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OREGON HEALTH AUTHORITY, 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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contained in the Administrative Order filed at the Archives Division,
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published version are satisfied in favor of the Administrative Order.
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