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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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HEALTH LICENSING OFFICE

 

DIVISION 650

CONTINUING EDUCATION REQUIREMENTS

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

331-650-0010

Schedule of Civil Penalties for Violations of Laws and Rules

The agency has adopted the following presumptive penalty schedule for the violations of the following laws and rules. The following schedule shall apply except as the agency otherwise determines in consideration of the factors referred to in OAR 331-020-0060. For subsequent offenses, the provisions of 331-020-0060 will apply.

(1) Dealing in or purporting to deal in hearing aids with an expired license is a violation of ORS 694.025 and OAR 331-030-0010(4) and shall incur the following penalties:

(a) For 1st offense: $200;

(b) For 2nd offense: $500;

(c) For 3rd offense: $1,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

(2) Dealing in or purporting to deal in hearing aids without a license, with a license issued to another person, or a suspended license is a violation of ORS 694.025 and/or 676.612(1)(d) or 676.612(4) and OAR 331-030-0020(1) and shall incur the following penalties:

(a) For 1st offense: $1,000;

(b) For 2nd offense: $5,000 in addition to any other penalties allowed by law including revocation or refusal to issue a license.

(3) Failing as a licensee to inform the agency within 30-calendar days of a change of information is a violation of OAR 331-010-0040(1) and shall incur the following penalties:

(a) For 1st offense: $50;

(b) For 2nd offense: $100;

(c) For 3rd offense: $150.

(4) Dealing in hearing aids by a trainee when not under the direct supervision of a supervisor is a violation of ORS 694.025 and 694.065(2) and OAR 331-610-0020(1) and shall incur the following penalties:

(a) For 1st offense: $150;

(b) For 2nd offense: $300;

(c) For 3rd offense: $500.

(5) Failing, as a supervisor, to provide direct supervision of a trainee dealing in hearing aids is a violation of ORS 694.065(2), OAR 331-610-0020(1) and (6) and shall incur the following penalties:

(a) For 1st offense: $500;

(b) For 2nd offense: $1,000 and suspension of the authorization to provide supervisory training;

(c) For 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

(6) Failing, as a supervisor, to exercise management, guidance, and control over the activities of the temporary hearing aid specialist is a violation of ORS 676.612(1)(j) and OAR 331-610-0030(3) shall incur the following penalties:

(a) For 1st offense: $500;

(b) For 2nd offense: $1,000 and suspension of the authorization to provide supervisory training;

(c) For 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

(7) Failing, as a supervisor, to evaluate and approve all matters involved in the testing, fitting, or in the sale of a hearing aid by a temporary hearing aid specialist before ordering the recommended hearing aid(s) is a violation of ORS 676.612(1)(j) and OAR 331-610-0030(2) and/or (4) and shall incur the following penalties:

(a) For 1st offense: $500;

(b) For 2nd offense: $1,000 and suspension of the authorization to provide supervisory training;

(c) For 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

(8) Failing, as a supervisor of a temporary hearing aid specialist, to co-sign and approve the audiogram, order form and office copy of statement, or failing to mail or provide a copy of the statement to the prospective hearing aid purchaser as required in ORS 694.036 and 694.042 is a violation of 676.612(1)(j) and OAR 331-610-0030(4) and shall incur the following penalties:

(a) For 1st offense: $300;

(b) For 2nd offense: $1,000 and suspension of the authorization to provide supervisory training;

(c) For 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

(9) Failing to meet continuing education requirements pursuant to OAR 331-630-0000(1), or to provide or retain required documentation is a violation of 331-630-0000(11) and/or 331-630-0010(2) and shall incur the following:

(a) For 1st offense: $500 and suspension or revocation of license;

(b) For 2nd offense: $1,000 and suspension or revocation of license;

(c) For 3rd offense: $5,000 in addition to any other penalties allowed by law including revocation or refusal to issue a license.

(10) Failure to correct continuing education deficiencies within prescribed time frames is a violation of OAR 331-630-0010(4) and shall incur the following penalties:

(a) For 1st offense: $500 and suspension or revocation of license;

(b) For 2nd offense: $1,000 and suspension or revocation of license;

(c) For 3rd offense: $5,000 in addition to any other penalties allowed by law including revocation or refusal to issue a license.

(11) Disqualification from an examination as a result of conduct is a violation of OAR 331-610-0050(2) and shall incur the following penalties: $1,000, disqualification from reexamination as determined by the agency director and revocation of temporary hearing aid specialists license

(12) Failing to keep the facility clean and sanitary is a violation of OAR 331-640-0010(1) and shall incur the following penalties:

(a) For 1st offense: $100;

(b) For 2nd offense: $300;

(c) For 3rd offense: $1,000.

(13) Failing to disinfect devices after direct contact with client’s skin is a violation of OAR 331-640-0010(2) and shall incur the following penalties:

(a) For 1st offense: $100;

(b) For 2nd offense: $300;

(c) For 3rd offense: $1,000.

(14) Failing to wash or sanitize hands before taking an ear mold impression is a violation of OAR 331-640-0010(4) and shall incur the following penalties:

(a) For 1st offense: $100;

(b) For 2nd offense: $300;

(c) For 3rd offense: $1,000.

(15) Failing to calibrate or provide proof of calibration on audiometric testing equipment is a violation of OAR 331-640-0020 and shall incur the following penalties:

(a) For 1st offense: $100;

(b) For 2nd offense: $300;

(c) For 3rd offense: $1,000.

(16) Failing to provide a client with a properly formatted Statement to Prospective Purchaser is a violation of ORS 694.036(1) and OAR 331-640-0030(1) and shall incur the following penalties per violation:

(a) For 1st offense: $300;

(b) For 2nd offense: $500;

(c) For 3rd offense: $1,000.

(17) Failing to obtain a signed medical waiver is a violation of ORS 694.142(6) and OAR 331-640-0040(2) and shall incur the following penalties per violation:

(a) For 1st offense: $300;

(b) For 2nd offense: $500;

(c) For 3rd offense: $1,000.

(18) Failing to respond timely to an agency request for information regarding a complaint is a violation of OAR 331-020-0050 and shall incur the following penalties per violation:

(a) For 1st offense: $300;

(b) For 2nd offense: $500;

(c) For 3rd offense: $1,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

(19) Failing to comply with the additional standards of conduct is a violation of ORS 676.612(1)(j) and OAR 331-640-0050(1), (2), (3) and/or (4) and shall incur the following penalties per violation:

(a) For 1st offense: $500;

(b) For 2nd offense: $1,000;

(c) For 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

(20) Failing or refusing to rescind the sale of a hearing aid is a violation of ORS 676.612(1)(j) and (2), 694.042(4), and 694.147(2)(a) and shall incur a civil penalty established on a case-by-case basis.

(21) Failing to meet professional standards in dealing in hearing aids in violation of ORS 676.612(1)(j), 694.147(2)(c) or OAR 331-640-0050(3) and shall incur the following penalties per violation:

(a) For 1st offense: $500;

(b) For 2nd offense: $1,000;

(c) For 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

(22) Fraud or misrepresentation in the practice of dealing in hearing aids is a violation of ORS 676.612, 694.147(2) or OAR 331-640-0050(3) and shall incur the following penalties per violation:

(a) For 1st offense: $500;

(b) For 2nd offense: $1,000;

(c) For 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

(23) Unprofessional conduct is a violation of ORS 676.612(1)(j), 694.147(2)(c) or OAR 331-640-0050(3) and shall incur the following penalties per violation:

(a) For 1st offense: $500;

(b) For 2nd offense: $1,000;

(c) For 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

Stat. Auth.: ORS 676.615, 676.992 & 694.147
Stats. Implemented: ORS 676.615, 676.992 & 694.147
Hist.: HD 8-1990, f. 4-4-90, cert. ef. 4-5-90; HD 23-1993, f. 12-30-93, cert. ef. 1-1-94; HD 18-1997, f. 12-12-97, cert. ef. 12-15-97; Renumbered from 333-025-0075, HLO 6-2004, f. 6-29-04, cert. ef. 7-1-04

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

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