76th OREGON LEGISLATIVE ASSEMBLY--2012 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 164
House Bill 4008
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Health Care
for the Oregon Board of Medical Imaging)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies requirements for licensure by Board of Medical
Imaging.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to medical imaging; creating new provisions; amending
ORS 688.415, 688.455 and 688.520; repealing section 33, chapter
833, Oregon Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 33, chapter 833, Oregon Laws 2009, is
repealed. + }
SECTION 2. ORS 688.455, as amended by section 7, chapter 833,
Oregon Laws 2009, 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 or has
otherwise met the examination requirements and policies of a
credentialing organization in a medical imaging modality
recognized by the board; - }
{ - (c) Holds a credential issued by a credentialing
organization in a medical imaging modality recognized by the
board; - }
{ + (b) Satisfies one of the following requirements:
(A) Has graduated from an approved school;
(B) No later than December 31, 2010, passed the examination of
the American Registry of Radiologic Technologists after being
sponsored for the examination by the State of Oregon;
(C) Was initially licensed by the Board of Radiologic
Technology before 1980 and held an active license from the Board
of Medical Imaging on July 1, 2010; or
(D) Meets the requirements for licensing under ORS 688.495; + }
{ - (d) - } { + (c) + } Has undergone a background check to
the satisfaction of the board as established in rules adopted by
the board;
{ - (e) - } { + (d) + } Has not had a license of any type
revoked by this state or any state, territory of the United
States or nation;
{ - (f) - } { + (e) + } Has not had a credential revoked by
any credentialing organization; { + and + }
{ - (g) - } { + (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 - } { + . + }
{ - (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 3. ORS 688.455, as amended by section 7, chapter 833,
Oregon Laws 2009, and section 2 of this 2012 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) Satisfies one of the following requirements:
{ - (A) Has graduated from an approved school; - }
{ + (A) Holds a credential issued by a credentialing
organization in a medical imaging modality recognized by the
board; + }
(B) No later than December 31, 2010, passed the examination of
the American Registry of Radiologic Technologists after being
sponsored for the examination by the State of Oregon;
(C) Was initially licensed by the Board of Radiologic
Technology before 1980 and held an active license from the Board
of Medical Imaging on July 1, 2010; or
(D) Meets the requirements for licensing under ORS 688.495;
{ + + } (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; and
(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.
(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 4. ORS 688.415 is amended to read:
688.415. (1) A person may not:
(a) Practice 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 688.455 or is not the
holder of a limited X-ray machine operator permit issued under
ORS 688.515;
(b) Practice 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
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, 2010, - } A person may not practice
a medical imaging modality or purport to be 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 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 5. 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 - } { + the
requirements of + } ORS 688.455 { + (1)(a) and (c) to (f) + }.
(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 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 6. { + Notwithstanding ORS 688.455, the Board of
Medical Imaging may issue a license to a person to practice
diagnostic medical sonography, magnetic resonance imaging or
nuclear medicine technology, or renew a license issued under this
section, 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 the application:
(1) Practices diagnostic medical sonography, magnetic resonance
imaging or nuclear medicine technology; and
(2) Satisfies the requirements of ORS 688.455 (1)(a) and (c) to
(f). + }
SECTION 7. { + The amendments to ORS 688.455 by section 3 of
this 2012 Act become operative on January 1, 2014. + }
SECTION 8. { + Section 6 of this 2012 Act applies to:
(1) Applications for new licenses submitted on or after July 1,
2010, and on or before June 30, 2011.
(2) Applications for renewal of a license issued under section
6 of this 2012 Act submitted on or after July 1, 2010. + }
SECTION 9. { + Section 6 of this 2012 Act is repealed on
January 1, 2014. + }
SECTION 10. { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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