Bill Text: OR HB2104 | 2013 | Regular Session | Enrolled
Bill Title: Relating to medical imaging.
Spectrum: Unknown
Status: (Passed) 2013-05-13 - Chapter 87, (2013 Laws): Effective date January 1, 2014. [HB2104 Detail]
Download: Oregon-2013-HB2104-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2104
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Board of Medical Imaging)
CHAPTER ................
AN ACT
Relating to medical imaging; amending ORS 688.405, 688.415,
688.435 and 688.557.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 688.405 is amended to read:
688.405. As used in ORS 688.405 to 688.605:
(1) 'Approved school' 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) { + (a) + } '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
Enrolled House Bill 2104 (HB 2104-A) Page 1
radiation such as radiofrequency or microwaves, visible, infrared
or ultraviolet light or ultrasound. - }
{ + (b) 'Ionizing radiation' does not include nonionizing
radiation. + }
(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) { + (a) + } '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 - } { + .
(b) 'Medical imaging' + }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) 'Nonionizing radiation' includes radiation such as
radiofrequency or microwaves, visible, infrared or ultraviolet
light or ultrasound. + }
{ - (19) - } { + (20) + } '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) - } { + (21) + } 'Radiation therapy' means the use
of ionizing radiation on a human being for therapeutic purposes.
{ - (21) - } { + (22) + } 'Radiographer' means a person
other than a licensed physician who performs a comprehensive set
of diagnostic radiographic procedures under the supervision of a
Enrolled House Bill 2104 (HB 2104-A) Page 2
licensed physician using external ionizing radiation to produce
radiographic, fluoroscopic or digital images.
{ - (22) - } { + (23) + } 'Radiography' means the use of
ionizing radiation to produce radiographic, fluoroscopic or
digital images of human anatomy for diagnostic purposes.
{ - (23) - } { + (24) + } '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) - } { + (25) + } 'Student' means an individual
enrolled in:
(a) An approved school; or
(b) A limited X-ray machine operator course of study.
{ - (25) - } { + (26) + } '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.
SECTION 2. ORS 688.415, as amended by section 4, chapter 1,
Oregon Laws 2012, is amended to read:
688.415. (1) A person may not:
{ - (a) Practice any of the medical imaging modalities, use
X-ray equipment or purport to be a medical imaging licensee or a
limited X-ray machine operator if the person is not licensed in
accordance with the provisions of ORS 688.455 or is not the
holder of a limited X-ray machine operator permit issued under
ORS 688.515; - }
{ + (a) 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;
(b) Operate an X-ray machine as described in ORS 688.515 (1)
and (2) or purport to be a limited X-ray machine operator unless
the person holds a valid limited X-ray machine operator permit in
accordance with the provisions of ORS 688.405 to 688.605; + }
{ - (b) - } { + (c) + } Practice any medical imaging
modality or as a limited X-ray machine operator under a false or
assumed name;
{ - (c) - } { + (d) + } Knowingly employ { - any - }
{ + a + } person for the purpose of practicing { - any - }
{ + a + } medical imaging modality or as a limited X-ray machine
operator if { - that - } { + the + } person is not licensed
or does not hold a valid permit in accordance with the provisions
of ORS 688.405 to 688.605;
{ - (d) - } { + (e) + } Obtain or attempt to obtain a
license or permit or a renewal of a license or permit by bribery
or fraudulent representation; { - or - }
{ - (e) - } { + (f) + } Knowingly make a false statement on
an application for a license or permit or a renewal for a license
or permit { - . - } { + ; or
(g) Perform a medical imaging procedure on a person unless the
procedure:
(A) Serves a medical purpose;
(B) Is ordered by a licensed physician, licensed physician
assistant, licensed nurse practitioner, certified registered
nurse anesthetist, as defined in ORS 678.245, or other registered
nurse licensed under ORS chapter 678 who has been authorized by
Enrolled House Bill 2104 (HB 2104-A) Page 3
the Oregon State Board of Nursing to order a medical imaging
procedure; and
(C) Is interpreted by a licensee described in subparagraph (B)
of this paragraph who is acting within the scope of the
licensee's authority. + }
{ - (2) 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. - }
{ + (2) Subsection (1)(g) of this section does not apply to
screening mammography. As used in this subsection, 'screening
mammography' means a radiologic procedure performed on a woman
for the early detection of breast cancer. + }
SECTION 3. ORS 688.435 is amended to read:
688.435. 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.
{ + (5) Persons who use radiation for the purpose of research
or education. As used in this subsection:
(a) 'Education' means a program of study or training:
(A) In which a student, trainee or health care practitioner
learns to practice or improve skills for a profession regulated
by a health professional regulatory board, as defined in ORS
676.160; and
(B)(i) That is accredited by a national or regional
post-secondary accrediting body or organization; or
(ii) That is approved or recognized by a health professional
regulatory board, as defined in ORS 676.160, for purposes related
to being authorized to practice a profession.
(b) 'Research' means systematic investigation, including
research development, testing and evaluation, designed to develop
or contribute to general knowledge and that has been approved by
an institutional review board that provides for the protection of
human research subjects in accordance with federal
regulations. + }
SECTION 4. ORS 688.557 is amended to read:
688.557. For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the Board of 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 - } { + 688.445 and 688.455 + };
(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.
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Enrolled House Bill 2104 (HB 2104-A) Page 4
Passed by House March 19, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate April 30, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2104 (HB 2104-A) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2104 (HB 2104-A) Page 6
