Chapter 688 — Therapeutic
and Technical Services: Physical Therapists; Medica l Imaging Practitioners and
Limited X-Ray Machine Operators; Hemodialysis Technicians; Athletic Trainers; Respiratory
Therapists and Polysomnographic Technologists
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0001; 2012
Session Laws 0043
2011 EDITION
THERAPEUTIC AND TECHNICAL SERVICES
OCCUPATIONS AND PROFESSIONS
PHYSICAL THERAPISTS
(Generally)
688.010 Definitions
for ORS 688.010 to 688.201
688.015 Findings
and purpose
688.020 License
required to practice physical therapy or use designation
688.030 Application
of ORS 688.010 to 688.201
688.035 Short
title
(Licensing)
688.040 Licensing
procedure
688.050 Qualifications
of physical therapist; examination; rules
688.055 Qualifications
of physical therapist assistant; examination
688.080 Reciprocity;
fee
688.090 License;
certificate
688.100 Renewals;
rules; fee; lapse
688.110 Temporary
permit; fee
688.120 Fraudulent
representations prohibited
688.125 Notice
to patient of interest in physical therapy practice
688.132 Duty
to refer person; exceptions; when personal injury protection benefits available
688.135 Duties
and responsibilities of physical therapist
688.140 Grounds
for discipline; sanctions; civil penalties
688.145 Discipline
procedure; review of orders; confidential information
(State Board)
688.160 Physical
Therapist Licensing Board; qualifications; terms; vacancies; duties; rules; fees;
meetings; executive director
688.201 Disposition
of receipts
(Enforcement)
688.230 Report
of suspected violation; confidentiality of report; liability of person
reporting
MEDICAL IMAGING PRACTITIONERS AND
LIMITED X-RAY MACHINE OPERATORS
(Generally)
688.405 Definitions
for ORS 688.405 to 688.605
688.415 License
or permit requirement; prohibited acts
688.425 Licensed
persons may use title
688.435 Application
of ORS 688.405 to 688.605
(Licensing)
688.445 Licensing
and renewal procedure; modalities; fees
688.455 License
fee; general qualifications
688.480 Qualifications
of operators of certain equipment
688.485 Examinations;
fees
688.495 Licensing
of radiographer without examination
688.505 Evidence
of continuing education on renewal
688.515 Limited
X-ray machine operator permit; fees; qualifications; rules
688.520 Inactive
licenses and permits; licenses and permits for periods other than 24 months
688.525 Grounds
for discipline; investigation of complaints; confidential information
(State Board)
688.545 Board
of Medical Imaging; qualifications; advisory member; term; compensation and
expenses; officers; meetings; quorum; rules
688.555 Rulemaking;
executive director
688.557 Authority
of board to require fingerprints
688.560 Fees;
rules
688.565 Continuing
education
688.585 Board
of Medical Imaging Account
(Enforcement)
688.595 Enforcement
and inspections
688.600 Investigation
of alleged violations; power of board; subpoenas; peer review committees
688.605 Duty
to report violation; confidentiality; procedure on claims of violation
HEMODIALYSIS TECHNICIANS
688.625 Definitions
for ORS 688.625 to 688.665
688.630 Certification
requirement
688.635 Scope
of practice of hemodialysis technician; rules
688.640 Application
for certificate; rules
688.645 Fees
688.650 Qualifications
for certification; temporary or provisional certificates; continuing education;
certificate expiration; rules
688.655 Grounds
for denying, suspending or revoking certificate; investigation; duty to report;
confidential information; liability of person who reports
688.660 Grounds
for discipline of certificate holder; civil penalty; assessment of disciplinary
proceeding cost
688.665 Rules
ATHLETIC TRAINERS
688.701 Definitions
for ORS 688.701 to 688.734
688.705 Board
of Athletic Trainers; appointment; membership; terms
688.707 Officers;
quorum; meetings
688.709 Board
duties; rules
688.715 Authority
of Oregon Health Licensing Agency; rules; fees; investigations
688.718 Registration
required; exceptions
688.720 Requirements
for registration
688.724 Registration
renewal; late renewal; reactivation; reinstatement; rules
688.728 Fees;
rules; disposition of receipts
688.730 Use
of title
688.734 Disciplinary
authority of Oregon Health Licensing Agency
RESPIRATORY THERAPISTS AND
POLYSOMNOGRAPHIC TECHNOLOGISTS
688.800 Definitions
for ORS 688.800 to 688.840
688.802 License
required to practice respiratory care
688.803 License
required to practice polysomnography
688.805 Exceptions
to license requirements; practice requirements
688.807 Exemptions
for practice of polysomnography and respiratory care by licensed individuals
688.810 Use
of titles
688.815 License
to practice respiratory care; examination; license by endorsement or
reciprocity; renewal; reactivation; reinstatement; rules
688.819 Polysomnographic
technologist license; license by endorsement; renewal; reactivation;
reinstatement; temporary permit; rules
688.820 Respiratory
Therapist and Polysomnographic Technologist Licensing Board; qualification of
members; terms; compensation
688.825 Selection
of board chairperson; quorum; meetings
688.830 Duties
of Oregon Health Licensing Agency and of board; rules
688.834 Fees;
rules; disposition of receipts
688.836 Disciplinary
authority of Oregon Health Licensing Agency
688.838 Duty
to report prohibited conduct
688.840 Immunity
from civil liability
PENALTIES
688.915 Civil
penalty for violation of ORS 688.405 to 688.605 or rules
688.990 Criminal
penalties
688.995 Criminal
penalty for violation of ORS 688.800 to 688.840
688.997 Criminal
penalty for violation of ORS 688.718
PHYSICAL THERAPISTS
(Generally)
688.010 Definitions for ORS 688.010 to
688.201. As used in ORS 688.010 to 688.201,
unless the context requires otherwise:
(1)
“Board” means the Physical Therapist Licensing Board.
(2)
“Physical therapist” means a person who is licensed pursuant to ORS 688.010 to
688.201 to practice physical therapy.
(3)
“Physical therapist aide” means a person who is trained by a physical therapist
or physical therapist assistant to perform designated and supervised routine
tasks related to physical therapy and who works under the direct on-site
supervision of a physical therapist or physical therapist assistant.
(4)
“Physical therapist assistant” means a person who assists a physical therapist
in the administration of selected components of physical therapy intervention.
A physical therapist assistant works under the supervision and direction of the
physical therapist.
(5)
“Physical therapy” means the care and services provided by a physical therapist
or by a physical therapist assistant under the supervision and direction of a
physical therapist.
(6)
“Practice of physical therapy” means:
(a)
Examining, evaluating and testing for mechanical, physiological and developmental
impairments, functional limitations and disabilities or other
neuromusculoskeletal conditions in order to determine a physical therapy
diagnosis or prognosis or a plan of physical therapy intervention and to assess
the ongoing effects of physical therapy intervention.
(b)
Alleviating impairments and functional limitations by designing, implementing,
administering and modifying physical therapy interventions.
(c)
Reducing the risk of injury, impairment, functional limitation and disability
by physical therapy interventions that may include as a component the promotion
and maintenance of health, fitness and quality of life in all age populations.
(d)
Consulting or providing educational services to a patient for the purposes of
paragraphs (a), (b) and (c) of this subsection. [1959 c.461 §1; 1965 c.314 §1;
1969 c.339 §1; 1971 c.585 §1; 1975 c.111 §1; 1987 c.726 §5; 2005 c.627 §3]
688.015 Findings and purpose.
(1) The Legislative Assembly finds and declares that providing for state
administrative control, supervision, licensure and regulation of the practice
of physical therapy in this state serves the purpose of protecting the public
health, safety and welfare.
(2)
It is the intent of the Legislative Assembly that only individuals who meet and
maintain prescribed standards of competence may engage in the practice of
physical therapy as authorized by ORS 688.010 to 688.201 and implemented by the
Physical Therapist Licensing Board. [2005 c.627 §1]
Note:
688.015 and 688.035 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 688 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
688.020 License required to practice
physical therapy or use designation. (1) Unless a
person is a licensed physical therapist or holds a permit issued under ORS
688.110, a person shall not:
(a)
Practice physical therapy; or
(b)
Use in connection with the name of the person the words or letters, “P.T.”, “R.P.T.”,
“L.P.T.”, “physical therapist”, “physiotherapist” or any other letters, words,
abbreviations or insignia indicating that the person is a physical therapist,
or purports to be a physical therapist.
(2)
Unless a person holds a license as a physical therapist assistant, a person
shall not:
(a)
Practice as a physical therapist assistant; or
(b)
Use in connection with the name of the person the words or letters, “L.P.T.A.”,
“P.T.A.”, “physical therapist assistant”, “licensed physical therapist
assistant”, or any other letters, words, abbreviations or insignia indicating
that the person is a physical therapist assistant or purports to be a physical
therapist assistant. [1959 c.461 §2; 1965 c.314 §2; 1969 c.339 §2; 1971 c.585 §2;
1975 c.111 §2]
688.030 Application of ORS 688.010 to
688.201. ORS 688.010 to 688.201 do not apply to:
(1)
A person engaging in the domestic application of any activity included in the
definition of the practice of physical therapy, if the person does not
represent to anyone receiving services or to the public that the person is a
physical therapist or a physical therapist assistant.
(2)
A person using any procedure included in the practice of physical therapy if
the procedure is within the scope of practice of the person and the person:
(a)
Is licensed under a health care licensing law of this state; and
(b)
Does not represent or imply that the person is a physical therapist or a
physical therapist assistant.
(3)
A person who is enrolled in an accredited physical therapy education program
that leads to a degree as a physical therapist or a physical therapist
assistant and who is satisfying supervised clinical education requirements
under the direct supervision of a physical therapist.
(4)
A physical therapist licensed in another jurisdiction who is, for a period not
to exceed 60 days in each calendar year:
(a)
Providing consultation from the other jurisdiction by means of
telecommunications to a physical therapist in this state;
(b)
Providing physical therapy services to a touring theater company, a performing
arts company or an athletic team; or
(c)
Performing physical therapy while teaching or participating in an educational
conference in this state. [1959 c.461 §3; 1965 c.314 §3; 1975 c.111 §3; 1987
c.726 §6; 2007 c.403 §2]
688.035 Short title.
ORS 688.010 to 688.201 may be cited as the Oregon Physical Therapy Practice
Act. [2005 c.627 §2]
Note: See
note under 688.015.
(Licensing)
688.040 Licensing procedure.
(1) Any person desiring to be a licensed physical therapist or physical
therapist assistant shall apply in writing to the Physical Therapist Licensing
Board in the form and manner provided by the board by rule.
(2)
Each application shall include or be accompanied by evidence, satisfactory to
the board, that the applicant possesses the qualifications prescribed by ORS
688.050 for applicants for licensing as a physical therapist and ORS 688.055
for applicants for licensing as a physical therapist assistant.
(3)
An applicant shall include with the application any application and examination
fees prescribed by the board by rule.
(4)
The board shall notify an applicant of any deficiencies in the application. [1959
c.461 §6; 1969 c.339 §3; 1971 c.585 §3; 1975 c.111 §4; 1995 c.79 §347; 2005
c.21 §7; 2005 c.627 §4a]
688.050 Qualifications of physical therapist;
examination; rules. (1) Each applicant for a license
as a physical therapist shall:
(a)
Be at least 18 years of age.
(b)
Be of good moral character as determined by the Physical Therapist Licensing
Board.
(c)
Be a graduate of an accredited professional physical therapy education program
approved by the board.
(d)
Pass to the satisfaction of the board an examination approved by the board to
determine the fitness of the applicant to practice as a physical therapist or
to be entitled to be licensed as provided in ORS 688.080. An applicant for
licensure as a physical therapist who does not pass the examination on the
first attempt may retake the examination as provided by rules adopted by the
board.
(2)
In addition to the requirements of subsection (1) of this section, an applicant
for a license as a physical therapist who has been educated outside the United
States shall:
(a)
Provide evidence satisfactory to the board that the applicant’s physical
therapy education program is recognized or accredited and that the applicant’s
education is substantially equivalent to the education of physical therapists
who graduated from accredited physical therapy education programs approved by
the board. If the board determines that the education of an applicant who
graduated from a physical therapy education program outside the United States
is not substantially equivalent, the board may require the applicant to
complete additional course work before the board proceeds with the application
process.
(b)
Obtain an evaluation of the applicant’s educational credentials by a
credentials evaluation agency approved by the board.
(c)
Demonstrate proficiency in English if required by the board.
(d)
Pass to the satisfaction of the board an examination approved by the board.
(3)
If an applicant who has been educated outside the United States is a graduate
of an accredited physical therapy education program approved by the board, the
board may waive the requirements of subsection (2)(a) and (b) of this section. [1959
c.461 §5; 1971 c.585 §4; 1973 c.827 §73; 2005 c.627 §5]
688.055 Qualifications of physical therapist
assistant; examination. Each applicant for a license as
a physical therapist assistant shall:
(1)
Be at least 18 years of age.
(2)
Be of good moral character as determined by the Physical Therapist Licensing
Board.
(3)
Be a graduate of an accredited physical therapist assistant education program
approved by the board.
(4)
Pass to the satisfaction of the board an examination approved by the board to
determine the fitness of the applicant to work as a physical therapist
assistant or to be entitled to be licensed as provided in ORS 688.080. An
applicant for licensure as a physical therapist assistant who does not pass the
examination on the first attempt may retake the examination as provided by
rules adopted by the board. [1969 c.339 §5; 1971 c.585 §5; 1973 c.827 §74; 1975
c.111 §5; 2005 c.627 §6]
688.060 [1959
c.461 §4; 1969 c.339 §7; 1971 c.585 §6; 1975 c.111 §6; repealed by 1983 c.740 §251]
688.070 [1959
c.461 §7; 1969 c.339 §8; 1971 c.585 §7; 1975 c.526 §7; 1983 c.224 §1; repealed
by 2005 c.627 §18]
688.080 Reciprocity; fee.
(1) The Physical Therapist Licensing Board may license as a physical therapist
or license as a physical therapist assistant, without examination, any person
who:
(a)
Applies for a license as provided in ORS 688.040;
(b)
Is of good moral character as determined by the board; and
(c)
On the date of making application, is a physical therapist or physical therapist
assistant who has a valid unrestricted license from any other state or
territory of the United States if the requirements for licensing of physical
therapists or physical therapist assistants in the state or territory in which
the applicant is licensed are substantially equivalent to Oregon’s licensure
requirements and the applicant passed to the satisfaction of the examiner of
such state or territory a written examination that is approved by the board of
this state.
(2)
Each applicant under this section shall pay a fee to the board at the time of
filing the application. [1959 c.461 §9; 1969 c.339 §9; 1971 c.585 §8; 1975
c.111 §7; 1975 c.526 §8; 1983 c.224 §1a; 2005 c.627 §7]
688.090 License; certificate.
The Physical Therapist Licensing Board shall license as a physical therapist or
a physical therapist assistant each applicant who proves to the satisfaction of
the board fitness for such license as provided in ORS 688.010 to 688.201. The
board shall issue a certificate to each person licensed. The certificate shall
be prima facie evidence of the right of the person to whom it is issued to
represent that person as a licensed physical therapist or physical therapist
assistant, whichever certificate the person holds, subject to the provisions of
ORS 688.010 to 688.201. [1959 c.461 §10; 1969 c.339 §10; 1971 c.585 §9; 1975
c.111 §8]
688.100 Renewals; rules; fee; lapse.
(1) A person who is licensed as a physical therapist or physical therapist
assistant shall renew the person’s license pursuant to the rules of the
Physical Therapist Licensing Board. A person who fails to renew the license on
or before the expiration date specified by board rule may not practice as a
physical therapist or work as a physical therapist assistant in this state
until the lapsed license is renewed.
(2)
The board may reinstate a lapsed license upon payment of all past renewal and
delinquency fees.
(3)
If a person’s license has lapsed for more than five consecutive years, that
person shall reapply for a license and pay all applicable fees. The person
shall also demonstrate to the board’s satisfaction competence to practice
physical therapy, or shall serve an internship under a restricted license or
take remedial or refresher courses, or both, at the discretion of the board. The
board may also require the applicant to take an examination.
(4)
A person who is licensed as a physical therapist or physical therapist
assistant shall report to the board a name change or any change in business or
residential address, electronic mail address or contact telephone number within
30 days after the date of change. [1959 c.461 §11; 1969 c.339 §11; 1971 c.585 §10;
1975 c.526 §9; 1983 c.224 §2; 2005 c.627 §8]
688.110 Temporary permit; fee.
(1) The Physical Therapist Licensing Board, in its discretion, may issue
without examination a temporary permit to a person to practice as a physical
therapist or to work as a physical therapist assistant in this state if the
person files an application for license as provided in ORS 688.040 or 688.080,
and pays to the board at the time of filing the application the temporary
permit fee.
(2)
A person holding a temporary permit may practice physical therapy only under
the direction of a physical therapist licensed under ORS 688.010 to 688.201.
(3)
The temporary permit shall be granted for a period not to exceed three months.
The board may renew the temporary permit at its discretion for an additional
three months, but no longer. [1959 c.461 §12; 1969 c.339 §12; 1971 c.585 §11;
1975 c.526 §10; 1983 c.224 §3; 1991 c.703 §31; 2005 c.627 §9]
688.120 Fraudulent representations prohibited.
A person may not obtain or attempt to obtain a license as a physical therapist
or as a physical therapist assistant or a temporary permit under ORS 688.110 by
any fraudulent representation. [1959 c.461 §13; 1969 c.339 §13; 1971 c.585 §12;
1975 c.111 §9; 2005 c.21 §8; 2005 c.627 §10]
688.125 Notice to patient of interest in physical
therapy practice. In order to ensure that physical
therapy treatment of a patient is based solely on the needs of a patient, any
health care practitioner licensed by a health professional regulatory board as
defined in ORS 676.160 who owns, in part or in whole, a physical therapy
practice, or who employs a physical therapist, shall communicate the facts of
that ownership or employment relationship to patients for whom physical therapy
is prescribed and inform the patient that alternative sources of physical
therapy treatment are available. [1987 c.726 §9; 2009 c.142 §5]
688.130 [1959
c.461 §16; 1965 c.314 §4; 1969 c.339 §14; 1971 c.585 §13; 1975 c.111 §10; 1983
c.224 §4; 1989 c.947 §1; 1991 c.381 §1; 1993 c.211 §1; 1999 c.539 §1; 1999
c.582 §15; repealed by 2005 c.627 §18]
688.132 Duty to refer person; exceptions;
when personal injury protection benefits available.
(1) A licensed physical therapist shall immediately refer a person to a medical
doctor, osteopathic physician, chiropractic physician, podiatric physician and
surgeon, naturopathic physician, dentist, physician assistant or nurse
practitioner if:
(a)
Signs or symptoms are present that require treatment or diagnosis by such
providers or for which physical therapy is contraindicated or for which
treatment is outside the knowledge of the physical therapist or scope of
practice of physical therapy; or
(b)
The physical therapist continues therapy and 60 days have passed since the
initial physical therapy treatment has been administered, unless:
(A)
The individual is a child or a student eligible for special education, as
defined by state or federal law, and is being seen pursuant to the child’s or
the student’s individual education plan or individual family service plan;
(B)
The individual is a student athlete at a public or private school, college or
university and is seeking treatment in that role as athlete; or
(C)
The individual is a resident of a long term care facility as defined in ORS
442.015, a residential facility as defined in ORS 443.400, an adult foster home
as defined in ORS 443.705 or an intermediate care facility for mental retardation
pursuant to federal regulations.
(2)
Notwithstanding any provision of ORS 742.518 to 742.542, personal injury
protection benefits are not required to be paid for physical therapy treatment
of a person covered by the applicable insurance policy unless the person is
referred to the physical therapist by a licensed physician, podiatric physician
and surgeon, naturopathic physician, dentist, physician’s assistant or nurse
practitioner. [1993 c.211 §4; 1999 c.539 §2; 2001 c.104 §262; 2005 c.627 §11;
2007 c.403 §1]
688.134 [1993
c.211 §7; 1997 c.408 §1; repealed by 2005 c.627 §18]
688.135 Duties and responsibilities of
physical therapist. (1) A physical therapist
licensed under ORS 688.010 to 688.201 shall:
(a)
Be responsible for managing all aspects of the physical therapy care of each
patient.
(b)
Ensure the qualifications of all physical therapist assistants and physical
therapist aides working under the direction and supervision of the physical
therapist.
(c)
Provide for each patient the therapeutic intervention that requires the
expertise of a physical therapist and determine and supervise the use of
physical therapist assistants or physical therapist aides to provide care that
is safe, effective and efficient.
(2)
Responsibility for patient care management shall include accurate documentation
and billing of the physical therapy services provided. Information relating to
the physical therapist-patient relationship is confidential and a physical
therapist shall comply with the laws and rules governing the use and disclosure
of a patient’s protected health information as provided in ORS 192.553 to
192.581.
(3)
Each physical therapist shall display a copy of the physical therapist’s
license or current renewal verification in a location accessible to public view
at the physical therapist’s place of practice or employment.
(4)
A physical therapist may purchase, store and administer topical and aerosol
medications as part of the practice of physical therapy as defined in ORS
688.010. A physical therapist shall comply with any rules adopted by the State
Board of Pharmacy specifying protocols for storage of medications.
(5)
A physical therapist shall adhere to the standards of ethics recognized by the
physical therapy profession as further established by a nationally recognized
professional organization of physical therapists and as further adopted by the
board.
(6)
A physical therapist shall disclose to a patient any direct financial interest
in products that the physical therapist endorses and recommends to the patient
at the time of such endorsement or recommendation. The disclosure shall be
documented in the patient’s record.
(7)
A physical therapist may provide compensable services to an injured worker only
as authorized by ORS 656.250.
(8)
Nothing in ORS 688.010 to 688.201 shall prohibit a physical therapist licensed
under ORS 688.010 to 688.201 from accepting a referral from a veterinarian
licensed under ORS chapter 686. The referral must be in writing and specify the
treatment or therapy to be provided, pursuant to ORS 686.040 (4). A physical
therapist practicing under this subsection shall be held to the standard of
care for veterinarians set forth in ORS chapter 686.
(9)
Unless state or federal laws relating to confidentiality or the protection of
health information prohibit disclosure, a physical therapist who has reasonable
cause to believe that a licensee of another board has engaged in prohibited
conduct as defined in ORS 676.150 shall report the prohibited conduct in the
manner provided in ORS 676.150. [2005 c.627 §16; 2009 c.536 §24]
688.140 Grounds for discipline; sanctions;
civil penalties. (1) The Physical Therapist
Licensing Board, after notice and hearing as provided in ORS 688.145, may
impose any or all of the following sanctions or take any of the following
actions upon any of the grounds specified in subsection (2) of this section:
(a)
Refuse to license any applicant.
(b)
Refuse to renew the license of any physical therapist or physical therapist
assistant.
(c)
Suspend or revoke the license of any physical therapist or physical therapist
assistant.
(d)
Suspend or revoke a temporary permit issued under ORS 688.110.
(e)
Impose a civil penalty not to exceed $5,000.
(f)
Impose probation with authority to limit or restrict a license.
(g)
Impose conditions, restrictions or limitations on practice.
(h)
Issue letters of reprimand.
(i)
Impose any other appropriate sanction, including assessment of the reasonable
costs of a proceeding under ORS 688.145 as a civil penalty. Costs include, but
are not limited to, the costs of investigation, attorney fees, hearing officer
costs and the costs of discovery.
(2)
Grounds exist for the imposition of sanctions as specified in subsection (1) of
this section when a person:
(a)
Violates any provision of ORS 688.010 to 688.201, board rules or a written
order from the board.
(b)
Practices or offers to practice beyond the scope of practice of physical
therapy.
(c)
Obtains or attempts to obtain or renew a license or temporary permit by fraud
or misrepresentation.
(d)
Provides substandard care as a physical therapist through a deliberate or
negligent act or failure to act, regardless of whether injury to the patient
occurs.
(e)
Provides substandard care as a physical therapist assistant by exceeding the
authority to perform components of physical therapy interventions selected by
the supervising physical therapist or through a deliberate or negligent act or
failure to act, regardless of whether injury to the patient occurs.
(f)
Fails as a physical therapist to supervise physical therapist assistants in
accordance with board rules.
(g)
Fails as a physical therapist or physical therapist assistant to supervise
physical therapist aides in accordance with board rules.
(h)
Subject to the provisions of ORS 670.280, has been convicted of a crime in
Oregon or any other state, territory or country. For purposes of this
paragraph, conviction includes a verdict of guilty, a plea of guilty or a plea
of no contest.
(i)
Has an impairment as defined in ORS 676.303.
(j)
Has had an application for licensure refused because of conduct or
circumstances that would be grounds for sanctions by the board, or a license
revoked or suspended, or other disciplinary action taken by the proper
authorities of another state, territory or country.
(k)
Engages in sexual misconduct. For purposes of this paragraph, sexual misconduct
includes but is not limited to:
(A)
Engaging in sexual conduct or soliciting a sexual relationship with a current
patient, whether consensual or nonconsensual.
(B)
Intentionally exposing or viewing a completely or partially disrobed patient in
the course of treatment if the exposure or viewing is not related to patient
diagnosis or treatment under current practice standards.
(L)
Directly or indirectly requests, receives, pays or participates in dividing,
transferring or assigning an unearned fee or profits by a means of a credit or
other valuable consideration such as an unearned commission, discount or
gratuity in connection with the furnishing of physical therapy services. This
paragraph does not prohibit the members of any regularly and properly organized
business entity recognized by law and comprised of physical therapists from
dividing fees received for professional services among themselves as they
determine.
(m)
Fails to adhere to the standards of ethics of the physical therapy profession
established by board rule.
(n)
Obtains or attempts to obtain a fee for physical therapy services by fraud or
misrepresentation.
(o)
Makes misleading, deceptive or fraudulent representations in the course of
providing physical therapy services.
(p)
Fails to report to the board, when the person has direct knowledge of an
unprofessional, incompetent or illegal act that reasonably appears to be in
violation of ORS 688.010 to 688.201 or any rules of the board.
(q)
Interferes with an investigation or disciplinary proceeding of the board.
(r)
Aids or abets a person who is not licensed in this state to practice physical
therapy.
(s)
Fails to maintain adequate patient records.
(t)
Fails to maintain patient confidentiality.
(u)
Provides treatment intervention that is not warranted by the patient’s
condition or continues treatment beyond the point of reasonable benefit to the
patient.
(v)
Provides physical therapy services or participates in physical therapy services
solely for reasons of personal or institutional financial gain.
(w)
Aids or causes another person, directly or indirectly, to violate ORS 688.010
to 688.201 or rules of the board, fraudulently uses or permits the use of a
license number in any way, or acts with the intent to violate ORS 688.010 to
688.201 or rules of the board.
(3)
To enforce the provisions of this section, the board is authorized to initiate
an investigation and take the following actions:
(a)
Receive complaints filed against persons and conduct timely investigations.
(b)
Initiate its own investigation if the board has reason to believe that there
may have been a violation of ORS 688.010 to 688.201.
(c)
Issue a subpoena to compel the attendance of any witness or the production of
any documentation relating to a matter under investigation. In addition to the
board, the executive director or the executive director’s designee may issue a
subpoena. When the board, in the course of an investigation, requires the
production of patient records for inspection and copying by subpoena, or
otherwise, the records shall be produced without regard to whether patient
consent has been obtained and without regard to any claim of confidentiality or
privilege.
(d)
Take the deposition of a witness, including a physical therapist or physical
therapist assistant being investigated, in the manner provided by law in civil
cases.
(e)
Take emergency action to suspend a person’s license or restrict the person’s
practice or employment pending proceedings by the board.
(f)
Report to the appropriate district attorney all cases that, in the judgment of
the board, warrant prosecution.
(g)
Require a person to undergo a mental, physical, chemical dependency or competency
evaluation at the person’s expense when the board has objectively reasonable
grounds to believe that the person is or may be unable to practice physical
therapy with reasonable skill and safety, with the results being reported to
the board. The report shall 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.
(4)
If the board finds that the information received in a complaint or an
investigation does not merit disciplinary action against a person,
nondisciplinary actions may ensue. The board may then take the following
actions:
(a)
Dismiss the complaint.
(b)
Issue a confidential advisory letter to the person that is nondisciplinary and
that notifies the physical therapist or physical therapist assistant that
certain conduct or practices must be modified or eliminated.
(5)
The board may apply for injunctive relief in any court of competent
jurisdiction to enjoin any person from committing any act in violation of ORS
688.010 to 688.201. Injunction proceedings are in addition to, and not in lieu
of, penalties or other sanctions prescribed in ORS 688.010 to 688.201. [1959
c.461 §14; 1969 c.339 §15; 1971 c.585 §14; 1975 c.111 §11; 1979 c.744 §59; 1983
c.224 §5; 1985 c.41 §3; 1989 c.947 §2; 1993 c.211 §2; 1999 c.709 §1; 2005 c.627
§12; 2009 c.756 §66]
688.145 Discipline procedure; review of
orders; confidential information. (1) When the
Physical Therapist Licensing Board proposes to impose any of the sanctions
authorized in ORS 688.140, opportunity for hearing shall be accorded as
provided in ORS chapter 183.
(2)
Judicial review of orders under subsection (1) of this section shall be as
provided in ORS chapter 183.
(3)
Information that the board obtains as part of an investigation into licensee or
applicant conduct or as part of a contested case proceeding, consent order or
stipulated agreement involving licensee or applicant conduct is confidential as
provided under ORS 676.175. [1971 c.734 §140; 1985 c.41 §4; 1997 c.791 §43]
688.150 [1959
c.461 §15; 1969 c.339 §16; 1971 c.585 §15; repealed by 1971 c.734 §21]
(State Board)
688.160 Physical Therapist Licensing
Board; qualifications; terms; vacancies; duties; rules; fees; meetings; executive
director. (1) The Physical Therapist Licensing
Board operates as a semi-independent state agency subject to ORS 182.456 to
182.472, for purposes of carrying out the provisions of ORS 688.010 to 688.201
and 688.990. The Physical Therapist Licensing Board consists of eight members
appointed by the Governor and subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. All members of the board must be
residents of this state. Of the members of the board:
(a)
Five must be physical therapists who are Oregon residents, possess unrestricted
licenses to practice physical therapy in this state, have been practicing in
this state for at least two years immediately preceding their appointments and
have been practicing in the field of physical therapy for at least five years.
(b)
One must be a licensed physical therapist assistant.
(c)
Two must be public members who have an interest in consumer rights and who are
not:
(A)
Otherwise eligible for appointment to the board; or
(B)
The spouse, domestic partner, child, parent or sibling of a physical therapist
or physical therapist assistant.
(2)(a)
Board members required to be physical therapists or physical therapist
assistants may be selected by the Governor from a list of three to five
nominees for each vacancy, submitted by the Oregon Physical Therapy
Association.
(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)(a)
The term of office of each member is four years, but a member serves at the
pleasure of the Governor. The terms must be staggered so that no more than
three terms end each year. A member is eligible for reappointment.
(b)
In the event of a vacancy in the office of a member of the board other than by
reason of the expiration of a term, the Governor, not later than 90 days after
the occurrence of the vacancy, shall appoint a person to fill the vacancy for
the unexpired term.
(c)
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 physical therapist or a retired physical therapist who was a
licensed physical therapist in good standing at the time of retirement, if the
board member was appointed to serve on the board as a physical therapist; or
(D)
Is not a licensed physical therapist assistant or a retired physical therapist
assistant who was a licensed physical therapist assistant in good standing at
the time of retirement, if the board member was appointed to serve on the board
as a retired physical therapist assistant.
(4)
Each member of the board is 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)
A board member who acts within the scope of board duties, without malice and in
reasonable belief that the member’s action is warranted by law, is immune from
civil liability.
(6)
The board shall have power to:
(a)
Establish matters of policy affecting administration of ORS 688.010 to 688.201;
(b)
Provide for examinations for physical therapists and physical therapist
assistants and adopt passing scores for the examinations;
(c)
Adopt rules necessary to carry out and enforce the provisions of ORS 688.010 to
688.201;
(d)
Establish standards and tests to determine the qualifications of applicants for
licenses to practice physical therapy in this state;
(e)
Issue licenses to persons who meet the requirements of ORS 688.010 to 688.201;
(f)
Adopt rules relating to the supervision and the duties of physical therapist
aides who assist in performing routine work under supervision;
(g)
Adopt rules establishing minimum continuing education requirements for all
licensees;
(h)
Exercise general supervision over the practice of physical therapy within this
state;
(i)
Establish and collect fees for the application or examination for, or the
renewal, reinstatement or duplication of, a license under ORS 688.040, 688.080
or 688.100 or for the issuance of a temporary permit under ORS 688.110; and
(j)
Establish and collect fees to carry out and enforce the provisions of ORS
688.010 to 688.201.
(7)
The board shall meet as determined by the board and at any other time at the
call of the board chairperson, who shall be elected by the members of the
board. All members have equal voting privileges.
(8)
The board may appoint and fix the compensation of staff as necessary to carry
out the operations of the board.
(9)
The board shall:
(a)
Maintain a current list of all persons regulated under ORS 688.010 to 688.201,
including the persons’ names, current business and residential addresses,
telephone numbers, electronic mail addresses and license numbers.
(b)
Provide information to the public regarding the procedure for filing a
complaint against a physical therapist or physical therapist assistant.
(c)
Publish at least annually, and in a format or place determined by the board,
final disciplinary actions taken against physical therapists and physical
therapist assistants and other information, including rules, in order to guide
physical therapists and physical therapist assistants regulated pursuant to ORS
688.010 to 688.201. [1959 c.461 §17; 1969 c.339 §17; 1971 c.585 §16; 1971 c.650
§38; 1973 c.792 §43; 1975 c.111 §12; 1985 c.41 §5; 1993 c.387 §1; 1999 c.1084 §26;
2005 c.627 §13; 2009 c.535 §26; 2009 c.756 §100; 2011 c.597 §282]
688.170 [1959
c.461 §19; 1969 c.314 §88; 1971 c.585 §17; 1999 c.1084 §27; repealed by 2005
c.627 §18]
688.180 [1959
c.461 §20; 1969 c.339 §18; 1971 c.585 §18; 1975 c.111 §13; repealed by 2005
c.627 §18]
688.190 [1959
c.461 §21; 1969 c.339 §19; repealed by 1971 c.585 §23]
688.200 [1959
c.461 §24; 1961 c.593 §4; 1967 c.637 §33; 1971 c.585 §19; repealed by 1973
c.427 §33 (688.201 enacted in lieu of 688.200)]
688.201 Disposition of receipts.
All moneys received under ORS 688.010 to 688.201 shall be paid into the account
established by the Physical Therapist Licensing Board under ORS 182.470. Those
moneys hereby are appropriated continuously to the board and shall be used only
for the administration and enforcement of ORS 688.010 to 688.201. [1973 c.427 §34
(enacted in lieu of 688.200); 1999 c.1084 §28]
688.210 [1959
c.461 §23; 1969 c.339 §20; 1971 c.585 §20; 1975 c.111 §14; repealed by 2005
c.627 §18]
(Enforcement)
688.220 [1959
c.461 §22; 1971 c.585 §21; 1997 c.791 §44; 1999 c.59 §203; repealed by 2005
c.627 §18]
688.230 Report of suspected violation;
confidentiality of report; liability of person reporting.
(1) Any licensed health facility, licensed physical therapist, licensed
physical therapist assistant, the Oregon Physical Therapy Association or
physician licensed under ORS chapter 677, podiatric physician and surgeon or
dentist shall, and any other person may, report suspected violations of ORS
688.010 to 688.201 to the Physical Therapist Licensing Board. The reports are
confidential as provided under ORS 676.175.
(2)
Any person who reports or provides information to the board under subsection
(1) of this section and who provides information in good faith shall not be
subject to an action for civil damages as a result thereof. [1985 c.41 §7; 1997
c.791 §45]
688.235 [1989
c.843 §14; repealed by 2005 c.627 §18]
MEDICAL IMAGING PRACTITIONERS AND
LIMITED X-RAY MACHINE OPERATORS
(Generally)
688.405 Definitions for ORS 688.405 to
688.605. As used in ORS 688.405 to 688.605:
(1)
“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)
“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 nurse practitioner” means a nurse practitioner licensed in Oregon.
(11)
“Licensed physician” means a physician or surgeon licensed in Oregon.
(12)
“Licensed physician assistant” means a physician assistant licensed in Oregon.
(13)
“Limited X-ray machine operator” means a person other than a licensed
physician, licensed nurse practitioner or licensed physician assistant who
performs diagnostic X-ray procedures under the supervision of a licensed
physician, licensed nurse practitioner or licensed physician assistant using
equipment that emits external ionizing radiation resulting in diagnostic
radiographic images that are limited to select human anatomical sites.
(14)
“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.
(15)
“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.
(16)
“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.
(17)
“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.
(18)
“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.
(19)
“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.
(20)
“Radiation therapy” means the use of ionizing radiation on a human being for
therapeutic purposes.
(21)
“Radiographer” means a person other than a licensed 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.
(22)
“Radiography” means the use of ionizing radiation to produce radiographic,
fluoroscopic or digital images of human anatomy for diagnostic purposes.
(23)
“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.
(24)
“Student” means an individual enrolled in:
(a)
An approved school; or
(b)
A limited X-ray machine operator course of study.
(25)
“Supervision” means the act of monitoring and reviewing the performance of
medical imaging licensees or limited X-ray machine operators through regular
inspections of work produced, regardless of whether the supervising individual
is continuously physically present during the use of medical imaging equipment
or X-ray equipment. [1977 c.534 §2; 1981 c.603 §6; 1999 c.517 §1; 2009 c.833 §1;
2011 c.9 §86]
688.415 License or permit requirement;
prohibited acts. (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. [1977 c.534
§§4(3),20; 2009 c.833 §2]
688.425 Licensed persons may use title.
(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 identifying titles
and initials of the person’s credentialing organization.
(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. [1977 c.534 §18; 2009 c.833 §3]
688.435 Application of ORS 688.405 to
688.605. The provisions of ORS 688.405 to
688.605 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, while practicing one of the medical imaging
modalities or subspecialties under the supervision of the school’s assigned
clinical instructor.
(3)
Specific licensed health care providers, other than physicians, who use
sonographic equipment within their lawful scope of practice.
(4)
Licensed physicians. [1977 c.534 §15; 1979 c.449 §3; 1981 c.603 §5; 1993 c.247 §2;
1999 c.517 §2; 2009 c.833 §4]
(Licensing)
688.445 Licensing and renewal procedure;
modalities; fees. (1) The Board of Medical Imaging
shall issue:
(a)
A license to practice a specified medical imaging modality in the State of
Oregon to each person who meets the qualifications for a license as provided in
ORS 688.455. The license shall identify the modality or subspecialty for which
the qualifications have been met.
(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
prior to the first day of the licensee’s birth month or as otherwise provided
by the board by rule.
(3)
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.
(a)
A late renewal may not be granted more than 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)
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 or permit that has been expired for more than two years may be
reissued only in the manner prescribed for an original license or permit. [1977
c.534 §5; 1979 c.443 §1; 1989 c.214 §1; 1997 c.106 §1; 1997 c.367 §1; 1999
c.517 §3; 2005 c.151 §1; 2009 c.833 §5]
688.455 License fee; general
qualifications. (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)
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
(g)
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. [1977
c.534 §6; 1979 c.443 §2; 1991 c.535 §1; 1997 c.367 §2; 2009 c.833 §6]
Note: The
amendments to 688.455 by section 7, chapter 833, Oregon Laws 2009, become
operative January 1, 2014. See section 33, chapter 833, Oregon Laws 2009. The
text that is operative on and after January 1, 2014, is set forth for the user’s
convenience.
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;
(d)
Has undergone a background check to the satisfaction of the board as
established in rules adopted by the board;
(e)
Has not had a license of any type revoked by this state or any state, territory
of the United States or nation;
(f)
Has not had a credential revoked by any credentialing organization;
(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
(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. [2009
c.833 §7]
688.465 [1977
c.534 §7; 1981 c.603 §1; 1999 c.517 §4; 2005 c.151 §2; repealed by 2009 c.833 §32]
688.475 [1977
c.534 §8; 1981 c.603 §2; 1999 c.517 §5; 2005 c.151 §3; repealed by 2009 c.833 §32]
688.480 Qualifications of operators of
certain equipment. 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. [1979 c.449 §6; 2005 c.151 §4; 2009 c.833 §8]
688.485 Examinations; fees.
(1) The Board of Medical Imaging shall oversee examinations given each year for
a limited X-ray machine operator permit.
(2)
A limited X-ray machine operator permit applicant who fails to pass an
examination may take additional examinations as required by the board by rule.
(3)
The board shall charge a fee for oversight of limited X-ray machine operator
permit examinations 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. [1977 c.534 §11;
2009 c.833 §9]
688.495 Licensing of radiographer without
examination. The Board of Medical Imaging may
license as a 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 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. [1977 c.534 §10; 1981 c.603 §3; 2009 c.833 §10]
688.505 Evidence of continuing education
on renewal. (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. [1977 c.534 §12; 1985 c.325 §1; 1989 c.214 §2; 1999 c.517 §6;
2009 c.833 §11]
688.515 Limited X-ray machine operator
permit; fees; qualifications; rules. (1) The Board
of Medical Imaging shall issue a limited X-ray machine operator permit to an
applicant to practice under the supervision of a licensed physician, a licensed
nurse practitioner or a licensed physician assistant if the applicant meets the
requirements as provided in this section. 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)
Skull and sinuses;
(b)
Spine;
(c)
Chest;
(d)
Extremities;
(e)
Podiatric; or
(f)
Bone densitometry.
(2)
Limited X-ray machine operator permits 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 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 radiographer;
(g)
Have paid the examination fee set by board rule to reflect the actual cost of
the examination;
(h)
Have successfully passed an examination approved by the board in 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. The limited X-ray machine
operator permit 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 physician, licensed nurse
practitioner or licensed physician assistant supervising the person’s
performance of diagnostic radiography and may only perform diagnostic radiography
while being supervised by a licensed physician, licensed nurse practitioner or
licensed physician assistant. In the event the person subsequently is
supervised by a licensed physician, licensed nurse practitioner or licensed
physician assistant other than the physician, nurse practitioner or physician
assistant whose name was initially furnished to the board, the person shall
immediately notify the board in writing.
(6)
Limited X-ray machine operators must meet the standards of ethical conduct equal
to those of a licensed radiographer. [1977 c.534 §14; 1979 c.443 §4; 1979 c.449
§1; 1981 c.603 §4; 1985 c.325 §2; 1989 c.214 §3; 1989 c.337 §1; 1991 c.535 §2;
1993 c.247 §3; 1995 c.124 §1; 1997 c.106 §2; 1997 c.367 §3; 1999 c.517 §7; 1999
c.522 §1; 2009 c.833 §12; 2011 c.9 §87]
688.520 Inactive licenses and permits;
licenses and permits for periods other than 24 months.
(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 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. [1991 c.535 §4; 1997 c.106 §3; 2009 c.833 §13]
688.525 Grounds for discipline;
investigation of complaints; confidential information.
(1) The Board of 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 of any 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.
(b)
Has an impairment as defined in ORS 676.303.
(c)
In the judgment of the board is guilty of unethical or unprofessional conduct
in the practice of a medical imaging modality or as a limited X-ray machine
operator.
(d)
Has been convicted of any crime that bears a demonstrable relationship to the
practice of a medical imaging modality or as a limited X-ray machine operator,
or otherwise reflects adversely on fitness to practice.
(e)
In the judgment of the board, has acted with gross negligence in the practice
of a medical imaging modality or as a limited X-ray machine operator.
(f)
Has undertaken to act as a medical imaging licensee independently of the
supervision of a licensed physician, or has undertaken to act as a limited
X-ray machine operator independently of the supervision of a licensed
physician, licensed nurse practitioner or licensed physician assistant.
(g)
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. [1977 c.534 §28;
1979 c.744 §60; 1993 c.247 §4; 1997 c.791 §46; 1999 c.517 §8; 2009 c.756 §68;
2009 c.833 §14; 2011 c.9 §88]
(State Board)
688.545 Board of Medical Imaging;
qualifications; advisory member; term; compensation and expenses; officers;
meetings; quorum; rules. (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 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. [1977
c.534 §3; 1979 c.449 §4; 1999 c.517 §9; 2005 c.307 §1; 2009 c.535 §27; 2009
c.828 §42; 2009 c.833 §38]
688.555 Rulemaking; executive director.
(1) The Board of 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 director subject
to ORS 240.245 and include reimbursement for actual and necessary travel
expenses incurred in the performance of the duties of the director. [1977 c.534
§4(1),(2),(4); 1999 c.517 §10; 2009 c.833 §16]
688.557 Authority of board to require
fingerprints. For the purpose of requesting a state
or nationwide criminal records check under ORS 181.534, the Board of 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. [2007 c.619 §5;
2009 c.833 §17]
Note:
688.557 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 688 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
688.560 Fees; rules.
The Board of Medical Imaging by rule shall establish and collect reasonable
fees for:
(1)
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. [1993 c.247 §6; 1997
c.367 §4; 1999 c.517 §11; 2009 c.833 §18]
Note:
688.560 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 688 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
688.565 Continuing education.
(1) The Board of Medical Imaging shall approve programs of continuing education
in 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. [1977 c.534 §13; 2005 c.151 §5; 2009 c.833 §19]
688.575 [1977
c.534 §§16, 17; 1979 c.449 §2; repealed by 1981 c.603 §8]
688.585 Board of Medical Imaging Account.
(1) The Board of 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 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. [1977 c.534 §23; 2005 c.726 §15; 2009 c.833 §20]
(Enforcement)
688.595 Enforcement and inspections.
The section manager of the Radiation Protection Services Section of the Oregon
Health Authority shall enforce the provisions of ORS 688.405 to 688.605 and
shall conduct, under the direction of the Board of Medical Imaging, inspections
in furtherance of the purposes of ORS 688.405 to 688.605. [1977 c.534 §19; 2005
c.307 §3; 2009 c.595 §1093; 2009 c.833 §21]
688.600 Investigation of alleged
violations; power of board; subpoenas; peer review committees.
(1) Upon receipt of a complaint, or upon its own motion, the Board of 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;
(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
(g)
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. [1989 c.843 §10; 2009
c.833 §22]
688.605 Duty to report violation; confidentiality;
procedure on claims of violation. (1)(a) Unless
state or federal laws relating to confidentiality or the protection of health
information prohibit disclosure, any 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, any person 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 ORS 676.150 shall report
the prohibited conduct in the manner provided in ORS 676.150.
(c)
Unless state or federal laws relating to confidentiality or the protection of
health information prohibit disclosure, any organization representing 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 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 is not subject to an action for civil damages as a result 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. [1977
c.534 §22; 1993 c.247 §5; 1997 c.791 §47; 2009 c.536 §21; 2009 c.833 §43]
HEMODIALYSIS TECHNICIANS
688.625 Definitions for ORS 688.625 to
688.665. As used in ORS 688.625 to 688.665:
(1)
“Dialysis facility or center” means a place awarded conditional or
unconditional status by the federal Centers for Medicare and Medicaid Services.
(2)
“End stage renal disease” means a condition that requires either the
replacement of kidney functions through renal transplantation or the permanent
assistance of those functions through dialysis.
(3)
“Hemodialysis technician” means a person certified by the Oregon Health
Authority under ORS 688.650. [1997 c.580 §1; 2003 c.14 §436; 2009 c.595 §1094]
688.630 Certification requirement.
(1) It is unlawful for any person to act as a hemodialysis technician without
being certified by the Oregon Health Authority.
(2)
It is unlawful for any dialysis facility or center to authorize a person to act
for it as a hemodialysis technician without being certified by the authority. [1997
c.580 §2; 2009 c.595 §1095]
688.635 Scope of practice of hemodialysis
technician; rules. (1) A person certified as a
hemodialysis technician may, under the direct supervision of a physician
licensed under ORS chapter 677 or a registered nurse licensed under ORS 678.010
to 678.410, perform functions as determined by rules adopted by the Oregon
Health Authority, in consultation with the Oregon Medical Board and the Oregon
State Board of Nursing.
(2)
A hemodialysis technician shall not:
(a)
Administer medications by oral, intramuscular, intravenous or subcutaneous
means except as specified under rules adopted by the authority pursuant to
subsection (1) of this section.
(b)
Determine the frequency, duration or nature of dialysis treatments or alter any
treatment prescribed by a licensed health professional.
(c)
Engage in any health care activity requiring a license except as authorized
under rules adopted by the authority pursuant to subsection (1) of this
section. [1997 c.580 §3; 2009 c.595 §1096]
688.640 Application for certificate;
rules. (1) For any person to be certified as a
hemodialysis technician, an application for certification shall be made to the
Oregon Health Authority. The application shall be upon forms prescribed by the
authority and shall contain:
(a)
The name and address of the applicant.
(b)
The name and location of the training course successfully completed by the
applicant and the date of completion and, if an extended period of time has
elapsed since the completion of the training, of the required amount of
continuing education.
(c)
Such other information as the authority may reasonably require to determine
compliance with applicable provisions of ORS 688.625 to 688.665 and the rules
adopted thereunder.
(2)
The authority, in consultation with the Oregon Medical Board and the Oregon
State Board of Nursing, shall adopt rules establishing initial training and
continuing education requirements. [1997 c.580 §4; 2009 c.595 §1097]
688.645 Fees.
(1) An initial application fee shall be submitted with the application for
hemodialysis technician certification. If the applicant is taking an
examination administered by the Oregon Health Authority, an additional fee
shall be charged for the examination.
(2)
The authority may charge a fee for late renewal of a certificate and for
issuance of any duplicate certificate.
(3)
Subject to the review of the Oregon Department of Administrative Services, the
fees and charges established under this section shall not exceed the cost of
administering the certification program of the authority pertaining to the
purpose for which the fee or charge is established, as authorized by the
Legislative Assembly for the authority’s budget, as the budget may be modified
by the Emergency Board.
(4)
All moneys received by the authority under ORS 688.625 to 688.665 shall be paid
into the General Fund in the State Treasury and placed to the credit of the
authority account and such moneys hereby are appropriated continuously and
shall be used only for the administration and enforcement of ORS 688.625 to
688.665. [1997 c.580 §5; 1999 c.59 §204; 2009 c.595 §1098]
688.650 Qualifications for certification;
temporary or provisional certificates; continuing education; certificate
expiration; rules. (1) When application has been
made as required under ORS 688.640, the Oregon Health Authority shall certify
the applicant as a hemodialysis technician if it finds:
(a)
The applicant has successfully completed the training requirement adopted by
the authority.
(b)
A fee has been paid to the authority pursuant to ORS 688.645.
(c)
The applicant has successfully completed an examination administered by the
authority or administered by another public or private entity and approved by
the authority.
(d)
The applicant meets any other requirements prescribed by rule of the authority.
(2)
The authority may provide for the issuance of a temporary or provisional
certification for a person to practice as a hemodialysis technician until the
person has taken and passed the next held certification examination available
to the person and has received a certificate. The authority may impose any
conditions or limitations on a temporary or provisional certificate that the
authority considers reasonable and necessary to protect the public. A temporary
or provisional certificate may be held only by a person who:
(a)
Has not received a failing grade on a certification examination approved or
administered by the authority; and
(b)(A)
Has successfully completed the initial training required by authority rule; or
(B)
Is currently working in this or another state as a hemodialysis technician and
is enrolled in a program offering the initial training required by authority
rule.
(3)
Each person holding a certificate under this section shall submit, at the time
of application for renewal of the certificate to the authority, evidence of the
applicant’s satisfactory completion of any continuing education requirements
prescribed by rule by the authority.
(4)
The authority shall prescribe criteria and approve programs of continuing
education.
(5)
Each certification issued under this section, unless sooner suspended or
revoked, shall expire and be renewable after a period of two years. Each
certificate must be renewed on or before June 30 of every second year or on or
before such date as may be specified by authority rule. The authority by rule
shall establish a schedule of certificate renewals under this subsection and
shall prorate the fees to reflect any shorter certificate period. [1997 c.580 §6;
2007 c.768 §50; 2009 c.595 §1099]
688.655 Grounds for denying, suspending or
revoking certificate; investigation; duty to report; confidential information;
liability of person who reports. (1) The
certification of a hemodialysis technician may be denied, suspended or revoked
in accordance with the provisions of ORS chapter 183 for any of the following:
(a)
Failure to complete continuing education requirements.
(b)
The use of fraud or deception in receiving a certificate.
(c)
Habitual or excessive use of intoxicants or drugs.
(d)
The presence of a mental disorder that demonstrably affects a technician’s
performance, as certified by two psychiatrists retained by the Oregon Health
Authority.
(e)
Conviction of a criminal offense that the authority considers reasonably
related to the fitness of the person to practice hemodialysis.
(f)
Suspension or revocation of a hemodialysis technician certificate issued by
another state.
(g)
Gross negligence or repeated negligence in rendering hemodialysis care.
(h)
Any reason identified by authority rule as rendering the applicant unfit to
perform the duties of a hemodialysis technician.
(2)
The authority may investigate any evidence that appears to show that a
hemodialysis technician certified by the authority is or may be medically
incompetent or is or may be guilty of unprofessional or dishonorable conduct or
is or may be mentally or physically unable to safely function as a hemodialysis
technician.
(3)
Any dialysis facility or center, any hemodialysis technician certified under
ORS 688.650, any physician licensed under ORS chapter 677 or any registered
nurse licensed under ORS 678.010 to 678.410 shall report to the authority any
information the person may have that appears to show that a hemodialysis
technician is or may be medically incompetent or is or may be guilty of
unprofessional or dishonorable conduct or is or may be mentally or physically
unable to safely function as a hemodialysis technician.
(4)
Information provided to the authority pursuant to this section is confidential
and shall not be subject to public disclosure, nor shall it be admissible as
evidence in any judicial proceeding.
(5)
Any person who reports or provides information to the authority under this
section and who provides information in good faith shall not be subject to an
action for civil damage as a result thereof. [1997 c.580 §7; 2009 c.595 §1100]
688.660 Grounds for discipline of
certificate holder; civil penalty; assessment of disciplinary proceeding cost.
(1) The Oregon Health Authority may discipline a person certified as a
hemodialysis technician who has:
(a)
Admitted the facts of a complaint alleging the person is guilty of violation of
one or more of the grounds for suspension or revocation of a certificate as set
forth in ORS 688.655.
(b)
Been found guilty in accordance with ORS chapter 183 of violation of one or
more of the grounds for suspension or revocation of certification as set forth
in ORS 688.655.
(2)
In disciplining a technician, the authority may use any or all of the following
methods:
(a)
Suspend judgment.
(b)
Place the technician on probation.
(c)
Suspend the technician’s certificate.
(d)
Revoke the technician’s certificate.
(e)
Place limitations on the ability of the technician to practice hemodialysis in
this state.
(f)
Take such other disciplinary action as the authority in its discretion finds
proper, including assessment of the costs of the disciplinary proceedings, not
to exceed $1,000, as a civil penalty or assessment of a civil penalty not to
exceed $1,000.
(3)
In addition to the action authorized by subsection (2) of this section, the
authority may temporarily suspend a certificate or license without a hearing,
simultaneously with the commencement of proceedings under ORS chapter 183, if
the authority finds that evidence in its possession indicates that a
continuation in practice of the technician constitutes an immediate danger to
the public.
(4)
If the authority places a technician on probation, the authority may determine,
and may at any time modify, the conditions of the probation and may include
among them any reasonable condition for the purpose of protection of the public
and for the purpose of the rehabilitation of the technician. Upon expiration of
the term of probation, further proceedings shall be abated if the technician
has complied with the terms of the probation.
(5)
Civil penalties under this section shall be imposed as provided in ORS 183.745.
[1997 c.580 §8; 2009 c.595 §1101]
688.665 Rules.
The Oregon Health Authority shall adopt rules that the authority considers
necessary and proper to enforce ORS 688.625 to 688.665. [1997 c.580 §9; 2009
c.595 §1102]
ATHLETIC TRAINERS
688.700 [1993
c.744 §253; 1995 c.449 §8; repealed by 1999 c.736 §16]
688.701 Definitions for ORS 688.701 to
688.734.
As used in ORS 688.701 to 688.734:
(1)
“Athlete” means any individual participating in fitness training and
conditioning, sports or other competitions, practices or activities requiring
physical strength, agility, flexibility, range of motion, speed or stamina,
generally conducted in association with an educational institution, or
professional or amateur sports activity.
(2)
“Athletic injury” means an injury occurring as the result of participating as
an athlete.
(3)
“Board” means the Board of Athletic Trainers.
(4)
“Practice athletic training” means the application by a registered athletic
trainer of principles and methods of:
(a)
Prevention of athletic injuries;
(b)
Recognition, evaluation and immediate care of athletic injuries;
(c)
Rehabilitation and reconditioning of athletic injuries;
(d)
Health care administration; and
(e)
Education and counseling.
(5)
“Registered athletic trainer” means a person who is registered in accordance
with ORS 688.720. [1999 c.736 §1]
688.705 Board of Athletic Trainers; appointment;
membership; terms. (1) There is established within
the Oregon Health Licensing Agency the Board of Athletic Trainers, consisting
of five members appointed by the Governor. In making appointments to the board,
the Governor shall take into consideration nominations received from
professional organizations of athletic trainers that are based in Oregon.
(2)
Of the membership of the Board of Athletic Trainers:
(a)
All members must be residents of this state.
(b)
Three members must be athletic trainers who have practiced continuously in this
state for the three years prior to the date of appointment.
(c)
One member must be a member of the general public who is not an athletic
trainer.
(d)
One member must be a physician licensed under ORS chapter 677.
(3)
The term of office of each member of the board is four years, but a member
serves at the pleasure of the Governor. Vacancies shall be filled by the
Governor by appointment for the unexpired term. A member shall hold the member’s
office until the appointment and qualification of a successor. A member is
eligible for reappointment. If a person serves two consecutive full terms, a
period of at least four years must elapse before the person is again eligible
for appointment to serve on the board.
(4)
A member of the board is entitled to compensation and expenses as provided in
ORS 292.495. [1999 c.736 §2; 2005 c.648 §15; 2009 c.701 §24]
688.707 Officers; quorum; meetings.
(1) The Board of Athletic Trainers shall elect one of its members as
chairperson and another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of those offices as the
board determines.
(2)
A majority of the members of the board constitutes a quorum for the transaction
of business.
(3)
The Board of Athletic Trainers shall meet at least once each year at a time and
place determined by the Oregon Health Licensing Agency. [1999 c.736 §3; 2005
c.648 §16]
688.709 Board duties; rules.
The Board of Athletic Trainers shall:
(1)
Advise the Oregon Health Licensing Agency about the adoption of rules necessary
for the administration of ORS 688.701 to 688.734.
(2)
Determine training and education requirements for registration as described in
ORS 688.720.
(3)
Determine qualifications and documentation required for registrations, permits,
temporary registrations and waivers.
(4)
Determine requirements for reciprocity and equivalency for the practice of
athletic training.
(5)
Establish a code of professional responsibility and standards of practice for
registered athletic trainers.
(6)
Develop, approve or recognize a written examination to test an applicant’s
knowledge of the basic and clinical sciences relating to athletic training
techniques and methods and any other subjects the board may determine to be
necessary to assess an applicant’s fitness to practice athletic training.
(7)
Establish standards for acceptable performance, including but not limited to a
passing score on the approved or recognized competency examination.
(8)
Establish continuing education requirements for renewal of registration.
(9)
Establish policies and criteria for the assessment of the quality of the
practice of athletic trainers.
(10)
Adopt rules that include provisions describing procedures, when appropriate,
for collaboration between athletic trainers and physicians licensed pursuant to
ORS chapter 677. [1999 c.736 §4; 2005 c.648 §17]
688.715 Authority of Oregon Health
Licensing Agency; rules; fees; investigations.
The Oregon Health Licensing Agency is granted authority to carry out the
following duties:
(1)
Adopt rules that are necessary to conduct business, carry out duties and
administer the provisions of ORS 688.701 to 688.734.
(2)
Issue registrations, including temporary registrations, permits, waivers and
other authorizations to practice athletic training as determined by the Board
of Athletic Trainers.
(3)
Establish and collect fees and charges to carry out its legal responsibilities.
(4)
Authorize all necessary disbursements to carry out the provisions of ORS
688.701 to 688.734, including but not limited to payment for necessary
supplies, office equipment, books and expenses for the conduct of examinations,
payment for legal and investigative services rendered to the agency and such
other expenditures as are provided for in ORS 688.701 to 688.734.
(5)
Employ inspectors, examiners, special agents, investigators, clerical
assistants and accountants as are necessary for the investigation and
prosecution of alleged violations and the enforcement of ORS 688.701 to
688.734, and for such other purposes as the agency may require. Nothing in ORS
688.701 to 688.734 shall be construed to prevent assistance being rendered by
an employee of the agency in any hearing called by it. However, all obligations
for salaries and expenses incurred under ORS 688.701 to 688.734 shall be paid
only from the fees accruing to the agency under ORS 688.701 to 688.734.
(6)
The agency shall provide the board with such administrative services and
employees as the board requires to carry out its duties.
(7)
Maintain an accurate record of all proceedings of the board and of all its meetings,
receipts and disbursements, civil penalties and orders for violation of ORS
688.701 to 688.734, records for registration to practice athletic training
together with the addresses of those registered, and the names of all persons
whose registration has been subject to disciplinary action.
(8)
Investigate complaints, take disciplinary action, including assessment of civil
penalties, and provide opportunity for hearing according to ORS 183.745.
(9)
Administer oaths, issue notices and subpoenas in the name of the board, enforce
subpoenas in the manner authorized by ORS 183.440, hold hearings and perform
such other acts as are reasonably necessary to carry out duties of the board
granted under ORS 688.701 to 688.734. [1999 c.736 §5; 2001 c.104 §263; 2005 c.648
§18; 2011 c.597 §281]
688.718 Registration required; exceptions.
(1) A person may not practice athletic training or claim to be a registered
athletic trainer unless the person is registered under ORS 688.720.
(2)
Nothing in ORS 688.701 to 688.734 is intended to:
(a)
Limit, preclude or otherwise interfere with the practices of health care
providers or other persons licensed or registered in this state under any other
statutes, or prevent health care providers or other persons from engaging in
the profession or occupation for which the health care provider or person is
licensed or registered;
(b)
Prevent any person from practicing athletic training if the person is employed
as an athletic trainer by the federal government or any of its agencies;
(c)
Preclude any person from pursuing a supervised course of study leading to a
degree or registration as an athletic trainer in an accredited or approved
educational program if the person is identified by a title that clearly
indicates student or trainee status;
(d)
Prevent any person from completing any supervised practical experience
requirements established by the Board of Athletic Trainers by rule; or
(e)
Prohibit any person from performing athletic training services in this state
for purposes of continuing education, consulting or training if the services
are performed for no more than 60 days in any calendar year and are performed
in association with a registered athletic trainer if the person is:
(A)
Registered or licensed and in good standing as an athletic trainer in another
state; or
(B)
Certified by and in good standing as an athletic trainer with the National
Athletic Trainers Association Board of Certification.
(3)
Nothing in ORS 688.701 to 688.734 shall be construed to require registration of
elementary or secondary school teachers, coaches or volunteers who do not hold
themselves out to the public to be athletic trainers. [1999 c.736 §6]
688.720 Requirements for registration.
An applicant for registration as an athletic trainer under ORS 688.701 to
688.734 shall be issued a registration if the applicant has:
(1)
Provided to the Board of Athletic Trainers adequate proof of receipt of a
bachelor’s degree from an accredited four-year college or university and has
met the minimum athletic training curriculum requirements established by the
Board of Athletic Trainers and adopted by rule;
(2)
Successfully completed the certification examination administered by the
National Athletic Trainers Association Board of Certification or equivalent
examination approved or recognized by the Board of Athletic Trainers;
(3)
Completed any other requirements for registration as determined by the Board of
Athletic Trainers and adopted by rule;
(4)
Submitted to the Board of Athletic Trainers adequate documentation that the
applicant is at least 18 years of age; and
(5)
Paid all fees required for registration. [1999 c.736 §8; 2003 c.547 §9]
688.724 Registration renewal; late
renewal; reactivation; reinstatement; rules. (1)
Except as provided in subsection (5) of this section, an athletic trainer
registration expires on the last day of the month, one year from the date of
issuance.
(2)
The filing of a registration renewal form is the responsibility of the
registrant. The registrant must submit to the Oregon Health Licensing Agency a
completed renewal application, required renewal fee and satisfactory evidence
of having completed any required continuing education credits on or before the
expiration date of the registration as specified by agency rule.
(3)
The agency shall adopt by rule requirements for late renewal of a registration,
reactivation of an expired registration or reinstatement of a registration that
has been expired for more than three consecutive years.
(4)
If the registration of an athletic trainer has been denied, suspended or
revoked for commission of a prohibited act under ORS 676.612, the agency may
refuse to issue or renew the registration for up to one year from the date of
denial, suspension or revocation.
(5)
The agency may vary the date of registration renewal by giving the applicant
written notice of the renewal date being assigned and by making prorated
adjustments to the renewal fee. [1999 c.736 §9; 2005 c.648 §19; 2009 c.701 §25]
688.728 Fees; rules; disposition of
receipts. (1) The Oregon Health Licensing Agency
shall establish by rule and collect fees and charges for the following related
to athletic trainers:
(a)
Application;
(b)
Original registration;
(c)
Registration renewal;
(d)
Temporary practice registration;
(e)
Examinations;
(f)
Registration reactivation;
(g)
Delinquent renewal;
(h)
Replacement or duplicate registration;
(i)
Reciprocity; and
(j)
Providing copies of official documents or records and for recovering
administrative costs associated with compiling, photocopying or preparing and
delivering the records.
(2)
All moneys received by the agency under subsection (1) of this section shall be
paid into the General Fund of the State Treasury and credited to the Oregon
Health Licensing Agency Account, and are appropriated continuously to and shall
be used by the agency as authorized by ORS 676.625. [1999 c.736 §10; 1999 c.885
§50b; 2003 c.547 §10; 2005 c.648 §20; 2009 c.701 §26]
688.730 Use of title.
(1) A person who is a registered athletic trainer under ORS 688.701 to 688.734
may use the title “Athletic Trainer, Registered” and the abbreviation “ATR.”
(2)
A person who is a registered athletic trainer under ORS 688.701 to 688.734 and
who is certified by the National Athletic Trainers Association Board of
Certification may use the title “Athletic Trainer, Certified/Registered” and
the abbreviation “ATC/R.” [1999 c.736 §7]
688.734 Disciplinary authority of Oregon
Health Licensing Agency. In the manner prescribed in ORS
chapter 183 for contested cases and in consultation with the Board of Athletic
Trainers, the Oregon Health Licensing Agency may impose a form of discipline
listed in ORS 676.612 against any person practicing athletic training for any
of the grounds listed in ORS 676.612 and for any violation of the provisions of
ORS 688.701 to 688.734 or the rules adopted thereunder. [2003 c.547 §11; 2005
c.648 §22]
RESPIRATORY THERAPISTS AND POLYSOMNOGRAPHIC
TECHNOLOGISTS
688.800 Definitions for ORS 688.800 to
688.840. As used in ORS 688.800 to 688.840:
(1)
“Polysomnographic technologist” means a person licensed under ORS 688.819.
(2)
“Polysomnography” means the treatment, management, diagnostic testing,
education and care of patients with disorders related to sleep. “Polysomnography”
includes, but is not limited to:
(a)
The use of the following during treatment, management, diagnostic testing,
education and care of patients with disorders related to sleep:
(A)
Supplemental low-flow oxygen therapy, using up to six liters per minute of
oxygen;
(B)
Continuous or bilevel positive airway pressure titration on spontaneously
breathing patients using a mask or oral appliance, if the mask or oral
appliance does not extend into the trachea or attach to an artificial airway;
(C)
Capnography;
(D)
Cardiopulmonary resuscitation;
(E)
Pulse oximetry;
(F)
Sleep staging, including surface electroencephalography, surface
electrooculography and submental surface electromyography;
(G)
Electrocardiography;
(H)
Respiratory effort monitoring, including thoracic and abdominal movement
monitoring;
(I)
Plethysmography blood flow monitoring;
(J)
Snore monitoring;
(K)
Audio or video monitoring of movement or behavior;
(L)
Body movement monitoring;
(M)
Nocturnal penile tumescence monitoring, when performed in a facility approved
by the Respiratory Therapist and Polysomnographic Technologist Licensing Board;
(N)
Nasal and oral airflow monitoring;
(O)
Body temperature monitoring; or
(P)
Portable monitoring devices and other medical equipment used to treat sleep
disorders;
(b)
Analyzing data for the purpose of assisting a physician who diagnoses and
treats disorders related to sleep;
(c)
Implementation and monitoring of durable medical equipment used in the
treatment of sleep disorders; and
(d)
Educating patients and immediate family members of patients regarding testing
and treatment of sleep disorders.
(3)
“Qualified medical director for polysomnography” means the medical director of
an inpatient or outpatient polysomnography facility who is a physician licensed
under ORS chapter 677, has special interest and knowledge in the diagnosis and
treatment of sleep disorders and is actively practicing in the field of sleep
disorders.
(4)
“Qualified medical director for respiratory care” means the medical director of
any inpatient or outpatient respiratory care service, department or home care
agency who is a physician licensed under ORS chapter 677 and who has special
interest and knowledge in the diagnosis and treatment of respiratory problems.
(5)
“Respiratory care” means the treatment, management, diagnostic testing, control
and care of patients with deficiencies and abnormalities associated with the
cardiopulmonary system. “Respiratory care” includes, but is not limited to:
(a)
Direct and indirect respiratory care services, including but not limited to the
administration of pharmacological, diagnostic and therapeutic agents related to
respiratory care procedures necessary to implement a treatment, disease
prevention, pulmonary rehabilitative or diagnostic regimen prescribed by a physician;
(b)
Transcription and implementation of the written or verbal orders of a physician
pertaining to the practice of respiratory care;
(c)
Observing and monitoring signs and symptoms, reactions, general behaviors,
general physical responses to respiratory care treatment and diagnostic
testing, including determination of whether such signs, symptoms, reactions,
general behaviors or general physical responses exhibit abnormal
characteristics;
(d)
Implementation based on observed abnormalities, or appropriate reporting,
referral, respiratory care protocols or changes in treatment, pursuant to a
prescription by a person authorized to practice medicine under the laws of this
state; and
(e)
The initiation of emergency procedures under the rules of the board or as
otherwise permitted under ORS 688.800 to 688.840.
(6)
“Respiratory care practitioner” means a person licensed under ORS 688.815.
(7)
“Respiratory care services” means cardiopulmonary care services including, but
not limited to, the diagnostic and therapeutic use of the following:
(a)
Except for the purpose of anesthesia, administration of medical gases, aerosols
and humidification;
(b)
Environmental control mechanisms and hyperbaric therapy;
(c)
Pharmacologic agents related to respiratory care procedures;
(d)
Mechanical or physiological ventilatory support;
(e)
Bronchopulmonary hygiene;
(f)
Cardiopulmonary resuscitation;
(g)
Maintenance of the natural airway;
(h)
Maintenance of artificial airways;
(i)
Specific diagnostic and testing techniques employed in the medical management
of patients to assist in diagnosis, monitoring, treatment and research of
pulmonary abnormalities, including measurements of ventilatory volumes,
pressures and flows, collection of specimens of blood and blood gases, expired
and inspired gas samples, respiratory secretions and pulmonary function
testing; and
(j)
Hemodynamic and other related physiologic measurements of the cardiopulmonary
system. [1997 c.792 §1; 1999 c.885 §32; 2005 c.648 §42; 2011 c.715 §1]
688.802 License required to practice
respiratory care. A person may not practice
respiratory care or claim to be a respiratory care practitioner unless the
person is licensed under ORS 688.815. [2011 c.715 §6]
688.803 License required to practice
polysomnography. A person may not practice
polysomnography or claim to be a polysomnographic technologist unless the
person is licensed under ORS 688.819. [2011 c.715 §7]
Note:
688.803 becomes operative January 1, 2013. See section 23 (2), chapter 715,
Oregon Laws 2011.
688.805 Exceptions to license requirements;
practice requirements. (1) Nothing in ORS 688.800 to
688.840 is intended to limit, preclude or otherwise interfere with the
practices of other persons and health providers licensed by appropriate
agencies of this state.
(2)
Nothing in ORS 688.800 to 688.840 prohibits:
(a)
The practice of respiratory care by a student enrolled in a respiratory care
education program approved by the American Medical Association in collaboration
with the Joint Review Committee for Respiratory Therapy Education or their
successors or equivalent organizations, as approved by the Respiratory
Therapist and Polysomnographic Technologist Licensing Board.
(b)
The practice of polysomnography by a student who is:
(A)
Enrolled in an educational program for polysomnography approved by the board;
and
(B)
In the physical presence of a supervisor approved by the board.
(c)
Self-care by a patient, or gratuitous care by a friend or family member who
does not claim to be a respiratory care practitioner.
(d)
Respiratory care services rendered in the course of an emergency.
(3)
Persons in the military services or working in federal facilities are exempt
from the provisions of ORS 688.800 to 688.840 when functioning in the course of
assigned duties.
(4)
Nothing in ORS 688.800 to 688.840 is intended to permit the practice of
medicine by a person licensed to practice respiratory care or polysomnography
unless the person is also licensed to practice medicine.
(5)
The practice of respiratory care:
(a)
May be performed in any clinic, hospital, skilled nursing facility, private
dwelling or other setting approved by the board.
(b)
Must be performed in accordance with the prescription or verbal order of a
physician and shall be performed under a qualified medical director for
respiratory care.
(6)
The practice of polysomnography:
(a)
May be performed in a clinic, hospital, skilled nursing facility, sleep center,
sleep laboratory, physician’s office, private dwelling or other setting
approved by the board.
(b)
Must be performed in accordance with the prescription or verbal order of a
physician or physician assistant licensed under ORS chapter 677 or a nurse
practitioner licensed under ORS 678.375 to 678.390 and under the direction of a
qualified medical director for polysomnography. [1997 c.792 §7; 2011 c.715 §2]
688.807 Exemptions for practice of
polysomnography and respiratory care by licensed individuals.
Notwithstanding ORS 688.805:
(1)
ORS 688.800 to 688.840 do not prohibit a respiratory care practitioner from
practicing polysomnography in accordance with the prescription or verbal order
of a physician and under the direction of a qualified medical director for
respiratory care or for polysomnography.
(2)
A polysomnographic technologist may not practice respiratory care without a
license issued under ORS 688.815, unless the act is within the scope of
practice of a polysomnographic technologist. [2011 c.715 §9]
Note:
688.807 becomes operative January 1, 2013. See section 23 (2), chapter 715,
Oregon Laws 2011.
688.810 Use of titles.
(1) A respiratory care practitioner may use the title “Licensed Respiratory
Care Practitioner” and the abbreviation “LRCP.”
(2)
A polysomnographic technologist may use the title “Licensed Polysomnographic
Technologist” and the abbreviation “LPSGT.” [1997 c.792 §8; 2011 c.715 §3]
688.815 License to practice respiratory
care; examination; license by endorsement or reciprocity; renewal; reactivation;
reinstatement; rules. (1) An applicant for a license
to practice respiratory care shall:
(a)
Submit to the Oregon Health Licensing Agency written evidence that the
applicant:
(A)
Is at least 18 years of age;
(B)
Has completed an approved four-year high school course of study or the
equivalent as determined by the appropriate educational agency; and
(C)
Has completed a respiratory care education program approved by the American
Medical Association in collaboration with the Joint Review Committee for
Respiratory Therapy Education or their successors or equivalent organizations,
as approved by the Respiratory Therapist and Polysomnographic Technologist
Licensing Board; and
(b)
Pass an examination approved by the board.
(2)
The agency may issue a license to practice respiratory care by endorsement or
reciprocity to:
(a)
An applicant who is currently licensed to practice respiratory care under the
laws of another state, territory or country if the qualifications of the
applicant are considered by the agency to be equivalent to those required in
this state; or
(b)
An applicant holding an active credential conferred by the National Board for
Respiratory Care as a Certified Respiratory Therapist (CRT) or as a Registered
Respiratory Therapist (RRT), or both.
(3)
Except as provided in subsection (7) of this section, all licenses expire on
the last day of the month, one year from the date of issuance.
(4)
To renew a license to practice respiratory care, a licensee must submit to the
agency a completed renewal application, required renewal fee and satisfactory
evidence of completion of any required continuing education credits on or
before the expiration date of the license as specified by agency rule.
(5)
The agency shall adopt by rule requirements for late renewal of a license,
reactivation of an expired license or reinstatement of a license that has been
expired for more than three consecutive years.
(6)
If the license of a respiratory care practitioner has been denied, suspended or
revoked for commission of a prohibited act under ORS 676.612, the agency may
refuse to issue or renew the license for up to one year from the date of
denial, suspension or revocation.
(7)
The agency may vary the date of license renewal by giving the applicant written
notice of the renewal date being assigned and by making prorated adjustments to
the renewal fee. [1997 c.792 §6; 2001 c.40 §1; 2003 c.547 §32; 2005 c.21 §9;
2005 c.648 §43; 2009 c.701 §27; 2011 c.715 §4]
688.817 [2001
c.40 §5; repealed by 2003 c.547 §118]
688.818 [2001
c.40 §6; repealed by 2003 c.547 §118]
688.819 Polysomnographic technologist
license; license by endorsement; renewal; reactivation; reinstatement;
temporary permit; rules. (1) An applicant for a
polysomnographic technologist license shall:
(a)
Submit to the Oregon Health Licensing Agency written evidence that the
applicant:
(A)
Is at least 18 years of age;
(B)
Has completed an approved four-year high school course of study or the
equivalent as determined by the appropriate educational agency; and
(C)
Has completed a polysomnography education program approved by the Respiratory
Therapist and Polysomnographic Technologist Licensing Board; and
(b)
Pass an examination approved by the board.
(2)
The agency may issue a polysomnographic technologist license by endorsement or
reciprocity to:
(a)
An applicant who is currently licensed to practice polysomnography under the
laws of another state, territory or country if the qualifications of the
applicant are considered by the agency to be equivalent to those required in
this state; or
(b)
An applicant holding an active credential approved by the board.
(3)
Except as provided in subsection (7) of this section, all licenses expire on
the last day of the month, one year from the date of issuance.
(4)
To renew a polysomnographic technologist license, a licensee must submit to the
agency a completed renewal application, required renewal fee and satisfactory
evidence of completion of any required continuing education credits on or
before the expiration date of the license as specified by agency rule.
(5)
The agency shall adopt by rule requirements for late renewal of a license,
reactivation of an expired license or reinstatement of a license that has been
expired for more than three consecutive years.
(6)
If a polysomnographic technologist license has been denied, suspended or
revoked for commission of a prohibited act under ORS 676.612, the agency may
refuse to issue or renew the license for up to one year from the date of
denial, suspension or revocation.
(7)
The agency may vary the date of license renewal by giving the applicant written
notice of the renewal date being assigned and by making prorated adjustments to
the renewal fee.
(8)
The agency may issue a temporary permit to practice polysomnography in
accordance with rules adopted by the agency. [2011 c.715 §8]
688.820 Respiratory Therapist and
Polysomnographic Technologist Licensing Board; qualification of members; terms;
compensation. (1) There is established within the
Oregon Health Licensing Agency the Respiratory Therapist and Polysomnographic
Technologist Licensing Board. The board consists of seven members appointed by
the Governor and subject to confirmation by the Senate in the manner provided
in ORS 171.562 and 171.565. All members of the board must be residents of this
state.
(2)
Of the members of the board:
(a)
Three must be respiratory care practitioners;
(b)
Two must be individuals who practice polysomnography;
(c)
One must be a qualified medical director for polysomnography or for respiratory
care; and
(d)
One must be a member of the general public.
(3)
Board members required to be respiratory care practitioners or individuals who
practice polysomnography must have engaged in the practice of respiratory care
or polysomnography for a period of five or more years immediately preceding
appointment to the board.
(4)(a)
Board members may be selected by the Governor from a list of three to five
nominees for each vacancy, submitted by the Oregon Society for Respiratory Care
or another professional organization representing respiratory care
practitioners or polysomnographic technologists.
(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.
(5)(a)
The term of office of each member of the board is four years, but a member
serves at the pleasure of the Governor. The terms must be staggered so that no
more than two terms end each year. Vacancies shall be filled by the Governor by
appointment for the unexpired term. A member shall hold the member’s office
until the appointment and qualification of a successor. A member is eligible
for reappointment. If a person serves two consecutive full terms, a period of
at least four years must elapse before the person is again eligible for appointment
to serve on the board.
(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 respiratory care practitioner or a retired respiratory care
practitioner whose license was in good standing at the time of retirement, if
the member was appointed to serve as a respiratory care practitioner; or
(D)
Is not an individual who practices polysomnography, if the member was appointed
to serve as an individual who practices polysomnography.
(6)
A member of the board is entitled to compensation and expenses as provided in
ORS 292.495. The agency 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. [1997 c.792 §2; 1999 c.885 §33; 2005 c.648 §44; 2009
c.535 §28; 2009 c.701 §28a; 2011 c.715 §10]
Note:
Section 24, chapter 715, Oregon Laws 2011, provides:
Sec. 24. (1)
The amendments to ORS 688.820 by section 10 of this 2011 Act apply to
appointments to the Respiratory Therapist and Polysomnographic Technologist
Licensing Board made on or after January 1, 2012.
(2)
A member serving on the Respiratory Therapist Licensing Board on December 31,
2011, continues to serve until the term of office for which the member was
appointed terminates by expiration of time, resignation from the board by the
member or removal of the member from office. [2011 c.715 §24]
688.825 Selection of board chairperson;
quorum; meetings. (1) The Respiratory Therapist
and Polysomnographic Technologist Licensing Board shall select one of its
members as chairperson and another as vice chairperson, for those terms and
with duties and powers necessary for the performance of the functions of those
offices as the board determines.
(2)
A majority of the members of the board constitutes a quorum for the transaction
of business.
(3)
The board shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the board. [1997 c.792 §3; 2011
c.715 §11]
688.830 Duties of Oregon Health Licensing
Agency and of board; rules. (1) The Oregon Health Licensing
Agency shall:
(a)
Determine the qualifications and fitness of applicants for licensure, renewal
of license and reciprocal licenses under ORS 688.800 to 688.840.
(b)
Adopt rules that are necessary to conduct its business related to, carry out
its duties under and administer ORS 688.800 to 688.840.
(c)
Examine, approve, issue, deny, revoke, suspend and renew licenses to practice
respiratory care and polysomnography under ORS 688.800 to 688.840.
(d)
Maintain a public record of persons licensed by the agency to practice
respiratory care and polysomnography.
(2)
The Respiratory Therapist and Polysomnographic Technologist Licensing Board
shall:
(a)
Establish standards of practice and professional responsibility for persons
licensed by the agency.
(b)
Establish continuing education requirements for renewal of a license.
(c)
Provide for waivers of examinations, grandfathering requirements and temporary
licenses as considered appropriate. [1997 c.792 §5; 2001 c.40 §2; 2003 c.547 §36;
2005 c.648 §45; 2007 c.71 §224; 2011 c.715 §12]
688.834 Fees; rules; disposition of
receipts. (1) The Oregon Health Licensing Agency
shall establish by rule and collect fees and charges for the following related
to respiratory care practitioners and polysomnographic technologists:
(a)
Application;
(b)
Examinations;
(c)
Original license;
(d)
License renewal;
(e)
License reactivation;
(f)
Replacement or duplicate license;
(g)
Delinquent renewal;
(h)
Reciprocity; and
(i)
Providing copies of official documents or records and for recovering
administrative costs associated with compiling, photocopying or preparing and
delivering the records.
(2)
All moneys received by the agency under subsection (1) of this section shall be
paid into the General Fund of the State Treasury and credited to the Oregon
Health Licensing Agency Account, and are appropriated continuously to and shall
be used by the agency as authorized by ORS 676.625. [2003 c.547 §30; 2005 c.648
§46; 2009 c.701 §29; 2011 c.715 §13]
688.835 [1997
c.792 §4; 2001 c.40 §3; repealed by 2003 c.547 §118]
688.836 Disciplinary authority of Oregon
Health Licensing Agency. In the manner prescribed in ORS
chapter 183 for contested cases, the Oregon Health Licensing Agency may impose
a form of discipline specified in ORS 676.612 against any person practicing
respiratory care or polysomnography for any of the grounds listed in ORS
676.612 and for any violation of the provisions of ORS 688.800 to 688.840, or
the rules adopted thereunder. [2003 c.547 §34; 2005 c.648 §47; 2011 c.715 §14]
688.838 Duty to report prohibited conduct.
Unless state or federal laws relating to confidentiality or the protection of
health information prohibit disclosure, a respiratory care practitioner or
polysomnographic technologist who has reasonable cause to believe that a
licensee of another board has engaged in prohibited conduct as defined in ORS
676.150 shall report the prohibited conduct in the manner provided in ORS
676.150. [2009 c.536 §30; 2011 c.715 §15]
688.840 Immunity from civil liability.
The Respiratory Therapist and Polysomnographic Technologist Licensing Board and
its members and the Oregon Health Licensing Agency and its employees and
contractors are immune from any civil liability arising from good faith actions
taken pursuant to ORS 688.800 to 688.840. [2001 c.40 §7; 2005 c.648 §48; 2011
c.715 §16]
PENALTIES
688.915 Civil penalty for violation of ORS
688.405 to 688.605 or rules. (1) In
addition to any other sanction authorized by law, the Board of 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 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
Medical Imaging Account established under ORS 688.585. [1991 c.585 §§1,2; 2005
c.726 §16; 2009 c.833 §24]
688.990 Criminal penalties.
Violation of any provision of ORS 688.020, 688.120, 688.415 or 688.425 is a
Class A misdemeanor. [1959 c.461 §25; subsection (2) enacted as 1977 c.534 §21;
1989 c.171 §80; 2005 c.627 §14; 2011 c.597 §283]
688.995 Criminal penalty for violation of
ORS 688.800 to 688.840. Violation of any provision of
ORS 688.800 to 688.840, or of any rule adopted thereunder, is a Class B
misdemeanor. [1997 c.792 §9; 2003 c.547 §37]
688.997 Criminal penalty for violation of
ORS 688.718. Violation of ORS 688.718 (1) is a Class
B misdemeanor. [2003 c.547 §8]
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