justicedao/ipfs_state_laws huggingface dataset:
337-010-0070 Military Spouse Temporary Authorization (MSTA) to Practice a Medical Imaging Modality or as a LXMO (1) Pursuant to 2019 Senate Bill 688, “military spouse” is the spouse of a member of the Armed Forces of the United States who is stationed in Oregon. (2) The Board will issue a military spouse temporary authorization (MSTA) to practice a specific medical imaging modality or as a LXMO upon submission and acceptance of all of the following: (a) A completed MSTA application form. (b) Payment of the following fee: (A) For a medical imaging modality MSTA, the fee in OAR 337-021-0030. (B) For a LXMO MSTA, the fee in OAR 337-021-0040. (c) Evidence of marriage to a member of an Armed Forces of the United States. (d) Evidence that the applicant’s spouse is currently assigned to an Oregon duty station. (e) Evidence of the following: (A) The applicant holds a current authorization by another state or territory to practice a specific medical imaging modality or as a LXMO; (B) The applicant is in good standing with the out of state licensing board that issued the authorization to practice the specific medical imaging modality or as a LXMO; and (C) The state licensing board that issued the applicant’s authorization has substantially similar requirements to qualify for licensure in that specific medical imaging modality or as a LXMO as is required in Oregon to practice the specific medical imaging modality or as a LXMO. (3) An MSTA issued under this section is valid until the earliest of the following: (a) Two years after the date of issuance; (b) The date the spouse of the MSTA holder completes the spouse’s term of service in Oregon; or (c) The date the MSTA holder’s authorization issued by the other state or territory expires. (4) An MSTA issued under this section only allows practice in the medical imaging modality specified on the MSTA, or for a LXMO MSTA, only as a LXMO. (5) The MSTA is not renewable. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: SB 688 (2019) History: BMI 5-2019, adopt filed 12/06/2019, effective 12/09/2019
337-010-0076 License Portability for Servicemembers and Spouses to Practice a Medical Imaging Modality or as a LXMO (1) Pursuant to The Veterans Auto and Education Improvement Act of 2022 (HB 7939). (2) The Board will issue a service member or spouse a Military Temporary Authorization (MTA) to practice a specific medical imaging modality or as a LXMO upon submission of an active license from a licensing authority in another United States jurisdiction that is similar in scope of practice to the license in Oregon and verification of all of the following: (a) A copy of the military orders that required the applicant to relocate residency as a result of those orders; and (b) Evidence of good standing with the licensing authority that issued the active license; and every other licensing authority that has issued to the servicemember or the spouse of a servicemember a license valid at a similar scope of practice and in the discipline applied in the jurisdiction of such licensing authority; and (c) Evidence that the servicemember or spouse of a servicemember has actively used the license during the two years immediately preceding the relocation described in subsection (a); and (d) For a spouse: verification of marriage or a registered domestic partnership with the service member subject to the military orders provided under (2)(a). (3) An MTA issued under this section is valid so long as the service member is subject to the military orders described in (2)(a) and the holder of the MTA is in good standing with the state that issued the license that is the basis of the MTA. (4) The holder of an MTA is subject to the Board’s standards of practice, discipline, and fulfillment of any continuing education requirements as described in OAR 337-010-0026(4) and 337-010-0085. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 688.555 History: BMI 1-2025, adopt filed 01/29/2025, effective 01/30/2025
337-010-0080 Processing of Applications Applications for licensure under the auspices of the Board will be processed in the order received by the Board. Paper documents will be date-stamped. Electronic documents will be dated and timed, to the extent possible by existing technology. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.445(1) History: BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BRT 6-1998, f. & cert. ef. 10-16-98
337-010-0085 Cultural Competency Continuing Education Requirement Cultural Competency Continuing Education: All medical imaging licensees and permit holders upon each renewal, must complete a minimum of one hour of continuing education that meets the criteria for cultural competency education. This requirement must be completed and verification submitted to OBMI with all renewal applications. The cultural competency continuing education requirement is part of any other continuing education requirements imposed by the Board. (1) The Board shall accept courses approved by the Oregon Health Authority (OHA) under ORS 413.450. (2) The Board may accept other courses to the extent that the course addresses attitudes and skills that enhance a licensee's or permit holder’s ability to communicate and interact effectively with individuals across various cultures, groups and communities. Statutory/Other Authority: ORS 688.555 History: BMI 1-2021, adopt filed 04/28/2021, effective 04/29/2021
337-020-0015 Timely Renewal of Medical Imaging Permanent Licenses and Permits ( 1 ) An applicant for renewal of a license or permit must complete the online renewal form , pay the applicable non-refundable fees and submit any additional information requested by the Board. ( 2 ) A license or permit expires at midnight biennially on the first day of the birth month of the licensee or permit holder. ( 3 ) An OBMI license or permit renewal application must be electronically received at the OBMI office on or before the first day of the renewal month to be considered a timely submission . ( 4 ) No person is allowed to practice medical imaging after a license or permit expires. ( 5 ) No applicant for initial or renewal licensure may practice medical imaging until the applicant has received a n online approval of licensure, either a license or a permit, from the Board, or until the applicant can verify a valid license or permit electronically on the OBMI website. ( 6 ) No person who has allowed a license or permit to expire may practice medical imaging until such person has renewed or reinstated a license or permit and has received an online approval of licensure from the Board, or until the applicant can verify a valid license or permit electronically on the OBMI website. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.445(5) & 688.515(4) 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 3-2015, f. 11-4-15, cert. ef. 1-1-16 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 1-2003, f. 8-14-03, cert. ef. 8-15-03
337-020-0040 Requirements for Prorating Fees License and permit renewal fees will be prorated only if the applicant can demonstrate to the Board that the applicant did not practice medical imaging in Oregon during the time the license or permit was expired. Statutory/Other Authority: ORS 688 & ORS 688.555(1) History: BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BMI 3-2015, f. 11-4-15, cert. ef. 1-1-16 BRT 1-2010, f. & cert. ef. 6-15-10 RT 2-1989, f. & cert. ef. 11-2-89
337-021-0005 Fee for a Temporary License The Board shall issue a six (6) month Temporary License to a qualified applicant upon receipt of a $54 fee. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.520(7) History: BMI 5-2020, amend filed 05/21/2020, effective 01/01/2021 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 1-2002, f. 1-10-02, cert. ef. 1-14-02
337-021-0010 Fee for a Temporary LXMO Permit The Board shall issue a six (6) month Temporary LXMO Permit to a qualified applicant upon receipt of a $54 fee. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.515(6), ORS 688.445(1) & ORS 688.520(7) History: BMI 5-2020, amend filed 05/21/2020, effective 01/01/2021 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 1-2002, f. 1-10-02, cert. ef. 1-14-02 BRT 5-1998, f. & cert. ef. 7-15-98 BRT 2-1998(Temp), f. & cert. ef. 4-20-98 thru 10-15-98
337-021-0020 Fee for a Delinquent Renewal An additional $25 delinquent fee must accompany license or permit renewals not postmarked or electronically received at the OBMI office on or before the first day of the renewal month. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.445(4) & 688.515(4) History: BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BMI 3-2015, f. 11-4-15, cert. ef. 1-1-16 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 1-2002, f. 1-10-02, cert. ef. 1-14-02 BRT 5-1998, f. & cert. ef. 7-15-98 BRT 2-1998(Temp), f. & cert. ef. 4-20-98 thru 10-15-98
337-021-0030 Fee for a Permanent Medical Imaging License The fee for an initial or renewal Medical Imaging License is $9 per month. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.445(5), ORS 688.445(1) & ORS 688.455(1) History: BMI 5-2020, amend filed 05/21/2020, effective 01/01/2021 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 1-2002, f. 1-10-02, cert. ef. 1-14-02 BRT 5-1998, f. & cert. ef. 7-15-98
337-021-0040 Fee for a LXMO Permit — Permanent The fee for an initial or renewal LXMO permit is $9 per month. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.515 & ORS 688.515(3) History: BMI 5-2020, amend filed 05/21/2020, effective 01/01/2021 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 2-2002, f. & cert. ef. 11-18-02 BRT 1-2002, f. 1-10-02, cert. ef. 1-14-02 BRT 5-1998, f. & cert. ef. 7-15-98
337-021-0049 Fee for a Fluoroscopy Limited Permit The fee for a fluoroscopy initial or renewal limited permit is $9 per month. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 688.510 & 2015 HB 2880 History: BMI 5-2020, amend filed 05/21/2020, effective 01/01/2021 BMI 3-2015, f. 11-4-15, cert. ef. 1-1-16
337-021-0055 FBI Fingerprint Background Check The fingerprinting fee is determined by the current Oregon State Police fingerprinting fees. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 688.557 & 688.560(5) History: BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BMI 1-2014, f. 6-3-14, cert. ef. 7-1-14
337-021-0070 Application Fees Non-Refundable All fees associated with obtaining and maintaining a license or permit are nonrefundable. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.455 & 688.515(3) History: BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BMI 3-2015, f. 11-4-15, cert. ef. 1-1-16 BRT 1-2010, f. & cert. ef. 6-15-10 BRT 2-2002, f. & cert. ef. 11-18-02
337-021-0073 Renewal Surcharge for Workforce Data Questionnaire With each renewal, the Board may assess the surcharge established by the Oregon Health Authority pursuant to ORS 676.410, for the workforce data questionnaire. License and permit renewal applicants must complete the workforce data questionnaire prior to submitting all permanent renewal applications . Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.425 & 676.410(7) 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 1-2016, f. & cert. ef. 8-5-16
337-021-0075 Fees for Public Records (1) When determining fees associated with the processing of requests for public records, the Board office will follow the statewide standardized fee-structure policy number 107-001-030 maintained by the Department of Administrative Services and adopted on Feb. 15, 2017. (2) Notwithstanding section (1), the Board adopts the following for determining fees generated by providing paper or electronic copies to requestors: (a) The 2017-2019 Oregon state printing and distribution price list. (b) The March 31, 2020, Oregon statewide price agreement with Office Depot. (c) Actual cost for delivery of records such as postage and courier fees. (3) All requests for copies of public records pertaining to the Board, or any program it administers, shall be submitted in writing, electronic mail, or by completion of an electronic form provided by the Board office. Requests are subject to disclosure according to the Public Records Law, ORS 192.410 to 192.505, and rules adopted thereunder. (4) All estimated fees and charges must be paid before public records will be made available for inspection or copies provided. (5) Charges to the general public shall be payable in cashier's check or money order. Payment by personal check for copies of official documents is not accepted. (6) “Page” refers to the number of copies produced. Staff will not reduce the copy size or otherwise manipulate records in order to fit additional records on a page, unless staff concludes that it would be the most effective use of their time. Consistent with ORS 192.240, all copies will be double-sided. A double-sided copy will be charged as two single pages. (7) Charges for regular Board publications and media requests, such as computer disks, video cassettes, audio tapes or other types of public record formats, shall be available upon request. (8) When mailing records or responding to special requests, the Board shall charge for staff time required to prepare the records for mailing, in addition to actual postage. (9) The Board shall charge for staff time required to fill public record requests that require electronic reproduction. Charges include time spent locating, downloading, formatting, copying and transferring records to media. Charges for reproduction media are available upon request. (10) Due to the threat of computer viruses, the Board office will not permit individuals to provide diskettes or other technology for electronic reproduction of computer records. (11) Persons may obtain a printed copy of rules or related documents upon written request and payment of fees as specified in OAR 331-010-0030. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 688.560(4) History: BMI 7-2020, adopt filed 07/28/2020, effective 07/28/2020
337-021-0080 Refunds When the Board determines that a licensee or permit holder has overpaid fees legally due in the amount of $25 or less, the Board will refund the overpaid amount upon receipt of a written request from the person or the legal representative of that person who paid the fee. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 293.445(4) History: BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BRT 2-2002, f. & cert. ef. 11-18-02
337-030-0001 Unlicensed Practice A person cannot practice a medical imaging modality on a patient in Oregon unless the person is licensed in accordance with the provisions of ORS 688.405 to 688.605. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 688.555 History: BMI 1-2024, adopt filed 02/02/2024, effective 02/02/2024
337-030-0002 Unprofessional Conduct Unprofessional Conduct includes but is not limited to the following: (1) Engaging in the practice of medical imaging while under the influence of intoxicating liquor, controlled substance, or any other drugs which impair consciousness, judgment, or behavior to the extent that normal physical or mental faculties are impaired; or (2) Making or filing false reports or records impeding or obstructing the proper making and filing of reports or records, or failing to file the proper report or record in the practice of medical imaging technology or during the licensure process; or (3) Accessing, disclosing, misusing, or altering information in violation of state or federal law; or (4) Discrimination in the practice of medical imaging against any person on account of sex, race, religion, creed, color, gender identity or national origin; or (5) Repeatedly failing to abide by city, state, and federal regulations or laws pertaining to the practice of medical imaging; or (6) Engaging in sexual harassment in the practice of medical imaging; or (7) Engaging in misconduct in the practice of medical imaging; or (8) (a) Failing to provide competent care to a patient. Competent care requires the technical knowledge, skill, thoroughness, and preparation reasonably necessary for the care. (b) Performing a medical imaging modality on more than one patient at a time is not competent care; or (9) Violation of ORS 688.405 to 688.620 & 688.915 or any rule of the Board; or (10) Failure to timely pay any civil penalty imposed by the Board; or (11) Failure, assisting or permitting others to fail to protect client confidentiality or manage patient records in accordance with state or federal privacy laws; or (12) Failure to report pursuant to ORS 676.150(2), a known or probable violation of Oregon Statutes or Rules. Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.525(1)(b) History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BMI 6-2022, amend filed 10/24/2022, effective 10/25/2022 BMI 7-2020, amend filed 07/28/2020, effective 07/28/2020 BRT 1-2010, f. & cert. ef. 6-15-10
337-030-0004 Compliance with Governor’s Executive Orders (1) During a Governor declared emergency, unprofessional conduct includes failing to comply with any applicable provision of a Governor’s Executive Order or any provision of this rule. (2) Failing to comply as described in subsection (1) includes, but is not limited to: (a) Operating a business required by an Executive Order to be closed; (b) Providing services at a business required by an Executive Order to be closed; (c) Failing to comply with the requirements of Oregon Health Authority (Authority) guidance implementing an Executive Order, including but not limited to: (A) Failing to screen clients in accordance with OHA guidance prior to providing services; (B) Failing to limit the number of individuals inside the premises or implement other protocols necessary to maintain physical distancing of six (6) feet; (C) Failing to implement OHA guidance on mask and face covering for businesses; and (D) Failing to clean and disinfect in accordance with OHA guidance. (d) Failing to comply with any requirements of Board guidance implementing an Executive Order. (3) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation. (4) Penalties for violating this rule include civil penalties. Any such penalties shall be imposed in accordance with ORS Ch. 183. Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 688.555 History: BMI 1-2021, adopt filed 04/28/2021, effective 04/29/2021
337-030-0005 Inspections In addition to those requirements set out in ORS 688.595, licenses and permits shall be on file in the department in which the licensee or permit holder works and shall be made available for inspection by the Radiation Protection Services (RPS), Department of Human Services, State of Oregon. Statutory/Other Authority: ORS 688 Statutes/Other Implemented: ORS 688.415 - 688.605, 688.915 History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BRT 1-2010, f. & cert. ef. 6-15-10
337-030-0010 Imposition of Civil Penalties (1) When a civil penalty is imposed it does not preclude the imposition of any other disciplinary sanction against the licensee or permit holder . (2) The civil penalty shall be payable to the Board by electronic payment methods, check , cashier’s check, or money order. (3) Civil penalties shall be imposed per violation according to the following schedule in the absence of aggravating or mitigating circumstances: (a) Practicing medical imaging without a current and valid Oregon license or permit — $500 per month; (b) Unprofessional conduct by a licensee or permit holder — $1,000; (c) Violation of ORS 688.405 to 688.620 & 688.915 or any rule of the Board of Medical Imaging unless otherwise provided in this schedule, $1,000; (d) Gross negligence in the practice of medical imaging, $1,000; (e) Employing an individual to practice medical imaging when the individual does not have a current, valid Oregon license or permit: $500 per day; (f) Making a false statement to the Board, $500; (g) Practicing medical imaging outside the scope for which the license or permit is issued, $500; (h) Obtaining or attempting to obtain a license or permit or a renewal of a license or permit by false representation, $500; (i) Purporting to be a licensee or permit holder when the person does not hold a valid license or permit, $1,000; (j) Practicing medical imaging under a false or assumed name, $500; (k) Conviction of a crime where such crime bears a demonstrable relationship to the practice of medical imaging, $1,000; (l) Has undertaken to act as a medical imaging licensee or as a LXMO without the required supervision under ORS chapter 688, $1,000. (4) The Board must report to the appropriate credentialing organizations all Board disciplinary actions . Statutory/Other Authority: ORS 688.555(1) Statutes/Other Implemented: ORS 688.415; ORS 688.915 History: BMI 1-2024, amend filed 02/02/2024, effective 02/02/2024 BMI 6-2022, amend filed 10/24/2022, effective 10/25/2022 BMI 8-2020, amend filed 10/29/2020, effective 10/30/2020 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 1-2018, amend filed 05/03/2018, effective 05/04/2018 BMI 1-2017, f. & cert. ef. 8-9-17 BMI 3-2015, f. 11-4-15, cert. ef. 1-1-16 BRT 1-2010, f. & cert. ef. 6-15-10
337-030-0015 Aggravation and Mitigation Aggravating and mitigating circumstances may be considered in the decision of any sanction that may be imposed: (1) Aggravation or aggravating circumstances are any considerations or factors that may justify an increase in the degree of discipline to be imposed. Mitigation or mitigating circumstances are any considerations or factors that may justify a reduction in the degree of discipline to be imposed. (2) Factors which may be considered as aggravating factors include: (a) Prior Board disciplinary action ; (b) A pattern of misconduct; (c) Multiple offenses; (d) Bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the Board; (e) Submission of false evidence, false statement, or other deceptive conduct during the disciplinary or investigative process; (3) Factors which may be considered mitigating factors include: (a) Absence of a prior Board action; (b) Timely good faith effort to rectify consequences of misconduct; (c) Cooperation with the Board’s investigation; (d) Physical or mental disability or impairment; (e) Interim rehabilitation; (f) Imposition of other penalties or sanctions; Statutory/Other Authority: ORS 688.555 Statutes/Other Implemented: ORS 688.415(1) & ORS 688.525 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 BRT 1-2010, f. & cert. ef. 6-15-10
337-030-0025 Hearing Request and Answers: Consequences of Failure to Answer (1) A hearing request, and answer must be made in writing to the Board by the party or the party’s attorney and an answer must include the following: (a) An admission or denial of each factual matter alleged in the notice; (b) A short and plain statement of each relevant affirmative defense the party may have. (2) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted; (3) Failure to raise a particular defense in the answer will be considered a waiver of such defense; (4) Evidence shall not be taken on any issue not raised in the notice and answer. Statutory/Other Authority: ORS 688 Statutes/Other Implemented: ORS 688.415 - 688.605, 688.915 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