(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 referenced are available from the agency.]
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