are being provided.

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12

331-150-0000

Continued Competency

(1) To ensure continuing efforts on the part of Oregon registered athletic trainers to remain current with new developments in athletic training and to encourage diversified training and qualifications in the profession, continuing education is required as a condition of registration.

(2) Continuing education experiences are programs beyond the basic education required to obtain registration and that are designed to promote and enrich knowledge, improve skills, and develop attitudes for the enhancement of the practices of registered athletic trainers, thus improving athletic training care to the public.

(3) Continuing education requirements apply whether the applicant renewing registration is living or working within Oregon or outside of the state, so long as Oregon registration is maintained.

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12

331-150-0005

Continuing Education Requirements

(1) To maintain registration, athletic trainers must complete a minimum of 10 hours of approved continuing education each year. Credit hours obtained in excess of those required for the one-year reporting period may not be carried forward. A registrant’s continuing education requirements remain in effect during the time registration is inactive.

(2) Each registrant shall document compliance with the continuing education requirement through attestation on the registration renewal application. Registrants are subject to provisions of OAR 331-150-0010 pertaining to periodic audit of continuing education.

(3) Approved continuing education must be obtained by participation in or attendance at a course provided by an accredited college or university, a course or program approved by the BOC or an agency pre-approved course or program.

(4) Continuing education must address subject matter related to athletic training in accordance with ORS 688.701 through 688.734.

(5) CE credit will be awarded based on the following criteria:

(a) Completion and passing of academic courses related to athletic training taken 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; and

(b) Courses that do not meet standards as set forth in paragraph (a) of this subsection, such as workshops, symposiums, seminars, laboratory exercises, professional courses, or any applied experience with or without formal classroom work must be pre-approved by the agency or by BOC and may be assigned credit at the rate of one hour for each hour of attendance.

(6) Registrants must complete two hours of continuing education specifically on Concussion and Traumatic Brain Injury once every three years.

(7) Documentation supporting compliance with continuing education requirements must be maintained for a period of three years following renewal, and must be available to the agency upon request.

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12

331-150-0010

Continuing Education: Audit, Required Documentation and Sanctions

(1) The Oregon Health Licensing Agency will audit a percentage of registrants, as determined by the Board, to verify compliance with continuing education requirements of this rule.

(2) Registrants notified of selection for audit of continuing education attestation shall submit to the agency, within 30 calendar days from the date of issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-150-0005.

(3) If selected for audit, the registrant must provide documentation of the required continuing education, which must include:

(a) For courses provided by an accredited college or university — A course syllabus and an official transcript from the accredited college or university;

(b) For BOC approved programs or courses — A certificate of completion that includes the BOC approval number; or

(c) For agency pre-approved programs or courses — A certificate of completion or other agency approved documentation that includes the agency pre-approval number.

(4) If documentation of continuing education is incomplete, the registrant has an additional 30 calendar days from the date of notice of incompleteness to submit further documentation to substantiate having completed the required continuing education.

(5) 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 registration.

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12

331-160-0005

Scope of Practice

The scope of practice of athletic training by a registered athletic trainer shall consist of the following:

(1) The education, instruction, application and monitoring of facts and circumstances required to protect the athlete from athletic injury, including but not limited to:

(a) The identification, through physical examinations or screening processes, of conditions that may pose a risk of injury, illness or disease to an athlete.

(b) The supervision and maintenance of athletic equipment to assure safety.

(2) The recognition, evaluation and care of injuries and illness occurring during athletic events or in the practice for athletic events including but not limited to the following;

(a) Performance of strength testing using mechanical devices or other standard techniques;

(b) Application of tape, braces and protective devices to prevent or treat injury;

(c) Administration of standard techniques of first aid;

(d) Use of emergency care equipment to aid the injured athlete by facilitating safe transportation to an appropriate medical facility;

(e) Determination of the level of functional capacity of an injured athlete in order to establish the extent of an injury; and

(f) Determination of the level of functional capacity of an injured or ill athlete to participate.

(3) The gathering and accurate recording of all information required in the assessment of athletic injuries.

(4) The development and implementation of an appropriate course of rehabilitation or reconditioning by the use of therapeutic modalities, including but not limited to: water, cold, heat, electrical, mechanical and acoustical devices, massage, manual techniques, gait training exercise, and physical capacity functional programs which are determined to be needed to facilitate recovery, restore athletic function or performance;

(5) Dispensation of non-prescription medication and application of topical non-prescription medication;

(6) The determination and implementation of a plan for appropriate health care administration.

(7) Referral of an athlete to appropriate health care provider as needed.

(8) Organization of a medical care service delivery system for athletes when needed.

(9) Establishment of plans to manage an athlete’s medical emergencies;

(10) The education or providing of athletic training guidance to athletes for the purpose of facilitating recovery, function and performance of the athlete.

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12

331-160-0010

Standards of Practice

Athletic trainers shall adhere to the following standards of professional conduct:

(1) Physician Collaboration: Athletic trainers are required to collaborate with a physician in the treatment of an athletic injury as provided in OAR 331-160-0015.

(2) Registered Athletic Trainers shall be responsible for the conduct and performance of student assistants under their supervision.

(3) Documentation: All services are documented in writing by the Athletic Trainer and are part of the Athletic Trainer’s record for the athlete. The Athletic Trainer accepts responsibility for chronologically recording details of the patient’s health status and treatment, signing and dating each entry.

(4) The patient’s record shall include, but not be limited to:

(a) Athlete’s name and any other identifying information;

(b) Referral source, as applicable;

(c) Initial and subsequent assessments;

(d) Treatment plan, including methods used, results and plan revisions;

(e) Documentation of discontinuation of treatment and final summary.

(5) Records must be maintained for no less than seven years after discharge. All records are subject to review by the agency.

(6) All records must be legibly written or typed, dated and signed.

(7) Confidentiality: Athletic trainers are required to maintain confidentiality in accordance with all applicable laws.

(8) Initial Assessment: Prior to treatment, athletic trainers are required to assess the athlete’s status, history, and level of functioning.

(9) Treatment Program Planning: The treatment program objectives must include goals, expectations and measures to determine the effectiveness of the program.

(10) Athletic trainers are required to observe the Occupational Safety and Health Act Blood Borne Pathogens Standards under 29 CFR 1910:1030 when providing services.

(11) Practicing athletic training or offering to perform services beyond the scope of practice permitted by law and defined in ORS 688.701, is prohibited.

(12) Performing services that have not been authorized by the athlete or the athlete’s legal representative is prohibited.

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12

331-160-0015

Collaboration of Athletic Trainers and Physicians

(1) “Collaboration” as used in this section means consultation, correspondence, or referral between an athletic trainer and a physician. Collaboration may be initiated by the athletic trainer or physician, and consists of oral or written communication between the parties or an appropriate representative of the physician. “Collaboration” as used in OAR 331-160-0010 and this section, does not mean providing care on behalf of, jointly, or in concert with one another.

(2) “Consultation” as used in this section means discussing or sharing information with another health care provider that is consistent with the requirements of state and federal law regarding confidentiality for the purposes of obtaining information or recommendations for the provision of care to the athlete.

(3) “Referral” as used in this section means directing the athlete to other resources for purposes of care, treatment, assessment or intervention.

(4) An athletic trainer must collaborate with a physician when the athletic injury is beyond the athletic trainer’s scope of practice or expertise, or in those instances where the injury is not responding to treatment.

(5) The athletic trainer must appropriately record collaboration with a physician regarding an athlete or athletic injury in an acceptable manner, such as notation on injury reports, medical records, or progress reports.

(6) Nothing in this section or these rules shall be construed to prevent a physician from employing, directing, supervising, establishing protocols for, or otherwise assisting a registered athletic trainer in the practice of athletic training consistent with the scope of practice and professional standards of each practitioner.

Stat. Auth.: ORS 676.615, 688.709, 688.715,
Stats. Implemented: ORS 688.715, 688.718, 688.720
Hist.: HLA 12-2012, f. 8-16-12, cert. ef. 8-17-12


 

Rule Caption: Standardize hearing aid board rules to follow model for other OHLA regulated boards.

Adm. Order No.: HLA 13-2012

Filed with Sec. of State: 8-16-2012

Certified to be Effective: 8-17-12

Notice Publication Date: 4-1-2012

Rules Adopted: 331-620-0005, 331-630-0001, 331-630-0005, 331-630-0011, 331-630-0015, 331-630-0020, 331-630-0025, 331-630-0030, 331-630-0035, 331-630-0040, 331-630-0050, 331-630-0060, 331-630-0070, 331-650-0005, 331-650-0015, 331-660-0000, 331-660-0010, 331-660-0020, 331-660-0030, 331-660-0040, 331-660-0050, 331-660-0060, 331-660-0070, 331-660-0080

Rules Repealed: 331-601-0000, 331-610-0000, 331-610-0010, 331-610-0020, 331-610-0030, 331-610-0040, 331-610-0050, 331-620-0000, 331-620-0010, 331-620-0020, 331-630-0000, 331-630-0010, 331-640-0000, 331-640-0010, 331-640-0020, 331-640-0030, 331-640-0040, 331-640-0050, 331-640-0055, 331-640-0060, 331-650-0000

Subject: The Oregon Health Licensing Agency (Agency) and the Advisory Council on Hearing Aids (ACHA) are proposing to adopt the ACHA administrative rules Chapter 331 Divisions 620 - 660. Rule changes are necessary to standardize and streamline rules for consistency with other professions regulated by OHLA and to allow for the adoption of rules that will align with current industry, agency and statewide rulemaking standards and principles.

 Adopt 331-620-0005 Definitions: in order to meet rulemaking protocols and define relevant terms where utilized within the rule for efficiency.

 Adopt 331-630-0001 Application Requirements: to establish standardized pathways for licensure and to streamline the application process. The pathways include:

 - Qualification through the Trainee registration and examination.

 - Qualification through equivalency.

 - Qualification through degree equivalency.

 - Qualification through other state licensure equivalency.

 Adopt 331-630-0005 Examination requirements.

 Adopt 331-630-0011 Temporary licenses application and issuance.

 Adopt 331-630-0015 Temporary licensee supervisor.

 Adopt 331-630-0020 Supervision of temporary hearing aid specialists.

 Adopt 331-630-0025 Application for registration as a trainee.

 Adopt 331-630-0030 Trainee registration.

 Adopt 331-630-0035 Application for registration as a trainee supervisor.

 Adopt 331-630-0040 Trainee program.

 Adopt 331-630-0050 General examination information.

 Adopt 331-630-0060 Examination retake.

 Adopt 331-630-0070 License issuance and renewal.

 Adopt 331-650-0005 Continuing education requirements.

 Adopt 331-650-0015 Continuing education: audit, required documentation and sanctions.

 Adopt 331-660-0000 Standards of practice.

 Adopt 331-660-0010 Standards of professional conduct.

 Adopt 331-660-0020 Safety and infection control requirements.

 Adopt 331-660-0030 Audiometric testing equipment.

 Adopt 331-660-0040 Statement to prospective purchaser.

 Adopt 331-660-0050 Additional conditions for referral.

 Adopt 331-660-0060 Standards of conduct.

 Adopt 331-660-0070 Uniform measurement standards.

 Adopt 331-660-0080 Client record requirements.

Rules Coordinator: Samantha Patnode—(503) 373-1917

331-620-0005

Definitions

(1) “Agency” means the Oregon Health Licensing Agency.

(2) “Assistive listening device” Assistive listening devices which are exempt from the provisions of ORS Chapter 694 are defined as products designed to solve one or more specific listening problems created by a hearing loss, and include personal or group listening devices, telephone listening devices, or alert/alarm systems. The primary difference between listening devices and hearing aids is that an assistive listening device is designed to assist in only one, or a few, listening environments, and is for temporary use only. A hearing aid is designed for use in a wide range of listening environments and is primarily for full time use. The following criteria shall be considered in categorizing an assistive listening device:

(a) Personal Assistive Listening Device:

(A) Is used for the assistance of only one person;

(B) May be used either hardwired or wireless type;

(C) May be adaptable to particular environments;

(D) May not be fitted to an individual hearing loss;

(E) May not be sold as a standard hearing aid;

(F) May be an external option that will work with a hearing aid either through the telecoil or by direct audio input coupler built into a hearing aid.

(b) Group Assistive Listening Device:

(A) Includes infrared and FM systems and induction loop systems;

(B) Includes auditory trainers that are classified as such by the FDA exemption for group auditory trainers (21 CFR 801.421(e));

(C) May include telecaption decoders.

(c) Telephone Devices for the Hearing Impaired:

(A) Amplified handsets;

(B) In-line amplifiers for modular telephones;

(C) Receiver add-ons;

(D) An external option that will work with a hearing aid.

(d) Telecommunications Devices for the Deaf (TDD):

(A) Typically visually based;

(B) TDD and Teletypewriter for the deaf (TTY) systems.

(e) Alert/Alarm Systems:

(A) Systems that use a form of visual or vibratory stimuli to alert an individual;

(B) May be hardwired or use an acoustic pickup.

(3) “Audiologist” means a person licensed under ORS 681 and who practices audiology as defined by that statute.

(4) “CEU” means a continuing education unit and the numerical value determined by the board to be earned by a renewal applicant by attending a specified training course. The terms “continuing education credit” and “continuing education unit” are synonymous and may be used interchangeably.

(5) “Consummation of sale” means when the purchaser takes delivery or possession of the hearing aid after agreeing to purchase the hearing aid.

(6) “Continuing Education” means post-licensure education related specifically to hearing or hearing aid technology undertaken to maintain professional competency to practice as a hearing aid specialist, in the interest of safety, health and welfare of the people served.

(7) “Demonstration instrument” means a hearing aid that has been worn by a prospective user as part of a bona fide hearing aid evaluation conducted in the presence of the hearing aid specialist.

(8) “Delivery” means, as used in ORS 694.042, acceptance and possession of the hearing aids by the consumer, which starts the 30 calendar day rescission right period. Hearing aids that have been out of the consumer’s possession for a period of 72 hours or more for any alternation or adjustment during the 30 calendar day rescission right period may restarts the 30 calendar day rescission right period if both parties agree to the extension in writing. Delivery includes:

(a) The initial fitting and delivery of the hearing aid(s), which must be performed in person by a licensed hearing aid specialist, audiologist or physician pursuant to ORS 694.025(2) including the acceptance and possession of the hearing aid(s); and

(b) The return of a hearing aid by the consumer to the specialist, which may be hand carried or mailed by certified mail to the official place of business of the hearing aid specialist.

(9)”Direct supervision” means a registered supervisor is present in the facility for the purpose of supervising and is in view the procedures performed by a registered trainee, pursuant to OAR 331-630-0030.

(10) “Facility” means physical place of business where services defined in ORS 694.015(4) are conducted, including but not limited to all areas used by hearing aid specialist and client, i.e. testing location, waiting/reception area.

(11) “Hearing aid” as defined in ORS 694.015(3) does not include assistive listening devices as defined in OAR 331-620-0005 (2).

(12) “Hearing aid specialist” means a person licensed pursuant to ORS 694.015 through 694.185.

(13) “Purchase price” means:

(a) The total amount paid or agreed to be paid by or on behalf of the consumer for the cost of the hearing aid(s); and

(b) Professional fees charged for the actual fitting and sale of the hearing aid(s) including:

(A) The evaluation or measurement of the powers or range of human hearing as they relate to hearing aid fitting;

(B) Hearing aid evaluation;

(C) Hearing aid consultation;

(D) Hearing aid recommendation;

(E) Hearing aid selection;

(F) Hearing aid fitting and dispensing;

(G) Adaptation of a hearing aid, if related to the original purchase;

(H) Counseling, if related to the original purchase and done by the person dealing in hearing aids and/or company, firm or facility involved in dispensing of the original hearing aid, and any other fees for service which are charged in regards to a hearing aid being fitted as a therapeutic device; and

(I) Ear impression and ear molds.

(c) Professional fees charged for diagnostic testing for medical use when done by a physician or on a physician’s order shall be excluded from this definition of purchase price.

(14) “Temporary licensee supervisor” means a person who has met the requirements of OAR 331-630-0015 and who supervises a temporary licensee who is working under the supervisor’s indirect supervision.

(15) “Trainee” means a person who has met the requirements of ORS 694.065, has registered with the agency and is working under the direct supervision of a licensed hearing aid specialist to obtain the training and experience required for hearing aid specialist licensure.

(16) “Trainee supervisor” means a person who has met the requirements of OAR 331-630-0035 and who directly supervises a trainee working under the supervisor to obtain the training and experience required for hearing aid specialist licensure.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0001

Application Requirements

An individual applying for a license must:

(1) Meet the requirements of OAR 331 division 30.

(2) Submit a completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0001 and be accompanied by payment of the required application fees.

(3) In addition to requirements listed in subsections (1) and (2) of this rule, an applicant must provide documentation of one of the following pathways:

(a) Licensure Pathway 1 — Qualification through Trainee registration and examination. An applicant must submit:

(A) A copy of the applicant’s high school diploma or General Educational Development (GED) certificate;

(B) Evidence that the applicant is 18 years old or older;

(C) Examination fees pursuant to OAR 331-640-0005;

(D) Evidence that the applicant, pursuant to OAR 331-630-0005, has qualified to take and has obtained a passing score on the Advisory Council on Hearing Aids (Council) Examination, the Council’s Oregon Laws Examination and the Council’s Oregon Practical Examination;

(E) Upon passage of all required examinations and before issuance of a license, applicant must pay all license fees.

(b) Licensure Pathway 2 — Qualification through equivalency – American Speech-Language-Hearing Association Certification. Applicant must submit:

(A) A copy of the applicant’s high school diploma or General Educational Development (GED) certificate;

(B) Evidence that the applicant is 18 years old or older;

(C) Official documentation of certification by the American Speech-Language-Hearing Association or evidence that the applicant has met the requirements of ORS 694.085;

(D) A passing score on the Council’s Oregon Laws Examination;

(E) Upon passage of all required examinations and before issuance of a license, applicant must pay all license fees.

(c) Licensure Pathway 3 — Qualification through equivalency – Degree equivalent to requirements for certification by National Board for Certification in Hearing Instrument Sciences. Applicant must submit:

(A) A copy of the applicant’s high school diploma or General Educational Development (GED) certificate;

(B) Evidence that the applicant is 18 years old or older;

(C) Official transcript from a regionally accredited college or university demonstrating attainment of a degree sufficient to obtain certification by National Board for Certification in Hearing Instrument Sciences;

(D) A passing score on the Council’s Oregon Laws Examination;

(E) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(d) Licensure Pathway 4 — Qualification through equivalency – other state certification. Applicant must submit:

(A) A copy of the applicant’s high school diploma or General Educational Development (GED) certificate;

(B) Evidence that the applicant is 18 years old or older;

(C) Official documentation of certification (Affidavit of Licensure) by another state regulatory authority showing that the license was issued by another state or territory of the United States and the licensing requirements are at least equivalent to those in ORS 694.065 and 694.085;

(D) A passing score on the Council’s Oregon Laws Examination;

(E) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0005

Advisory Council on Hearing Aids Licensure Examination Requirements

Before an individual seeking Council licensure can take the qualifying examination that individual must either:

(1) Meet training and experience requirements pursuant to OAR 331-630-0040;

(2) Meet training requirements for licensure as an audiologist;

(3) Meet training requirements for certification of a licensed physician by the American Board of Otolaryngology; or

(4) Meet the requirements for certification by the National Board for Certification in Hearing Instrument Sciences.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0011

Temporary Licenses — Application and Issuance

(1) A temporary license may be issued to an applicant who meets the application requirements of ORS 694.065(2) and OAR 331-630-0001(1), (2) and (3)(a)(A), (B) and (C) following agency receipt of a completed application and evidence of training and the required fee(s).

(2) The temporary license will be issued for a one-year period, expiring on the last day of the month one year from the date of issuance.

(3) A temporary license holder must work under the indirect supervision of a supervisor as defined in OAR 331-620-0005(14). Indirect supervision means that the supervisor is not required to be on the premises with the person holding a temporary license under this rule while the temporary license holder performs procedures.

(4) Attainment of permanent licensure status by satisfactorily passing the examination supersedes the temporary hearing aid specialist license.

(5) A temporary license holder may change their designated supervisor if a new Declaration of Responsibility form is signed by the new supervisor and submitted with the application fee to the agency within five days of separation from the former designated supervisor.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0015

Application for Registration as a Temporary Licensee Supervisor

An individual applying for Temporary Licensee Supervisor registration must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit a completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees.

(3) In addition to requirements listed in subsection (1) and (2) of this rule, a Temporary Licensee Supervisor must:

(a) Hold a current Oregon hearing aid specialist license with no current or pending disciplinary action, and with no fines, fees, or civil penalties owing to the Agency; and

(b) Have been licensed for at least three years.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0020

Supervision of Temporary Hearing Aid Specialists

(1) An individual acting as a designated supervisor for a temporary licensee must sign and file with the agency a Declaration of Responsibility form prescribed by the agency, before supervising any temporary hearing aid specialist. The form must indicate the name of the supervising hearing aid specialist, place of business, telephone number, current license number, and the name, address, and license number of the temporary hearing aid specialist.

(2) The testing, fitting, or selling of a hearing aid by a temporary hearing aid specialist shall be performed under the authority, control, and indirect supervision of the licensed hearing aid specialist designated as the supervisor.

(3) The designated supervisor must review and approve the temporary hearing aid specialist’s work before ordering the recommended hearing aid(s).

(4) A designated supervisor shall exercise management, guidance, and control over the activities of the temporary hearing aid specialist; and shall exercise professional judgment and be responsible for all matters relative to the fitting and selling of a hearing aid.

(5) Approval of a temporary hearing aid specialist’s work must be documented by the handwritten signature of the designated supervisor, license number, and date of review placed adjacent to the temporary hearing aid specialist’s signature on any audiogram, order form, and office copy of a statement to a prospective hearing aid purchaser as required in ORS 694.036 and 694.042.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0025

Application for Registration as a Trainee

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 agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0030

Trainee Registration

(1) A trainee, registered under ORS 694.065(1) may deal in hearing aids under the direct supervision of a designated supervisor except that a trainee may not fit or sell hearing aids.

(2) The agency will authorize an Oregon licensed hearing aid specialist to act as designated supervisor of a trainee provided the licensee holds a valid license, has been actively practicing for at least three years, and has not had any disciplinary action or civil penalty imposed by the agency.

(3) A licensed hearing aid specialist must not supervise more than four trainees at any one time.

(4) A designated supervisor will not provide training as outlined in OAR 331-630-0040 until a trainee registration agreement and Declaration of Responsibility has been submitted to the agency.

(5) A designated supervisor must notify the agency in writing within five calendar days if the trainee is no longer being supervised and trained, and must provide a Certification of Training form to the agency showing the number of hours of training completed.

(6) A designated supervisor’s authorization may be withdrawn for providing incomplete or inadequate training, falsifying documentation, or allowing the trainee to fit or sell hearing aids.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0035

Application for Registration as a Trainee Supervisor

An individual applying for a Trainee Supervisor registration must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit a completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees.

(3) In addition to requirements listed in subsection (1) and (2) of this rule, a Trainee Supervisor must:

(a) Hold a current Oregon hearing aid specialist license with no current or pending disciplinary action, and with no fines, fees, or civil penalties owing to the Agency;

(b) Demonstrate completion of the IHS Distance Learning Program for Professionals in Hearing Health Sciences, or demonstrate three or more years National Board Certification; and

(b) Have been a licensed hearing aid specialist for at least four years.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0040

Trainee Program

(1) The Trainee program consists of both practical and theory training.

(2) Practical training consists of 520 hours of training under the direct supervision of a Trainee Supervisor registered pursuant to OAR 331-630-0035 and must include:

(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 categories listed in subsections a. through e. above.

(3) Theory training consists of successful completion of the International Hearing Society’s Distance Learning Program for Professionals in Hearing Health Sciences.

(4) Training program materials can be reviewed at www.oregon.gov/OHLA/

(5) Trainees who register and are approved to commence their training program before the effective date of this rule may complete their training under the provisions of the rule that was in place at that time. The trainee must complete the training program within 180 days following the effective date of this rule. A trainee failing to complete the program within 180 days must reapply and, if accepted, must begin the program pursuant to provisions of this rule.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0050

General Examination Information

(1) The board approved examinations for a license include a written examination containing both a national section and a state-specific section, and a practical examination.

(2) To take the examinations, an applicant must meet identification requirements listed under OAR 331-030-0000.

(3) The examination is administered in English only, unless an agency approved testing contractor or vendor provides the examination in languages other than English.

(4) Examination candidates may be electronically monitored during the course of testing.

(5) The Board will establish a maximum time allowance for each section of the examination.

(6) Notes, textbooks, notebooks, electronic equipment or communication devices, such as personal computers, pagers and cellular telephones or any other devices deemed inappropriate by the agency, are prohibited in the examination area.

(7) A candidate may be immediately disqualified before, during, or after the examination for conduct that interferes with the examination or otherwise violates this rule. At the time of disqualification, 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 process;

(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;

(d) Failing to follow directions relative to the conduct of the examination; and

(e) Exhibiting behavior that impedes the normal progress of the examination.

(8) The applicant may be required to reapply, submit additional examination fees, and request in writing to schedule another examination if applicant is disqualified from taking the examination.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0060

Examination Retake

(1) All examination retakes are subject to examination fees and an approved examination schedule set by the agency

(2) If after four attempts, an applicant has not passed the state administered practical examination, the applicant must request permission from the Council to retake the examination again. If the applicant does not pass the examination upon the fifth attempt, the applicant may be required to retake training required under this division.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-630-0070

License Issuance and Renewal

(1) AUTHORIZATION AND RENEWAL: A licensee is subject to the provisions of OAR Chapter 331, division 30 regarding the issuance and renewal of a license, provisions regarding authorization to practice, identification requirements, and requirements for issuance of a duplicate license.

(2) AUTHORIZATION RENEWAL: To avoid delinquency penalties, license renewal must be made prior to the license entering inactive status. The licensee must submit the following:

(a) Renewal application form;

(b) Payment of required renewal fee pursuant to 331-640-0005; and

(c) Documentation of having obtained required annual continuing education under OAR 331-650-0005, on a form prescribed by the agency.

(3) INACTIVE AUTHORIZATION: A license may be inactive for up to three years. When renewing after entering inactive status, the licensee must submit the following:

(a) Renewal application form;

(b) Payment of delinquency and renewal fees pursuant to OAR 331-640-0005;

(c) Documentation of having obtained required annual continuing education under OAR 331-650-0005, on a form prescribed by the agency, whether license has been current or inactive;

(4) EXPIRED AUTHORIZATION: A license that has been inactive for more than three years is expired and the licensee must reapply and meet the requirements listed in OAR 331-630-0001.

(5) A licensee failing to meet continuing education requirements listed under OAR 331-650-0005 must reapply and meet requirements pursuant to OAR 331-630-0001.

(6) A licensee may not practice with an inactive or expired license.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-650-0005

Continuing Education Requirements

(1) To maintain licensure, hearing aid specialists must complete a minimum of 12 hours of approved continuing education each year. Credit hours obtained in excess of those required for the one-year reporting period may not be carried forward. A licensee’s continuing education requirements remain in effect during the time a license is inactive.

(2) Each licensee shall document compliance with the continuing education requirement through attestation on the license renewal application. Licensees are subject to provisions of OAR 331-650-0015 pertaining to periodic audit of continuing education.

(3) Approved continuing education must be obtained by participation in or attendance at a course provided by an accredited college or university, a course or program approved by the International Hearing Society or an agency pre-approved course or program.

(4) Continuing education must address subject matter related to dispensing hearing aids in accordance with ORS 694.015 through 694.185.

(5) CE credit will be awarded based on the following criteria:

(a) Completion and passing of academic courses taken 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) Completion of professional courses which meet academic course requirements in content, instruction and evaluation 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; and

(c) Courses that do not meet standards as set forth in paragraphs (a) and (b) of this subsection, such as workshops, symposiums, seminars, laboratory exercises, or any applied experience with or without formal classroom work may be assigned credit at the rate of one hour for each hour of attendance.

(6) No more than three hours may be earned in one year for courses in cardiopulmonary resuscitation;

(7) Licensees must complete a two hour course in Safety and infection Control once every two years.

(8) Documentation supporting compliance with continuing education requirements must be maintained for a period of two years following renewal, and must be available to the agency upon request.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-650-0015

Continuing Education: Audit, Required Documentation and Sanctions

(1) The Oregon Health Licensing Agency will audit a percentage of licensees, as determined by the Board, to verify compliance with continuing education requirements of this rule.

(2) Licensees notified of selection for audit of continuing education attestation shall submit to the agency, within 30 calendar days from the date of issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-650-0005.

(3) If selected for audit, the licensee must provide documentation of the required continuing education, which must include:

(a) For courses provided by an accredited college or university — An official transcript from the accredited college or university;

(b) For International Hearing Society (IHS) approved programs or courses – A certificate of completion that includes the IHS approval number; or

(c) For agency pre-approved programs or courses — A certificate of completion or other agency approved documentation that includes the agency pre-approval number.

(4) If documentation of continuing education 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.

(5) 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.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-660-0000

Standards of Practice

In addition to the standards prescribed under ORS 694.142, the Council adopts the following standards of practice to establish and maintain a high standard of integrity and dignity in the profession of hearing aid specialists. A licensee must:

(1) Maintain a clean and safe environment to ensure the health, safety, and welfare of clients and staff in the licensee’s facility;

(2) Ensure consistent and high quality services and devices that meets the needs of the hearing aid clients;

(3) Participate, as appropriate, with the ownership, management, or governing body to plan, implement, and evaluate written policies and procedures to allow that provision of hearing aid services are in compliance with all local, state, and federal laws and regulations;

(4) Communicate and problem solve regularly with the staff, co-workers and governing body to allocate resources properly. The hearing aid specialist must foster effective communication and problem solving between staff, co-workers, governing body and clients; and

(5) Plan, implement, and evaluate an integrated financial program to ensure compliance with all local, state, and federal laws and regulations; quality devices and services; and appropriate and accurate billing for devices and services.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-660-0010

Standards of Professional Conduct

The Council adopts the following standards of professional conduct to protect the public against unprofessional conduct on the part of hearing aid specialists. A licensee must:

(1) Comply with all local, state, and federal laws and regulations concerning the provision of hearing aids. The licensed hearing aid specialist shall cooperate with any investigation of the regulatory bodies;

(2) Exercise appropriate supervision and responsibility over the activities of staff;

(3) Protect client’s rights as required by state and federal laws;

(4) Take appropriate steps to avoid discrimination against residents on basis of race, color, sex, religion, age, national origin, disability, marital status, ancestry, sexual orientation or any other factor that may be discriminatory or not related to bona fide requirements of quality service; and

(5) Possess and maintain the competencies necessary to effectively perform the responsibilities as a hearing aid specialist, including but not limited to:

(a) Exercising ethical and professional decision-making and judgment;

(b) Exemplifying a philosophy focused on the provision of accurate and high-quality services and devices, as well as on generally accepted standards;

(c) Abiding by and keeping confidential client information; and

(d) Keeping current with standards of practice.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-660-0020

Safety and Infection Control Requirements

(1) Each licensee shall keep areas of their facility for otoscopic examination, earmold impression taking, and audiometric examination clean and sanitary.

(2) Impression tools, otoscopic examination equipment and other devices that come in direct contact with the client must be disinfected prior to use. Licensees shall use an EPA registered high-level disinfectant, following the manufacturer’s directions, to disinfect nondisposable equipment and tools.

(3) Disposable or disinfected otoscopic specula must be used when examining each ear.

(4) Licensees must wash or sanitize hands prior to taking an earmold impression.

(5) Licensees must observe the Universal Precautions as defined in Oregon Administrative Rule 437-002-0360(26), and 29 CFR 1910.1030 bloodborne pathogen standards, when providing services to consumers. Precautions to reduce the likelihood of exposure include hand washing, gloving, using personal protective equipment, preventing injury, ensuring proper handling and disposal of needles and other sharp instruments and of products or equipment contaminated with blood and body fluids.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-660-0030

Audiometric Testing Equipment

Licensed hearing aid specialists shall maintain audiometric testing equipment, currently used in the practice of administering evaluations, in proper working order at all times and shall be prepared to provide their record of at least annual calibration to a representative of the agency when so requested, upon inspection, or during an investigation conducted by the agency.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-660-0040

Statement to Prospective Purchaser

(1) The term “purchaser” as used in ORS chapter 694 and OAR chapter 331, division 660, means any person who purchases or proposes to purchase hearing aid(s) and any person on whose behalf hearing aid(s) are purchased or proposed to be purchased. In the case of a client who is a minor child or other person without legal capacity to contract, the person’s parent, legal guardian, or legal representative is the “purchaser.”

(2) To assist prospective purchasers in making an informed decision regarding the sale of hearing aid(s), licensees must provide prospective purchasers with complete and accurate disclosure of facts regarding licensee services, the hearing aid(s) purchase price, delivery and consummation of sale defined in OAR 331-620-0005, and information about the purchaser’s right to rescind or cancel a sale and the procedures for rescinding the sale and returning the hearing aid(s) according to the provisions of ORS 694.042.

(3) The Statement to Prospective Purchaser (Statement) is a contract prepared and signed by the licensee and agreed to by the purchaser. This Statement contains required information listed in ORS 694.036 regarding licensee and purchaser information, medical observation criteria and referral to physician if medical conditions are present, specifications and conditions of the hearing aid(s), terms of any warranty or expressed guarantee, and how to file a complaint with the agency.

(4) Licensees are required to provide all information and facts specified in this rule before the consummation of the sale, which is the delivery of the hearing aid(s) to the purchaser and the date that starts the 30-day rescission period.

(5) Statement Content. In addition to the information prescribed by ORS 694.036, the Statement must include the following information and facts about the purchase of hearing aid(s):

(a) Date of sale;

(b) Purchaser name, address and signature;

(c) Licensee name, address, telephone number, license number and signature;

(d) The purchase price, which includes the cost of the hearing aid(s) and all related fees;

(e) An accurate description of the hearing aid as new, demonstration instrument, reconditioned, or used;

(f) Delivery date of hearing aid(s);

(g) Date the 30-day rescission period ends;

(h) The portion of the total purchase price that will be retained by the licensee, not to exceed 10% of the contract purchase amount or $250 per hearing aid, whichever amount is less, if the purchaser rescinds the sale under provisions of ORS 694.042 within the 30-day rescission period;

(i) Date and place of post-delivery follow-up session agreed upon by the licensee and hearing aid user as stated in subsection (9) of this rule;

(j) A printed or reproduced copy of ORS 694.042 Right to Rescind A Hearing Aid Purchase in its entirety, which includes the procedures for returning the hearing aid(s) to the licensee;

(k) The following statement, initialed by the purchaser: “Copies of my audiogram and the results of tests or verification procedures were offered to me by the licensee, and I hereby acknowledge receipt of the records or that I declined the offer.”;

(l) The following statement about filing complaints: “Complaints regarding the sale, lease, or attempted sale or lease of hearing aids should be directed in writing to: Oregon Health Licensing Agency, 700 Summer Street NE, Suite 320, Salem, OR 97301-1287. Complaint forms may be obtained by calling 503-378-8667 or at the Agency’s Web site: http://www.oregon.gov/OHLA/Consumer_help_complaint.shtml”; and

(m) A statement acknowledging that the purchaser has read and understands the information contained in the Statement, signed by the purchaser and dated;

(6) Statement Format. The Statement must be printed on forms measuring no less than 8 ? inches wide by 11 inches long, with a minimum 10-point typeset, and be legibly written.

(7) Licensees must provide the purchaser a new Statement for each hearing aid or set of hearing aids, unless the hearing aid(s) is an exact replacement of the device listed in a previous Statement provided to the purchaser.

(8) Refund. Any monies paid by or on behalf of the purchaser toward the hearing aid must be refunded to the payer if the delivery of the hearing aid to the purchaser is cancelled. The purchaser shall incur no additional liability for the cancellation.

(9) Post Delivery Follow-Up. Licensees will conduct and document a minimum of one post-delivery follow-up session with the hearing aid user before the expiration of the 30-day rescission period. The follow-up session will take place at the original place of the sale or at a predetermined location agreed upon at the time of initial delivery, or at a time and place agreed to within the 30-day rescission period.

(b) The licensee must document in the hearing aid user’s record any change to the agreed-upon location or date of the post-delivery follow-up session, and, if the licensee is unable to contact the hearing aid user or to provide the follow-up session, the reason(s) why.

(10) In Home Sales. Sales of hearing aids made at the purchaser’s residence and not at the licensee’s place of business, require disclosure of federal guidelines related to “in home sales” and the purchaser’s right to cancel the transaction and receive a full refund of monies paid to the licensee. The following federal disclosure statement must be completed and affixed to the Statement to Prospective Purchaser when a licensee sells a hearing aid(s) at the purchaser’s home.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-660-0050

Additional Conditions for Referral

(1) In addition to the conditions listed in ORS 694.142 a hearing aid specialist shall not fit or dispense a hearing aid for use without first determining if the following conditions exist and, if so, referring the prospective purchaser to a physician:

(a) Evidence of significant cerumen accumulation in the auditory canal preventing visual inspection of the external auditory canal or external auditory meatus and tympanic membrane or foreign body in the ear canal; or

(b) Pain or discomfort in the ear.

(2) A Waiver of Medical Opinion form as required by ORS 694.142(6) must include the hearing aid specialist’s name and license number, the purchaser’s name, address and signature with date as well as the following statement: “I do not desire to have a medical evaluation before purchasing a hearing aid.”

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-660-0060

Standards of Conduct

(1) Licensees must comply with the requirements of ORS 694.142, and all other applicable statutes and rules.

(2) Licensees must conform to state or federal laws regulating retail contracts or to any affirmation of fact or promise made in writing by the licensee which relates to the hearing aid or fitting and dispensing services and which becomes a part of the basis of the transaction when the purchaser relies on it or is, in part, induced into making purchase by it.

(3) Licensees must not make inaccurate or misleading representations or statements as to the efficacy of a hearing aid(s) for improving hearing.

(4) Licensees may not use a title or abbreviation that is misleading or may convey that the licensee holds a credential that is not related to hearing instrument sciences, without designating the professional field for which the credential was issued. Hearing instrument sciences includes, but is not limited to, core competencies identified in ORS 694.075.

(5) The Council recognizes and adopts the revised International Hearing Society’s Code of Ethics, as adopted October 1983 and revised March 2009, as its professional standards model. A copy of the document is on file at the agency for review, and may be accessed at the following Web site: http://insinfo.org/lhsV2/Resources/020_Code_Of_Ethics.cfm

(6) During the hearing test or evaluation for fitting a client with a hearing aid(s), the following items must be completed. If the case history and tests were completed within the previous six months and there has been no substantial change in the client’s hearing, the following tests may be performed at the discretion of the licensee:

(a) Confidential client case history;

(b) Puretone Air Conduction Threshold testing (should include at a minimum, the following frequencies - 250, 500, 1000, 2000, 3000, 4000, and 6000 or 8000 Hz);

(c) Puretone Bone Conduction Threshold testing (should include at a minimum, the following frequencies - 500, 1000, 2000, and 4000 Hz);

(d) Speech Recognition Threshold testing (SRT);

(e) Word Recognition Score (WRS) also known as speech discrimination testing;

(f) Most Comfortable Listening Level (MCL); and

(g) Uncomfortable Listening Level (UCL).

(7) For children who are unable to perform the tests listed in subsection (6) of this rule, an objective measure that meets prevailing professional standards can be used to assess auditory function. The test must be completed by a licensed audiologist or physician.

(8) Licensees must perform one or more of the following verification procedures, within the 30-day rescission period.

(a) Soundfield testing for speech discrimination;

(b) Soundfield testing for puretone thresholds;

(c) Real-ear probe microphone measurements;

(d) Speech mapping; and

(e) Other industry accepted objective measures.

(9) Licensees must post the following statement in public view on the business premises or provide the purchaser with a written notice stating: “Individuals are entitled to a copy of the audiogram used to conduct hearing evaluations and any test results.” If copies of the audiogram specified in OAR 331-660-0070, or results of tests or verification procedures conducted under subsections (6) and (8) of this rule are requested, they must be provided to the purchaser.

(10) Licensees who are unable to complete testing for reasons such as a client’s medical condition or inability to perform tests or verification procedures are excused from compliance with the relevant parts of subsections (6) and (8) but must document the reasons in the client’s record.

(11) Tests listed in subsection (8) of this rule will be used to determine the fitted hearing aid(s) ability to meet current industry standards in reference to ORS 694.042(1)(c), during investigation of complaints filed with the agency.

(12) Licensees must maintain a record of the technical specifications issued by a manufacturer for the hearing aid(s) that have been delivered to or purchased by their clients. The specifications must be available for inspection by the agency’s representatives upon request.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-660-0070

Uniform Measurement Standards

(1) The Council recognizes and adopts the following uniform set of hearing loss measurement standards required for use when interpreting audiograms using 0 — 110 for degrees of decibel hearing loss (dB HL) and 125 — 8000 Hz for frequency. This set of uniform measurement standards must be used for advising consumers on peripheral or cochlear hearing loss: [Table not included. See ED. NOTE.]

(2) Hearing loss may have a greater effect on children than adults. The degree of hearing loss does not necessarily reflect the degree of impairment.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12

331-660-0080

Client Record Requirements

(1) For the purpose of clarifying record keeping requirements, the term “client” as used in this rule, means the individual who is a consumer, purchaser, potential purchaser or hearing-aid wearer.

(2) Required Records. Licensees must record, update and maintain documentation for each client relevant to health history, clinical examinations and treatment, and financial data. Documentation shall be written or computerized. Records must include the following information:

(a) Basic client information, including name, address, telephone number and dates of service;

(b) Health history relevant to hearing evaluation or fitting of a hearing aid(s), including referral to a physician or a Waiver of Medical Opinion form required by ORS 694.142(6);

(c) Identification of any conditions that would require referral to a physician licensed under ORS chapter 677, as required in ORS 694.142(1) and OAR 331-660-0050, and a notation that the client was referred;

(d) Audiograms as specified in OAR 331-660-0070 and results of tests or verification procedures as specified in OAR 331-660-0060;

(e) A copy of the Statement to Prospective Purchaser required by ORS 694.036 and OAR 331-660-0040, including client’s signature and date acknowledging that the client has read and understands the information contained in the purchase agreement;

(f) A copy of the Right to Rescind a Hearing Aid Purchase giving notice of rights under ORS 694.042; and

(g) Date and description of services rendered in the form of “chart notes”, including any complications. Chart notes must include the recorder’s initials, license number and professional title if multiple practitioners provide service to the client.

(3) Record Format. Records and documentation must be accurate, complete, and legible, typed or recorded using ink. Legible hand-written or electronic records are acceptable.

(4) Record Identifiers. Client records listed in subsection (1) of the rule, must include the licensee’s name, license number, professional title or abbreviation, and signature or initials somewhere on the documentation as a means of identifying the person who is providing service to the client. This information may be affixed to the record(s) in the form of a professional stamp or handwritten entry.

(5) Record Retention. All client records and documentation, written or archived electronically by computer, must be stored and maintained for a minimum of seven years after the licensee has last seen the client or past the age of minority, so that the records are safeguarded, readily retrievable, and available for inspection by the Oregon Health Licensing Agency’s representative.

Stat. Auth.: ORS 376.615, 694.115, 694.170, 694.185
Stats. Implemented: ORS 694.025, 694.125, 694.185
Hist.: HLA 13-2012, f. 8-16-12, cert. ef. 8-17-12


 

Rule Caption: Adopt qualifications and requirements for polysomnographic technologist licensure including pathways to licensure and supervision.

Adm. Order No.: HLA 14-2012

Filed with Sec. of State: 9-12-2012

Certified to be Effective: 9-14-12

Notice Publication Date: 7-1-2012

Rules Adopted: 331-710-0060, 331-710-0070, 331-710-0080, 331-710-0090, 331-710-0100, 331-710-0110

Rules Amended: 331-710-0010, 331-710-0040, 331-710-0050, 331-712-0010

Subject: Repeal requirement that an individual applying for licensure must provide proof of high school diploma or General Education Degree (GED) and align with statutory requirement of a high school diploma or equivalent pursuant to ORS 688.815.

 Align timeline for passing the Board approved examination with other Agency programs to two-years.

 Amend documentation of 18 months experience to “work experience” pursuant to OAR 331-710-0110 and require passage of Oregon Laws and Rules Examination for Polysomnography.

 Adopt application requirements for polysomnographic technologist’s licensure. Pathways to licensure include the following: Pathway 1 academic degree pursuant to ORS 688.819(1); Pathway 2 completion of the polysomnographic technologist temporary licensee training requirements; Pathway 3 reciprocity and Pathway 4 endorsement with proof of current license as a physician or respiratory therapist or credential from the National Board of Respiratory Care as a Certified Respiratory Therapist or Registered Respiratory Therapist with the Sleep Disorder Specialty.

 Adopt rule which defines the a Polysomnographic Technologist under direct and indirect supervision including timeline, supervision requirements and notification of changes.

 Adopt application requirements for a Polysomnographic Technologist-Direct Supervision licensee including minimum education requirements and completion of the American Academy of Sleep Medicine (AASM) Accredited Sleep Technology Education Program (A-STEP) Self Study modules.

 Adopt application requirements for a Polysomnographic Technologist-Indirect Supervision including minimum number of sleep studies performed and passage of the Oregon Laws and Rules Examination.

 Adopt rule which specifies requirements for being an approved supervisor for temporary polysomnographic technologist including current licensure as a polysomnographic technologist with no current or pending disciplinary action, three years experience in polysomnography, ratio of patients to supervisors, notification requirements and documentation of work experience.

 All provisions related to temporary polysomnography licensure, supervision for polysomnographic technologist or work experience begins October 15, 2012.

Rules Coordinator: Samantha Patnode—(503) 373-1917

331-710-0010

Application Requirements for a Respiratory Therapist License

An individual applying for licensure to practice respiratory care must:

(1) Meet the requirements of OAR 331 division 30.

(2) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application and license fees.

(3) Submit fingerprint-based national criminal background check pursuant to OAR 331-030-0004;

(4) Be at least 18 years of age and provide official documentation confirming date of birth, such as a copy of the birth certificate, driver’s license, passport or military/government identification;

(5) Submit proof of having a high school diploma or equivalent; and

(6) Submit current certification in cardiopulmonary resuscitation from an Agency approved provider; and

(7) Submit documentation of qualification for licensure through one of the following pathways:

(a)(A) License Pathway One — National Credentialing: An applicant for licensure through national credentialing must submit:

(B) An official documentation demonstrating that the applicant has successfully passed the Board approved examination listed under OAR 331-712-0000, within two years before the date of application. The documentation of a passing score must be mailed by the organization to the Agency. Copies of examination results or other documentation provided by the applicant are not acceptable.

NOTE: The applicant is responsible for payment of fees assessed by the organization when obtaining required official documentation.

(b) License Pathway Two — Reciprocity

An applicant for licensure through reciprocity must submit:

(A) Submit an affidavit of licensure pursuant to OAR 331-030-0040, from every state where the applicant has been licensed as a respiratory therapist, including an affidavit of licensure demonstrating proof of a current respiratory therapist license from another state, obtained through qualifications substantially equivalent to Oregon’s requirements. At least one of the applicant’s out-of-state licenses must be active and all of the applicant’s out-of-state licenses must not be subject to current or pending disciplinary action, and must be free from disciplinary history for three years before the date of application for Oregon respiratory therapist licensure;

(B) Official documentation demonstrating that the applicant has successfully passed the Board approved examination listed under OAR 331-712-0000. The documentation of a passing score must be mailed by the organization to the Agency. Copies of examination results or other documentation provided by the applicant are not acceptable.

NOTE: The applicant is responsible for payment of any service fee the originating jurisdiction may assess for producing the Affidavit of Licensure.

Stat. Auth.: ORS 676.605, 676.615, 688.815 & 688.830
Stats. Implemented: ORS 676.605, 676.615, 688.815 & 688.830
Hist.: HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98; HDLP 2-1998, f. & cert. ef. 6-15-98; HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04; HLO 10-2004(Temp), f. & cert. ef. 11-8-04 thru 3-31-05; HLO 1-2005, f. 2-28-05 cert. ef. 3-1-05; HLA 7-2010, f. & cert. ef. 11-1-10; HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12

331-710-0040

Polysomnographic Technologists Grandfathering Requirements

(1) Pursuant to Oregon Laws 2011, Chapter 715, Sections 7 and 9, polysomnographic technologists must be licensed by January 1, 2013. A polysomnographic technologist license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(2) An individual applying for licensure who does not meet the requirements listed in Oregon Laws 2011, Chapter 715, Section 8, may be grandfathered into licensure by meeting the requirements of this rule on or before January 1, 2013. An applicant applying for licensure to practice polysomnography through the grandfathering process must:

(a) Meet the requirements of OAR chapter 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(c) Submit fingerprint-based national criminal background check pursuant to OAR 331-030-0004;

(d) Be at least 18 years of age and provide official documentation confirming date of birth, such as a copy of the applicant’s birth certificate, driver’s license, or passport;

(e) Submit proof of having a high school diploma or equivalent; and

(f) Submit current certification in cardiopulmonary resuscitation by an Agency approved provider;

(g) Submit proof of having obtained national credential as an RPSGT from the BRPT. Proof of national credentialing must be mailed to the Agency directly from the BRPT; copies of national credentialing mailed by the applicant are not acceptable;

(h) Submit official documentation verifying current registration with the BRPT at the time of application for Oregon licensure;

(i) Submit documentation of having work experience listed under OAR 331-710-0110 in polysomnography for at least 18 months of the last five years, on an Agency prescribed form.

(j) Submit examination fees;

(k) Submit satisfactory evidence of having passed the Board approved examination listed under OAR 331-712-0010(3) within two years before the date of application; and

(l) Submit appropriate licensing fees.

Stat. Auth.: ORS 676.605, 676.615, 688.815 & 688.830
Stats. Implemented: ORS 676.605, 676.615, 688.815 & 688.830
Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12

331-710-0050

Application Requirements for Polysomnographic Technologist License

(1) Provisions of this rule become effective October 15, 2012. Pursuant to Oregon Laws 2011, Chapter 715, Sections 7 and 9, polysomnographic technologists must be licensed by January 1, 2013.

(2) An individual applying for licensure to practice polysomnography who does not meet the grandfathering requirements or who applies for licensure after January 1, 2013 must:

(a) Meet the requirements of OAR chapter 331 division 30;

(b) Submit a completed application form prescribed by the Agency, containing the information listed in OAR 331-030-0000 and accompanied by payment of the required application fees;

(c) Submit fingerprint-based national criminal background check pursuant to OAR 331-030-0004;

(d) Be at least 18 years of age, and must provide documentation, confirming date of birth, such as a copy of the birth certificate, driver’s license or passport;

(e) Submit proof of having a high school diploma or equivalent;

(f) Submit current certification in cardiopulmonary resuscitation by an Agency approved provider; and

(3) Submit documentation of qualification through one of the following pathways:

(a) License Pathway OneAcademic Degree: An applicant under pathway one must:

(A) Submit official transcripts defined under OAR 331-705-0050 showing successful completion of an Associate’s degree in polysomnography, polysomnographic technology, or sleep technology from an accredited community college, college or university, or successful completion of a polysomnography course of study from a CAAHEP accredited institution;

(B) Submit satisfactory evidence of passage a Board approved examination listed under OAR 331-712-0010(1) within two years before the date of application. Examination results must be submitted to the Agency directly from the examination provider; examination results or other documentation provided directly by the applicant are not acceptable;

(C) Submit examination fees;

(D) Submit satisfactory evidence of having passed the Board approved examination listed under OAR 331-712-0010(3) within two years before the date of application; and

(E) Submit licensing fees.

(b) License Pathway TwoPolysomnographic Technologist Temporary Licensee: applying for permanent licensure must:

(A) Submit documentation showing completion of 18 months of work experience pursuant to OAR 331-710-0110, obtained under polysomnographic technologist temporary-DS licensure (See 331-710-0060) and temporary-IS licensure (See 331-710-0080), including verification by an approved supervisor pursuant to 331-710-0100, and certification of successful completion and satisfactory performance of such experience by a qualified medical director for polysomnography, all on forms provided by the Agency;

(B) Submit satisfactory evidence of passage of a Board approved examination listed under OAR 331-712-0010(1) or (2) within two years before the date of application. Examination results must be submitted to the Agency directly from the examination provider; examination results or other documentation provided directly by the applicant are not acceptable;

(C) Submit examination fees;

(D) Submit satisfactory evidence of having passed the Board approved examination listed under OAR 331-712-0010(3) within two years before the date of application; and

(E) Submit licensing fees.

(c) License Pathway ThreeReciprocity: An applicant for licensure by reciprocity must:

(A) Submit an affidavit of licensure pursuant to OAR 331-030-0040, from every state where the applicant has been licensed as a polysomnographic technologist, including an affidavit of licensure demonstrating proof of a current polysomnographic technologist license from another state, obtained through qualifications substantially equivalent to Oregon’s requirements. At least one of the applicant’s out-of-state licenses must be active and all of the applicant’s out-of-state licenses must not be subject to current or pending disciplinary action, and must be free from disciplinary history for three years before the date of application for Oregon polysomnographic licensure;

(B) Submit satisfactory evidence of having passed the Board approved examination listed under OAR 331-712-0010(3) within two years before the date of application; and

(C) Submit licensing fees.

(d) License Pathway FourEndorsement: An applicant may qualify for licensure by endorsement if the applicant holds a qualifying professional credential in another field. An applicant for licensure by endorsement must:

(A) Submit an affidavit of licensure pursuant to OAR 331-030-0040 demonstrating proof of a current license, which is active with no current or pending disciplinary action, and no disciplinary history for the three years before the date of application for Oregon polysomnographic licensure, as a:

(B) Physician (Doctor of Medicine or Doctor of Osteopathy) licensed under ORS Chapter 677;

(C) Respiratory therapist licensed under ORS chapter 688 with the RPSGT credential from the BRPT; or

(D) CRT or RRT who holds a Sleep Disorder Specialty credential through NBRC;

(E) Submit examination fees;

(F) Submit satisfactory evidence of having passed the Board approved examination listed under OAR 331-712-0010(3) within two years before the date of application; and

(G) Submit licensing fees.

Stat. Auth.: ORS 676.605, 676.615, 688.815 & 688.830
Stats. Implemented: ORS 676.605, 676.615, 688.815 & 688.830
Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12

331-710-0060

Polysomnographic Technologist Temporary-DS (Direct Supervision) Licensure

(1) Provisions of this rule become effective October 15, 2012. A polysomnographic technologist Temporary-DS license authorizes the holder to temporarily practice polysomnography under direct supervision by an approved supervisor.

(2) Direct supervision is supervision of the Temporary-DS licensee by an approved supervisor who is immediately physically present with the Temporary-DS licensee while the Temporary-DS licensee is working, and who exercises direction and control over the Temporary-DS licensee’s work.

(3) A polysomnographic technologist Temporary-DS license holder must notify the Agency within 10 calendar days of changes in employment status and changes in supervisor.

(4) A polysomnographic technologist Temporary-DS license is valid for six months and may not be renewed.

Stat. Auth.: ORS 676.615, 676.607, 688.819 & 688.830
Stats. Implemented: ORS 676.607, 676.615, 688.800, 688.815, 688.819 & 688.830
Hist.: HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12

331-710-0070

Application Requirements for Polysomnographic Technologist Temporary-DS License

Provisions of this rule become effective October 15, 2012. An applicant for a polysomnographic technologist Temporary-DS license must:

(1) Meet the requirements of OAR chapter 331 division 30;

(2) Submit a completed application form prescribed by the agency, containing the information listed in OAR 331-030-0000 and accompanied by payment of the required application fees;

(3) Submit fingerprint-based national criminal background check pursuant to OAR 331-030-0004;

(4) Be at least 18 years of age, and must provide documentation confirming date of birth, such as a copy of the birth certificate, driver’s license, or passport;

(5) Submit current certification in cardiopulmonary resuscitation from an Agency approved provider;

(6) Submit proof of having a high school diploma or equivalent; and

(7) Submit official transcripts defined under OAR 331-705-0050 or documentation approved by the Agency which shows a minimum of proof of successful completion of an Emergency Medical Technician Basic Program, Certified Nursing Assistant Level One Program or A-STEP Introductory Course; OR

(8) Submit official transcripts defined under OAR 331-705-0050 or documentation approved by the Agency which shows proof of successful completion of 80 clocks hours of professional or post-secondary coursework, provided by an in-person or real-time remote instructor, in two or more of the following: Human Anatomy and Physiology, Medical Law and Ethics, Basic Electrocardiogram, Introduction to Health Services, Chemistry for Health Occupations, Health Care Systems, Medifecta Healthcare Training Course, Polysomnographic Technologist Online Audiovisual Content, Basic Allied Health Classes and other courses approved by the agency; AND must

(9) Submit a certificate of completion for the AASM A-STEP Self Study Modules;

(10) Submit information identifying the applicant’s approved supervisor pursuant to OAR 331-710-0100, on a form prescribed by the Agency;

(11) Submit appropriate licensing fees.

Stat. Auth.: ORS 676.615, 676.607, 688.819 & 688.830
Stats. Implemented: ORS 676.607, 676.615, 688.800, 688.815, 688.819 & 688.830
Hist.: HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12

331-710-0080

Polysomnographic Technologist Temporary-IS (Indirect Supervision) Licensure

(1) Provisions of this rule become effective October 15, 2012. A polysomnographic technologist Temporary-IS license authorizes the holder to temporarily practice polysomnography under indirect supervision by an approved supervisor, after successfully completing Temporary-DS licensure.

(2) Indirect supervision is supervision of the Temporary-IS licensee by an approved supervisor who is physically present and onsite, but may not be immediately accessible at the sleep facility when the Temporary-IS licensee is working, who reasonably oversees the work of the Temporary-IS licensee, and who is available for questions and assistance when needed.

(3) A polysomnographic technologist Temporary-IS license holder must notify the agency within 10 calendar days of changes in employment status and changes in supervisor.

(4) A polysomnographic technologist Temporary-IS license is valid for one year and may be renewed once.

(5) A Temporary-IS licensee is prohibited from performing services on persons 12 and under.

Stat. Auth.: ORS 676.615, 676.607, 688.819 & 688.830
Stats. Implemented: ORS 676.607, 676.615, 688.800, 688.815, 688.819 & 688.830
Hist.: HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12

331-710-0090

Application Requirements for Polysomnographic Temporary-IS Licensure

Provisions of this rule become effective October 15, 2012. An applicant for a polysomnographic technologist Temporary-IS license must:

(1) Meet the requirements of OAR chapter 331 division 30;

(2) Submit fingerprint-based national criminal background check pursuant to OAR 331-030-0004;

(3) Submit a completed application form prescribed by the Agency, containing the information listed in OAR 331-030-0000 and accompanied by payment of required fees;

(4) Submit documentation of qualification through one of the following pathways:

(a) Temporary License-IS Pathway One: Temporary Licensee-DS: applying for Temporary-IS licensure must:

(A) Submit documentation of successful completion of 30 sleep tests as a polysomnographic technologist Temporary-DS licensee, which includes the signatures of an approved supervisor and certification by a qualified medical director for polysomnography of successful completion of 30 sleep studies and satisfactory performance;

(B) Submit examination fees;

(C) Complete and pass the Oregon Laws and Rules examination for polysomnography within two years before the date of registration application;

(D) Submit information identifying the applicant’s approved supervisor on a form prescribed by the Agency; and

(E) Submit appropriate licensing fees.

(b) Temporary License-IS Pathway Two: An individual with qualified experience received prior to January 1, 2013, applying for Temporary-IS licensure must:

(A) Submit form prescribed by the Agency documenting completion of 30 sleep studies within the last six months which were prior to January 1, 2013. The form must be signed by a qualified medical director for polysomnography. The agency may accept up to six months of work experience if received prior to January 1, 2013.

(B) Submit examination fees;

(C) Complete and pass the Oregon Laws and Rules examination for polysomnography within two years before the date of registration application;

(D) Submit information identifying the applicant’s approved supervisor on a form prescribed by the Agency; and

(E) Submit appropriate licensing fees.

Stat. Auth.: ORS 676.615, 676.607, 688.819 & 688.830
Stats. Implemented: ORS 676.607, 676.615, 688.800, 688.815, 688.819 & 688.830
Hist.: HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12

331-710-0100

Supervision of a Temporary Polysomnographic Technologist

(1) Provisions of this rule become effective October 15, 2012. To be approved as a supervisor of a polysomnographic temporary licensee, an individual must:

(a) Hold a valid polysomnographic technologist license under ORS chapter 688 or provide proof of being a “qualified medical director for polysomnography” as defined in ORS 688.800(3);

(b) Have no current or pending disciplinary action imposed by the Agency or other regulatory body; and

(c) Submit proof of having been actively practicing polysomnography for at least three years prior to requesting approval as a supervisor; and

(d) Submit a completed request for approval on a form prescribed by the Agency;

(2) A polysomnography supervisor shall not supervise a temporary licensee until all Agency required documentation has been completed and submitted to the Agency and the supervisor has received Agency approval.

(3) A supervisor may supervise up to four patients per shift; whether they are the supervisor’s own patients or patients of temporary DS or IS licensees.

(4) An approved supervisor of a Temporary-DS licensee must be immediately physically present with the Temporary-DS licensee while the Temporary-DS licensee is working, and must exercise direction and control over the Temporary-DS licensee’s work.

(5) An approved supervisor of a Temporary-IS licensee must be physically present and onsite, but may not be immediately accessible at the sleep facility when the Temporary-IS licensee is working, and must reasonably oversee the work of the Temporary-IS licensee, and be available for questions and assistance when needed.

(6) An approved supervisor must notify the Agency in writing within 10 calendar days if a temporary polysomnographic technologist licensee is no longer being supervised, and must provide the number of hours of training completed on a form prescribed by the Agency.

(7) A designated supervisor must exercise management, guidance, and control over the activities of the temporary polysomnographic technologist and must exercise professional judgment and be responsible for all matters related to the polysomnography.

(8) Approval of a temporary polysomnographic technologist’s work experience under OAR 331-710-0110 must be documented by the handwritten signature of the approved supervisor, the supervisor’s license number, and date of supervisor’s review, placed beside the temporary polysomnographic technologist’s signature, on a form prescribed by the agency.

(9) An approved supervisor’s Agency approval may be withdrawn if the supervisor provides incomplete or inadequate training during supervision or falsifies documentation.

NOTE: This rule is not intended for or required of purely administrative supervisors.

Stat. Auth.: ORS 676.615, 676.607, 688.819 & 688.830
Stats. Implemented: ORS 676.607, 676.615, 688.800, 688.815, 688.819 & 688.830
Hist.: HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12

331-710-0110

Work Experience Requirements for Polysomnography

(1) Provisions of this rule become effective October 15, 2012. Work experience for polysomnography applicants must involve all of the following:

(a) Patient interaction & professional behavior;

(b) Patient assessment;

(c) Polysomnography theory;

(d) Performing polysomnography preparation and setup;

(e) Performing polysomnography recording and monitoring;

(f) Scoring sleep studies;

(g) Artifacts, and arrhythmias;

(h) Sleep related breathing disorders;

(i) Positive airway pressure and oxygen;

(j) Evaluation of sleepiness;

(k) Movement disorders: disorders involving arousal and seizures;

(l) Scoring waveforms;

(m) Scoring sleep stages;

(n) Scoring respiratory events;

(o) Scoring arousals, electroencephalography abnormalities, movements and cardiac events;

(p) Sleep deprivation;

(q) Insomnia;

(r) Medications and sleep;

(s) Circadian sleep and shift work

(t) Arrhythmia recognition;

(u) Emergency procedures and care;

(v) Patient education and mask fitting;

(w) Pediatric sleep; and

(2) For the purpose of this rule “Artifact” means an extraneous electrical signal in a recording channel on a polysomnograph, which originates from the patient, equipment, or external sources, and which may mask or interfere with the desired signal (E.g., snores that appear on the EEG channel, pulses of hypertensive patients that appear on the chin EMG channel, etc.).

NOTE: A Temporary-IS licensee is prohibited from performing services on persons 12 and under. See OAR 331-710-0080.

Stat. Auth.: ORS 676.615, 676.607, 688.819 & 688.830
Stats. Implemented: ORS 676.607, 676.615, 688.800, 688.815, 688.819 & 688.830
Hist.: HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12

331-712-0010

Polysomnography Approved Examinations

The Board has approved the following examinations for qualification as a licensed polysomnographic technologist:

(1) The RPSGT “registration examination” administered by the BRPT;

(2) The SDS examination administered by the NBRC; and

(3) The Oregon Laws and Rules examination for polysomnography administered by the Agency.

NOTE: An applicant is responsible for direct payment to the organization of all application, examination, national certification or other fees associated with any examination.

Stat. Auth.: ORS 676.607, 676.615, 688.830 & 2011 OL Ch. 715
Stats. Implemented: ORS 676.606, ORS 676.607, ORS 676.612, 676.615, 676.625, 688.815 & 688.830, 688.834, 688.836 & 2011 OL Ch. 715
Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 14-2012, f. 9-12-12, cert. ef. 9-14-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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