74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 555
Senate Bill 144
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Board of Radiologic Technology)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Changes name of Board of Radiologic Technology to Board of
Medical Imaging Technology.
Defines medical imaging technology.
Expands various provisions relating to radiologic technology
and radiologic technologists to include other medical imaging
specialties.
A BILL FOR AN ACT
Relating to medical imaging; creating new provisions; and
amending ORS 31.740, 58.015, 67.005, 192.519, 433.443, 676.160,
688.405, 688.415, 688.425, 688.435, 688.445, 688.455, 688.465,
688.475, 688.480, 688.485, 688.495, 688.505, 688.515, 688.520,
688.525, 688.545, 688.555, 688.560, 688.565, 688.585, 688.595,
688.600, 688.605, 688.915 and 746.600.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 688.405 is amended to read:
688.405. As used in ORS 688.405 to 688.605:
(1) 'Approved school of { - radiologic - } { + medical
imaging + } technology' means a school of { - radiologic - }
{ + medical imaging + } technology accredited by { - the Joint
Review Committee on Education in Radiologic Technology or by a
regional post-secondary accreditation body, whose graduates are
qualified to sit for the American Registry of Radiologic
Technologists examination - } { + a national or regional
post-secondary accreditation body, a graduate of which is
qualified to sit for the nationally recognized certification
examination approved by the Board of Medical Imaging Technology
in the graduate's medical imaging specialty + }.
{ - (2) 'Board' means the Board of Radiologic Technology
established by ORS 688.405 to 688.605. - }
{ - (3) 'Diagnostic radiologic technologist' means a person
other than a licensed practitioner who actually handles X-ray
equipment in the process of applying radiation on a human being
for diagnostic purposes under the supervision of a licensed
practitioner. - }
{ + (2) 'Computed tomography (CAT)' means the process by
which a computer-reconstructed transverse or axial image of a
human being is created by an X-ray tube and detector assembly
rotating 360 degrees about a specified area of the body of the
human being.
(3) 'Computed tomography technologist' means a person who
operates computed tomography equipment. + }
(4) 'Inactive status' means the status granted by the board to
a { + medical imaging technologist + } { - licensee - } or
limited { + X-ray machine operator + } { - permit holder - }
who has notified the board { + :
(a) + } Of the intent not to practice { - radiologic - }
{ + medical imaging + } technology { + or limited scope
radiography; + } and
{ + (b) + } Of the desire to retain the right to reinstate
the license or { - limited - } permit subject to board rule.
{ - (5) 'Licensed practitioner' means a person licensed or
otherwise authorized by Oregon law to practice one of the healing
arts. - }
{ - (6) 'License' means a license granted and issued by the
board to practice radiologic technology. - }
{ - (7) 'Limited permit course of study' means a board
approved set of didactical and clinical experience elements
designed to prepare a student for obtaining practical experience
and for passing the limited permit examination described in ORS
688.515. - }
{ - (8) 'Limited permit holder' means a person other than a
radiation therapist or a diagnostic radiologic technologist who
handles X-ray equipment in the process of applying radiation on a
human being for diagnostic purposes under the supervision of a
licensed practitioner and who has met the requirements of ORS
688.515. - }
{ + (5) 'License' means a license granted and issued by the
board to practice medical imaging technology.
(6) 'Licensed practitioner' means a person licensed or
otherwise authorized by Oregon law to practice one of the healing
arts.
(7) 'Limited X-ray machine operator' means a person other than
a medical imaging technologist who handles X-ray equipment in the
process of applying radiation on a human being for diagnostic
purposes under the supervision of a licensed practitioner and who
has met the requirements of ORS 688.515.
(8) 'Limited X-ray machine operator course of study' means a
board-approved set of didactical and clinical experience elements
designed to prepare a person for obtaining practical experience
and for passing the limited X-ray machine operator examination
described in ORS 688.515 to practice limited scope
radiography. + }
{ - (9) 'Radiation oncologist' means a physician who is
either certified or eligible for certification in therapeutic
radiology by the American Board of Radiology or its equivalent or
who is certified in general radiology by the American Board of
Radiology and who devotes all professional time to the
investigation and management of neoplastic disorders inclusive of
teaching such investigation and management. - }
{ + (9) 'Magnetic resonance imaging (MRI)' means the process
by which certain nuclei, when placed in a magnet field, absorb
and release energy in the form of radio waves that are analyzed
by a computer.
(10) 'Magnetic resonance imaging technologist' means a person
who practices magnetic resonance imaging.
(11) 'Mammographer' means a person who performs mammography
procedures.
(12) 'Mammography' means a low-dose X-ray system used to
examine the breasts to detect disease.
(13)(a) 'Medical imaging technologist' means a person other
than a licensed practitioner or a limited X-ray machine operator,
who operates medical imaging equipment for diagnostic or
therapeutic purposes under the supervision of a licensed
practitioner.
(b) 'Medical imaging technologist' includes a:
(A) Magnetic resonance imaging technologist;
(B) Medical sonographer;
(C) Nuclear medicine technologist;
(D) Radiation therapist;
(E) Computed tomography technologist;
(F) Radiologic technologist; and
(G) Mammographer.
(14) 'Medical imaging technology' means the production of
visual representations of body parts, tissues or organs for use
in clinical diagnosis or therapy that includes but is not limited
to X-ray, ultrasound, magnetic resonance imaging, single photon
emission, nuclear medicine and positron emission tomography.
(15) 'Medical sonographer' means a person who practices
diagnostic medical sonography and is certified by a nationally
recognized certification organization approved by the board.
(16) 'Medical sonography' or 'diagnostic ultrasound ' means the
use of ultrasound technology for diagnostic purposes on a human
being.
(17) 'Nuclear medicine technologist' means a person who
practices nuclear medicine technology and is certified by a
nationally recognized certification organization approved by the
board.
(18) 'Nuclear medicine technology' means the use of
radionuclides for diagnostic imaging or therapy on a human
being. + }
{ - (10) - } { + (19) + } 'Radiation therapist' means a
person { - , other than a licensed practitioner, - } who
handles ionizing radiation in the process of applying radiation
on a human being for therapeutic purposes { - under the
supervision of a licensed practitioner - } { + and who is
certified by a board accepted nationally recognized certification
organization approved by the board + }.
{ - (11) - } { + (20) + } 'Radiation therapy' means the use
of ionizing radiation { - upon - } { + on + } a human being
for therapeutic purposes.
{ - (12) - } { + (21) + } 'Radiologic technologist' means a
person { - other than a licensed practitioner - } who
{ + uses radiographic and fluoroscopic equipment in the process
of applying radiation to a human being for diagnostic purposes
and who is certified by a nationally recognized certification
organization approved by the board. + } { - practices
radiologic technology as a: - }
{ - (a) Diagnostic radiologic technologist; or - }
{ - (b) Radiation therapist. - }
{ - (13) - } { + (22) + } 'Radiologic technology' means the
use of ionizing radiation { - upon - } { + on + } a human
being for diagnostic or therapeutic purposes.
{ - (14) - } { + (23) + } 'Radiologist' means a person duly
licensed to practice medicine in the State of Oregon and
{ - who is - } certified by the American Board of Radiology or
by the American Osteopathic Board of Radiology.
{ - (15) - } { + (24) + } 'Supervision' means the act of
monitoring { + and reviewing + } the performance of
{ - diagnostic X-ray technology - } { + medical imaging
technologists and limited X-ray machine operators + } through
{ - periodic inspection - } { + regular inspections of work
produced + }, regardless of whether or not the supervising
licensed practitioner is continuously physically present during
the { - performance of such diagnostic X-ray - } { + use of
the medical imaging + } technology { + or the limited scope
radiography + }.
SECTION 2. ORS 688.415 is amended to read:
688.415. { - (1) - } { + A + } { - No - } person
{ - shall - } { + may not + }:
{ - (a) - } { + (1) + } Practice { - radiologic - }
{ + medical imaging + } technology { + or limited scope
radiography or purport to be a medical imaging technologist or
any form of a limited X-ray machine operator + }if the person is
not licensed in accordance with the provisions of ORS
{ - 688.405 to 688.605 - } { + 688.445 + } or is not the
holder of a permit issued under ORS 688.515;
{ - (b) - } { + (2) + } Practice { - radiologic - }
{ + medical imaging + } technology { + or limited scope
radiography + } under a false or assumed name;
{ - (c) - } { + (3) + } Knowingly employ any person for the
purpose of practicing { - radiologic - } { + medical
imaging + } technology { + or limited scope radiography + } if
that person is not licensed { + under ORS 688.445 + } or does
not hold a valid permit { - in accordance with the provisions
of ORS 688.405 to 688.605 - } { + issued under ORS 688.515 + };
{ - (d) - } { + (4) + } Obtain or attempt to obtain a
license or permit or a renewal of a license or permit by bribery
or fraudulent representation; or
{ - (e) - } { + (5) + } Knowingly make a false statement on
an application for a license or permit or a renewal for a license
{ + or permit + }.
{ - (2) After January 1, 1979, no person shall practice
radiologic technology or purport to be a radiologic technologist
unless the person is licensed in accordance with the provisions
of ORS 688.405 to 688.605 or holds a permit issued by the Board
of Radiologic Technology. - }
SECTION 3. ORS 688.425 is amended to read:
688.425. (1) A person licensed in accordance with the
provisions of ORS { - 688.405 to 688.605 - } { + 688.445 + }
may use the { - title of 'Licensed Radiologic Technologist' or
the letters 'LRT.' A person licensed as a radiologic technologist
in the therapeutic field may use the title of 'Licensed Radiation
Therapy Technologist' or the letters 'LRTT.' - } { + credential
of the person's specialty. + }
{ + (2) A person who holds a permit as a limited X-ray
machine operator in limited scope radiography issued under ORS
688.515 may use the title of 'Limited X-ray Machine Operator' or
the letters ' LXMO.' + }
{ - (2) - } { + (3) + } { - No person shall use these
titles or any abbreviation of these titles or any title which - }
{ + A person may not use a credential under subsection (1) of
this section or the title under subsection (2) of this section or
a credential or title that + } is substantially the same as
{ - these titles - } { + a credential under subsection (1) of
this section or the title under subsection (2) of this
section + } unless the person is authorized { - under
subsection (1) of this section - } { + as provided in this
section + }.
SECTION 4. ORS 688.435 is amended to read:
688.435. The provisions of ORS 688.405 to 688.605
{ - shall - } { + do + } not apply to the following persons:
(1) Persons who operate dental X-ray equipment for the sole
purpose of oral radiography.
(2) Students in approved schools of { - radiologic - }
{ + medical imaging + } technology as defined in ORS 688.405
while practicing
{ - radiologic - } { + medical imaging + } technology under
the supervision of an instructor who is either a radiologist or a
licensed
{ - radiologic - } { + medical imaging + } technologist { +
in the student's specialty + }.
(3) A licensed practitioner or students in approved schools
leading to licensure as a practitioner of one of the healing
arts { + , + } while practicing { - radiologic - }
{ + medical imaging + } technology under the supervision of an
instructor who is either a licensed practitioner or a licensed
{ - radiologic - } { + medical imaging + } technologist { +
in the student's specialty + }.
{ + (4) Persons who operate ultrasound equipment for the sole
purpose of physical therapy. + }
SECTION 5. ORS 688.445 is amended to read:
688.445. (1) The Board of { - Radiologic - } { + Medical
Imaging + } Technology shall issue a license to practice as a
{ - radiologic - } { + medical imaging + } technologist in the
State of Oregon to each person who meets the qualifications for
licensure as provided in ORS
{ - 688.405 to 688.605 - } { + 688.455 + }. { - Such - }
{ + The + } license shall state the
{ - category or categories - } { + specialty + } for which
the qualifications have been met { - , which include diagnostic
radiologic technologist and radiation therapist - } .
(2) A license must be renewed every two years on the first day
of the month of the anniversary date of the licensee's birthday.
(3) { - Any - } { + A + } license that is not renewed as
provided in subsection (2) of this section expires. The board may
renew an expired license upon payment of a delinquent fee in an
amount set by the board plus the biennial renewal fee. However,
{ - no such - } { + a + } late renewal may { + not + } be
granted more than five years after a license has expired.
(4) { - A license shall be renewed upon application to the
board which is accompanied by a fee in an amount set by the
board - } { + The board shall renew a license upon receipt of
an application accompanied by a fee in an amount established by
the board + }.
(5) A license { - which - } { + that + } has been expired
for more than five years may be reissued only in the manner
prescribed for an original license.
SECTION 6. ORS 688.455 is amended to read:
688.455. The Board of { - Radiologic - } { + Medical
Imaging + } Technology shall license { - any - } { + a + }
person { - who - } { + as a medical imaging technologist if
the person + } makes an application in writing and pays a fee in
an amount { - set - } { + established + } by the board and
{ - who at that time - } { + if the person, at the time of
application + }:
(1) Is at least 18 years of age;
(2) Has successfully completed a four-year course of study in a
secondary school approved by the board of education of the state
in which the school is located or has passed an approved
equivalency test;
{ + (3) Has undergone a background check to the satisfaction
of the board as established in rules adopted by the board;
+ }and
{ - (3) - } { + (4) + } Meets the requirements for
licensing { - as described in ORS 688.465, 688.475 and
688.495 - } { + under section 8 of this 2007 Act or ORS
688.465, 688.475 or 688.495 + }.
SECTION 7. { + Section 8 of this 2007 Act is added to and made
a part of ORS 688.405 to 688.605. + }
SECTION 8. { + For licensure as a medical imaging
technologist, an applicant must be certified by the nationally
recognized certification organization approved by the Board of
Medical Imaging Technology in the medical imaging speciality for
which licensure is sought. + }
SECTION 9. ORS 688.465 is amended to read:
688.465. For licensure as a { + medical imaging technologist
with a specialty as a + } radiologic technologist in the
diagnostic field, an applicant must be currently certified
{ + in X-ray technology + } by
{ - the American Registry of Radiologic Technologists (ARRT) in
X-ray technology - } { + a nationally recognized certification
organization approved by the Board of Medical Imaging
Technology + }.
SECTION 10. ORS 688.475 is amended to read:
688.475. For licensure as a { + medical imaging technologist
with a specialty as a + } radiologic technologist in the
therapeutic field, an applicant must be currently certified
{ + in radiation therapy + } by
{ - the American Registry of Radiologic Technologists (ARRT) in
radiation therapy - } { + a nationally recognized certification
organization approved by the Board of Medical Imaging
Technology + }.
SECTION 11. ORS 688.480 is amended to read:
688.480. (1) Persons who operate computed tomography equipment
not involving the use of radionuclides for diagnostic purposes
must be certified by { - the American Registry of Radiologic
Technologists - } { + a nationally recognized certification
organization approved by the Board of Medical Imaging
Technology + }.
(2) Persons who operate computed tomography equipment combined
with a { - positrion - } { + positron + } emission tomography
imaging system for diagnostic purposes shall adhere to rules
adopted by the board { - of Radiologic Technology - } .
SECTION 12. ORS 688.485 is amended to read:
688.485. (1) The Board of { - Radiologic - } { + Medical
Imaging + } Technology { - may conduct one or more - }
{ + shall oversee + } examinations { + given + } each year
{ + for the limited X-ray machine operator permit + } { - at
such times and places as the board may determine - } .
(2) An applicant who fails to pass an examination may take
additional examinations { - scheduled by the board - } .
{ + (3) + } A fee shall be charged for { + board oversight
of the + } examinations as determined by the board.
SECTION 13. ORS 688.495 is amended to read:
688.495. The Board of { - Radiologic - } { + Medical
Imaging + } Technology may license as a { - radiologic - }
{ + medical imaging + } technologist, without examination, any
person who:
(1) Applies for a license as provided in ORS 688.455; and
(2) On the date of making application { + :
(a) + } Is a { - radiologic - } { + licensed medical
imaging + } technologist under the laws of any other state,
territory of the United States or nation, if the requirements for
licensure in that state, territory or nation are not less than
those required under ORS 688.405 to 688.605 { + ; + } and
{ + (b) + } { - the applicant - } { + Has + } passed a
written examination in that state, territory or nation that is
comparable to the examination required in this state for the
{ - category or categories - } { + or specialty + } for which
licensure is sought.
SECTION 14. ORS 688.505 is amended to read:
688.505. The Board of { - Radiologic - } { + Medical
Imaging + } Technology shall require each person holding a
license { - or permit under ORS 688.405 to 688.605 - }
{ + under ORS 688.445 or 688.495 + } to submit, at the time the
person submits the biennial renewal fee, evidence of continuing
education in { - radiologic - } { + medical imaging + }
technology pursuant to rules of the board. Continuing education
must be pertinent to the subject area of { - radiologic - }
{ + medical imaging + } technology for which the license
{ - or permit - } was issued. Evidence of current
{ - American Registry of Radiologic Technologists - }
certification { + by a nationally recognized certification
organization approved by the board for applicable
subspecialties + } may be used as valid documentation of
continuing education required by this section.
SECTION 15. ORS 688.515 is amended to read:
688.515. (1) The Board of { - Radiologic - } { + Medical
Imaging + } Technology shall issue a limited { + X-ray machine
operator + } permit to an applicant to practice { - in a
limited area of radiologic technology - } { + limited scope
radiography under the supervision of a licensed practitioner + }
if { - such - } { + the + } applicant meets the requirements
for a limited { + X-ray machine operator + } permit as provided
in this section. { - Such - } { + A + } limited { + X-ray
machine operator + } permit shall state the category or
categories for which the applicant has demonstrated competence
and shall be limited to one of the categories listed below or as
established by the board by rule:
{ - (a) Upper extremities; - }
{ - (b) Pelvis or lower extremities, or both; - }
{ + (a) Skull;
(b) Sinus;
(c) Spine; + }
{ - (c) - } { + (d) + } Chest { - and ribs - } ;
{ + (e) Extremities;
+ } { - (d) Spine; - }
{ - (e) Head; - }
{ - (f) Abdomen; or - }
{ - (g) - } { + (f) + } { - Foot and ankle for - }
Podiatric { - use - } { + ; or
(g) Bone densitometry + }.
(2) Limited { + X-ray machine operator + } permits
{ - shall - } { + may + } not be issued for { + fluoroscopy,
bony thorax studies, abdominal studies, + } contrast studies or
special head studies such as tomography { + , or any of the
medical imaging technology specialties other than limited scope
radiography + }.
(3) Each applicant for a limited { + X-ray machine
operator + } permit shall { + meet the qualifications in ORS
688.455 (1) to (3) and + }:
{ - (a) Make an application in writing; - }
{ - (b) Pay an application fee in an amount set by the
board; - }
{ - (c) Be at least 18 years of age; - }
{ - (d) - } { + (a) + } Have successfully passed a
board-approved course of instruction in radiation use and safety
consisting of the number of hours of instruction required by the
board by rule;
{ - (e) - } { + (b) + } Have successfully completed a
course of instruction approved by the board and taught by a
board-approved, licensed, registered { - radiologic
technologist - } { + medical imaging technologist + } in
laboratory practice specific to each category for which the
applicant seeks a limited { + X-ray machine operator + } permit,
with the instructor's certifying to the board that the applicant
has completed the course in those categories applied for;
{ - (f) - } { + (c) + } Have successfully completed a
practical experience program approved by the board, specific to
each category for which the applicant seeks a limited { + X-ray
machine operator + } permit. Such program shall include operation
of an energized X-ray machine under the supervision of a
{ - registered radiologic technologist - } { + licensed medical
imaging technologist + };
{ - (g) - } { + (d) + } Have paid the examination fee set
by board rule to reflect the actual cost of the examination; and
{ - (h) - } { + (e) + } Have successfully passed an oral or
written examination, or both, conducted by or approved by the
board in radiation use and safety and in those categories in
which the applicant seeks a limited permit.
(4) Upon meeting the requirements of this section, the board
shall issue a limited { + X-ray machine operator + } permit to
the applicant. A limited { + X-ray machine operator + } permit
shall be renewed every two years on the first day of the month of
the anniversary date of the permittee's birthday subject to ORS
688.505 and payment of a fee in an amount set by the board. Any
limited { + X-ray machine operator + } permit that is not
renewed as provided in this subsection expires. The board may
renew any expired limited { + X-ray machine operator + } permit
upon payment of a delinquent fee in an amount set by the board
plus the biennial renewal fee.
(5) Every person issued a limited { + X-ray machine
operator + } permit shall notify the board in writing of the name
of each licensed practitioner supervising { - permittee's - }
{ + the person's + } performance of diagnostic { - X-ray - }
{ + radiologic + } technology and
{ - shall - } { + may + } only perform diagnostic
{ - X-ray - } { + radiologic + } technology while being
supervised by a licensed practitioner. In the event
{ - permittee - } { + the person + } subsequently is
supervised by a licensed practitioner other than the
{ - person - } { + practitioner + } whose name was initially
furnished to the board, the { - board shall be immediately
notified - } { + person shall immediately notify the board + }
in writing.
{ - (6) A temporary license or limited permit may be issued
by the board without examination to a graduate of or a student
enrolled in an approved school of radiologic technology or
limited permit course of instruction upon application and payment
of a registration fee in an amount set by the board if the person
practices as a diagnostic radiologic technologist or radiation
therapist under the supervision of a licensed practitioner. A
temporary license or limited permit is valid for a period of six
months and may be renewed by the board for one six-month period
only. - }
{ - (7) At the discretion of the board a temporary limited
permit may be issued by the board without examination to a person
upon application and payment of a registration fee in an amount
set by the board if the person practices diagnostic radiologic
technology under the supervision of a licensed practitioner and
if the person is enrolled in an approved course of instruction in
radiation use and safety. Such a temporary limited permit shall
be valid for a period of three months and shall not be renewed by
the board except as provided under subsection (6) of this
section. - }
{ - (8) In addition to the temporary license or limited
permit authorized by this section, the board may authorize a
permit authorizing its holder to be an X-ray bone densitometry
operator. The operator must meet standards of training
established by the board by rule. The applicant shall pay a
nonrefundable fee fixed by the board and the permit may be issued
for a period of two years and may be renewed upon payment of a
fixed renewal fee. - }
SECTION 16. { + Section 17 of this 2007 Act is added to and
made a part of ORS 688.405 to 688.605. + }
SECTION 17. { + (1) A temporary medical imaging technologist
license or a temporary limited X-ray machine operator permit may
be issued by the Board of Medical Imaging Technology without
examination to a graduate of or a student enrolled in an approved
school of medical imaging technology or a limited X-ray machine
operator course of study upon application and payment of a
registration fee in an amount set by the board if the person
practices as a medical imaging technologist or limited X-ray
machine operator under the supervision of a licensed
practitioner.
(2) A temporary medical imaging technologist license or a
temporary limited X-ray machine operator permit is valid for a
period of six months and may be renewed by the board for one
six-month period only. + }
SECTION 18. ORS 688.520 is amended to read:
688.520. The Board of { - Radiologic - } { + Medical
Imaging + } Technology may issue licenses and permits for periods
other than 24 months. The fee for a license or permit issued for
any period other than 24 months shall be prorated on a monthly
basis.
SECTION 19. ORS 688.525 is amended to read:
688.525. (1) The Board of { - Radiologic - } { + Medical
Imaging + } Technology, after notice of and hearing as required
under the contested case procedures of ORS chapter 183, may
refuse to license any applicant, may refuse to renew the license
{ - or permit - } of any { - radiologic - } { + medical
imaging + } technologist { + or the permit of a limited X-ray
machine operator + } or may suspend or revoke the license or
permit of a person who:
{ + (a) Has been disciplined by a licensing board in another
state for acts by the holder of a license or a permit that are
similar to acts described in this subsection. A certified copy of
the order of discipline constitutes conclusive evidence of the
discipline. + }
{ - (a) - } { + (b) + } Is chemically dependent.
{ - (b) - } { + (c) + } In the judgment of the board is
guilty of unethical or unprofessional conduct in the practice of
{ - radiologic - } { + medical imaging + } technology { + or
limited scope radiography + }.
{ - (c) - } { + (d) + } Has been convicted of any crime
{ - where the crime - } { + that + } bears a demonstrable
relationship to the practice of
{ - radiologic - } { + medical imaging + } technology { + or
limited scope radiography + }.
{ - (d) - } { + (e) + } In the judgment of the board,
{ - is guilty of - } { + has acted with + } gross negligence
in the practice of { - radiologic - } { + medical imaging + }
technology { + or limited scope radiography + }.
{ - (e) - } { + (f) + } Has been adjudged incompetent by a
court of law and thereafter has not been { - lawfully - }
declared competent.
{ - (f) - } { + (g) + } Has undertaken to act as a
{ - radiologic - } { + medical imaging + } technologist
{ + or a limited X-ray machine operator + } independently of the
supervision of a practitioner licensed by the State of Oregon to
practice one of the healing arts.
{ - (g) - } { + (h) + } Has obtained or attempted to obtain
a license or permit under ORS 688.405 to 688.605 by fraud or
material misrepresentation.
(2) Upon receipt of a complaint under ORS 688.405 to 688.605,
the board shall conduct an investigation as described under ORS
676.165.
(3) Information that the board obtains as part of an
investigation into licensee { + , permittee + } or applicant
conduct or as part of a contested case proceeding, consent order
or stipulated agreement involving licensee { + , permittee + } or
applicant conduct is confidential as provided under ORS 676.175.
SECTION 20. ORS 688.545 is amended to read:
688.545. (1)(a) There is created in the Department of Human
Services a Board of { - Radiologic - } { + Medical
Imaging + } Technology consisting of nine members who shall be
appointed by the Governor. Each member of the board shall be a
citizen of the United States and a resident of the State of
Oregon. Each appointed member is entitled to vote.
(b) Of the members of the board:
(A) One shall be a radiologist;
(B) At least one shall be a lay person;
(C) At least one shall be a limited { - permit holder - }
{ + X-ray machine operator + }; and
(D) At least five shall be licensed practicing
{ - radiologic - } { + medical imaging + } technologists, one
of whom shall be a radiation therapist.
(2) The section manager of the Radiation Protection Services
Section of the Department of Human Services, or a person
appointed by the section manager, shall be an advisory member of
the board for the purpose of providing counsel and { - shall
not be - } { + is not + } entitled to vote.
(3) The term of office of the members of the board { - shall
be - } { + is + } three years and a member may be reappointed to
serve not more than two full terms.
(4) Members of the board { - shall be - } { + are + }
entitled to compensation and expenses as provided in ORS 292.495.
(5) The board shall annually elect a board chairperson and a
vice chairperson from the members of the board.
(6) For the purpose of transacting its business, the board
shall meet at least once every three months at times and places
designated by resolution. Special meetings may also be held at
such times as the board may elect or at the call of the
chairperson. Notification of the time, place and purpose of any
special meeting shall be sent to all members of the board at
least 15 days before the date of the meeting. All meetings are
subject to ORS 192.610 to 192.690.
(7) Five members of the board { - shall - } constitute a
quorum for the transaction of business at any meeting. Five
affirmative votes
{ - shall be - } { + are + } required to take action.
SECTION 21. ORS 688.555 is amended to read:
688.555. (1) The Board of { - Radiologic - } { + Medical
Imaging + } Technology { - shall have the power to - }
{ + may + } adopt { - such rules as may be - } { + rules
that are + } necessary to carry out the provisions of ORS 688.405
to 688.605.
(2) In adopting rules, the board shall act with benefit of the
advice of the Attorney General of the State of Oregon.
(3) The board may appoint and fix the compensation of an
executive { - officer - } { + director + } subject to ORS
240.245 and include reimbursement for actual and necessary travel
expenses incurred in the performance of the duties of the
{ - officer - } { + director + }.
SECTION 22. ORS 688.560 is amended to read:
688.560. The Board of { - Radiologic - } { + Medical
Imaging + } Technology by rule shall establish and collect
reasonable fees for the following services:
(1) { - Administration - } { + Oversight + } of limited
{ + X-ray machine operator + } permit examinations.
(2) Special interpretation of examination results.
(3) Duplication of permits { + , licenses + } and wall
certificates.
(4) Reproduction of records.
(5) Licensing and permitting.
SECTION 23. ORS 688.565 is amended to read:
688.565. The Board of { - Radiologic - } { + Medical
Imaging + } Technology shall approve programs of continuing
education in { - radiologic - } { + medical imaging + }
technology to meet the requirements of ORS 688.505.
SECTION 24. ORS 688.585 is amended to read:
688.585. (1) The Board of { - Radiologic - } { + Medical
Imaging + } Technology Account is established in the State
Treasury, separate and distinct from the General Fund. Except for
moneys otherwise designated by statute, all fees, contributions
and other moneys received by the Board of { - Radiologic - }
{ + Medical Imaging + } Technology shall be paid into the State
Treasury and credited to the account. All moneys in the account
are continuously appropriated to the board to be used by the
board for purposes of ORS 688.405 to 688.605. Any interest or
other income from moneys in the account shall be credited to the
account.
(2) The board shall keep a record of all moneys deposited in
the account. The record shall indicate by separate cumulative
accounts the source from which the moneys are derived and the
individual activity or program for which each withdrawal is
charged.
SECTION 25. ORS 688.595 is amended to read:
688.595. The section manager of the Radiation Protection
Services Section of the Department of Human Services shall
enforce the provisions of ORS 688.405 to 688.605 and shall
conduct, under the direction of the Board of { - Radiologic - }
{ + Medical Imaging + } Technology, inspections in furtherance
of the purposes of ORS 688.405 to 688.605.
SECTION 26. ORS 688.600 is amended to read:
688.600. (1) Upon the complaint of any { - citizen - }
{ + resident + } of this state, or upon its own motion, the
Board of { - Radiologic - } { + Medical Imaging + } Technology
may investigate any alleged violation of ORS 688.405 to 688.605.
(2) In the conduct of investigations, the board may:
(a) Take evidence;
(b) Take the depositions of witnesses, including the person
charged, in the manner provided by law in civil cases;
(c) Compel the appearance of witnesses, including the person
charged, before the board in person the same as in civil cases;
(d) Require answers to interrogatories; and
(e) Compel the production of books, papers, accounts, documents
and testimony pertaining to the matter under investigation.
(3) In exercising its authority under subsection (2) of this
section, the board may issue subpoenas over the signature of the
board chairperson and the seal of the board in the name of the
State of Oregon.
SECTION 27. ORS 688.605 is amended to read:
688.605. (1) { - Any radiologic technologist, - } Any person
licensed { + or issued a permit + } by the Board of
{ - Radiologic - } { + Medical Imaging + } Technology or any
{ - other - } organization representing
{ - radiologic technologists - } { + such persons + } shall,
and any other person may, report to the board any suspected
violation of ORS 688.405 to 688.605 or any rule adopted pursuant
to ORS 688.555.
(2) Any information that the board obtains as the basis of a
complaint or in the investigation { - thereof - } { + of a
complaint + } is confidential as provided under ORS 676.175.
(3) Any person who reports or provides information to the board
and who does so in good faith { - shall not be - } { + is
not + } subject to an action for civil damages as a result
{ - thereof - } { + of reporting or providing information + }.
(4) A claim of a violation of ORS 688.405 to 688.605 shall be
reported to the board and shall be substantiated by satisfactory
evidence. If the board finds that a violation has occurred, the
board shall, subject to the conditions of ORS 676.175, report the
violation to the Attorney General for prosecution.
SECTION 28. ORS 688.915 is amended to read:
688.915. (1) In addition to any other sanction authorized by
law, the Board of { - Radiologic - } { + Medical Imaging + }
Technology may impose a civil penalty not to exceed $1,000 for
any violation of ORS 688.405 to 688.605, or of any rules
{ - promulgated pursuant to - } { + adopted under + } those
provisions. The penalty may be imposed whether or not the person
incurring the penalty has been licensed or been issued a permit
under ORS 688.405 to 688.605, or has made application for a
license or permit under those sections. A civil penalty may be
imposed in lieu of a refusal to grant or renew a license or
permit, or a suspension or revocation of a license or permit,
under ORS 688.525.
(2) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.745.
(3) All penalties recovered under this section shall be
credited to the Board of { - Radiologic - } { + Medical
Imaging + } Technology Account established under ORS 688.585.
SECTION 29. ORS 31.740 is amended to read:
31.740. Punitive damages shall not be awarded against a health
practitioner if:
(1) The health practitioner is licensed, registered or
certified as:
(a) A psychologist under ORS 675.030 to 675.070, 675.085 and
675.090;
(b) An occupational therapist under ORS 675.230 to 675.300;
(c) A licensed clinical social worker under ORS 675.530,
675.540 to 675.560, 675.580 and 675.585;
(d) A physician under ORS 677.100 to 677.228;
(e) An emergency medical technician under ORS chapter 682;
(f) A podiatric physician and surgeon under ORS 677.820 to
677.840;
(g) A nurse under ORS 678.040 to 678.101;
(h) A nurse practitioner under ORS 678.375 to 678.390;
(i) A dentist under ORS 679.060 to 679.180;
(j) A dental hygienist under ORS 680.040 to 680.100;
(k) A denturist under ORS 680.515 to 680.535;
(L) An audiologist or speech-language pathologist under ORS
681.250 to 681.350;
(m) An optometrist under ORS 683.040 to 683.155 and 683.170 to
683.220;
(n) A chiropractor under ORS 684.040 to 684.105;
(o) A naturopath under ORS 685.060 to 685.110, 685.125 and
685.135;
(p) A massage therapist under ORS 687.021 to 687.086;
(q) A physical therapist under ORS 688.040 to 688.145;
(r) A { - radiologic technician - } { + medical imaging
technologist + } under ORS 688.445 to 688.525;
(s) A pharmacist under ORS 689.151 and 689.225 to 689.285; or
(t) A physician assistant as provided by ORS 677.505 to
677.525; and
(2) The health practitioner was engaged in conduct regulated by
the license, registration or certificate issued by the
appropriate governing body and was acting within the scope of
practice for which the license, registration or certificate was
issued and without malice.
SECTION 30. ORS 58.015 is amended to read:
58.015. As used in this chapter, unless the context requires
otherwise:
(1) 'Foreign professional corporation' means a professional
corporation organized under laws other than the laws of this
state.
(2) 'License' includes a license, certificate of registration,
permit or other legal authorization required by law as a
condition precedent to the rendering of professional service or
services within this state.
(3) 'Oregon Business Corporation Act' has the same meaning
given that term in ORS 60.951.
(4) 'Practicing medicine' has the meaning given that term in
ORS 677.085.
(5) 'Professional' means:
(a) Accountants licensed under ORS 673.010 to 673.457 or the
laws of another state;
(b) Architects licensed under ORS 671.010 to 671.220 or the
laws of another state;
(c) Attorneys licensed under ORS 9.005 to 9.755 or the laws of
another state;
(d) Chiropractors licensed under ORS chapter 684 or the laws of
another state;
(e) Dentists licensed under ORS chapter 679 or the laws of
another state;
(f) Landscape architects licensed under ORS 671.310 to 671.459
or the laws of another state;
{ + (g) Medical imaging technologists licensed under ORS
688.405 to 688.605 or the laws of another state; + }
{ - (g) - } { + (h) + } Naturopaths licensed under ORS
chapter 685 or the laws of another state;
{ - (h) - } { + (i) + } Nurse practitioners licensed under
ORS 678.010 to 678.410 or the laws of another state;
{ - (i) - } { + (j) + } Psychologists licensed under ORS
675.010 to 675.150 or the laws of another state;
{ - (j) - } { + (k) + } Physicians licensed under ORS
chapter 677 or the laws of another state;
{ - (k) - } { + (L) + } Podiatrists licensed under ORS
chapter 677 or the laws of another state;
{ - (L) Radiologic technologists licensed under ORS 688.405
to 688.605 or the laws of another state; - }
(m) Real estate appraisers licensed or certified under ORS
chapter 674 or the laws of another state; and
(n) Other persons providing to the public types of personal
service or services substantially similar to those listed in
paragraphs (a) to (m) of this subsection that may be lawfully
rendered only pursuant to a license.
(6) 'Professional corporation' or 'domestic professional
corporation' means a corporation organized under this chapter for
the specific purpose of rendering professional service or
services and for such other purposes provided under this chapter.
(7) 'Professional service' means personal service or services
rendered in this state to the public which may be lawfully
rendered only pursuant to a license by a professional.
(8) 'Regulatory board' means the governmental agency of the
State of Oregon required or authorized by law to license and
regulate the rendering of a professional service or services for
which a professional corporation is organized.
SECTION 31. ORS 67.005 is amended to read:
67.005. As used in this chapter:
(1) 'Business' includes every trade, occupation, profession and
commercial activity.
(2) 'Debtor in bankruptcy' means a person who is the subject
of:
(a) An order for relief under Title 11 of the United States
Code or a comparable order under a successor statute of general
application; or
(b) A comparable order under federal, state or foreign law
governing insolvency.
(3) 'Dissociated partner' means a partner with respect to whom
an event specified in ORS 67.220 has occurred.
(4) 'Distribution' means a transfer of money or other property
from a partnership to a partner in the partner's capacity as a
partner or to the partner's transferee.
(5) 'Foreign limited liability partnership' means a partnership
that:
(a) Is formed under laws other than the law of this state; and
(b) Has the status of a limited liability partnership under
those laws.
(6) 'Limited liability partnership' means a partnership that
has registered under ORS 67.590, and has not registered or
qualified in any other jurisdiction other than as a foreign
limited liability partnership.
(7) 'Partnership' means an association of two or more persons
to carry on as co-owners a business for profit created under ORS
67.055, predecessor law, or comparable law of another
jurisdiction. A partnership includes a limited liability
partnership.
(8) 'Partnership agreement' means the agreement, whether
written, oral or implied, among the partners concerning the
partnership, including amendments to the partnership agreement.
(9) 'Partnership at will' means a partnership in which the
partners have not agreed to remain partners until the expiration
of a definite term or the completion of a particular undertaking.
(10) 'Partnership interest' or 'partner's interest in the
partnership' means all of a partner's interests in the
partnership, including the partner's transferable interest and
all management and other rights.
(11) 'Person' means an individual, corporation, business trust,
estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision,
agency, instrumentality or any other legal or commercial entity.
(12) 'Professional' means:
(a) Accountants licensed under ORS 673.010 to 673.457 or the
laws of another state;
(b) Architects licensed under ORS 671.010 to 671.220 or the
laws of another state;
(c) Attorneys licensed under ORS 9.005 to 9.755 or the laws of
another state;
(d) Chiropractors licensed under ORS chapter 684 or the laws of
another state;
(e) Dentists licensed under ORS chapter 679 or the laws of
another state;
(f) Landscape architects licensed under ORS 671.310 to 671.459
or the laws of another state;
{ + (g) Medical imaging technologists licensed under ORS
688.405 to 688.605 or the laws of another state; + }
{ - (g) - } { + (h) + } Naturopaths licensed under ORS
chapter 685 or the laws of another state;
{ - (h) - } { + (i) + } Nurse practitioners licensed under
ORS 678.010 to 678.410 or the laws of another state;
{ - (i) - } { + (j) + } Psychologists licensed under ORS
675.010 to 675.150 or the laws of another state;
{ - (j) - } { + (k) + } Physicians licensed under ORS
chapter 677 or the laws of another state;
{ - (k) - } { + (L) + } Podiatrists licensed under ORS
chapter 677 or the laws of another state;
{ - (L) Radiologic technologists licensed under ORS 688.405
to 688.605 or the laws of another state; - }
(m) Real estate appraisers licensed under ORS chapter 674 or
the laws of another state; and
(n) Other persons providing to the public types of personal
service or services substantially similar to those listed in
paragraphs (a) to (m) of this subsection that may be lawfully
rendered only pursuant to a license.
(13) 'Professional service' means the service rendered by a
professional.
(14) 'Property' means all property, real, personal or mixed,
tangible or intangible, or any interest therein.
(15) 'State' means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico or any territory or
insular possession subject to the jurisdiction of the United
States.
(16) 'Transfer' includes an assignment, conveyance, lease,
mortgage, deed, encumbrance, creation of a security interest and
any other disposition.
(17) 'Transferable interest of a partner in the partnership'
means the partner's share of the profits and losses of the
partnership and the partner's right to receive distributions.
SECTION 32. ORS 192.519 is amended to read:
192.519. As used in ORS 192.518 to 192.526:
(1) 'Authorization' means a document written in plain language
that contains at least the following:
(a) A description of the information to be used or disclosed
that identifies the information in a specific and meaningful way;
(b) The name or other specific identification of the person or
persons authorized to make the requested use or disclosure;
(c) The name or other specific identification of the person or
persons to whom the covered entity may make the requested use or
disclosure;
(d) A description of each purpose of the requested use or
disclosure, including but not limited to a statement that the use
or disclosure is at the request of the individual;
(e) An expiration date or an expiration event that relates to
the individual or the purpose of the use or disclosure;
(f) The signature of the individual or personal representative
of the individual and the date;
(g) A description of the authority of the personal
representative, if applicable; and
(h) Statements adequate to place the individual on notice of
the following:
(A) The individual's right to revoke the authorization in
writing;
(B) The exceptions to the right to revoke the authorization;
(C) The ability or inability to condition treatment, payment,
enrollment or eligibility for benefits on whether the individual
signs the authorization; and
(D) The potential for information disclosed pursuant to the
authorization to be subject to redisclosure by the recipient and
no longer protected.
(2) 'Covered entity' means:
(a) A state health plan;
(b) A health insurer;
(c) A health care provider that transmits any health
information in electronic form to carry out financial or
administrative activities in connection with a transaction
covered by ORS 192.518 to 192.526; or
(d) A health care clearinghouse.
(3) 'Health care' means care, services or supplies related to
the health of an individual.
(4) 'Health care operations' includes but is not limited to:
(a) Quality assessment, accreditation, auditing and improvement
activities;
(b) Case management and care coordination;
(c) Reviewing the competence, qualifications or performance of
health care providers or health insurers;
(d) Underwriting activities;
(e) Arranging for legal services;
(f) Business planning;
(g) Customer services;
(h) Resolving internal grievances;
(i) Creating de-identified information; and
(j) Fundraising.
(5) 'Health care provider' includes but is not limited to:
(a) A psychologist, occupational therapist, clinical social
worker, professional counselor or marriage and family therapist
licensed under ORS chapter 675 or an employee of the
psychologist, occupational therapist, clinical social worker,
professional counselor or marriage and family therapist;
(b) A physician, podiatric physician and surgeon, physician
assistant or acupuncturist licensed under ORS chapter 677 or an
employee of the physician, podiatric physician and surgeon,
physician assistant or acupuncturist;
(c) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
(d) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
(e) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
(f) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
(g) An emergency medical technician certified under ORS chapter
682;
(h) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
(i) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
(j) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
(k) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
(L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
(m) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
(n) A { - radiologic technologist - } { + medical imaging
technologist + } licensed under ORS 688.405 to 688.605 or an
employee of the
{ - radiologic technologist - } { + medical imaging
technologist + };
(o) A respiratory care practitioner licensed under ORS 688.800
to 688.840 or an employee of the respiratory care practitioner;
(p) A pharmacist licensed under ORS chapter 689 or an employee
of the pharmacist;
(q) A dietitian licensed under ORS 691.405 to 691.585 or an
employee of the dietitian;
(r) A funeral service practitioner licensed under ORS chapter
692 or an employee of the funeral service practitioner;
(s) A health care facility as defined in ORS 442.015;
(t) A home health agency as defined in ORS 443.005;
(u) A hospice program as defined in ORS 443.850;
(v) A clinical laboratory as defined in ORS 438.010;
(w) A pharmacy as defined in ORS 689.005;
(x) A diabetes self-management program as defined in ORS
743.694; and
(y) Any other person or entity that furnishes, bills for or is
paid for health care in the normal course of business.
(6) 'Health information' means any oral or written information
in any form or medium that:
(a) Is created or received by a covered entity, a public health
authority, an employer, a life insurer, a school, a university or
a health care provider that is not a covered entity; and
(b) Relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of
health care to an individual.
(7) 'Health insurer' means:
(a) An insurer as defined in ORS 731.106 who offers:
(A) A health benefit plan as defined in ORS 743.730;
(B) A short term health insurance policy, the duration of which
does not exceed six months including renewals;
(C) A student health insurance policy;
(D) A Medicare supplemental policy; or
(E) A dental only policy.
(b) The Oregon Medical Insurance Pool operated by the Oregon
Medical Insurance Pool Board under ORS 735.600 to 735.650.
(8) 'Individually identifiable health information' means any
oral or written health information in any form or medium that is:
(a) Created or received by a covered entity, an employer or a
health care provider that is not a covered entity; and
(b) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of
health care to an individual.
(9) 'Payment' includes but is not limited to:
(a) Efforts to obtain premiums or reimbursement;
(b) Determining eligibility or coverage;
(c) Billing activities;
(d) Claims management;
(e) Reviewing health care to determine medical necessity;
(f) Utilization review; and
(g) Disclosures to consumer reporting agencies.
(10) 'Personal representative' includes but is not limited to:
(a) A person appointed as a guardian under ORS 125.305,
419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
(b) A person appointed as a health care representative under
ORS 127.505 to 127.660 or a representative under ORS 127.700 to
127.737 to make health care decisions or mental health treatment
decisions;
(c) A person appointed as a personal representative under ORS
chapter 113; and
(d) A person described in ORS 192.526.
(11)(a) 'Protected health information' means individually
identifiable health information that is maintained or transmitted
in any form of electronic or other medium by a covered entity.
(b) 'Protected health information' does not mean individually
identifiable health information in:
(A) Education records covered by the federal Family Educational
Rights and Privacy Act (20 U.S.C. 1232g);
(B) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or
(C) Employment records held by a covered entity in its role as
employer.
(12) 'State health plan' means:
(a) The state Medicaid program;
(b) The Oregon State Children's Health Insurance Program; or
(c) The Family Health Insurance Assistance Program established
in ORS 735.720 to 735.740.
(13) 'Treatment' includes but is not limited to:
(a) The provision, coordination or management of health care;
and
(b) Consultations and referrals between health care providers.
SECTION 33. ORS 433.443 is amended to read:
433.443. (1)(a) During a proclaimed state of impending public
health crisis, the Department of Human Services may:
(A) Adopt reporting requirements for and provide notice of
those requirements to health care providers, institutions and
facilities for the purpose of obtaining information directly
related to the impending public health crisis;
(B) After consultation with appropriate medical experts, create
diagnostic and treatment protocols to respond to the impending
public health crisis and provide notice of those protocols to
health care providers, institutions and facilities;
(C) Order, or authorize local public health administrators to
order, public health measures, including temporary isolation or
quarantine of individuals or groups, as provided in ORS 433.019,
433.022, 433.035 and 433.106;
(D) Upon approval of the Governor, take other reasonable
administrative actions necessary to address the impending public
health crisis and provide notice of those actions to health care
providers, institutions and facilities; and
(E) Impose civil penalties of up to $500 per day against
individuals, institutions or facilities that knowingly fail to
comply with requirements resulting from actions taken in
accordance with the powers granted to the Department of Human
Services under subparagraphs (A), (B) and (D) of this paragraph.
(b) The authority of the Department of Human Services to take
administrative action, and the effectiveness of any action taken,
under paragraph (a)(A), (B) and (D) of this subsection terminates
upon the expiration of the proclaimed state of impending public
health crisis, unless the actions are continued under other
applicable law.
(2) Civil penalties under subsection (1) of this section shall
be imposed in the manner provided in ORS 183.745. The Department
of Human Services must establish that the individual, institution
or facility subject to the civil penalty had actual notice of the
action taken that is the basis for the penalty. The maximum
aggregate total for penalties that may be imposed against an
individual, institution or facility under subsection (1) of this
section is $500 for each day of violation, regardless of the
number of violations of subsection (1) of this section that
occurred on each day of violation.
(3)(a) During a proclaimed state of impending public health
crisis, the Department of Human Services and local public health
administrators shall be given immediate access to individually
identifiable health information necessary to:
(A) Determine the causes of an illness related to the impending
public health crisis;
(B) Identify persons at risk;
(C) Identify patterns of transmission;
(D) Provide treatment; and
(E) Take steps to control the disease.
(b) Individually identifiable health information accessed as
provided by paragraph (a) of this subsection may not be used for
conducting nonemergency epidemiologic research or to identify
persons at risk for post-traumatic mental health problems.
(c) Individually identifiable health information obtained by
the Department of Human Services or local public health
administrators under this subsection may not be disclosed without
written authorization of the identified individual except:
(A) Directly to the individual who is the subject of the
information or to the legal representative of that individual;
(B) To state, local or federal agencies authorized to receive
such information by state or federal law;
(C) To identify or to determine the cause or manner of death of
a deceased individual; or
(D) Directly to a health care provider, institution or facility
for the evaluation or treatment of a condition that is the
subject of a proclamation of a state of impending public health
crisis issued under ORS 433.441.
(d) Upon expiration of the state of impending public health
crisis, the Department of Human Services or local public health
administrators may not use or disclose any individually
identifiable health information that has been obtained under
subsections (1) to (4) of this section. If a state of emergency
that is related to the state of impending public health crisis
has been declared under 401.055, the Department of Human Services
and local public health administrators may continue to use any
information obtained as provided in subsections (1) to (4) of
this section until termination of the state of emergency.
(4) As used in subsections (1) to (4) of this section:
(a) 'Covered entity' means:
(A) The Children's Health Insurance Program;
(B) The Family Health Insurance Assistance Program established
under ORS 735.722;
(C) A health insurer that is an insurer as defined in ORS
731.106 and that issues health insurance as defined in ORS
731.162;
(D) The state medical assistance program; and
(E) A health care provider.
(b) 'Health care provider' includes but is not limited to:
(A) A psychologist, occupational therapist, clinical social
worker, professional counselor or marriage and family therapist
licensed under ORS chapter 675 or an employee of the
psychologist, occupational therapist, clinical social worker,
professional counselor or marriage and family therapist;
(B) A physician, podiatric physician and surgeon, physician
assistant or acupuncturist licensed under ORS chapter 677 or an
employee of the physician, podiatric physician and surgeon,
physician assistant or acupuncturist;
(C) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
(D) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
(E) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
(F) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
(G) An emergency medical technician certified under ORS chapter
682;
(H) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
(I) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
(J) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
(K) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
(L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
(M) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
(N) A { - radiologic technologist - } { + medical imaging
technologist + } licensed under ORS 688.405 to 688.605 or an
employee of the
{ - radiologic technologist - } { + medical imaging
technologist + };
(O) A respiratory care practitioner licensed under ORS 688.800
to 688.840 or an employee of the respiratory care practitioner;
(P) A pharmacist licensed under ORS chapter 689 or an employee
of the pharmacist;
(Q) A dietitian licensed under ORS 691.405 to 691.585 or an
employee of the dietitian;
(R) A funeral service practitioner licensed under ORS chapter
692 or an employee of the funeral service practitioner;
(S) A health care facility as defined in ORS 442.015;
(T) A home health agency as defined in ORS 443.005;
(U) A hospice program as defined in ORS 443.850;
(V) A clinical laboratory as defined in ORS 438.010;
(W) A pharmacy as defined in ORS 689.005;
(X) A diabetes self-management program as defined in ORS
743.694; and
(Y) Any other person or entity that furnishes, bills for or is
paid for health care in the normal course of business.
(c) 'Individually identifiable health information' means any
oral or written health information in any form or medium that is:
(A) Created or received by a covered entity, an employer or a
health care provider that is not a covered entity; and
(B) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(i) The past, present or future physical or mental health or
condition of an individual;
(ii) The provision of health care to an individual; or
(iii) The past, present or future payment for the provision of
health care to an individual.
(5) All civil penalties recovered under subsections (1) to (4)
of this section shall be paid into the State Treasury and
credited to the General Fund and are available for general
governmental expenses.
SECTION 34. ORS 676.160 is amended to read:
676.160. As used in ORS 676.165 to 676.180, 'health
professional regulatory board' means the:
(1) State Board of Examiners for Speech-Language Pathology and
Audiology;
(2) State Board of Chiropractic Examiners;
(3) State Board of Clinical Social Workers;
(4) Oregon Board of Licensed Professional Counselors and
Therapists;
(5) Oregon Board of Dentistry;
(6) Board of Examiners of Licensed Dietitians;
(7) State Board of Massage Therapists;
(8) State Mortuary and Cemetery Board;
(9) Board of Naturopathic Examiners;
(10) Oregon State Board of Nursing;
(11) Board of Examiners of Nursing Home Administrators;
(12) Oregon Board of Optometry;
(13) State Board of Pharmacy;
(14) Board of Medical Examiners;
(15) Occupational Therapy Licensing Board;
(16) Physical Therapist Licensing Board;
(17) State Board of Psychologist Examiners;
(18) Board of { - Radiologic - } { + Medical Imaging + }
Technology;
(19) Oregon State Veterinary Medical Examining Board; and
(20) Department of Human Services to the extent that the
department certifies emergency medical technicians.
SECTION 35. ORS 746.600 is amended to read:
746.600. As used in ORS 746.600 to 746.690:
(1)(a) 'Adverse underwriting decision' means any of the
following actions with respect to insurance transactions
involving insurance coverage that is individually underwritten:
(A) A declination of insurance coverage.
(B) A termination of insurance coverage.
(C) Failure of an insurance producer to apply for insurance
coverage with a specific insurer that the insurance producer
represents and that is requested by an applicant.
(D) In the case of life or health insurance coverage, an offer
to insure at higher than standard rates.
(E) In the case of individual health insurance coverage, an
offer to insure the applicant under a health benefit plan other
than the health benefit plan initially elected by the applicant.
(F) In the case of individual health insurance coverage, an
offer to insure the applicant under a health benefit plan that
imposes a waiver of coverage for one or more preexisting
conditions for a period of time that is greater than six months
and less than 24 months following the applicant's effective date
of coverage.
(G) In the case of insurance coverage other than life or health
insurance coverage:
(i) Placement by an insurer or insurance producer of a risk
with a residual market mechanism, an unauthorized insurer or an
insurer that specializes in substandard risks.
(ii) The charging of a higher rate on the basis of information
that differs from that which the applicant or policyholder
furnished.
(iii) An increase in any charge imposed by the insurer for any
personal insurance in connection with the underwriting of
insurance. For purposes of this sub-subparagraph, the imposition
of a service fee is not a charge.
(b) 'Adverse underwriting decision' does not mean any of the
following actions, but the insurer or insurance producer
responsible for the occurrence of the action must nevertheless
provide the applicant or policyholder with the specific reason or
reasons for the occurrence:
(A) The termination of an individual policy form on a class or
statewide basis.
(B) A declination of insurance coverage solely because the
coverage is not available on a class or statewide basis.
(C) The rescission of a policy.
(2) 'Affiliate of' a specified person or 'person affiliated
with' a specified person means a person who directly, or
indirectly, through one or more intermediaries, controls, or is
controlled by, or is under common control with, the person
specified.
(3) 'Applicant' means a person who seeks to contract for
insurance coverage, other than a person seeking group insurance
coverage that is not individually underwritten.
(4) 'Consumer' means an individual, or the personal
representative of the individual, who seeks to obtain, obtains or
has obtained one or more insurance products or services from a
licensee that are to be used primarily for personal, family or
household purposes, and about whom the licensee has personal
information.
(5) 'Consumer report' means any written, oral or other
communication of information bearing on a natural person's
creditworthiness, credit standing, credit capacity, character,
general reputation, personal characteristics or mode of living
that is used or expected to be used in connection with an
insurance transaction.
(6) 'Consumer reporting agency' means a person that, for
monetary fees or dues, or on a cooperative or nonprofit basis:
(a) Regularly engages, in whole or in part, in assembling or
preparing consumer reports;
(b) Obtains information primarily from sources other than
insurers; and
(c) Furnishes consumer reports to other persons.
(7) 'Control' means, and the terms 'controlled by' or ' under
common control with' refer to, the possession, directly or
indirectly, of the power to direct or cause the direction of the
management and policies of a person, whether through the
ownership of voting securities, by contract other than a
commercial contract for goods or nonmanagement services, or
otherwise, unless the power of the person is the result of a
corporate office held in, or an official position held with, the
controlled person.
(8) 'Covered entity' means:
(a) A health insurer;
(b) A health care provider that transmits any health
information in electronic form to carry out financial or
administrative activities in connection with a transaction
covered by ORS 746.607 or by rules adopted under ORS 746.608; or
(c) A health care clearinghouse.
(9) 'Credit history' means any written or other communication
of any information by a consumer reporting agency that:
(a) Bears on a consumer's creditworthiness, credit standing or
credit capacity; and
(b) Is used or expected to be used, or collected in whole or in
part, as a factor in determining eligibility, premiums or rates
for personal insurance.
(10) 'Customer' means a consumer who has a continuing
relationship with a licensee under which the licensee provides
one or more insurance products or services to the consumer that
are to be used primarily for personal, family or household
purposes.
(11) 'Declination of insurance coverage' or 'decline coverage'
means a denial, in whole or in part, by an insurer or insurance
producer of an application for requested insurance coverage.
(12) 'Health care' means care, services or supplies related to
the health of an individual.
(13) 'Health care operations' includes but is not limited to:
(a) Quality assessment, accreditation, auditing and improvement
activities;
(b) Case management and care coordination;
(c) Reviewing the competence, qualifications or performance of
health care providers or health insurers;
(d) Underwriting activities;
(e) Arranging for legal services;
(f) Business planning;
(g) Customer services;
(h) Resolving internal grievances;
(i) Creating de-identified information; and
(j) Fundraising.
(14) 'Health care provider' includes but is not limited to:
(a) A psychologist, occupational therapist, clinical social
worker, professional counselor or marriage and family therapist
licensed under ORS chapter 675 or an employee of the
psychologist, occupational therapist, clinical social worker,
professional counselor or marriage and family therapist;
(b) A physician, podiatric physician and surgeon, physician
assistant or acupuncturist licensed under ORS chapter 677 or an
employee of the physician, podiatric physician and surgeon,
physician assistant or acupuncturist;
(c) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
(d) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
(e) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
(f) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
(g) An emergency medical technician certified under ORS chapter
682;
(h) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
(i) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
(j) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
(k) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
(L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
(m) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
(n) A { - radiologic - } { + medical imaging + }
technologist licensed under ORS 688.405 to 688.605 or an employee
of the { - radiologic - } { + medical imaging + }
technologist;
(o) A respiratory care practitioner licensed under ORS 688.800
to 688.840 or an employee of the respiratory care practitioner;
(p) A pharmacist licensed under ORS chapter 689 or an employee
of the pharmacist;
(q) A dietitian licensed under ORS 691.405 to 691.585 or an
employee of the dietitian;
(r) A funeral service practitioner licensed under ORS chapter
692 or an employee of the funeral service practitioner;
(s) A health care facility as defined in ORS 442.015;
(t) A home health agency as defined in ORS 443.005;
(u) A hospice program as defined in ORS 443.850;
(v) A clinical laboratory as defined in ORS 438.010;
(w) A pharmacy as defined in ORS 689.005;
(x) A diabetes self-management program as defined in ORS
743.694; and
(y) Any other person or entity that furnishes, bills for or is
paid for health care in the normal course of business.
(15) 'Health information' means any oral or written information
in any form or medium that:
(a) Is created or received by a covered entity, a public health
authority, a life insurer, a school, a university or a health
care provider that is not a covered entity; and
(b) Relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of
health care to an individual.
(16) 'Health insurer' means:
(a) An insurer who offers:
(A) A health benefit plan as defined in ORS 743.730;
(B) A short term health insurance policy, the duration of which
does not exceed six months including renewals;
(C) A student health insurance policy;
(D) A Medicare supplemental policy; or
(E) A dental only policy.
(b) The Oregon Medical Insurance Pool operated by the Oregon
Medical Insurance Pool Board under ORS 735.600 to 735.650.
(17) 'Homeowner insurance' means insurance for residential
property consisting of a combination of property insurance and
casualty insurance that provides coverage for the risks of owning
or occupying a dwelling and that is not intended to cover an
owner's interest in rental property or commercial exposures.
(18) 'Individual' means a natural person who:
(a) In the case of life or health insurance, is a past, present
or proposed principal insured or certificate holder;
(b) In the case of other kinds of insurance, is a past, present
or proposed named insured or certificate holder;
(c) Is a past, present or proposed policyowner;
(d) Is a past or present applicant;
(e) Is a past or present claimant; or
(f) Derived, derives or is proposed to derive insurance
coverage under an insurance policy or certificate that is subject
to ORS 746.600 to 746.690.
(19) 'Individually identifiable health information' means any
oral or written health information that is:
(a) Created or received by a covered entity or a health care
provider that is not a covered entity; and
(b) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of
health care to an individual.
(20) 'Institutional source' means a person or governmental
entity that provides information about an individual to an
insurer, insurance producer or insurance-support organization,
other than:
(a) An insurance producer;
(b) The individual who is the subject of the information; or
(c) A natural person acting in a personal capacity rather than
in a business or professional capacity.
(21) 'Insurance producer' or 'producer' means a person licensed
by the Director of the Department of Consumer and Business
Services as a resident or nonresident insurance producer.
(22) 'Insurance score' means a number or rating that is derived
from an algorithm, computer application, model or other process
that is based in whole or in part on credit history.
(23)(a) 'Insurance-support organization' means a person who
regularly engages, in whole or in part, in assembling or
collecting information about natural persons for the primary
purpose of providing the information to an insurer or insurance
producer for insurance transactions, including:
(A) The furnishing of consumer reports to an insurer or
insurance producer for use in connection with insurance
transactions; and
(B) The collection of personal information from insurers,
insurance producers or other insurance-support organizations for
the purpose of detecting or preventing fraud, material
misrepresentation or material nondisclosure in connection with
insurance underwriting or insurance claim activity.
(b) 'Insurance-support organization' does not mean insurers,
insurance producers, governmental institutions or health care
providers.
(24) 'Insurance transaction' means any transaction that
involves insurance primarily for personal, family or household
needs rather than business or professional needs and that
entails:
(a) The determination of an individual's eligibility for an
insurance coverage, benefit or payment; or
(b) The servicing of an insurance application, policy or
certificate.
(25) 'Insurer' has the meaning given that term in ORS 731.106.
(26) 'Investigative consumer report' means a consumer report,
or portion of a consumer report, for which information about a
natural person's character, general reputation, personal
characteristics or mode of living is obtained through personal
interviews with the person's neighbors, friends, associates,
acquaintances or others who may have knowledge concerning such
items of information.
(27) 'Licensee' means an insurer, insurance producer or other
person authorized or required to be authorized, or licensed or
required to be licensed, pursuant to the Insurance Code.
(28) 'Loss history report' means a report provided by, or a
database maintained by, an insurance-support organization or
consumer reporting agency that contains information regarding the
claims history of the individual property that is the subject of
the application for a homeowner insurance policy or the consumer
applying for a homeowner insurance policy.
(29) 'Nonaffiliated third party' means any person except:
(a) An affiliate of a licensee;
(b) A person that is employed jointly by a licensee and by a
person that is not an affiliate of the licensee; and
(c) As designated by the director by rule.
(30) 'Payment' includes but is not limited to:
(a) Efforts to obtain premiums or reimbursement;
(b) Determining eligibility or coverage;
(c) Billing activities;
(d) Claims management;
(e) Reviewing health care to determine medical necessity;
(f) Utilization review; and
(g) Disclosures to consumer reporting agencies.
(31)(a) 'Personal financial information' means:
(A) Information that is identifiable with an individual,
gathered in connection with an insurance transaction from which
judgments can be made about the individual's character, habits,
avocations, finances, occupations, general reputation, credit or
any other personal characteristics; or
(B) An individual's name, address and policy number or similar
form of access code for the individual's policy.
(b) 'Personal financial information' does not mean information
that a licensee has a reasonable basis to believe is lawfully
made available to the general public from federal, state or local
government records, widely distributed media or disclosures to
the public that are required by federal, state or local law.
(32) 'Personal information' means:
(a) Personal financial information;
(b) Individually identifiable health information; or
(c) Protected health information.
(33) 'Personal insurance' means the following types of
insurance products or services that are to be used primarily for
personal, family or household purposes:
(a) Private passenger automobile coverage;
(b) Homeowner, mobile homeowners, manufactured homeowners,
condominium owners and renters coverage;
(c) Personal dwelling property coverage;
(d) Personal liability and theft coverage, including excess
personal liability and theft coverage; and
(e) Personal inland marine coverage.
(34) 'Personal representative' includes but is not limited to:
(a) A person appointed as a guardian under ORS 125.305,
419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
(b) A person appointed as a health care representative under
ORS 127.505 to 127.660 or 127.700 to 127.737 to make health care
decisions or mental health treatment decisions;
(c) A person appointed as a personal representative under ORS
chapter 113; and
(d) A person described in ORS 746.611.
(35) 'Policyholder' means a person who:
(a) In the case of individual policies of life or health
insurance, is a current policyowner;
(b) In the case of individual policies of other kinds of
insurance, is currently a named insured; or
(c) In the case of group policies of insurance under which
coverage is individually underwritten, is a current certificate
holder.
(36) 'Pretext interview' means an interview wherein the
interviewer, in an attempt to obtain personal information about a
natural person, does one or more of the following:
(a) Pretends to be someone the interviewer is not.
(b) Pretends to represent a person the interviewer is not in
fact representing.
(c) Misrepresents the true purpose of the interview.
(d) Refuses upon request to identify the interviewer.
(37) 'Privileged information' means information that is
identifiable with an individual and that:
(a) Relates to a claim for insurance benefits or a civil or
criminal proceeding involving the individual; and
(b) Is collected in connection with or in reasonable
anticipation of a claim for insurance benefits or a civil or
criminal proceeding involving the individual.
(38)(a) 'Protected health information' means individually
identifiable health information that is transmitted or maintained
in any form of electronic or other medium by a covered entity.
(b) 'Protected health information' does not mean individually
identifiable health information in:
(A) Education records covered by the federal Family Educational
Rights and Privacy Act (20 U.S.C. 1232g);
(B) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or
(C) Employment records held by a covered entity in its role as
employer.
(39) 'Residual market mechanism' means an association,
organization or other entity involved in the insuring of risks
under ORS 735.005 to 735.145, 737.312 or other provisions of the
Insurance Code relating to insurance applicants who are unable to
procure insurance through normal insurance markets.
(40) 'Termination of insurance coverage' or 'termination of an
insurance policy' means either a cancellation or a nonrenewal of
an insurance policy, in whole or in part, for any reason other
than the failure of a premium to be paid as required by the
policy.
(41) 'Treatment' includes but is not limited to:
(a) The provision, coordination or management of health care;
and
(b) Consultations and referrals between health care providers.
SECTION 36. ORS 746.600, as amended by section 4, chapter 590,
Oregon Laws 2003, section 7, chapter 599, Oregon Laws 2003,
section 7, chapter 253, Oregon Laws 2005, and section 2, chapter
489, Oregon Laws 2005, is amended to read:
746.600. As used in ORS 746.600 to 746.690:
(1)(a) 'Adverse underwriting decision' means any of the
following actions with respect to insurance transactions
involving insurance coverage that is individually underwritten:
(A) A declination of insurance coverage.
(B) A termination of insurance coverage.
(C) Failure of an insurance producer to apply for insurance
coverage with a specific insurer that the insurance producer
represents and that is requested by an applicant.
(D) In the case of life or health insurance coverage, an offer
to insure at higher than standard rates.
(E) In the case of insurance coverage other than life or health
insurance coverage:
(i) Placement by an insurer or insurance producer of a risk
with a residual market mechanism, an unauthorized insurer or an
insurer that specializes in substandard risks.
(ii) The charging of a higher rate on the basis of information
that differs from that which the applicant or policyholder
furnished.
(iii) An increase in any charge imposed by the insurer for any
personal insurance in connection with the underwriting of
insurance. For purposes of this sub-subparagraph, the imposition
of a service fee is not a charge.
(b) 'Adverse underwriting decision' does not mean any of the
following actions, but the insurer or insurance producer
responsible for the occurrence of the action must nevertheless
provide the applicant or policyholder with the specific reason or
reasons for the occurrence:
(A) The termination of an individual policy form on a class or
statewide basis.
(B) A declination of insurance coverage solely because the
coverage is not available on a class or statewide basis.
(C) The rescission of a policy.
(2) 'Affiliate of' a specified person or 'person affiliated
with' a specified person means a person who directly, or
indirectly, through one or more intermediaries, controls, or is
controlled by, or is under common control with, the person
specified.
(3) 'Applicant' means a person who seeks to contract for
insurance coverage, other than a person seeking group insurance
coverage that is not individually underwritten.
(4) 'Consumer' means an individual, or the personal
representative of the individual, who seeks to obtain, obtains or
has obtained one or more insurance products or services from a
licensee that are to be used primarily for personal, family or
household purposes, and about whom the licensee has personal
information.
(5) 'Consumer report' means any written, oral or other
communication of information bearing on a natural person's
creditworthiness, credit standing, credit capacity, character,
general reputation, personal characteristics or mode of living
that is used or expected to be used in connection with an
insurance transaction.
(6) 'Consumer reporting agency' means a person that, for
monetary fees or dues, or on a cooperative or nonprofit basis:
(a) Regularly engages, in whole or in part, in assembling or
preparing consumer reports;
(b) Obtains information primarily from sources other than
insurers; and
(c) Furnishes consumer reports to other persons.
(7) 'Control' means, and the terms 'controlled by' or ' under
common control with' refer to, the possession, directly or
indirectly, of the power to direct or cause the direction of the
management and policies of a person, whether through the
ownership of voting securities, by contract other than a
commercial contract for goods or nonmanagement services, or
otherwise, unless the power of the person is the result of a
corporate office held in, or an official position held with, the
controlled person.
(8) 'Covered entity' means:
(a) A health insurer;
(b) A health care provider that transmits any health
information in electronic form to carry out financial or
administrative activities in connection with a transaction
covered by ORS 746.607 or by rules adopted under ORS 746.608; or
(c) A health care clearinghouse.
(9) 'Credit history' means any written or other communication
of any information by a consumer reporting agency that:
(a) Bears on a consumer's creditworthiness, credit standing or
credit capacity; and
(b) Is used or expected to be used, or collected in whole or in
part, as a factor in determining eligibility, premiums or rates
for personal insurance.
(10) 'Customer' means a consumer who has a continuing
relationship with a licensee under which the licensee provides
one or more insurance products or services to the consumer that
are to be used primarily for personal, family or household
purposes.
(11) 'Declination of insurance coverage' or 'decline coverage'
means a denial, in whole or in part, by an insurer or insurance
producer of an application for requested insurance coverage.
(12) 'Health care' means care, services or supplies related to
the health of an individual.
(13) 'Health care operations' includes but is not limited to:
(a) Quality assessment, accreditation, auditing and improvement
activities;
(b) Case management and care coordination;
(c) Reviewing the competence, qualifications or performance of
health care providers or health insurers;
(d) Underwriting activities;
(e) Arranging for legal services;
(f) Business planning;
(g) Customer services;
(h) Resolving internal grievances;
(i) Creating de-identified information; and
(j) Fundraising.
(14) 'Health care provider' includes but is not limited to:
(a) A psychologist, occupational therapist, clinical social
worker, professional counselor or marriage and family therapist
licensed under ORS chapter 675 or an employee of the
psychologist, occupational therapist, clinical social worker,
professional counselor or marriage and family therapist;
(b) A physician, podiatric physician and surgeon, physician
assistant or acupuncturist licensed under ORS chapter 677 or an
employee of the physician, podiatric physician and surgeon,
physician assistant or acupuncturist;
(c) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
(d) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
(e) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
(f) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
(g) An emergency medical technician certified under ORS chapter
682;
(h) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
(i) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
(j) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
(k) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
(L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
(m) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
(n) A { - radiologic - } { + medical imaging + }
technologist licensed under ORS 688.405 to 688.605 or an employee
of the { - radiologic - } { + medical imaging + }
technologist;
(o) A respiratory care practitioner licensed under ORS 688.800
to 688.840 or an employee of the respiratory care practitioner;
(p) A pharmacist licensed under ORS chapter 689 or an employee
of the pharmacist;
(q) A dietitian licensed under ORS 691.405 to 691.585 or an
employee of the dietitian;
(r) A funeral service practitioner licensed under ORS chapter
692 or an employee of the funeral service practitioner;
(s) A health care facility as defined in ORS 442.015;
(t) A home health agency as defined in ORS 443.005;
(u) A hospice program as defined in ORS 443.850;
(v) A clinical laboratory as defined in ORS 438.010;
(w) A pharmacy as defined in ORS 689.005;
(x) A diabetes self-management program as defined in ORS
743.694; and
(y) Any other person or entity that furnishes, bills for or is
paid for health care in the normal course of business.
(15) 'Health information' means any oral or written information
in any form or medium that:
(a) Is created or received by a covered entity, a public health
authority, a life insurer, a school, a university or a health
care provider that is not a covered entity; and
(b) Relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of
health care to an individual.
(16) 'Health insurer' means:
(a) An insurer who offers:
(A) A health benefit plan as defined in ORS 743.730;
(B) A short term health insurance policy, the duration of which
does not exceed six months including renewals;
(C) A student health insurance policy;
(D) A Medicare supplemental policy; or
(E) A dental only policy.
(b) The Oregon Medical Insurance Pool operated by the Oregon
Medical Insurance Pool Board under ORS 735.600 to 735.650.
(17) 'Homeowner insurance' means insurance for residential
property consisting of a combination of property insurance and
casualty insurance that provides coverage for the risks of owning
or occupying a dwelling and that is not intended to cover an
owner's interest in rental property or commercial exposures.
(18) 'Individual' means a natural person who:
(a) In the case of life or health insurance, is a past, present
or proposed principal insured or certificate holder;
(b) In the case of other kinds of insurance, is a past, present
or proposed named insured or certificate holder;
(c) Is a past, present or proposed policyowner;
(d) Is a past or present applicant;
(e) Is a past or present claimant; or
(f) Derived, derives or is proposed to derive insurance
coverage under an insurance policy or certificate that is subject
to ORS 746.600 to 746.690.
(19) 'Individually identifiable health information' means any
oral or written health information that is:
(a) Created or received by a covered entity or a health care
provider that is not a covered entity; and
(b) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(A) The past, present or future physical or mental health or
condition of an individual;
(B) The provision of health care to an individual; or
(C) The past, present or future payment for the provision of
health care to an individual.
(20) 'Institutional source' means a person or governmental
entity that provides information about an individual to an
insurer, insurance producer or insurance-support organization,
other than:
(a) An insurance producer;
(b) The individual who is the subject of the information; or
(c) A natural person acting in a personal capacity rather than
in a business or professional capacity.
(21) 'Insurance producer' or 'producer' means a person licensed
by the Director of the Department of Consumer and Business
Services as a resident or nonresident insurance producer.
(22) 'Insurance score' means a number or rating that is derived
from an algorithm, computer application, model or other process
that is based in whole or in part on credit history.
(23)(a) 'Insurance-support organization' means a person who
regularly engages, in whole or in part, in assembling or
collecting information about natural persons for the primary
purpose of providing the information to an insurer or insurance
producer for insurance transactions, including:
(A) The furnishing of consumer reports to an insurer or
insurance producer for use in connection with insurance
transactions; and
(B) The collection of personal information from insurers,
insurance producers or other insurance-support organizations for
the purpose of detecting or preventing fraud, material
misrepresentation or material nondisclosure in connection with
insurance underwriting or insurance claim activity.
(b) 'Insurance-support organization' does not mean insurers,
insurance producers, governmental institutions or health care
providers.
(24) 'Insurance transaction' means any transaction that
involves insurance primarily for personal, family or household
needs rather than business or professional needs and that
entails:
(a) The determination of an individual's eligibility for an
insurance coverage, benefit or payment; or
(b) The servicing of an insurance application, policy or
certificate.
(25) 'Insurer' has the meaning given that term in ORS 731.106.
(26) 'Investigative consumer report' means a consumer report,
or portion of a consumer report, for which information about a
natural person's character, general reputation, personal
characteristics or mode of living is obtained through personal
interviews with the person's neighbors, friends, associates,
acquaintances or others who may have knowledge concerning such
items of information.
(27) 'Licensee' means an insurer, insurance producer or other
person authorized or required to be authorized, or licensed or
required to be licensed, pursuant to the Insurance Code.
(28) 'Loss history report' means a report provided by, or a
database maintained by, an insurance-support organization or
consumer reporting agency that contains information regarding the
claims history of the individual property that is the subject of
the application for a homeowner insurance policy or the consumer
applying for a homeowner insurance policy.
(29) 'Nonaffiliated third party' means any person except:
(a) An affiliate of a licensee;
(b) A person that is employed jointly by a licensee and by a
person that is not an affiliate of the licensee; and
(c) As designated by the director by rule.
(30) 'Payment' includes but is not limited to:
(a) Efforts to obtain premiums or reimbursement;
(b) Determining eligibility or coverage;
(c) Billing activities;
(d) Claims management;
(e) Reviewing health care to determine medical necessity;
(f) Utilization review; and
(g) Disclosures to consumer reporting agencies.
(31)(a) 'Personal financial information' means:
(A) Information that is identifiable with an individual,
gathered in connection with an insurance transaction from which
judgments can be made about the individual's character, habits,
avocations, finances, occupations, general reputation, credit or
any other personal characteristics; or
(B) An individual's name, address and policy number or similar
form of access code for the individual's policy.
(b) 'Personal financial information' does not mean information
that a licensee has a reasonable basis to believe is lawfully
made available to the general public from federal, state or local
government records, widely distributed media or disclosures to
the public that are required by federal, state or local law.
(32) 'Personal information' means:
(a) Personal financial information;
(b) Individually identifiable health information; or
(c) Protected health information.
(33) 'Personal insurance' means the following types of
insurance products or services that are to be used primarily for
personal, family or household purposes:
(a) Private passenger automobile coverage;
(b) Homeowner, mobile homeowners, manufactured homeowners,
condominium owners and renters coverage;
(c) Personal dwelling property coverage;
(d) Personal liability and theft coverage, including excess
personal liability and theft coverage; and
(e) Personal inland marine coverage.
(34) 'Personal representative' includes but is not limited to:
(a) A person appointed as a guardian under ORS 125.305,
419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
(b) A person appointed as a health care representative under
ORS 127.505 to 127.660 or 127.700 to 127.737 to make health care
decisions or mental health treatment decisions;
(c) A person appointed as a personal representative under ORS
chapter 113; and
(d) A person described in ORS 746.611.
(35) 'Policyholder' means a person who:
(a) In the case of individual policies of life or health
insurance, is a current policyowner;
(b) In the case of individual policies of other kinds of
insurance, is currently a named insured; or
(c) In the case of group policies of insurance under which
coverage is individually underwritten, is a current certificate
holder.
(36) 'Pretext interview' means an interview wherein the
interviewer, in an attempt to obtain personal information about a
natural person, does one or more of the following:
(a) Pretends to be someone the interviewer is not.
(b) Pretends to represent a person the interviewer is not in
fact representing.
(c) Misrepresents the true purpose of the interview.
(d) Refuses upon request to identify the interviewer.
(37) 'Privileged information' means information that is
identifiable with an individual and that:
(a) Relates to a claim for insurance benefits or a civil or
criminal proceeding involving the individual; and
(b) Is collected in connection with or in reasonable
anticipation of a claim for insurance benefits or a civil or
criminal proceeding involving the individual.
(38)(a) 'Protected health information' means individually
identifiable health information that is transmitted or maintained
in any form of electronic or other medium by a covered entity.
(b) 'Protected health information' does not mean individually
identifiable health information in:
(A) Education records covered by the federal Family Educational
Rights and Privacy Act (20 U.S.C. 1232g);
(B) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or
(C) Employment records held by a covered entity in its role as
employer.
(39) 'Residual market mechanism' means an association,
organization or other entity involved in the insuring of risks
under ORS 735.005 to 735.145, 737.312 or other provisions of the
Insurance Code relating to insurance applicants who are unable to
procure insurance through normal insurance markets.
(40) 'Termination of insurance coverage' or 'termination of an
insurance policy' means either a cancellation or a nonrenewal of
an insurance policy, in whole or in part, for any reason other
than the failure of a premium to be paid as required by the
policy.
(41) 'Treatment' includes but is not limited to:
(a) The provision, coordination or management of health care;
and
(b) Consultations and referrals between health care providers.
SECTION 37. { + Section 8 of this 2007 Act applies to persons
first submitting applications for licensure on or after the
effective date of this 2007 Act. + }
SECTION 38. { + (1) The amendments to ORS 688.445 by section 5
of this 2007 Act apply to licenses issued on or after the
effective date of this 2007 Act.
(2) The amendments to ORS 688.455 by section 6 of this 2007 Act
apply to persons submitting applications on or after the
effective date of this 2007 Act.
(3) The amendments to ORS 688.495 by section 13 of this 2007
Act apply to licenses issued by the Board of Medical Imaging
Technology on or after the effective date of this 2007 Act.
(4) The amendments to ORS 688.515 by section 15 of this 2007
Act apply to permits issued on or after the effective date of
this 2007 Act.
(5) The amendments to ORS 688.525 by section 19 of this 2007
Act apply to orders of discipline issued on or after the
effective date of this 2007 Act. + }
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