75th OREGON LEGISLATIVE ASSEMBLY--2009 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 736
B-Engrossed
House Bill 2245
Ordered by the House June 24
Including House Amendments dated April 1 and June 24
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (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.
Changes name of Board of Radiologic Technology to Board of
Medical Imaging. Changes name of Board of Radiologic Technology
Account to Board of Medical Imaging Account.
Defines 'medical imaging modality' and related terms. Creates
categories of medical imaging modalities.
Revises various provisions relating to medical imaging
licensees and limited X-ray machine operator permittees.
Requires persons applying on or after January 1, 2014, for
license to practice medical imaging modality to have credential
issued by nationally recognized credentialing organization
recognized by board.
{ + Takes effect July 1, 2010. + }
A BILL FOR AN ACT
Relating to medical imaging; creating new provisions; 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, 688.480, 688.485,
688.495, 688.505, 688.515, 688.520, 688.525, 688.545, 688.555,
688.557, 688.560, 688.565, 688.585, 688.595, 688.600, 688.605,
688.915 and 746.600; and repealing ORS 688.465 and 688.475; and
prescribing an effective date.
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 technology' means a
school of radiologic 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 - } { + 'Approved school' means a school accredited
in one of the medical imaging modalities or subspecialties by a
national post-secondary accreditation body and whose graduates
are qualified to sit for a credentialing examination recognized
by the Board of Medical Imaging in the graduate's medical imaging
modality or subspecialty + }.
{ - (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. - }
{ - (4) 'Inactive status' means the status granted by the
board to a licensee or limited permit holder who has notified the
board of the intent not to practice radiologic technology and of
the desire to retain the right to reinstate the license or
limited permit subject to board rule. - }
{ + (2) 'Clinical instructor' means an individual assigned to
supervise students in a clinical setting who is:
(a) A licensed physician who routinely supervises the medical
imaging modality being studied by a student; or
(b) An individual licensed by the board and credentialed by a
credentialing organization in the medical imaging modality being
studied by a student.
(3) 'Credential' means the recognition awarded to an individual
who meets the requirements of a credentialing organization.
(4) 'Credentialing organization' means a nationally recognized
organization that issues credentials through testing or
evaluations that determine that a person meets defined standards
for training and competence in a medical imaging modality.
(5) 'Diagnostic medical sonography' means the use of
nonionizing high frequency sound waves with specialized equipment
to direct the sound waves into areas of the human body to
generate images for the assessment and diagnosis of various
medical conditions.
(6) 'Graduate' means an individual who has completed the
didactic and clinical education at an approved school, including
documented clinical proficiency, but who has not met all
requirements for credentialing by a credentialing organization.
(7) 'Hybrid imaging or radiation therapy equipment' means
equipment that combines more than one medical imaging modality
into a single device.
(8) 'Ionizing radiation' means alpha particles, beta particles,
gamma rays, X-rays, neutrons, high-speed electrons, high-speed
protons or other particles capable of producing ions. ' Ionizing
radiation' does not include radiation such as radiofrequency or
microwaves, visible, infrared or ultraviolet light or ultrasound.
(9) 'License' means a license issued by the board to practice
one or more of the medical imaging modalities.
(10) 'Licensed physician' means a physician or surgeon licensed
in Oregon. + }
{ - (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. - }
{ - (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. - }
{ + (11) 'Limited X-ray machine operator' means a person
other than a licensed physician who performs diagnostic X-ray
procedures under the supervision of a licensed physician using
equipment that emits external ionizing radiation resulting in
diagnostic radiographic images that are limited to select human
anatomical sites.
(12) 'Limited X-ray machine operator course of study' means a
board-approved set of didactic and clinical experience elements
designed to prepare a person for gaining practical experience and
for passing the limited X-ray machine operator examination.
(13) 'Magnetic resonance imaging' means the process by which
certain nuclei, when placed in a magnetic field, absorb and
release energy in the form of radio waves that are analyzed by a
computer thereby producing an image of human anatomy and
physiological information.
(14) 'Medical imaging' means the use of specialized equipment
for the production of visual representations of human anatomy,
tissues or organs for use in clinical diagnosis and treatment and
includes but is not limited to X-ray, single photon emission,
positron emission technology, ultrasound, magnetic fields,
visible light and radio waves.
(15) 'Medical imaging licensee' means a person other than a
licensed physician or a limited X-ray machine operator who holds
a valid license and operates medical imaging equipment for
diagnostic or therapeutic purposes under the supervision of a
licensed physician.
(16) 'Medical imaging modality' means:
(a) Diagnostic medical sonography and all its subspecialties;
(b) Magnetic resonance imaging and all its subspecialties;
(c) Nuclear medicine technology and all its subspecialties;
(d) Radiation therapy and all its subspecialties; or
(e) Radiography and all its subspecialties.
(17) 'Nuclear medicine technology' means the specialized
equipment that measures radiation emitted by radionuclides,
including counters and cameras that form medical images for
interpretation by a physician, or assists in therapeutic use of
radionuclides. + }
{ - (10) '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. - }
{ - (11) - } { + (18) + } 'Radiation therapy' means the use
of ionizing radiation { - upon - } { + on + } a human being
for therapeutic purposes.
{ - (12) - } { + (19) + } { - ' Radiologic
technologist' - } { + ' Radiographer' + } means a person other
than a licensed
{ - practitioner who practices radiologic technology as a: - }
{ + physician who performs a comprehensive set of diagnostic
radiographic procedures under the supervision of a licensed
physician using external ionizing radiation to produce
radiographic, fluoroscopic or digital images. + }
{ - (a) Diagnostic radiologic technologist; or - }
{ - (b) Radiation therapist. - }
{ - (13) - } { + (20) + } { - ' Radiologic
technology' - } { + 'Radiography' + } means the use of ionizing
radiation { - upon a - } { + to produce radiographic,
fluoroscopic or digital images of + } human { - being - }
{ + anatomy + } for diagnostic { - or therapeutic - }
purposes.
{ - (14) '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. - }
{ + (21) 'Radiologist' means a person licensed to practice
medicine in the State of Oregon who is certified by or board
eligible for certification by the American Board of Radiology,
the American Osteopathic Association, the Royal College of
Radiologists or the Royal College of Physicians and Surgeons of
Canada.
(22) 'Student' means an individual enrolled in:
(a) An approved school; or
(b) A limited X-ray machine operator course of study. + }
{ - (15) - } { + (23) + } 'Supervision' means the act of
monitoring { + and reviewing + } the performance of
{ - diagnostic X-ray technology - } { + medical imaging
licensees or limited X-ray machine operators + } through
{ - periodic inspection - } { + regular inspections of work
produced + }, regardless of whether { - or not - } the
supervising { - licensed practitioner - } { + individual + }
is continuously physically present during the { - performance
of such diagnostic X-ray technology - } { + use of medical
imaging equipment or X-ray equipment + }.
SECTION 2. ORS 688.415 is amended to read:
688.415. (1) { - No person shall - } { + A person may
not + }:
(a) Practice { - radiologic technology - } { + any of the
medical imaging modalities, use X-ray equipment or purport to be
a medical imaging licensee or a limited X-ray machine
operator + } if the person is not licensed in accordance with the
provisions of ORS { - 688.405 to 688.605 - } { + 688.455 + }
or is not the holder of a { + limited X-ray machine operator + }
permit issued under ORS 688.515;
(b) Practice { - radiologic technology - } { + any medical
imaging modality or as a limited X-ray machine operator + } under
a false or assumed name;
(c) Knowingly employ any person for the purpose of practicing
{ - radiologic technology - } { + any medical imaging
modality or as a limited X-ray machine operator + } if that
person is not licensed or does not hold a valid permit in
accordance with the provisions of ORS 688.405 to 688.605;
(d) Obtain or attempt to obtain a license or permit or a
renewal of a license or permit by bribery or fraudulent
representation; or
(e) 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 - }
{ + After January 1, 2010, a person may not + } practice
{ - radiologic technology - } { + a medical imaging
modality + } or purport to be a { - radiologic technologist - }
{ + a medical imaging licensee + } 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 - } { + Medical Imaging.
(3) After January 1, 2014, the Board of Medical Imaging may not
issue a license to a person unless the person has been awarded a
credential by a credentialing organization in a medical imaging
modality recognized by the board + }.
SECTION 3. ORS 688.425 is amended to read:
688.425. (1) A person licensed { + in one of the medical
imaging modalities + } in accordance with the provisions of ORS
688.405 to 688.605 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.' - } { + identifying titles and initials of the
person's credentialing organization. + }
{ - (2) No person shall use these titles or any abbreviation
of these titles or any title which is substantially the same as
these titles unless the person is authorized under subsection (1)
of this section. - }
{ + (2) A person who holds a permit as a limited X-ray
machine operator issued under ORS 688.515 may use the title of
'Limited X-ray Machine Operator' or the letters 'LXMO. '
(3) A person may not use credential titles, abbreviations of
credential titles or initials resembling credential titles unless
the person is authorized 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 technology
as defined in ORS 688.405 while practicing radiologic technology
under the supervision of an instructor who is either a
radiologist or a licensed radiologic technologist. - }
{ - (3) - } { + (2) + } { - A licensed practitioner or
students in approved schools leading to licensure as a
practitioner of one of the healing arts - } { + Students in
approved schools, + } while practicing
{ - radiologic technology - } { + one of the medical imaging
modalities or subspecialties + } under the supervision of
{ - an - } { + the school's assigned clinical + } instructor
{ - who is either a licensed practitioner or a licensed
radiologic technologist - } .
{ + (3) Specific licensed health care providers, other than
physicians, who use sonographic equipment within their lawful
scope of practice.
(4) Licensed physicians. + }
SECTION 5. ORS 688.445 is amended to read:
688.445. (1) The Board of { - Radiologic Technology - }
{ + Medical Imaging + } shall issue { + :
(a) + } A license to practice { - as a radiologic
technologist - } { + a specified medical imaging modality + }
in the State of Oregon to each person who meets the
qualifications for { - licensure - } { + a license + } as
provided in ORS { - 688.405 to 688.605. Such - } { + 688.455.
The + } license shall { - state - } { + identify + } the
{ - category or categories - } { + modality or
subspecialty + } for which the qualifications have been met
{ - , which include diagnostic radiologic technologist and
radiation therapist - } .
{ + (b)(A) A permit to practice as a limited X-ray machine
operator in the State of Oregon to each person who meets the
qualifications to hold that permit as provided in ORS 688.515.
The permit shall identify the category for which the
qualifications have been met.
(B) The categories are skull and sinuses, spine, chest,
extremities, podiatric and bone densitometry. + }
(2) { + In order to remain active, + } a license { + or
permit + } must be renewed every two years { - on - }
{ + prior to + } the first day { - of the month of the
anniversary date - } of the licensee's { - birthday - } { +
birth month or as otherwise provided by the board by rule + }.
(3) { - Any license - } { + A license or permit + } that is
not renewed as provided in subsection (2) of this section
expires. The board may renew an expired license { + or
permit + } upon payment of a delinquent fee in an amount set by
the board plus the biennial renewal fee.
{ - However, no such - }
{ + (a) A + } late renewal may { + not + } be granted more
than { - five - } { + two + } years after a license { + or
permit + } has expired.
{ + (b) A late renewal may not be granted to any medical
imaging licensee not credentialed by a credentialing
organization. + }
(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 the license or permit of a
person who meets the requirements under ORS 688.455 or 688.515
upon receipt of:
(a) An application accompanied by a fee in an amount
established by the board; and
(b) Supporting evidence of appropriate continuing education as
defined by the board by rule. + }
(5) A license { - which - } { + or permit that + } has been
expired for more than { - five - } { + two + } years may be
reissued only in the manner prescribed for an original
license { + or permit + }.
SECTION 6. ORS 688.455 is amended to read:
688.455. { + (1) + } The Board of { - Radiologic Technology
shall - } { + Medical Imaging shall issue a + }license
{ - any - } { + to a + } person { - who - } { + to
practice a medical imaging modality 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) - } { + (a) + } Is at least 18 years of age;
{ - (2) - } { + (b) + } 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; and - } { + graduated
from an approved school;
(c) Has undergone a background check to the satisfaction of the
board as established in rules adopted by the board;
(d) Has not had a license of any type revoked by this state or
any state, territory of the United States or nation;
(e) Has not had a credential revoked by any credentialing
organization;
(f) Meets the standards of ethical conduct established in the
professional standards of the corresponding credentialing
organization or a medical imaging modality's professional
society; and + }
{ - (3) - } { + (g) + } Meets the requirements for
licensing as described in ORS { - 688.465, 688.475 and - }
688.495.
{ + (2) All applicants for a license are subject to the
examination policies of their respective credentialing
organizations.
(3)(a) The board may consider issuing a new license to a person
whose revoked credential has been reinstated by a credentialing
organization or whose license of any type has been reinstated by
another state.
(b) The board shall consider issuing a new license under this
subsection on a case by case basis and shall adopt rules
governing issuance of a new license. + }
SECTION 7. ORS 688.455, as amended by section 6 of this 2009
Act, is amended to read:
688.455. (1) The Board of Medical Imaging shall issue a license
to a person to practice a medical imaging modality if the person
makes an application in writing and pays a fee in an amount
established by the board and if the person, at the time of
application:
(a) Is at least 18 years of age;
(b) Has graduated from an approved school;
{ + (c) Holds a credential issued by a credentialing
organization in a medical imaging modality recognized by the
board; + }
{ - (c) - } { + (d) + } Has undergone a background check to
the satisfaction of the board as established in rules adopted by
the board;
{ - (d) - } { + (e) + } Has not had a license of any type
revoked by this state or any state, territory of the United
States or nation;
{ - (e) - } { + (f) + } Has not had a credential revoked by
any credentialing organization;
{ - (f) - } { + (g) + } Meets the standards of ethical
conduct established in the professional standards of the
corresponding credentialing organization or a medical imaging
modality's professional society; and
{ - (g) - } { + (h) + } Meets the requirements for
licensing as described in ORS 688.495.
(2) All applicants for a license are subject to the examination
policies of their respective credentialing organizations.
(3)(a) The board may consider issuing a new license to a person
whose revoked credential has been reinstated by a credentialing
organization or whose license of any type has been reinstated by
another state.
(b) The board shall consider issuing a new license under this
subsection on a case by case basis and shall adopt rules
governing issuance of a new license.
SECTION 8. 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. - }
{ - (2) Persons who operate computed tomography equipment
combined with a positrion emission tomography imaging system for
diagnostic purposes shall adhere to rules adopted by the Board of
Radiologic Technology. - } { + Persons who operate hybrid
imaging or radiation therapy equipment incorporating more than
one medical imaging modality shall:
(1) Hold a primary credential in at least one of the modalities
in use.
(2) Be a medical imaging licensee in at least one of the
modalities in use and have a restricted license in all other
modalities incorporated into the hybrid imaging or radiation
therapy equipment in accordance with rules adopted by the Board
of Medical Imaging. + }
SECTION 9. ORS 688.485 is amended to read:
688.485. (1) The Board of { - Radiologic Technology may
conduct one or more - } { + Medical Imaging shall oversee + }
examinations { + given + } each year { - at such times and
places as the board may determine - } { + for a limited X-ray
machine operator permit + }.
(2) { - An - } { + A limited X-ray machine operator
permit + } applicant who fails to pass an examination may take
additional examinations
{ - scheduled - } { + as required + } by the board { + by
rule + }.
{ + (3) + } { - A fee shall be charged for - } { + The
board shall charge a fee for oversight of limited X-ray machine
operator permit + } examinations { - as - } { + in an
amount + } determined by the board { + by rule + }.
{ + (4) All limited X-ray machine operator permit applicants
are subject to the rules of a board-approved testing agency
including, but not limited to, testing schedules and frequency,
fees, application procedures and conduct. + }
SECTION 10. ORS 688.495 is amended to read:
688.495. The Board of { - Radiologic Technology - }
{ + Medical Imaging + } may license as a { - radiologic
technologist - } { + radiographer + }, without examination, any
person who:
(1) Applies for a license as provided in ORS 688.455; and
(2) On the date of making application is a { - radiologic
technologist - } { + radiographer + } 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 { + stringent + } than those required under ORS
688.405 to 688.605 and the applicant 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
for which licensure is sought.
SECTION 11. ORS 688.505 is amended to read:
688.505. { - The Board of Radiologic Technology shall require
each person holding a license or permit under ORS 688.405 to
688.605 to submit, at the time the person submits the biennial
renewal fee, evidence of continuing education in radiologic
technology pursuant to rules of the board. Continuing education
must be pertinent to the subject area of radiologic technology
for which the license or permit was issued. Evidence of current
American Registry of Radiologic Technologists certification may
be used as valid documentation of continuing education required
by this section. - }
{ + (1) At the time a biennial renewal fee is submitted, the
Board of Medical Imaging shall require each licensee and
permittee to submit evidence of continuing education pertinent to
the license or permit.
(2) A holder of a limited X-ray machine operator permit shall
submit evidence of satisfying the number of hours of continuing
education as established by the board by rule.
(3) A holder of a license may submit evidence of a current
credential issued by the credentialing organization if that
organization requires continuing education for renewal of those
credentials.
(4) A holder of a license with a credential from a
credentialing organization that does not require continuing
education for renewal shall submit evidence of continuing
education equal to other medical imaging licensees as required by
rule of the board. + }
SECTION 12. ORS 688.515 is amended to read:
688.515. (1) The Board of { - Radiologic Technology shall - }
{ + Medical Imaging shall + }issue a limited { + X-ray machine
operator + } permit to an applicant to practice { - in a
limited area of radiologic technology if such - } { + under the
supervision of a licensed physician if the + } applicant meets
the requirements { - for a limited 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 and sinuses;
(b) Spine; + }
(c) Chest { - and ribs - } ;
{ + (d) Extremities; + }
{ - (d) Spine; - }
{ - (e) Head; - }
{ - (f) Abdomen; or - }
{ - (g) Foot and ankle for podiatric use. - }
{ + (e) Podiatric; or
(f) 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 { + , radiation therapy
or any of the other medical imaging modalities or subspecialties
other than the categories listed in subsection (1) of this
section or as established by the board by rule + }.
(3) Each applicant for a limited { + X-ray machine
operator + } permit shall:
(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) 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) Have successfully completed a course of instruction
approved by the board and taught by a board-approved, licensed
{ - , registered radiologic technologist - }
{ + radiographer + } 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) 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 - } { + radiographer + };
(g) Have paid the examination fee set by board rule to reflect
the actual cost of the examination; { - and - }
(h) Have successfully passed an { - oral or written - }
examination { - , or both, conducted by or - } approved by the
board in
{ - radiation use and safety - } { + the core module as
defined in rules adopted by the board, + } and in those
categories in which the applicant seeks a limited { + X-ray
machine operator + } permit { - . - } { + ;
(i) Have undergone a background check to the satisfaction of
the board as established in rules adopted by the board;
(j) Not have had any type of license or permit revoked by this
state or any state, territory of the United States or nation; and
(k) Meet the standards of ethical conduct established in the
professional standards of a credentialing organization or a
medical imaging modality's professional society. + }
(4) Upon meeting the requirements of this section, the board
shall issue a limited { + X-ray machine operator + } permit to
the applicant. { - A - } { + The + } 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 permit that is not
renewed as provided in this subsection expires. The board may
renew any expired limited permit upon payment of a delinquent fee
in an amount set by the board plus the biennial renewal fee - }
{ + is subject to the renewal procedures described in ORS
688.445 + }.
(5) Every person issued a limited { + X-ray machine
operator + } permit shall notify the board in writing of the name
of each licensed { - practitioner - } { + physician + }
supervising { - permittee's - } { + the person's + }
performance of diagnostic { - X-ray technology - }
{ + radiography + } and { - shall - } { + may + } only
perform diagnostic { - X-ray technology - }
{ + radiography + } while being supervised by a licensed
{ - practitioner - } { + physician + }. In the event
{ - permittee - } { + the person + } subsequently is
supervised by a licensed { - practitioner - }
{ + physician + } other than the
{ - person - } { + physician + } 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. - }
{ + (6) Limited X-ray machine operators must meet the
standards of ethical conduct equal to those of a licensed
radiographer. + }
SECTION 13. ORS 688.520 is amended to read:
688.520. { + (1) The Board of Medical Imaging may grant
inactive status to a person who holds a license or a limited
X-ray machine operator permit who notifies the board of the
person's:
(a) Intent not to practice a medical imaging modality or
subspecialty or as a limited X-ray machine operator; and
(b) Desire to retain the right to reinstate the license or
permit subject to board rules.
(2) Only medical imaging licensees who hold a credential issued
by a credentialing organization or limited X-ray machine
operators in good standing may retain the right to reinstate an
inactive license.
(3) The board may, in certain disciplinary circumstances, issue
a provisional license or provisional permit that identifies:
(a) The specific provisions of the license and terms of
converting the license from provisional status to active status;
(b) The length of issuance; and
(c) The specific issues that resulted in provisional status.
(4) The board may issue a restricted license for the purpose of
performing hybrid imaging using a modality for which the medical
imaging licensee does not hold either a primary or secondary
credential if:
(a) The person holds a credential in one or more of the medical
imaging modalities or subspecialties; and
(b) Receives appropriate training in the limited aspects of the
other modality as required by the board by rule.
(5) The board may issue an additional license to a person who:
(a) Holds a license issued by the board in one of the primary
medical imaging modalities;
(b) Holds and continues to maintain a primary credential issued
by a credentialing organization recognized by the board in one of
the primary medical imaging modalities; and
(c) Holds and continues to maintain an additional credential
issued by a credentialing organization recognized by the board in
the secondary medical imaging modality for which a license is
sought.
(6)(a) The board may issue a student license to a person
enrolled in an approved school for the purpose of allowing the
person to complete clinical training requirements.
(b) An applicant for a student license must meet all general
licensing requirements as provided in ORS 688.455.
(c) The board shall process student applications and shall
issue student licenses at reduced fees as provided in rules
adopted by the board.
(d) A student license is valid only while the student is
enrolled in an approved school.
(7)(a) The board may issue a temporary license or permit upon
satisfactory application and payment of a registration fee
established by the board by rule.
(b) Medical imaging license applicants, students and graduates
may be issued temporary licenses pertaining to a specific
modality or subspecialty without examination for a limited time
period as determined by the board by rule.
(c) Limited X-ray machine operator permit applicants may be
issued temporary permits for the purpose of completing clinical
education requirements under the supervision of a licensed
physician:
(A) Upon successful completion of the core module examination;
(B) For an initial period of six months; and
(C) For a single six-month renewal period, at the discretion of
the board.
(8) + } The board { - of Radiologic 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 14. ORS 688.525 is amended to read:
688.525. (1) The Board of { - Radiologic Technology - } { +
Medical Imaging + }, after notice of and hearing as required
under the contested case procedures of ORS chapter 183, may
refuse to { + issue a + } license { + or permit to + } any
applicant, may refuse to renew the license { - or permit - }
of any { - radiologic technologist - } { + medical imaging
licensee 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 credentialing organization
or a licensing board in this state or in another state, territory
of the United States or nation 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 technology - } { + a medical imaging modality
or as a limited X-ray machine operator + }.
{ - (c) - } { + (d) + } Has been convicted of any crime
{ - where the crime - } { + that + } bears a demonstrable
relationship to the practice of
{ - radiologic technology - } { + a medical imaging modality
or as a limited X-ray machine operator, or otherwise reflects
adversely on fitness to practice + }.
{ - (d) - } { + (e) + } In the judgment of the board,
{ - is guilty of - } { + has acted with + } gross negligence
in the practice of { - radiologic technology - } { + a
medical imaging modality or as a limited X-ray machine
operator + }.
{ - (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 technologist - } { + medical imaging licensee
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 - } { + licensed
physician + }.
{ - (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 15. ORS 688.545 is amended to read:
688.545. (1)(a) There is created { - in the Department of
Human Services - } a Board of { - Radiologic Technology - }
{ + Medical Imaging + } consisting of { - nine - } { +
12 + } members who shall be appointed by the Governor. Each
member of the board { - shall - } { + must + } 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;
and - }
{ + (A) Four must be licensed physicians who represent
different medical specialties. At least one physician shall be a
radiologist and at least one physician shall be a licensed
medical imaging specialist;
(B) Three persons shall be members of the general public;
and + }
{ - (D) - } { + (C) + } { - At least - } Five shall be
{ - licensed - } practicing
{ - radiologic technologists, one of whom shall be a radiation
therapist. - } { + medical imaging licensees, including one
from each of the medical imaging modalities listed in ORS
688.405. + }
(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 - } { + is + }
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 { + consecutive + } 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 { + voting + } members of the board.
(6) For the purpose of transacting its business, the board
{ - shall - } { + must + } 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 - } { + must + }
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 - } { + A simple majority of + }members of
the board { - shall - } constitute a quorum for the transaction
of business at any meeting. { - Five - } { + A simple
majority of + } affirmative votes { - shall be - } { + are + }
required to take action.
SECTION 16. ORS 688.555 is amended to read:
688.555. (1) The Board of { - Radiologic Technology shall
have the power to adopt such rules as may be - } { + Medical
Imaging shall adopt rules that are + } necessary to carry out the
provisions of ORS 688.405 to 688.605 { + and 688.915 + }.
(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 17. ORS 688.557 is amended to read:
688.557. For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the Board of
{ - Radiologic Technology - } { + Medical Imaging + } may
require the fingerprints of a person who:
(1) Is applying for a license, or renewal of a license, under
ORS 688.415;
(2)(a) Is employed or applying for employment by the board or
provides services or seeks to provide services to the board as a
contractor, vendor or volunteer; and
(b) Is, or will be, working or providing services in a position
in which the person has or will have access to information that
is confidential under state or federal laws, rules or
regulations; or
(3) Is under investigation by the board pursuant to ORS
688.525.
SECTION 18. ORS 688.560 is amended to read:
688.560. The Board of { - Radiologic Technology - }
{ + Medical Imaging + } by rule shall establish and collect
reasonable fees { - for the following services - }
{ + for + }:
(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) { + Application processing, + } licensing and permitting.
{ + (6) Inspections of limited X-ray machine operator
schools. + }
SECTION 19. ORS 688.565 is amended to read:
688.565. { + (1) + } The Board of { - Radiologic Technology
shall - } { + Medical Imaging shall + } approve programs of
continuing education in
{ - radiologic technology - } { + medical imaging modalities
and for limited X-ray machine operators + } to meet the
requirements of ORS 688.505.
{ + (2) The board may seek volunteers from the various
medical imaging modalities to review and assist in the approval
of continuing education credits for their respective medical
imaging modalities.
(3) Continuing education programs for limited X-ray machine
operators shall be reviewed by a radiographer. + }
SECTION 20. ORS 688.585 is amended to read:
688.585. (1) The Board of { - Radiologic Technology - }
{ + Medical Imaging + } 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
Technology shall - } { + Medical Imaging must + }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 21. 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
Technology - } { + Medical Imaging + }, inspections in
furtherance of the purposes of ORS 688.405 to 688.605.
SECTION 22. ORS 688.600 is amended to read:
688.600. (1) Upon { - the complaint of any citizen of this
state - } { + receipt of a complaint + }, or upon its own
motion, the Board of { - Radiologic Technology - }
{ + Medical Imaging + } 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
{ - . - } { + ;
(f) Require a person to undergo a mental, physical, chemical
dependency or competency evaluation at the person's expense when
the board has reasonable grounds to believe that the person is or
may be unable to practice a medical imaging modality with
reasonable skill and safety or may constitute a risk to the
public, with the results being reported to the board. The report
may not be disclosed to the public but may be received into
evidence in a proceeding between the board and the person when
the mental, physical, chemical dependency or competency of the
person is at issue, notwithstanding any claim of privilege by the
person; and + }
{ - (3) - } { + (g) + } { - 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.
{ + (3) For the purpose of disciplinary issues concerning
scope of practice and standards of practice, the board may form
temporary peer review committees in the relevant modality or
subspecialty to advise the board of appropriate action. The
composition, authority and responsibilities of a temporary
committee must be defined in rules adopted by the board. + }
SECTION 23. ORS 688.605 is amended to read:
688.605. (1) { - Any radiologic technologist, - } Any person
{ - licensed - } { + issued a license or permit + } by the
Board of { - Radiologic Technology or any other organization
representing radiologic technologists shall - } { + Medical
Imaging or any employer of a licensee or permittee 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 24. ORS 688.915 is amended to read:
688.915. (1) In addition to any other sanction authorized by
law, the Board of { - Radiologic Technology - } { + Medical
Imaging + } may impose a civil penalty not to exceed $1,000
{ + per occurrence + } 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 Technology - }
{ + Medical Imaging + } Account established under ORS 688.585.
SECTION 25. 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) Oregon Medical Board;
(15) Occupational Therapy Licensing Board;
(16) Physical Therapist Licensing Board;
(17) State Board of Psychologist Examiners;
(18) Board of { - Radiologic Technology - } { + Medical
Imaging + };
(19) Oregon State Veterinary Medical Examining Board; and
(20) Department of Human Services to the extent that the
department certifies emergency medical technicians.
SECTION 26. ORS 31.740 is amended to read:
31.740. Punitive damages { - shall - } { + may + } 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
licensee + } 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 27. 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) Naturopaths licensed under ORS chapter 685 or the laws of
another state;
(h) Nurse practitioners licensed under ORS 678.010 to 678.410
or the laws of another state;
(i) Psychologists licensed under ORS 675.010 to 675.150 or the
laws of another state;
(j) Physicians licensed under ORS chapter 677 or the laws of
another state;
(k) Podiatrists licensed under ORS chapter 677 or the laws of
another state;
(L) { - Radiologic technologists licensed - } { + Medical
imaging licensees + } 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 28. 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) Naturopaths licensed under ORS chapter 685 or the laws of
another state;
(h) Nurse practitioners licensed under ORS 678.010 to 678.410
or the laws of another state;
(i) Psychologists licensed under ORS 675.010 to 675.150 or the
laws of another state;
(j) Physicians licensed under ORS chapter 677 or the laws of
another state;
(k) Podiatrists licensed under ORS chapter 677 or the laws of
another state;
(L) { - Radiologic technologists licensed - } { + Medical
imaging licensees + } 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 29. ORS 192.519 is amended to read:
192.519. As used in ORS 192.518 to 192.529:
(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 192.529; 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 licensed - } { + medical
imaging licensee + } under ORS 688.405 to 688.605 or an employee
of the
{ - radiologic technologist - } { + medical imaging
licensee + };
(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
743A.184; 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 30. ORS 433.443 is amended to read:
433.443. (1)(a) During a public health emergency proclaimed
under ORS 433.441, the Public Health Director may, as necessary
to appropriately respond to the public health emergency:
(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 public health emergency;
(B) After consultation with appropriate medical experts, create
and require the use of diagnostic and treatment protocols to
respond to the public health emergency 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 appropriate to the public health
threat presented;
(D) Upon approval of the Governor, take other actions necessary
to address the public health emergency and provide notice of
those actions to health care providers, institutions and
facilities, including public health actions authorized by ORS
431.264;
(E) Take any enforcement action authorized by ORS 431.262,
including the imposition of 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 Public Health Director
under subparagraphs (A), (B) and (D) of this paragraph; and
(F) The authority granted to the Public Health Director under
this section:
(i) Supersedes any authority granted to a local public health
authority if the local public health authority acts in a manner
inconsistent with guidelines established or rules adopted by the
director under this section; and
(ii) Does not supersede the general authority granted to a
local public health authority or a local public health
administrator except as authorized by law or necessary to respond
to a public health emergency.
(b) The authority of the Public Health Director to take
administrative action, and the effectiveness of any action taken,
under paragraph (a)(A), (B), (D), (E) and (F) of this subsection
terminates upon the expiration of the proclaimed state of public
health emergency, 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 Public
Health Director 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 public health emergency,
the Public Health Director 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 public
health emergency;
(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, or for
any other purpose except the purposes listed in paragraph (a) of
this subsection.
(c) Individually identifiable health information obtained by
the Public Health Director 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 for the evaluation or
treatment of a condition that is the subject of a proclamation of
a state of public health emergency issued under ORS 433.441.
(d) Upon expiration of the state of public health emergency,
the Public Health Director or local public health administrators
may not use or disclose any individually identifiable health
information that has been obtained under this section. If a state
of emergency that is related to the state of public health
emergency has been declared under ORS 401.055, the Public Health
Director and local public health administrators may continue to
use any individually identifiable information obtained as
provided under this section until termination of the state of
emergency.
(4) As used in 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 licensed - } { + medical
imaging licensee + } under ORS 688.405 to 688.605 or an employee
of the
{ - radiologic technologist - } { + medical imaging
licensee + };
(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
743A.184; and
(Y) Any other person or entity that furnishes, bills for or is
paid for health care in the normal course of business.
(c) 'Individual' means a natural person.
(d) '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.
(e) 'Legal representative' means attorney at law, person
holding a general power of attorney, guardian, conservator or any
person appointed by a court to manage the personal or financial
affairs of a person, or agency legally responsible for the
welfare or support of a person.
(5) All civil penalties recovered under this section shall be
paid into the State Treasury and credited to the General Fund and
are available for general governmental expenses.
(6) The Public Health Director may request assistance in
enforcing orders issued pursuant to this section from state or
local law enforcement authorities. If so requested by the Public
Health Director, state and local law enforcement authorities, to
the extent resources are available, shall assist in enforcing
orders issued pursuant to this section.
(7) If the Department of Human Services adopts temporary rules
to implement the provisions of this section, the rules adopted
are not subject to the provisions of ORS 183.335 (6)(a). The
department may amend temporary rules adopted pursuant to this
subsection as often as necessary to respond to the public health
emergency.
SECTION 31. 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 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 technologist licensed - } { + medical
imaging licensee + } under ORS 688.405 to 688.605 or an employee
of the
{ - radiologic technologist - } { + medical imaging
licensee + };
(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 32. { + ORS 688.465 and 688.475 are repealed. + }
SECTION 33. { + The amendments to ORS 688.455 by section 7 of
this 2009 Act become operative on January 1, 2014. + }
SECTION 34. { + This 2009 Act takes effect on July 1,
2010. + }
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