Chapter 517 Oregon Laws 1999

Session Law

AN ACT

HB 2178

Relating to radiologic technology; amending ORS 688.405, 688.435, 688.445, 688.465, 688.475, 688.505, 688.515, 688.525, 688.545, 688.555 and 688.560.

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 of radiologic technology" means a school of radiologic technology [approved by the Council on Medical Education of the American Medical Association or a school found to maintain the equivalent of such a course of study as determined by the board. Such school may be operated by a medical or educational institution, and for the purpose of providing the requisite clinical experience, shall be affiliated with one or more general hospitals.] accredited by the Joint Review Committee on Education in Radiologic Technology or by a regional post-secondary accreditation body, whose graduates are qualified to sit for the American Registry of Radiologic Technologists examination.

(2) "Board" means the Board of Radiologic Technology established by ORS 688.405 to 688.605.

(3) "Diagnostic radiologic technologist" means a person other than a licensed practitioner who actually handles X-ray equipment in the process of applying radiation on a human being for diagnostic purposes under the supervision of a licensed practitioner.

(4) "Inactive status" means the status granted by the board to a licensee or limited permit holder who has notified the board of the intent not to practice radiologic technology and of the desire to retain the right to reinstate the license or limited permit subject to board rule.

[(4)] (5) "Licensed practitioner" means a person licensed or otherwise authorized by Oregon law to practice one of the healing arts.

[(5)] (6) "License" means a license granted and issued by the board to practice radiologic technology.

(7) "Limited permit course of study" means a board approved set of didactical and clinical experience elements designed to prepare a student for obtaining practical experience and for passing the limited permit examination described in ORS 688.515.

(8) "Limited permit holder" means a person other than a radiation therapist or a diagnostic radiologic technologist who handles X-ray equipment in the process of applying radiation on a human being for diagnostic purposes under the supervision of a licensed practitioner and who has met the requirements of ORS 688.515.

[(6)] (9) "Radiation oncologist" means a physician who is either certified or eligible for certification in therapeutic radiology by the American Board of Radiology or its equivalent or who is certified in general radiology by the American Board of Radiology and who devotes all professional time to the investigation and management of neoplastic disorders inclusive of teaching such investigation and management.

(10) "Radiation therapist" means a person, other than a licensed practitioner, who handles ionizing radiation in the process of applying radiation on a human being for therapeutic purposes under the supervision of a licensed practitioner.

[(7)] (11) "Radiation therapy" means the use of ionizing radiation upon a human being for therapeutic purposes.

[(8)] (12) "Radiologic technologist" means a person other than a licensed practitioner who practices radiologic technology as a:

(a) Diagnostic radiologic technologist; or

(b) [Therapeutic radiologic technologist] Radiation therapist.

[(9)] (13) "Radiologic technology" means the use of ionizing radiation upon a human being for diagnostic or therapeutic purposes.

[(10)] (14) "Radiologist" means a person duly licensed to practice medicine in the State of Oregon and who is certified by the American Board of Radiology or by the American Osteopathic Board of Radiology.

[(11)] (15) "Supervision" means the act of monitoring the performance of diagnostic X-ray technology through periodic inspection, regardless of whether or not the supervising licensed practitioner is continuously physically present during the performance of such diagnostic X-ray technology.

[(12) "Therapeutic radiologic technologist" means a person other than a licensed practitioner who actually handles ionizing radiation in the process of applying radiation on a human being for therapeutic purposes under the supervision of a licensed practitioner.]

SECTION 2. ORS 688.435 is amended to read:

688.435. The provisions of ORS 688.405 to 688.605 shall 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 of radiologic technology as defined in ORS 688.405 while practicing radiologic technology under the supervision of an instructor who is either a radiologist or a licensed radiologic technologist.

[(3) Trainees in the field of radiation therapy technology who meet the qualifications for licensure as a radiologic technologist in the diagnostic field while practicing radiation therapy technology under the supervision of a radiologist. Such exemption shall be valid for a period not to exceed 24 months from the date of issuance.]

[(4)] (3) A licensed practitioner or students in approved schools leading to licensure as a practitioner of one of the healing arts while practicing radiologic technology under the supervision of an instructor who is either a licensed practitioner or a licensed radiologic technologist.

[(5) Persons who are, on July 17, 1979, operating computerized tomography equipment for diagnostic purposes under the direction of a radiologist so long as they operate such equipment for such purposes under the direction of a radiologist.]

SECTION 3. ORS 688.445 is amended to read:

688.445. (1) The Board of Radiologic Technology shall issue a license to practice as a radiologic technologist in the State of Oregon to each person who meets the qualifications for licensure as provided in ORS 688.405 to 688.605. Such license shall state the category or categories for which the qualifications have been met, which include diagnostic radiologic technologist [or therapeutic radiologic technologist] and radiation therapist.

(2) Every license issued by the board shall be under its seal and shall be signed by the chairperson.

(3) A license must be renewed every two years on the first day of the month of the anniversary date of the licensee's birthday.

(4) Any license that is not renewed as provided in subsection (3) of this section expires. The board may renew an expired license upon payment of a delinquent fee in an amount set by the board plus the biennial renewal fee. However, no such late renewal may be granted more than five years after a license has expired.

(5) A license shall be renewed upon application to the board which is accompanied by a fee in an amount set by the board.

(6) A license which has been expired for more than five years may be reissued only in the manner prescribed for an original license.

SECTION 4. ORS 688.465 is amended to read:

688.465. For licensure as a radiologic technologist in the diagnostic field, an applicant must:

(1) Be currently certified by the American Registry of Radiologic Technologists (ARRT) in X-ray technology; or

(2) Have successfully completed a course of study in an approved school of radiologic technology and, according to Board of Radiologic Technology standards, pass the [appropriate examination prepared by the Educational Testing Service of Princeton, New Jersey, or the equivalent of such an] American Registry of Radiologic Technologists examination or an equivalent examination, as determined and directed by the board, with the fee for the latter examination being set by the board.

SECTION 5. ORS 688.475 is amended to read:

688.475. For licensure as a radiologic technologist in the therapeutic field, an applicant must:

(1) Be currently certified by the American Registry of Radiologic Technologists (ARRT) in radiation therapy; or

(2) Have successfully completed a course in radiation therapy in an approved school of radiologic technology and, according to Board of Radiologic Technology standards, pass the [appropriate examination prepared by the Educational Testing Service of Princeton, New Jersey, or the] American Registry of Radiologic Technologists examination or an equivalent [of such an] examination, as determined and directed by the board, with the fee for the latter examination being set by the board[; or].

[(3) Meet the qualifications for licensure as a radiologic technologist in the diagnostic field, have completed at least two years of full-time experience in radiation therapy under the supervision of a radiation oncologist and, according to board standards, pass the appropriate examination prepared by the Educational Testing Service of Princeton, New Jersey, or the equivalent of such an examination, as determined and directed by the board, with the fee for the latter examination being set by the board.]

SECTION 6. ORS 688.505 is amended to read:

688.505. The Board of Radiologic Technology shall require each person holding a license or permit under ORS 688.405 to 688.605 to submit, at the time the person submits the biennial renewal fee, evidence of continuing education in radiologic technology pursuant to rules of the board. Continuing education must be pertinent to the subject area of radiologic technology for which the license or permit was issued. Evidence of current American Registry of Radiologic Technologists certification may be used as valid documentation of continuing education required by this section.

SECTION 7. ORS 688.515 is amended to read:

688.515. (1) The Board of Radiologic Technology shall issue a limited permit to an applicant to practice in a limited area of radiologic technology if such applicant meets the requirements for a limited permit as provided in this section. Such limited 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) Upper extremities;

(b) Pelvis or lower extremities, or both;

(d) Spine;

(e) Head;

(f) Abdomen; or

(g) Foot and ankle for podiatric use.

(2) Limited permits shall not be issued for contrast studies or special head studies such as tomography.

(3) Each applicant for a limited permit shall:

(a) Make an application in writing;

(b) Pay an application fee in an amount set by the board;

(d) Have successfully passed a board-approved course of instruction in radiation use and safety consisting of [not less than 36] the number of hours of instruction [approved] 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, registered radiologic technologist in laboratory practice specific to each category for which the applicant seeks a limited 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 permit. Such program shall include operation of an energized X-ray machine under the supervision of a registered radiologic technologist; [and]

(g) Have paid the examination fee set by board rule to reflect the actual cost of the examination; and

[(g)] (h) Have successfully passed an oral or written examination, or both, conducted by or approved by the board in radiation use and safety and in those categories in which the applicant seeks a limited permit.

(4) Upon meeting the requirements of this section, the board shall issue a limited permit to the applicant. A limited permit shall be renewed every two years on the first day of the month of the anniversary date of the permittee's birthday subject to ORS 688.505 and payment of a fee in an amount set by the board. Any limited permit that is not renewed as provided in this subsection expires. The board may renew any expired limited permit upon payment of a delinquent fee in an amount set by the board plus the biennial renewal fee. However, no such late renewal may be granted more than two years after a permit has expired. A limited permit which has been expired for more than two years may be reissued only in the manner prescribed for an original limited permit.

(5) Every person issued a limited permit shall notify the board in writing of the name of each licensed practitioner supervising permittee's performance of diagnostic X-ray technology and shall only perform diagnostic X-ray technology while being supervised by a licensed practitioner. In the event permittee subsequently is supervised by a licensed practitioner other than the person whose name was initially furnished to the board, the board shall be immediately notified in writing.

(6) A temporary license or limited permit may be issued by the board without examination to a graduate of or a student enrolled in an approved school of radiologic technology or limited permit course of instruction upon application and payment of a registration fee in an amount set by the board if the person practices as a diagnostic radiologic technologist or [therapeutic radiologic technologist] radiation therapist under the supervision of a licensed practitioner. A temporary license or limited permit [shall be] is valid for a period of six months and may be renewed by the board for [two additional] one six-month [periods] period only.

(7) At the discretion of the board a temporary limited permit may be issued by the board without examination to a person upon application and payment of a registration fee in an amount set by the board if the person practices diagnostic radiologic technology under the supervision of a licensed practitioner and if the person is enrolled in an approved course of instruction in radiation use and safety. Such a temporary limited permit shall be valid for a period of three months and shall not be renewed by the board except as provided under subsection (6) of this section.

(8) In addition to the temporary license or limited [or temporary] permit authorized by this section, the board may authorize a permit authorizing its holder to be an X-ray bone densitometry operator. The operator must meet standards of training established by the board by rule. The applicant shall pay a nonrefundable fee fixed by the board and the permit may be issued for a period of two years and may be renewed upon payment of a fixed renewal fee.

SECTION 8. ORS 688.525 is amended to read:

688.525. (1) The Board of Radiologic Technology, after notice of and hearing as required under the contested case procedures of ORS 183.310 to 183.550, may refuse to license any applicant, may refuse to renew the license or permit of any radiologic technologist or may suspend or revoke the license or permit of a person who:

(a) [Uses intoxicants or controlled substances to the extent that the use impairs the ability of the licensee to practice radiologic technology] Is chemically dependent.

(b) In the judgment of the board is guilty of unethical or unprofessional conduct in the practice of radiologic technology.

(c) Has been convicted of any crime where the crime bears a demonstrable relationship to the practice of radiologic technology.

(d) In the judgment of the board, is guilty of gross negligence in the practice of radiologic technology.

(e) Has been adjudged incompetent by a court of law and thereafter has not been lawfully declared competent.

(f) Has undertaken to act as a radiologic technologist independently of the supervision of a practitioner licensed by the State of Oregon to practice one of the healing arts.

(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 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.

SECTION 9. ORS 688.545 is amended to read:

688.545. (1) There is created in the Health Division a Board of Radiologic Technology consisting of seven members who shall be appointed by the Governor. Each member of the board shall be a citizen of the United States and a resident of the State of Oregon. One member shall be a radiologist. One member shall be a lay person. Five members shall be licensed practicing radiologic technologists, one of whom shall be a [therapeutic radiologic technologist] radiation therapist. Each appointed member shall be entitled to vote.

(2) The Director of the Radiation Control Section of the Health Division, or a person appointed by the director, shall be an advisory member of the board for the purpose of providing counsel and shall not be entitled to vote.

(3) The term of office of the members of the board shall be three years and a member may be reappointed to serve not more than two full terms.

(4) Members of the board shall be entitled to compensation and expenses as provided in ORS 292.495.

(5) The board shall annually elect the board chairperson from the members of the board.

(6) For the purpose of transacting its business, the board shall 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. A written notice of the time, place and purpose of any special meeting shall be mailed 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.

(7) Four members of the board shall constitute a quorum for the transaction of business at any meeting. Four affirmative votes shall be required to take action.

SECTION 10. ORS 688.555 is amended to read:

688.555. (1) The Board of Radiologic Technology shall have the power to adopt such rules as may be necessary to carry out the provisions of ORS 688.405 to 688.605.

(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 [secretary] officer subject to ORS 240.245 and include reimbursement for actual and necessary travel expenses incurred in the performance of the duties of the [secretary] officer.

SECTION 11. ORS 688.560 is amended to read:

688.560. The Board of Radiologic Technology by rule shall establish and collect reasonable fees for the following services:

(1) [Hand grading of examinations] Administration of limited permit examinations.

(2) Special interpretation of examination results.

(3) Duplication of [licenses] permits and wall certificates.

(4) [Photocopying] Reproduction of records.

(5) Licensing and permitting.

Approved by the Governor July 7, 1999

Filed in the office of Secretary of State July 7, 1999

Effective date October 23, 1999

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