75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to B-Eng. HB 2245 (A to RC)
 
LC 736/HB 2245-B9
 
                      SENATE AMENDMENTS TO
                   B-ENGROSSED HOUSE BILL 2245
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 27
 
  On page 6 of the printed B-engrossed bill, line 29, after '
school' insert 'or has otherwise met the examination requirements
and policies of a credentialing organization in a medical imaging
modality recognized by the board'.
  On page 8, line 11, after 'physician' insert ', a licensed
nurse practitioner or a licensed physician assistant'.
  On page 30, after line 25, insert:
  '  { +  SECTION 34. + }  { + If Senate Bill 177 becomes law,
section 30 of this 2009 Act (amending ORS 433.443) is repealed
and ORS 433.443, as amended by section 40, chapter ___, Oregon
Laws 2009 (Enrolled Senate Bill 177), is amended to read: + }
  ' 433.443. (1) 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, regulated social
worker, professional counselor or marriage and family therapist
licensed or otherwise authorized to practice under ORS chapter
675 or an employee of the psychologist, occupational therapist,
regulated 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.
  ' (2)(a) During a public health emergency declared 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.
  ' (3) Civil penalties under subsection (2) 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 (2) of
this section is $500 for each day of violation, regardless of the
number of violations of subsection (2) of this section that
occurred on each day of violation.
  ' (4)(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.
  ' (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 35. + }  { + If House Bill 2009 becomes law and
House Bill 2058 and House Bill 2118 do not become law, section 15
of this 2009 Act (amending ORS 688.545) is repealed and ORS
688.545, as amended by section 1092, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2009), is amended to read: + }
  ' 688.545. (1)(a) There is created   { - in the Oregon Health
Authority - }  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 Oregon Health Authority, 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 36. + }  { + If House Bill 2058 becomes law,
section 15 of this 2009 Act (amending ORS 688.545) is repealed
and ORS 688.545, as amended by section 27, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2058), is amended to read: + }
  ' 688.545. (1) There is created a Board of   { - Radiologic
Technology - }  { +  Medical Imaging + }. The board consists of
 { - nine - }  { +  12 + } members appointed by the Governor and
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565. Each member of the board must be a
resident of this state. Of the members of the board:
  '  { - (a) One must be a radiologist; - }
  '  { - (b) One must be a limited permit holder; - }
  '  { +  (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; + }
  '  { - (c) - }  { +  (b) + } Five must be   { - licensed - }
practicing   { - radiologic technologists, one of whom must be a
radiation therapist - }  { +  medical imaging licensees,
including one from each of the medical imaging modalities listed
in ORS 688.405 + }; and
  '  { - (d) - }  { +  (c) + }   { - Two - }  { +  Three + } must
be members of the public. A public member appointed under this
paragraph may not be:
  ' (A) Otherwise eligible for appointment to the board; or
  ' (B) The spouse, domestic partner, child, parent or sibling of
a   { - radiologist, limited permit holder or radiologic
technologist - }  { +  person issued a license or permit by the
board + }.
  ' (2)(a) Board members required to be   { - limited permit
holders or licensed practicing radiologic technologists - }  { +
medical imaging licensees + } may be selected by the Governor
from a list of three to five nominees for each vacancy, submitted
by  { - : - }
  '  { - (A) - }  a professional organization representing
 { - limited permit holders, if the vacancy is in a limited
permit holder position; - }  { +  medical imaging licensees. + }
  '  { - (B) A professional organization representing radiation
therapists, if the vacancy is in the radiation therapist
position; or - }
  '  { - (C) A professional organization representing radiologic
technologists, if the vacancy is in a radiologic technologist or
radiation therapist position. - }
  ' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
  ' (A) Geographic areas of this state; and
  ' (B) Ethnic group.
  ' (3) 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 is not entitled to vote.
  ' (4)(a) The term of office of the members of the board is
three years, but a member serves at the pleasure of the Governor.
The terms must be staggered so that no more than   { - three - }
 { +  four + } terms end each year. A member is eligible for
reappointment.
  ' (b) A board member shall be removed immediately from the
board if, during the member's term, the member:
  ' (A) Is not a resident of this state;
  ' (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused;
  ' (C) Is not a   { - limited permit holder - }  { +  licensed
physician + } or a retired   { - limited permit holder - }  { +
licensed physician + } who was a
  { - limited permit holder - }  { +  licensed physician + } in
good standing at the time of retirement, if the board member was
appointed to serve on the board as a   { - limited permit
holder; - }  { +  licensed physician; or + }
  ' (D) Is not a   { - licensed practicing radiologic
technologist - }  { +  medical imaging licensee + } or a retired
 { - radiologic technologist - }  { +  medical imaging
licensee + } who was a   { - licensed radiologic technologist - }
 { +  medical imaging licensee + } in good standing at the time
of retirement, if the board member was appointed to serve on the
board as a   { - radiologic technologist; or - }  { +  medical
imaging licensee. + }
  '  { - (E) Is not a licensed practicing radiation therapist or
a retired radiation therapist who was a licensed radiation
therapist in good standing at the time of retirement, if the
board member was appointed to serve on the board as a radiation
therapist. - }
  ' (5) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
  ' (6) The board shall annually elect a board chairperson and a
vice chairperson from the { +  voting + } members of the board.
  ' (7) 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.
  ' (8)   { - Five - }  { +  Seven + } members of the board
constitute a quorum for the transaction of business at any
meeting.   { - Five - }  { +  Seven + } affirmative votes are
required to take action.
  '  { +  SECTION 37. + }  { + If House Bill 2118 becomes law and
House Bill 2009 and House Bill 2058 do not become law, section 15
of this 2009 Act (amending ORS 688.545) is repealed and ORS
688.545, as amended by section 69, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2118), is amended to read: + }
  ' 688.545. (1) There is created a Board of   { - Radiologic
Technology - }  { +  Medical Imaging + }. The board consists of
 { - nine - }  { +  12 + } members appointed by the Governor and
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565. Each member of the board must be a
resident of this state. Of the members of the board:
  '  { - (a) One must be a radiologist; - }
  '  { - (b) At least one must be a limited permit holder; - }
  '  { +  (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; + }
  '  { - (c) - }  { +  (b) + }   { - At least - }  Five must be
 { - licensed - }  practicing
  { - radiologic technologists, one of whom must be a radiation
therapist - }  { +  medical imaging licensees, including one from
each of the medical imaging modalities listed in ORS 688.405 + };
and
  '  { - (d) - }  { +  (c) + }   { - At least one - }  { +
Three + } must be   { - a member - }  { +  members + } of the
public. A public member appointed under this paragraph may not
be:
  ' (A) Otherwise eligible for appointment to the board; or
  ' (B) The spouse, domestic partner, child, parent or sibling of
a   { - radiologist, limited permit holder or radiologic
technologist - }  { +  person issued a license or permit by the
board + }.
  ' (2)(a) Board members required to be   { - limited permit
holders or licensed practicing radiologic technologists - }  { +
medical imaging licensees + } may be selected by the Governor
from a list of three to five nominees for each vacancy, submitted
by  { - : - }
  '  { - (A) - }  a professional organization representing
 { - limited permit holders, if the vacancy is in a limited
permit holder position; - }  { +  medical imaging licensees. + }
  '  { - (B) A professional organization representing radiation
therapists, if the vacancy is in the radiation therapist
position; or - }
  '  { - (C) A professional organization representing radiologic
technologists, if the vacancy is in a radiologic technologist or
radiation therapist position. - }
  ' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
  ' (A) Geographic areas of this state; and
  ' (B) Ethnic group.
  ' (3) 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 is not entitled to vote.
  ' (4) The term of office of the members of the board is three
years, but a member serves at the pleasure of the Governor. A
member may be reappointed to serve not more than two full terms.
  ' (5) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495.
  ' (6) The board shall annually elect a board chairperson and a
vice chairperson from the { +  voting + } members of the board.
  ' (7) 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.
  ' (8)   { - Five - }  { +  Seven + } members of the board
constitute a quorum for the transaction of business at any
meeting.   { - Five - }  { +  Seven + } affirmative votes are
required to take action.
  '  { +  SECTION 38. + }  { + If House Bill 2009, House Bill
2058 and House Bill 2129 become law, sections 15 and 36 of this
2009 Act (amending ORS 688.545) are repealed and ORS 688.545, as
amended by section 27, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2058), and section 42, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2129), is amended to read: + }
  ' 688.545. (1) There is created a Board of   { - Radiologic
Technology - }  { +  Medical Imaging + }. The board consists of
 { - nine - }  { +  12 + } members appointed by the Governor and
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565. Each member of the board must be a
resident of this state. Of the members of the board:
  '  { - (a) One must be a radiologist; - }
  '  { - (b) One must be a limited permit holder; - }
  '  { +  (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; + }
  '  { - (c) - }  { +  (b) + } Five must be   { - licensed - }
practicing   { - radiologic technologists, one of whom must be a
radiation therapist - }  { +  medical imaging licensees,
including one from each of the medical imaging modalities listed
in ORS 688.405 + }; and
  '  { - (d) - }  { +  (c) + }   { - Two - }  { +  Three + } must
be members of the public. A public member appointed under this
paragraph may not be:
  ' (A) Otherwise eligible for appointment to the board; or
  ' (B) The spouse, domestic partner, child, parent or sibling of
a   { - radiologist, limited permit holder or radiologic
technologist - }  { +  person issued a license or permit by the
board + }.
  ' (2)(a) Board members required to be   { - limited permit
holders or licensed practicing radiologic technologists - }  { +
medical imaging licensees + } may be selected by the Governor
from a list of three to five nominees for each vacancy, submitted
by  { - : - }
  '  { - (A) - }  a professional organization representing
 { - limited permit holders, if the vacancy is in a limited
permit holder position; - }  { +  medical imaging licensees. + }
  '  { - (B) A professional organization representing radiation
therapists, if the vacancy is in the radiation therapist
position; or - }
  '  { - (C) A professional organization representing radiologic
technologists, if the vacancy is in a radiologic technologist or
radiation therapist position. - }
  ' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
  ' (A) Geographic areas of this state; and
  ' (B) Ethnic group.
  ' (3) The section manager of the Radiation Protection Services
Section of the Oregon Health Authority, or a person appointed by
the section manager,   { - shall be - }  { +  is + } an advisory
member of the board for the purpose of providing counsel and is
not entitled to vote.
  ' (4)(a) The term of office of the members of the board is
three years, but a member serves at the pleasure of the Governor.
The terms must be staggered so that no more than   { - three - }
 { +  four + } terms end each year. A member is eligible for
reappointment.
  ' (b) A board member shall be removed immediately from the
board if, during the member's term, the member:
  ' (A) Is not a resident of this state;
  ' (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused;
  ' (C) Is not a   { - limited permit holder - }  { +  licensed
physician + } or a retired   { - limited permit holder - }  { +
licensed physician + } who was a
  { - limited permit holder - }  { +  licensed physician + } in
good standing at the time of retirement, if the board member was
 
appointed to serve on the board as a   { - limited permit
holder; - }  { +  licensed physician; or + }
  ' (D) Is not a   { - licensed practicing radiologic
technologist - }  { +  medical imaging licensee + } or a retired
 { - radiologic technologist - }  { +  medical imaging
licensee + } who was a   { - licensed radiologic technologist - }
 { +  medical imaging licensee + } in good standing at the time
of retirement, if the board member was appointed to serve on the
board as a   { - radiologic technologist; or - }  { +  medical
imaging licensee. + }
  '  { - (E) Is not a licensed practicing radiation therapist or
a retired radiation therapist who was a licensed radiation
therapist in good standing at the time of retirement, if the
board member was appointed to serve on the board as a radiation
therapist. - }
  ' (5) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
  ' (6) The board shall annually elect a board chairperson and a
vice chairperson from the { +  voting + } members of the board.
  ' (7) 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.
  ' (8)   { - Five - }  { +  Seven + } members of the board
constitute a quorum for the transaction of business at any
meeting.   { - Five - }  { +  Seven + } affirmative votes are
required to take action.
  '  { +  SECTION 39. + } If House Bill 2009 and House Bill 2058
become law and House Bill 2118 and House Bill 2129 do not become
law, ORS 688.545, as amended by section 1092, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2009), is amended to read:
  ' 688.545. (1)  { - (a) - }  There is created   { - in the
Oregon Health Authority - }  a Board of   { - Radiologic
Technology consisting of nine members who shall be appointed by
the Governor. - }  { +  Medical Imaging.  The board consists of
12 members appointed by the Governor and subject to confirmation
by the Senate in the manner provided in ORS 171.562 and
171.565. + } Each member of the board   { - shall be a citizen of
the United States and a resident of the State of Oregon. Each
appointed member is entitled to vote - }  { +  must be a resident
of this state + }.
  '  { - (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 - }
  '  { - (D) At least five shall be licensed practicing
radiologic technologists, one of whom shall be a radiation
therapist. - }
  '  { +  (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) Five must be practicing medical imaging licensees,
including one from each of the medical imaging modalities listed
in ORS 688.405; and
  ' (c) Three must be members of the public. A public member
appointed under this paragraph may not be:
  ' (A) Otherwise eligible for appointment to the board; or
  ' (B) The spouse, domestic partner, child, parent or sibling of
a person issued a license or permit by the board.
  ' (2)(a) Board members required to be medical imaging licensees
may be selected by the Governor from a list of three to five
nominees for each vacancy, submitted by a professional
organization representing medical imaging licensees.
  ' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
  ' (A) Geographic areas of this state; and
  ' (B) Ethnic group. + }
  '  { - (2) - }  { +  (3) + } The section manager of the
Radiation Protection Services Section of the Oregon Health
Authority, 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) - }  { +  (4)(a) + } The term of office of the
members of the board
  { - shall be - }  { +  is + } three years   { - and a member
may be reappointed to serve not more than two full terms. - }
 { + , but a member serves at the pleasure of the Governor. The
terms must be staggered so that no more than four terms end each
year. A member is eligible for reappointment.
  ' (b) A board member shall be removed immediately from the
board if, during the member's term, the member:
  ' (A) Is not a resident of this state;
  ' (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused;
  ' (C) Is not a licensed physician or a retired licensed
physician who was a licensed physician in good standing at the
time of retirement, if the board member was appointed to serve on
the board as a licensed physician; or
  ' (D) Is not a medical imaging licensee or a retired medical
imaging licensee who was a medical imaging licensee in good
standing at the time of retirement, if the board member was
appointed to serve on the board as a medical imaging
licensee. + }
  '  { - (4) - }  { +  (5) + } Members of the board   { - shall
be - }  { +  are + } entitled to compensation and expenses as
provided in ORS 292.495.  { + The board may provide by rule for
compensation to board members for the performance of official
duties at a rate that is greater than the rate provided in ORS
292.495. + }
  '  { - (5) - }  { +  (6) + } The board shall annually elect a
board chairperson and a vice chairperson from the { +  voting + }
members of the board.
  '  { - (6) - }  { +  (7) + } 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) - }  { +  (8) + }   { - Five - }  { +  Seven + }
members of the board   { - shall - } constitute a quorum for the
transaction of business at any meeting.   { - Five - }  { +
Seven + } affirmative votes   { - shall be - }  { +  are + }
required to take action.
  '  { +  SECTION 40. + } If House Bill 2009 and House Bill 2058
become law and House Bill 2129 does not become law, ORS 688.545,
as amended by section 27, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2058), and section 36 of this 2009 Act, is amended to
read:
  ' 688.545. (1) There is created a Board of Medical Imaging.
The board consists of 12 members appointed by the Governor and
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565. Each member of the board must be a
resident of this state. Of the members of the board:
  ' (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) Five must be practicing medical imaging licensees,
including one from each of the medical imaging modalities listed
in ORS 688.405; and
  ' (c) Three must be members of the public. A public member
appointed under this paragraph may not be:
  ' (A) Otherwise eligible for appointment to the board; or
  ' (B) The spouse, domestic partner, child, parent or sibling of
a person issued a license or permit by the board.
  ' (2)(a) Board members required to be medical imaging licensees
may be selected by the Governor from a list of three to five
nominees for each vacancy, submitted by a professional
organization representing medical imaging licensees.
  ' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
  ' (A) Geographic areas of this state; and
  ' (B) Ethnic group.
  ' (3) The section manager of the Radiation Protection Services
Section of the   { - Department of Human Services - }  { +
Oregon Health Authority + }, or a person appointed by the section
manager, is an advisory member of the board for the purpose of
providing counsel and is not entitled to vote.
  ' (4)(a) The term of office of the members of the board is
three years, but a member serves at the pleasure of the Governor.
The terms must be staggered so that no more than four terms end
each year. A member is eligible for reappointment.
  ' (b) A board member shall be removed immediately from the
board if, during the member's term, the member:
  ' (A) Is not a resident of this state;
  ' (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused;
  ' (C) Is not a licensed physician or a retired licensed
physician who was a licensed physician in good standing at the
time of retirement, if the board member was appointed to serve on
the board as a licensed physician; or
  ' (D) Is not a medical imaging licensee or a retired medical
imaging licensee who was a medical imaging licensee in good
standing at the time of retirement, if the board member was
appointed to serve on the board as a medical imaging licensee.
  ' (5) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
  ' (6) The board shall annually elect a board chairperson and a
vice chairperson from the voting members of the board.
  ' (7) For the purpose of transacting its business, the board
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 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.
  ' (8) Seven members of the board constitute a quorum for the
transaction of business at any meeting. Seven affirmative votes
are required to take action.
 
  '  { +  SECTION 41. + } If House Bill 2009 and House Bill 2118
become law and House Bill 2058 does not become law, ORS 688.545,
as amended by section 1092, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), and section 101, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2118), is amended to read:
  ' 688.545. (1) There is created a Board of   { - Radiologic
Technology - }  { +  Medical Imaging + }. The board consists of
 { - nine - }  { +  12 + } members appointed by the Governor and
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565. Each member of the board must be a
resident of this state. Of the members of the board:
  '  { - (a) One must be a radiologist; - }
  '  { - (b) At least one must be a limited permit holder; - }
  '  { +  (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; + }
  '  { - (c) - }  { +  (b) + }   { - At least - }  Five must be
 { - licensed - }  practicing
  { - radiologic technologists, one of whom must be a radiation
therapist - }  { +  medical imaging licensees, including one from
each of the medical imaging modalities listed in ORS 688.405 + };
and
  '  { - (d) - }  { +  (c) + }   { - At least one - }  { +
Three + } must be   { - a member - }  { +  members + } of the
public. A public member appointed under this paragraph may not
be:
  ' (A) Otherwise eligible for appointment to the board; or
  ' (B) The spouse, domestic partner, child, parent or sibling of
a   { - radiologist, limited permit holder or radiologic
technologist - }  { +  person issued a license or permit by the
board + }.
  ' (2)(a) Board members required to be   { - limited permit
holders or licensed practicing radiologic technologists - }  { +
medical imaging licensees + } may be selected by the Governor
from a list of three to five nominees for each vacancy, submitted
by  { - : - }
  '  { - (A) - }  a professional organization representing
 { - limited permit holders, if the vacancy is in a limited
permit holder position; - }  { +  medical imaging licensees. + }
  '  { - (B) A professional organization representing radiation
therapists, if the vacancy is in the radiation therapist
position; or - }
  '  { - (C) A professional organization representing radiologic
technologists, if the vacancy is in a radiologic technologist or
radiation therapist position. - }
  ' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
  ' (A) Geographic areas of this state; and
  ' (B) Ethnic group.
  ' (3) The section manager of the Radiation Protection Services
Section of the Oregon Health Authority, or a person appointed by
the section manager,   { - shall be - }  { +  is + } an advisory
member of the board for the purpose of providing counsel and is
not entitled to vote.
  ' (4) The term of office of the members of the board is three
years, but a member serves at the pleasure of the Governor. A
member may be reappointed to serve not more than two full terms.
  ' (5) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495.
  ' (6) The board shall annually elect a board chairperson and a
vice chairperson from the { +  voting + } members of the board.
  ' (7) 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.
  ' (8)   { - Five - }  { +  Seven + } members of the board
constitute a quorum for the transaction of business at any
meeting.   { - Five - }  { +  Seven + } affirmative votes are
required to take action.
  '  { +  SECTION 42. + } If House Bill 2009, House Bill 2058 and
House Bill 2118 become law and House Bill 2129 does not become
law, ORS 688.545, as amended by section 1092, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2009), is amended to read:
  ' 688.545. (1)  { - (a) - }  There is created   { - in the
Oregon Health Authority - }  a Board of   { - Radiologic
Technology consisting of nine members who shall be appointed by
the Governor. - }  { +  Medical Imaging.  The board consists of
12 members appointed by the Governor and subject to confirmation
by the Senate in the manner provided in ORS 171.562 and
171.565. + } Each member of the board   { - shall be a citizen of
the United States and a resident of the State of Oregon. Each
appointed member is entitled to vote - }  { +  must be a resident
of this state + }.
  '  { - (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 - }
  '  { - (D) At least five shall be licensed practicing
radiologic technologists, one of whom shall be a radiation
therapist. - }
  '  { +  (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) Five must be practicing medical imaging licensees,
including one from each of the medical imaging modalities listed
in ORS 688.405; and
  ' (c) Three must be members of the public. A public member
appointed under this paragraph may not be:
  ' (A) Otherwise eligible for appointment to the board; or
  ' (B) The spouse, domestic partner, child, parent or sibling of
a person issued a license or permit by the board.
  ' (2)(a) Board members required to be medical imaging licensees
may be selected by the Governor from a list of three to five
nominees for each vacancy, submitted by a professional
organization representing medical imaging licensees.
  ' (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
  ' (A) Geographic areas of this state; and
  ' (B) Ethnic group. + }
  '  { - (2) - }  { +  (3) + } The section manager of the
Radiation Protection Services Section of the Oregon Health
Authority, 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) - }  { +  (4)(a) + } The term of office of the
members of the board
  { - shall be - }  { +  is + } three years   { - and a member
may be reappointed to serve not more than two full terms. - }
 { + , but a member serves at the pleasure of the Governor. The
terms must be staggered so that no more than four terms end each
year. A member is eligible for reappointment.
  ' (b) A board member shall be removed immediately from the
board if, during the member's term, the member:
  ' (A) Is not a resident of this state;
  ' (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused;
  ' (C) Is not a licensed physician or a retired licensed
physician who was a licensed physician in good standing at the
time of retirement, if the board member was appointed to serve on
the board as a licensed physician; or
  ' (D) Is not a medical imaging licensee or a retired medical
imaging licensee who was a medical imaging licensee in good
standing at the time of retirement, if the board member was
appointed to serve on the board as a medical imaging
licensee. + }
  '  { - (4) - }  { +  (5) + } Members of the board   { - shall
be - }  { +  are + } entitled to compensation and expenses as
provided in ORS 292.495.  { + The board may provide by rule for
compensation to board members for the performance of official
duties at a rate that is greater than the rate provided in ORS
292.495. + }
  '  { - (5) - }  { +  (6) + } The board shall annually elect a
board chairperson and a vice chairperson from the { +  voting + }
members of the board.
  '  { - (6) - }  { +  (7) + } 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) - }  { +  (8) + }   { - Five - }  { +  Seven + }
members of the board   { - shall - } constitute a quorum for the
transaction of business at any meeting.   { - Five - }  { +
Seven + } affirmative votes   { - shall be - }  { +  are + }
required to take action.
  '  { +  SECTION 43. + }  { + If House Bill 2059 becomes law,
section 23 of this 2009 Act (amending ORS 688.605) is repealed
and ORS 688.605, as amended by section 21, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2059), is amended to read: + }
  ' 688.605. (1)(a) Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, any   { - radiologic technologist, or any person
licensed by the Board of Radiologic Technology, - }  { +  person
issued a license or permit by the Board of Medical Imaging or any
employer of a licensee or permittee + } shall report to the board
any suspected violation of ORS 688.405 to 688.605 or any rule
adopted by the board.
  ' (b) Unless state or federal laws relating to confidentiality
or the protection of health information prohibit disclosure,
 { - a radiologic technologist or - }  any person
 { - licensed - }  { +  issued a license or permit + } by the
board who has reasonable cause to believe that a licensee of
another board has engaged in prohibited conduct as defined in
section 1 { + , chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2059), + }   { - of this 2009 Act - }  shall report the
prohibited conduct in the manner provided in section 1 { + ,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2059) + }
 { - of this 2009 Act - } .
  ' (c) Unless state or federal laws relating to confidentiality
or the protection of health information prohibit disclosure, any
organization representing   { - radiologic technologists - }
 { +  persons issued a license or permit by the board + } shall
report to the board any suspected violation of ORS 688.405 to
688.605 or any rule adopted by the board pursuant to ORS 688.405
to 688.605.
 
  ' (d) Any person may report to the board any suspected
violation of ORS 688.405 to 688.605 or any rules adopted by the
board 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.'.
  In line 26, delete '34' and insert '44'.
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