Chapter 694 — Chapter 694
71 sections in this chapter.
ORS 694.010 [Repealed by 1959 c.406 §34]
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GENERAL PROVISIONS
ORS 694.015 Definitions for ORS 694.015 to 694.170. As used in ORS 694.015 to 694.170, unless the context requires otherwise
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(1) “Dealing in hearing aids” means the sale, lease or rental, attempted sale, lease or rental or ordering the use of hearing aids in conjunction with the evaluation or measurement of the powers or range of human hearing and the recommendation, selection or adaptation of hearing …
ORS 694.020 [Amended by 1955 c.689 §2; repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.025 License required to deal in hearing aids; exceptions. (1) A person may not deal in hearing aids or display a sign or in any other way advertise or represent that the person deals in hearing aids unless the person holds an active license issued by the Health Licensing Office as provided in ORS 694.015 to 694.170
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(2) Notwithstanding subsection (1) of this section, ORS 694.015 to 694.170 do not apply to: (a) An audiologist licensed under ORS chapter 681. (b) A physician licensed under ORS chapter 677. (c) A person involved in the sale of an over-the-counter hearing aid. [1959 c.634 §2; 196…
ORS 694.028 [1985 c.227 §20; 1993 c.133 §1; 2005 c.648 §89; repealed by 2009 c.701 §67]
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[Repealed or reserved.]
ORS 694.030 [Amended by 1955 c.689 §3; repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.032 Offer for or sale of hearing aid by direct mail; availability of fitting. (1) It is unlawful for any person to offer for sale or sell a hearing aid in this state by direct mail
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(2) Any offer for sale or sale of a hearing aid in this state must include the availability of fitting the hearing aid in this state prior to the sale. (3) Nothing in this section is intended to prohibit: (a) Advertising by mail or delivery of a hearing aid by mail if the fitting…
ORS 694.035 [1959 c.634 §12; 1967 c.631 §3; repealed by 1975 c.673 §1 (694.036 enacted in lieu of 694.035)]
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[Repealed or reserved.]
ORS 694.036 Statement to prospective hearing aid purchaser; contents; copy retained. (1) Prior to consummation of the sale of a hearing aid, a person dealing in hearing aids shall deliver to the prospective purchaser a written statement, signed by the person dealing in hearing aids. The statement shall be on a form prescribed by the Health Licensing Office that shall include but not be limited to all of the following
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(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 hearing aid or aids sold. (d) The address or principal place of business of the person dealing in hearing aids. (e) A statemen…
ORS 694.040 [Repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.042 Right to rescind hearing aid purchase; grounds; notice of rescission; time limit; 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 aid shall have the right to rescind the transaction if
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(a) The purchaser for whatever reason consults with a physician licensed under ORS chapter 677 to practice medicine who specializes in diseases of the ear or with a physician associate licensed under ORS 677.505 to 677.525 who specializes in diseases of the ear, or consults with …
ORS 694.045 [1959 c.634 §3; repealed by 1967 c.631 §7]
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[Repealed or reserved.]
ORS 694.050 [Repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.052 [1985 c.227 §22; repealed by 1997 c.319 §6]
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LICENSING
ORS 694.055 Application for license; qualifications; fee. An applicant for licensure under this chapter shall pay the applicable fees established under ORS 676.576 and shall demonstrate to the satisfaction of the Health Licensing Office that the applicant
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(1) Is a person 18 years of age or older. (2) Has graduated from high school or has been awarded a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test. (3) Has completed the training and has the experience requir…
ORS 694.060 [Repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.065 Training and experience requirements; licensing examination; rules. (1) Before an applicant may take the qualifying examination for licensure under ORS 694.015 to 694.170, the applicant must
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(a) Meet the training and experience requirements established by the Health Licensing Office by rule; (b) Meet the training requirements for licensure as an audiologist or for certification of a licensed physician by the American Board of Otolaryngology; or (c) Meet the requireme…
ORS 694.070 [Repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.075 [1959 c.634 §6; 1997 c.319 §3; repealed by 2009 c.701 §67]
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[Repealed or reserved.]
ORS 694.080 [Repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.085 Licensing; fees; rules. (1) Subject to ORS 676.612, the Health Licensing Office shall grant a hearing aid specialist license to each applicant, without discrimination, who possesses the required training and experience and who satisfactorily passes the examination and pays the applicable fees established under ORS 676.576. The license is effective for one year following issuance
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(2) The office shall waive the examination required under subsection (1) of this section and grant a license to an applicant who: (a) Is certified by the American Speech-Language-Hearing Association or, if not so certified, satisfies the office that the applicant possesses equiva…
ORS 694.090 [Amended by 1955 c.689 §4; repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 694.100 [Amended by 1955 c.689 §5; repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.105 [1959 c.634 §10; repealed by 1967 c.631 §7]
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[Repealed or reserved.]
ORS 694.110 [Amended by 1955 c.689 §6; repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.115 Notice to Health Licensing Office of place of business; notice to licensees by office. (1) A person who holds a license shall notify the Health Licensing Office in writing of the regular address of the place or places where the person deals or intends to deal in hearing aids
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(2) The office shall keep a record of the places of business of persons who hold a license. (3) Any notice required to be given by the office to a person who holds a license may be given by mailing it to the address of the last place of business of which the person has notified t…
ORS 694.120 [Repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.125 [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; repealed by 2013 c.314 §65]
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[Repealed or reserved.]
ORS 694.130 [Amended by 1955 c.689 §7; repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.135 [1959 c.634 §14; 1967 c.631 §10; repealed by 1975 c.673 §4 (694.136 enacted in lieu of 694.135)]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 694.138 [1971 c.734 §156; 1985 c.227 §14; repealed by 2003 c.547 §118]
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[Repealed or reserved.]
ORS 694.140 [Repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.142 Standards of practice; rules; duty to refer; exceptions. The Health Licensing Office shall adopt by rule standards of practice for hearing aid specialists in providing services to consumers. The standards must include, but are not limited to
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(1) Before fitting or dispensing a hearing aid, the hearing aid specialist shall determine through direct observation and a personal interview whether any of the following conditions exist: (a) Visible congenital or traumatic deformity of the ear; (b) Active drainage from the ear…
ORS 694.145 [1959 c.634 §15; 1967 c.631 §11; 1985 c.227 §15; repealed by 2009 c.701 §67]
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[Repealed or reserved.]
ORS 694.147 Disciplinary authority of Health Licensing Office. (1) In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person dealing in hearing aids for any of the grounds listed in ORS 676.612 and for any violation of the provisions of ORS 694.015 to 694.170, or the rules adopted thereunder
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(2) The office may also impose disciplinary sanctions against a person dealing in hearing aids for any of the following causes: (a) Failing or refusing to honor or to perform as represented any promise, agreement, warranty or representation in connection with the promotion, dispe…
ORS 694.150 [Repealed by 1959 c.406 §34]
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ADMINISTRATION
ORS 694.155 Powers and duties of Health Licensing Office; rules. The powers and duties of the Health Licensing Office with regard to dealing in hearing aids are as follows
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(1) To authorize all disbursements necessary to carry out the provisions of ORS 694.015 to 694.170. (2) To determine training and experience requirements prerequisite to taking the examination and to supervise and administer qualifying examinations to test the knowledge and profi…
ORS 694.159 [1985 c.227 §21; 1991 c.734 §84; repealed by 2003 c.547 §118]
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[Repealed or reserved.]
ORS 694.160 [Repealed by 1959 c.406 §34]
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[Repealed or reserved.]
ORS 694.165 Advisory Council on Hearing Aids; qualifications; terms; compensation and expenses. (1) There is established within the Health Licensing Office the Advisory Council on Hearing Aids. The council shall consist of seven members to be appointed by the Governor
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(2) Members of the council must be residents of this state. A member of the council may not be a member or employee of the office. (3) Membership on the council shall consist of: (a) One member who is licensed to practice medicine in this state and holds a certificate of qualific…
ORS 694.170 Duties of council. (1) The Advisory Council on Hearing Aids shall have the responsibility and duty of advising the Health Licensing Office in all matters relating to ORS 694.015 to 694.170 including standards of practice and professional conduct, shall prepare the examinations required by ORS 694.015 to 694.170 subject to the approval of the office and shall assist the office in carrying out the provisions of ORS 694.015 to 694.170
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(2) The office shall consider and be guided by the recommendations of the council in all matters relating to ORS 694.015 to 694.170. [1959 c.634 §21; 1999 c.885 §48; 2003 c.547 §85; 2005 c.648 §101; 2013 c.568 §123]
ORS 694.175 [1959 c.634 §22; repealed by 1971 c.753 §74]
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[Repealed or reserved.]
ORS 694.180 [1959 c.634 §24; 1961 c.593 §5; repealed by 1971 c.753 §74]
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[Repealed or reserved.]
ORS 694.185 [1973 c.427 §4; 1985 c.227 §18; 1999 c.885 §49; 2003 c.547 §86; 2005 c.648 §102; 2009 c.701 §62; 2013 c.82 §8; repealed by 2013 c.314 §65]
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[Repealed or reserved.]
ORS 694.305 [1973 c.199 §1; renumbered 681.205]
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[Repealed or reserved.]
ORS 694.315 [1973 c.199 §2; renumbered 681.220]
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[Repealed or reserved.]
ORS 694.325 [1973 c.199 §4; renumbered 681.230]
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[Repealed or reserved.]
ORS 694.335 [1973 c.199 §3; renumbered 681.250]
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[Repealed or reserved.]