ORS Chapter 694
HEARINGAID SPECIALISTS
OCCUPATIONSAND PROFESSIONS
GENERALPROVISIONS
694.015 Definitionsfor ORS 694.015 to 694.185
694.025 Licenserequired to deal in hearing aids; exceptions
694.032 Offerfor or sale of hearing aid by direct mail; availability of fitting
694.036 Statementto prospective hearing aid purchaser; contents; copy retained
694.042 Rightto rescind hearing aid purchase; grounds; notice of rescission; time limit;refund
LICENSING
694.055 Applicationfor license; qualifications; fee
694.065 Trainingand experience requirements; licensing examination; rules
694.085 Licensing;fees
694.115 Noticeto Oregon Health Licensing Agency of place of business; notice to licensees byagency
694.125 Licenserenewal, reactivation and reinstatement; fees; rules; display of license;continuing education requirement
694.142 Standardsof practice; rules; duty to refer; exceptions
694.147 Disciplinaryauthority of Oregon Health Licensing Agency
ADMINISTRATION
694.155 Powersand duties of Oregon Health Licensing Agency; rules
694.165 AdvisoryCouncil on Hearing Aids; qualifications; terms; compensation and expenses
694.170 Dutiesof council
694.185 Fees;rules; disposition of receipts
PENALTIES
694.991 Penalties;concurrent jurisdiction of offenses
694.010 [Repealed by1959 c.406 §34]
GENERALPROVISIONS
694.015Definitions for ORS 694.015 to 694.185. As used in ORS 694.015 to 694.185,unless the context requires otherwise:
(1)“Council” means the Advisory Council on Hearing Aids, created within the OregonHealth Licensing Agency.
(2)“Dealing in hearing aids” means the sale, lease or rental or attempted sale,lease or rental of hearing aids in conjunction with the evaluation ormeasurement of the powers or range of human hearing and the recommendation,selection or adaptation of hearing aids.
(3) “Hearingaid” means any prosthetic instrument or device designed for or represented asaiding, improving or correcting defective human hearing and any parts,attachments or accessories of such an instrument or device. A hearing aid isnot intended to include any device which is surgically implanted or otherwisemedically inserted by a physician licensed by ORS chapter 677 for the purposeof treating or correcting a hearing impairment. [1959 c.634 §1; 1967 c.631 §1;1971 c.650 §28; 1985 c.227 §3; 1999 c.885 §43; 2005 c.648 §87]
694.020 [Amended by1955 c.689 §2; repealed by 1959 c.406 §34]
694.025License required to deal in hearing aids; exceptions. (1) A personmay not deal in hearing aids or display a sign or in any other way advertise orrepresent that the person deals in hearing aids unless the person holds a validlicense issued by the Oregon Health Licensing Agency as provided in ORS 694.015to 694.185.
(2)Notwithstanding subsection (1) of this section, ORS 694.015 to 694.185 do notapply to:
(a)An audiologist licensed under ORS chapter 681.
(b)A physician licensed under ORS chapter 677. [1959 c.634 §2; 1967 c.631 §2; 1971c.650 §29; 1985 c.227 §4; 2005 c.648 §88; 2009 c.701 §62a]
694.028 [1985 c.227 §20;1993 c.133 §1; 2005 c.648 §89; repealed by 2009 c.701 §67]
694.030 [Amended by1955 c.689 §3; repealed by 1959 c.406 §34]
694.032Offer for or sale of hearing aid by direct mail; availability of fitting. (1) It shall beunlawful for any person to offer for sale or sell a hearing aid in this stateby direct mail.
(2)Any offer for sale or sale of a hearing aid in this state must include theavailability of fitting the hearing aid in this state prior to the sale.
(3)Nothing in this section is intended to prohibit advertising by mail or deliveryof a hearing aid by mail if the fitting and sale were completed in this state. [1989c.858 §2]
694.035 [1959 c.634 §12;1967 c.631 §3; repealed by 1975 c.673 §1 (694.036 enacted in lieu of 694.035)]
694.036Statement to prospective hearing aid purchaser; contents; copy retained. (1) Prior toconsummation of the sale of a hearing aid, a person dealing in hearing aidsshall deliver to the prospective purchaser a written statement, signed by theperson dealing in hearing aids. The statement shall be on a form prescribed bythe Oregon Health Licensing Agency that shall include but not be limited to allof the following:
(a)The name and address of the prospective purchaser.
(b)The date of the sale.
(c)Specifications as to the make, serial number and model number of the hearingaid or aids sold.
(d)The address or principal place of business of the person dealing in hearingaids.
(e)A statement to the effect that the aid or aids delivered to the purchaser areused or reconditioned, as the case may be, if that is the fact.
(f)The number of the hearing aid specialist license of the person dealing inhearing aids.
(g)The terms of any guarantee or expressed warranty, if any, made to the purchaserwith respect to such hearing aid or hearing aids, including that provided inORS 646A.460 to 646A.476 and 694.042.
(h)The address of the agency and the procedure for making a complaint under ORS694.015 to 694.185.
(i)In no smaller type than the largest used in the body copy portion, thefollowing bordered statement:
______________________________________________________________________________
Itis desirable that a person seeking help with a hearing problem (especially forthe first time) consult an ear doctor and obtain a clinical hearing evaluation.Although hearing aids are often recommended for hearing problems, another formof treatment may be necessary.
______________________________________________________________________________
(j)The signature of the prospective purchaser indicating that the prospectivepurchaser has read and understands the information contained in the statement.
(2)A duplicate copy of the statement required under subsection (1) of this sectionshall be kept for seven years by the person selling the hearing aid. Thestatement shall be made available to the agency upon request. [1975 c.673 §2(enacted in lieu of 694.035); 1985 c.227 §5; 1999 c.81 §2; 1999 c.885 §44; 2005c.648 §90; 2009 c.701 §55]
694.040 [Repealed by1959 c.406 §34]
694.042Right to rescind hearing aid purchase; grounds; notice of rescission; timelimit; refund.(1) In addition to any other rights and remedies the purchaser may have,including rights under ORS 646A.460 to 646A.476, the purchaser of a hearing aidshall have the right to rescind the transaction if:
(a)The purchaser for whatever reason consults a licensed medical physicianspecializing in diseases of the ear, or an audiologist not licensed under thischapter and not affiliated with anyone licensed under this chapter and licensedmedical physician, subsequent to purchasing the hearing aid, and the licensedphysician advises such purchaser against purchasing or using a hearing aid andin writing specifies the medical reason for the advice;
(b)The seller, in dealings with the purchaser, failed to adhere to the practicestandards listed in ORS 694.142, or failed to provide the statement required byORS 694.036;
(c)The fitting of the hearing instrument failed to meet current industrystandards; or
(d)The licensee fails to meet any standard of conduct prescribed in the law orrules regulating fitting and dispensing of hearing aids and this failureaffects in any way the transaction which the purchaser seeks to rescind.
(2)The purchaser of a hearing aid shall have the right to rescind the transaction,for other than the seller’s breach, as provided in subsection (1)(a), (b), (c)or (d) of this section only if the purchaser returns the product and it is ingood condition less normal wear and tear and gives written notice of the intentto rescind the transaction by either:
(a)Returning the product with a written notice of the intent to rescind sent bycertified mail, return receipt requested, to the licensee’s regular place ofbusiness; or
(b)Returning the product with a written notice of the intent to rescind to anauthorized representative of the company from which it was purchased.
(3)The notice described in subsection (2) of this section shall state that thetransaction is canceled pursuant to this section. The notice of intent torescind must be postmarked:
(a)Within 30 days from the date of the original delivery; or
(b)Within specified time periods if the 30-day period has been extended in writingby both parties. The consumer’s rescission rights can only be extended througha written agreement by both parties.
(4)If the conditions of subsection (1)(a), (b), (c) or (d) of this section andsubsection (2)(a) or (b) of this section have been met, the seller, withoutfurther request and within 10 days after the cancellation, shall issue a refundto the purchaser. However, the hearing aid specialist may retain a portion ofthe purchase price as specified by rule by the Oregon Health Licensing Agencywhen the purchaser rescinds the sale during the 30-day rescission period. Atthe same time, the seller shall return all goods traded in to the seller onaccount of or in contemplation of the sale. The purchaser shall incur noadditional liability for the cancellation. [1975 c.673 §6; 1985 c.227 §6; 1993c.133 §2; 1999 c.81 §3; 2003 c.547 §77; 2005 c.648 §91]
694.045 [1959 c.634 §3;repealed by 1967 c.631 §7]
694.050 [Repealed by1959 c.406 §34]
694.052 [1985 c.227 §22;repealed by 1997 c.319 §6]
LICENSING
694.055Application for license; qualifications; fee. An applicant for licensure underthis chapter shall pay a fee established by the Oregon Health Licensing Agencyunder ORS 694.185 and shall show to the satisfaction of the agency that theapplicant:
(1)Is a person 18 years of age or older.
(2)Has graduated from high school or has been awarded a General EducationalDevelopment (GED) certificate.
(3)Has completed the training and has the experience required under ORS 694.065. [1959c.634 §4; 1967 c.631 §4; 1973 c.182 §7; 1973 c.827 §76; 1985 c.227 §7; 1993c.133 §3; 1997 c.319 §1; 2001 c.104 §274; 2003 c.547 §78; 2005 c.648 §92]
694.060 [Repealed by1959 c.406 §34]
694.065Training and experience requirements; licensing examination; rules. (1) Before anapplicant may take the qualifying examination for licensure under ORS 694.015to 694.185, the applicant must:
(a)Meet the training and experience requirements established by the Oregon HealthLicensing Agency by rule;
(b)Meet the training requirements for licensure as an audiologist or forcertification of a licensed physician by the American Board of Otolaryngology;or
(c)Meet the requirements for certification by the National Board for Certificationin Hearing Instrument Sciences.
(2)An individual seeking to obtain the experience and training specified insubsection (1)(a) of this section necessary to take the examination shallobtain a trainee registration from the agency pursuant to rules adopted by theagency. A trainee registration issued pursuant to this subsection shall allowthe holder of the registration to obtain training and experience only under thedirect supervision of a hearing aid specialist licensed in the State of Oregon.
(3)Examination of applicants for licensure under ORS 694.015 to 694.185 shall beheld at least once each quarter at such times and places as the agency maydetermine.
(4)Timely and appropriate notice of the time and place of the examination shall begiven to each applicant and to each licensed hearing aid specialist supervisinga temporary hearing aid specialist pursuant to rules adopted by the agency.
(5)The agency, in consultation with the Advisory Council on Hearing Aids, shalladopt rules establishing standards for examination scope, format, minimumacceptable performance and reexamination qualifications. The examination shallbe sufficiently thorough to determine the qualifications, fitness and abilityof the applicant to practice as a hearing aid specialist. The examination maybe in the form of written, oral or practical demonstration of skills, or acombination of any such types. [1959 c.634 §§5,5a; 1967 c.631 §5; 1985 c.227 §8;1993 c.133 §4; 1997 c.319 §2; 1999 c.885 §45; 2003 c.547 §79; 2005 c.648 §93;2009 c.701 §57]
694.070 [Repealed by1959 c.406 §34]
694.075 [1959 c.634 §6;1997 c.319 §3; repealed by 2009 c.701 §67]
694.080 [Repealed by1959 c.406 §34]
694.085Licensing; fees.(1) Subject to ORS 676.612, the agency shall grant a hearing aid specialistlicense to each applicant, without discrimination, who possesses the requiredtraining and experience and who satisfactorily passes the examination and paysthe required fees. The license is effective for one year following issuance.
(2)The agency shall waive the examination required under subsection (1) of thissection and grant a license to an applicant who:
(a)Is certified by the Educational Service Board of the AmericanSpeech-Language-Hearing Association or, if not so certified, satisfies theagency that the applicant possesses equivalent training and educationachievements; and
(b)Passes an examination related to Oregon law in the area of hearing aiddispensing and pays the required fees. [1959 c.634 §7; 1973 c.182 §8; 1977c.873 §14; 1985 c.227 §9; 1991 c.703 §36; 1993 c.133 §5; 1995 c.280 §26; 1997c.249 §210; 2001 c.104 §275; 2003 c.547 §80; 2009 c.701 §62b]
694.090 [Amended by1955 c.689 §4; repealed by 1959 c.406 §34]
694.095 [1959 c.634 §9;1967 c.631 §6; 1975 c.673 §3; 1985 c.227 §10; 1993 c.133 §6; 1997 c.319 §4;2001 c.104 §276; 2003 c.547 §81; 2005 c.648 §94; repealed by 2009 c.701 §67]
694.100 [Amended by1955 c.689 §5; repealed by 1959 c.406 §34]
694.105 [1959 c.634 §10;repealed by 1967 c.631 §7]
694.110 [Amended by1955 c.689 §6; repealed by 1959 c.406 §34]
694.115Notice to Oregon Health Licensing Agency of place of business; notice tolicensees by agency.(1) A person who holds a license shall notify the Oregon Health LicensingAgency in writing of the regular address of the place or places where theperson deals or intends to deal in hearing aids.
(2)The agency shall keep a record of the places of business of persons who hold alicense.
(3)Any notice required to be given by the agency to a person who holds a licensemay be given by mailing it to the address of the last place of business ofwhich the person has notified the agency. [1959 c.634 §11; 1967 c.631 §8; 1985c.227 §11; 2001 c.104 §277; 2005 c.648 §95]
694.120 [Repealed by1959 c.406 §34]
694.125License renewal, reactivation and reinstatement; fees; rules; display oflicense; continuing education requirement. (1) Except as provided insubsection (5) of this section, a hearing aid specialist license issued underORS 694.015 to 694.185 expires one year following the date of issuance. Alicense may be renewed on or before the expiration date by payment of therequired renewal fee and submission of satisfactory evidence of completion ofcontinuing education courses as specified by rule of the Oregon HealthLicensing Agency.
(2)The agency shall adopt by rule requirements for late renewal of a license,reactivation of an expired license or reinstatement of a license that has beenexpired for more than three consecutive years.
(3)A license must be conspicuously posted in public view in the office or place ofbusiness of the hearing aid specialist at all times.
(4)The agency shall require proof of completion of continuing education as acondition of license renewal as determined by rule.
(5)The agency may vary the date of license renewal by giving the applicant writtennotice of the renewal date being assigned and by making prorated adjustments tothe renewal fee. [1959 c.634 §13; 1967 c.631 §9; 1973 c.182 §9; 1977 c.873 §15;1985 c.227 §12; 1993 c.133 §7; 2003 c.547 §82; 2005 c.648 §96; 2009 c.701 §58]
694.130 [Amended by1955 c.689 §7; repealed by 1959 c.406 §34]
694.135 [1959 c.634 §14;1967 c.631 §10; repealed by 1975 c.673 §4 (694.136 enacted in lieu of 694.135)]
694.136 [1975 c.675 §5(enacted in lieu of 694.135); 1985 c.227 §13; 1987 c.158 §145; 1993 c.133 §8;2001 c.104 §278; repealed by 2003 c.547 §118]
694.138 [1971 c.734 §156;1985 c.227 §14; repealed by 2003 c.547 §118]
694.140 [Repealed by1959 c.406 §34]
694.142Standards of practice; rules; duty to refer; exceptions. The OregonHealth Licensing Agency shall adopt by rule standards of practice for hearingaid specialists in providing services to consumers. The standards must include,but are not limited to:
(1)Before fitting or dispensing a hearing aid, the hearing aid specialist shall determinethrough direct observation and a personal interview whether any of thefollowing conditions exist:
(a)Visible congenital or traumatic deformity of the ear;
(b)Active drainage from the ear within the previous 90 days or a history of activedrainage from the ear;
(c)Sudden or rapidly progressive hearing loss within the previous 90 days;
(d)Acute or chronic dizziness;
(e)Unilateral hearing loss of sudden or recent onset within 90 days;
(f)Significant air-bone gap of greater than or equal to 15 decibels, AmericanNational Standards Institute, 500, 1,000 and 2,000 Hz average; or
(g)Any other condition that the agency may establish by rule.
(2)If any of the conditions listed in subsection (1) of this section are found,the hearing aid specialist shall refer the person to a physician licensed underORS chapter 677 who specializes in diseases of the ear or, if no such licensedphysician is available in the community, to any physician licensed under ORSchapter 677.
(3)Within the 90 days prior to fitting or dispensing a hearing aid to a personunder 18 years of age, the person receiving the hearing aid must be referred toone of the following licensed medical physicians:
(a)An otolaryngologist for examination and for a recommendation of correctivemeasures that may be required;
(b)A properly licensed medical physician for like examination and recommendation;or