justicedao/ipfs_state_laws huggingface dataset:
337-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule, the Oregon Board of Medical Imaging must give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date. (2) By providing a copy of the Notice to persons on the Board’s mailing list established pursuant to ORS 183.335(8) at least 28 days prior to the effective date . (3) By distributing a copy of the Notice to the following persons, organizations, or publications: (a) American Registry of Radiologic Technologists; (b) American Society of Radiologic Technologists; (c) Oregon Society of Radiologic Technologists; (d) Oregon Medical Association; (e) Oregon Association of Hospitals; (f) Oregon Association of Chiropractic Physicians; (g) Oregon Association of Naturopathic Physicians; (h) Oregon Osteopathic Association; (i) Oregon Podiatry Association; (j) Society of Nuclear Medicine; (k) Pacific Northwest Society of Nuclear Medicine Technologists’ Section; (l) American Registry for Diagnostic Medical Sonography; (m) American Society of Echocardiography; (n) Cardiovascular Credentialing International; (o) Society for Vascular Surgery; (p) Society for Vascular Ultrasound; (q) Society of Diagnostic Medical Sonography; (r) Society of Invasive Cardiovascular Professionals; (s) American Registry of Magnetic Resonance Imaging Technologists. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 355 History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BRT 1-2010, f. & cert. ef. 6-15-10 RT 1-1978, f. & ef. 5-11-78
337-001-0005 Model Rules of Practice Pursuant to ORS 183.341, the Oregon Board of Medical Imaging adopts the Attorney General’s Uniform and Model Rules of Procedure in effect on January 1, 2023. These rules are controlling except as otherwise required by statute or rule. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Board of Radiologic Technology.] Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 183.341 History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 6-1998, f. & cert. ef. 10-16-98 RT 2-1988, f. & cert. ef. 11-9-88 RT 1-1986, f. & ef. 1-31-86 RT 1-1985, f. & ef. 2-21-85 RT 1-1982, f. & ef. 3-11-82 RT 1-1980, f. & ef. 6-10-80 RT 1-1978, f. & ef. 5-11-78
337-001-0050 Time for Requesting a Contested Case Hearing A request for a contested case hearing must be in writing and must be received by the Board within twenty one (21) days from the date the proposed notice of disciplinary action was served. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 183 History: BMI 1-2024, adopt filed 02/02/2024, effective 02/02/2024
337-010-0008 Change of Contact Information (1) Every licensee or permit holder, whether active, pending or sanctioned, shall maintain on file with the Board correct current contact information including: telephone number, email address, residence address, employer and full name. (2) Every licensee or permit holder must notify the board within 30 days of any changes to the contact information. (3) Agency notice by mail, whether registered, certified, or regular, to the licensee's or permit holder current mailing address on file with the board constitutes service on the licensee. A Notice of Proposed Disciplinary Action sent to the licensee or permit holder at the licensee's or permit holder address of record by certified mail or registered mail is sufficient notice even if the licensee or permit holder fails to or refuses to respond to the service or never receives the Notice. Such mailing permits the Board to proceed with disciplinary action in the absence of a request for a hearing. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.525(1) History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BMI 1-2018, amend filed 05/03/2018, effective 05/04/2018 BRT 1-2010, f. & cert. ef. 6-15-10 RT 1-1992, f. & cert. ef. 1-15-92
337-010-0009 Change of Credentialing or License Status Every licensee or permit holder must: (1) Maintain credentialing in their licensed specialty throughout the licensure period. (2) Notify the Board within 30 days of any issuance of any pending or final actions against the licensee or permit holder by the credentialing organization. (3) Notify the Board within 30 days of lapse or suspension of any professional license. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.455 History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BRT 1-2010, f. & cert. ef. 6-15-10
337-010-0010 Qualifications of Radiographer in Diagnostic Field In addition to those qualifications set out in ORS 688.455, applicants for licensure as a radiologic technologist in the diagnostic field must submit evidence of current credentialing by the American Registry of Radiologic Technologists (ARRT) in radiography. The Board will verify current credential status through review of the ARRT directory. If the applicant is not listed in the current ARRT directory, the applicant must request written verification from the ARRT and have the current credential directly submitted to the Board by the ARRT. Statutory/Other Authority: ORS 688 ORS 688.555(1) Statutes/Other Implemented: ORS 688.455 History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 2-2006, f. 12-15-06, cert. ef. 1-1-07 RT 2-1986, f. 4-29-86, ef. 7-1-86 RT 2-1982, f. & ef. 3-11-82 RT 2-1978, f. & ef. 7-7-78
337-010-0011 Qualifications of Computed Tomography Equipment Operators and Merged Technology Equipment Operators’ Licensing (1)(a) Diagnostic Computed Tomography: A licensee who operates computed tomography (CT) equipment, including cone beam CT for diagnosis, must be credentialed in Computed Tomography (CT) by either the American Registry of Radiologic Technologists or the Nuclear Medicine Technology Certification Board or have an active temporary CT license issued by OBMI. (b) Notwithstanding Paragraph (1), a licensee, with a radiography credential from the American Registry of Radiologic Technologists (ARRT), may operate an Extremity Computed Tomography (ECT) machine without having earned a computed tomography credential. (2) Computed Tomography/Nuclear Medicine Hybrid Imaging: Positron Emission-Computed Tomography (PET/CT) or Single Photon Emission-Computed Tomography (SPECT/CT) systems must be operated by technologists with the active credentials R.T.(N) or CNMT(NMTCB) and licensed by the Oregon Board of Medical Imaging (OBMI). (a) A registered radiation therapist with the credential R.T. (T): (A) May only operate CT for localization; and (B) May not operate CT for diagnostic purposes; and (C) May operate the diagnostic portion of the CT hybrid imager if they hold a CT credential from ARRT, or have an active temporary CT license issued by OBMI. (b) Registered certified nuclear medicine technologists with the active credentials R.T. (N) or CNMT (NMTCB) may operate SPECT and PET with non-diagnostic CT and the attenuation correction portion of the hybrid imager. Registered Certified Nuclear Medicine technologists that hold a CT credential or have an active temporary CT license issued by OBMI, may operate the diagnostic portion of the CT scanner. (3) Computed Tomography for Radiation Therapy Treatment Planning Purposes: A licensee who operates CT equipment for radiation therapy treatment planning purposes must be credentialed in Radiation Therapy or CT by the ARRT or the Nuclear Medicine Technology Certification Board (NMTCB). (4) On a case-by-case basis, the Board may waive a credential requirement of this rule for a licensed technologist, based upon the rule definitions in OAR 337-010-0006. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.480 History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BMI 3-2018, amend filed 10/30/2018, effective 11/01/2018 BMI 1-2017, f. & cert. ef. 8-9-17 BMI 1-2015, f. & cert. ef. 3-10-15 BMI 3-2014(Temp), f. & cert. ef. 10-21-14 thru 4-19-15 BMI 2-2014, f. & cert. ef. 10-20-14 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 2-2006, f. 12-15-06, cert. ef. 1-1-07
337-010-0013 Qualifications of Magnetic Resonance Imaging Technologist An individual who operates Magnetic Resonance Imaging (MRI) equipment must submit evidence of current credentialing in MRI by the American Registry of Radiologic Technologists (ARRT) or the American Registry of Magnetic Resonance Imaging Technologists (ARMRIT). The Board will verify current credential status through review of the ARRT or ARMRIT directory. If the applicant is not listed in the current applicable directory, the applicant must request written verification of current credential and have the current credential submitted directly to the Board by the credentialing organization. Statutory/Other Authority: ORS 688.555(1 ) Statutes/Other Implemented: ORS 688.455 History: BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BRT 1-2010, f. & cert. ef. 6-15-10
337-010-0014 Qualifications of Diagnostic Medical Sonographer An individual who operates ultrasound equipment for medical imaging purposes must submit evidence of current credentialing in diagnostic medical sonography from the American Registry of Diagnostic Medical Sonography (ARDMS), American Registry of Radiologic Technologists (ARRT), or Cardiac Credentialing International (CCI). The Board will verify current credential status through review of the ARDMS, ARRT or CCI directory. If the applicant is not listed in the current applicable directory, the applicant must request written verification of current credential and have the current credential submitted directly to the Board by the credentialing organization. Statutory/Other Authority: ORS 688.555(1 ) Statutes/Other Implemented: ORS 688.455 History: BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BRT 1-2010, f. & cert. ef. 6-15-10
337-010-0015 Qualifications of Radiation Therapist In addition to those qualifications set out in ORS 688.475, applicants for licensure as a radiation therapist must submit evidence of current credentialing from the American Registry of Radiologic Technologists (ARRT) in radiation therapy. The Board will verify current credential status through review of the ARRT directory. If the applicant is not listed in the current ARRT directory, the applicant must request written verification of current credential and have the current credential submitted directly to the Board by the ARRT. Statutory/Other Authority: ORS 688 Statutes/Other Implemented: ORS 688.455 History: BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BRT 1-2010, f. & cert. ef. 6-15-10 RT 2-1986, f. 4-29-86, ef. 7-1-86 RT 2-1982, f. & ef. 3-11-82 RT 2-1978, f. & ef. 7-7-78
337-010-0016 Qualifications of Nuclear Medicine Technologist An individual who operates nuclear medicine equipment must submit evidence of current credentialing by the Nuclear Medicine Technology Certification Board (NMTCB) or the American Registry of Radiologic Technologists (ARRT) in Nuclear Medicine. The Board will verify current credential status through review of the NMTCB or ARRT directory. If the applicant is not listed in the current applicable directory, the applicant must request written verification of current credential and have the current credential submitted directly to the Board by the credentialing organization. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.455 History: BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BRT 1-2010, f. & cert. ef. 6-15-10
337-010-0017 Hybrid Imaging Persons who operate hybrid imaging or radiation therapy equipment that incorporates more than one medical imaging modality can only operate the functions of the machine for the medical imaging modality that the person is both credentialed and licensed to use. Temporary Post-Primary license holders may operate hybrid imaging or radiation therapy equipment in the medical imaging modality related to their valid temporary post-primary license under personal supervision, without holding a credential in that modality. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 688.415 - 688.605, 688.915 History: BMI 1-2024, adopt filed 02/02/2024, effective 02/02/2024
337-010-0025 Continuing Education (1) Licensees must comply with all continuing education and continuing competency requirements of the applicable credentialing organization by submitting their annual registration. (2) Continuing education programs authorized by a Board approved credentialing organization, are approved by the Board to meet the requirements of ORS 688.505. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.505 History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 1-2003, f. 8-14-03, cert. ef. 8-15-03 BRT 3-1998, f. & cert. ef. 7-15-98 RT 1-1992, f. & cert. ef. 1-15-92 RT 2-1990, f. & cert. ef. 4-27-90 RT 1-1987, f. & ef. 1-27-87 RT 1-1985, f. & ef. 2-21-85 RT 2-1978, f. & ef. 7-7-78
337-010-0026 Permit Renewal (1) Permit holders must submit evidence of continuing education (CE) on an application for permit renewal. (2) Permit holders must obtain a minimum of continuing education hours according to the following schedule: (a) One to three LXMO anatomic areas requires 9 hours of CE per year or 18 hours for a 2-year renewal. (b) Four or more LXMO anatomic areas requires 12 hours of CE per year or 24 hours for a 2-year renewal. (3) The Board may require permit holders to produce documents verifying continuing education activities for purposes of an audit by the Board. Permit holders are required to retain verification documents for a period of two years following the renewal date. At any time during those two years the Board may require permit holders to produce those documents for purposes of an audit by the Board. (4) Permit holders must provide current verification of supervision upon renewal. Supervision must be provided by a licensed physician, licensed nurse practitioner, licensed physician assistant . Direct Supervision is required ( Direct supervision means that the supervisor is physically present in the building and immediately available to furnish assistance as needed.). (5) Continuing Education Activities shall be directly appropriate to the anatomical areas practiced by the permit holder and include: independent or directed reading of professional and scientific journals and newsletters; video or audio education with an associated post-test; a ttendance to educational portions of professional organizations meetings; s ymposia, workshops, lectures, refresher courses, correspondence courses, or other Board accepted CE; i n-service education. (6) For LXMO permit holders, a minimum of one hour of approved CE in one permit area is required per year and 2 hours of either radiation use and safety or radiographic technique is required per year. (7) Limited X-ray Machine Operator (LXMO) permit renewal requirements following 24-month lapse: A LXMO permit holder with a permit that is expired for a period in excess of 24 continuous months must complete all requirements to obtain an initial permanent LXMO permit under OAR 337-010-0030. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.445 & 688.505 History: BMI 2-2024, amend filed 07/30/2024, effective 07/31/2024 BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BMI 4-2022, amend filed 01/25/2022, effective 01/25/2022 BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BMI 3-2015, f. 11-4-15, cert. ef. 1-1-16 BMI 2-2013, f. 7-26-13, cert. ef. 1-1-14 BRT 1-2010, f. & cert. ef. 6-15-10
337-010-0045 Temporary Licensee (1) Temporary License (a) A temporary license is intended to allow students or graduates of an approved school to gain additional paid medical imaging experience in the applicable imaging modality before completing required credentialing examinations. (b) Applicants may apply for a temporary license under the following conditions: (A) Graduates that have successfully completed an approved school’s didactic and clinical programs within 2 years of application ; ( B ) Students with an endorsement to OBMI from the medical imaging program director at a student’s school, indicating that the student is in good standing and is in the process of meeting educational requirements for graduation on a specified date, and that the student is competent to work under direct supervision. In this case, a temporary license may be issued which will be valid for up to six months prior to the specified course completion date. (c) A temporary license is valid for 6 months and may be renewed for a single six-month period. (d) A temporary license is invalid 30 days after a person is awarded a valid credential in a medical imaging modality by a recognized credentialing organization . (e) If a temporary licensee is also licensed by the Board in another medical imaging modality, the restrictions of this rule shall only apply when the individual is functioning as a temporary licensee. (2) Temporary Licensee Supervision. A temporary licensee may only operate the applicable medical imaging modality under the direct supervision of a licensed physician, or an individual licensed by the Board and credentialed by a credentialing organization in the medical imaging modality identified on the temporary license. For purposes of this rule , direct supervision means that the supervisor is physically present in the building and available to assist the temporary licensee as needed. (3) The Board, at its discretion and upon a showing of good cause, upon written request submitted to the Board, may extend specific deadlines established in this rule to a later specified date, based upon a demonstration of compelling circumstances by the individual making the request for an extension. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 688.520(7) History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BMI 2-2022, amend filed 01/25/2022, effective 01/25/2022 BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BMI 4-2019, amend filed 10/18/2019, effective 10/21/2019 BMI 1-2019, amend filed 01/31/2019, effective 02/01/2019 BMI 2-2014, f. & cert. ef. 10-20-14 BMI 3-2013, f. 10-30-13, cert. ef. 1-1-14 BMI 2-2012, f. 4-26-12, cert. ef. 5-1-12 BRT 1-2010, f. & cert. ef. 6-15-10 RT 2-1978, f. & ef. 7-7-78
337-010-0051 Expedited Licensure Process During an Emergency (1) When an emergency has been declared, a person who does not hold a license issued by the Board but does hold a Board recognized national medical imaging credential that is current and in good standing, may apply for a Permanent Initial License from the OBMI. Under a declared emergency, the Board chair and Executive Director may modify established initial licensing processes to assist with the healthcare response to the emergency circumstances. (2) An Emergency may be declared by the Governor or Board chair. (3) With the exception of any modified licensure process established pursuant to subsection (1) of this rule, this license is subject to all other statutes and rules regarding applications and licensure, including fees. (4) Regarding any modification of the initial licensing processes related to fingerprint background checks, an initial license may be issued prior to review of the fingerprint background check results only if: (a) The applicant has submitted fingerprints as part of the initial application process for a full background check; (b) The applicant has never been convicted of any crime; and (c) Board staff runs a LEDS check before issuing the license. (5) If an initial license is issued pursuant to subsection (4) of this rule and after review of the fingerprint background check results it is determined that the applicant has been convicted of any crime or provided inaccurate attestations or declarations to questions on the initial licensure application, licensee may be disciplined, up to revocation of licensure and including issuance of civil penalties. (6) Failure to comply with any modified licensure procedure established pursuant to subsection (1) of this rule will result in an application being processed based on established licensure processes. Statutory/Other Authority: ORS 688.555, ORS 688.455 & ORS 688.557 Statutes/Other Implemented: ORS 688.455, ORS 688.557 & ORS 688.520(8) History: BMI 6-2022, amend filed 10/24/2022, effective 10/25/2022 BMI 1-2022, adopt filed 01/25/2022, effective 01/25/2022
337-010-0052 Initial Applicants with a Reinstated Credential from Revoked Status or a Reinstated License from Revoked Status from Another State (1) When an initial applicant has had a credential reinstated from revoked status or a license from another state reinstated from revoked status, the Board will require that the applicant provide as part of their application the following: (a) A copy all documents relating to the revocation and reinstatement of the applicants’ credential or license; (b) A written statement describing the events that occurred that lead to the revocation of the credential or license; (c) Proof that all requirements imposed on the applicant by the credentialing or licensing authority have been completed. (2) An application that does not include the required documentation in subsection (1) will be considered incomplete. An incomplete application is deemed to be voluntarily withdraw six months from the date of receipt of the application in the Board office. (3) The Board will review completed applications and will make a determination of if the Board will issue a new license under these circumstances on a case-by-case basis. (4) The Board will not issue a new license to an applicant with a reinstated credential or reinstated license from another state that is on probation or under any requirements with the applicants credentialing or licensing authority related to the reinstated credential or license. Statutory/Other Authority: ORS 688.555 History: BMI 6-2022, adopt filed 10/24/2022, effective 10/25/2022