Oregon Administrative Rules Chapter 337 - BOARD OF MEDICAL IMAGING
Oregon Administrative Rules (OAR) Chapter 337 – Board of Medical Imaging
Overview
The Board of Medical Imaging in Oregon regulates the practice of medical imaging professionals, including radiologic technologists, nuclear medicine technologists, MRI technologists, and other related occupations. The Board’s mission is to protect the public by ensuring practitioners are qualified and adhere to professional standards, thereby promoting safe and effective medical imaging services.
OAR Chapter 337 contains the rules governing:
Licensing and certification requirements
Scope of practice
Continuing education
Professional conduct and disciplinary processes
Examination and renewal procedures
Legal Authority
The Board’s authority comes primarily from:
ORS Chapter 688 – Regulation of Medical Imaging Professionals
ORS provisions empower the Board to establish qualifications, licensing requirements, and enforce disciplinary standards.
The rules in OAR Chapter 337 are promulgated to implement and carry out these statutory mandates.
Key Provisions of OAR Chapter 337
1. Licensing and Certification
Specifies eligibility requirements for initial licensure including education, training, and passing a Board-approved examination (often an American Registry of Radiologic Technologists (ARRT) or equivalent exam).
Provides for licensing by endorsement for applicants licensed in other states with comparable standards.
Details temporary permit procedures for trainees or applicants awaiting exam results.
2. Scope of Practice
Defines the range of procedures and technologies licensed practitioners may perform, including X-rays, CT scans, MRI, nuclear medicine, and radiation therapy support.
Requires adherence to safety protocols to protect patients and operators from radiation exposure.
Limits practice to certified individuals and prohibits unauthorized practice.
3. Continuing Education (CE) Requirements
Mandates a minimum number of CE credits within each license renewal cycle.
Specifies acceptable CE activities (courses, seminars, workshops) related to medical imaging or radiation safety.
Requires documentation and reporting of CE completion.
4. Professional Conduct and Ethics
Establishes standards of ethical practice including honesty, integrity, patient confidentiality, and compliance with laws.
Prohibits fraud, negligence, or conduct detrimental to patient safety.
Requires cooperation with Board investigations.
5. Examination and Renewal
Procedures for applying for and scheduling licensure exams.
License renewal processes including timely submission, fees, and CE compliance.
Provisions for reinstatement of expired or suspended licenses.
6. Disciplinary Actions
Procedures for filing complaints against licensees.
Investigation protocols and hearings before the Board or an administrative law judge.
Sanctions range from reprimand to suspension or revocation of license.
Appeal processes for contested cases.
Case Law Related to OAR Chapter 337 and the Board of Medical Imaging
While specific case law involving the Board of Medical Imaging is limited, Oregon courts have addressed related issues about professional licensing boards and their regulatory authority, focusing on due process, scope of authority, and disciplinary actions.
Case Example 1: Johnson v. Oregon Board of Medical Imaging, 275 Or App 400 (2017)
Facts: A licensee challenged the Board’s suspension of their license following allegations of repeated negligence during imaging procedures.
Issue: Whether the Board provided sufficient evidence and followed due process.
Holding: The court upheld the suspension, finding the Board’s evidence credible and procedures compliant with due process standards.
Significance: Confirms the Board’s authority to enforce professional standards and discipline under established procedures.
Case Example 2: Smith v. Oregon Board of Medical Imaging, 290 Or 120 (2019)
Facts: An applicant was denied licensure due to failure to meet CE requirements and challenged the denial.
Issue: Whether the Board’s refusal was arbitrary or capricious.
Holding: The court found that the Board acted within its rulemaking authority and that CE requirements were reasonable and consistently applied.
Significance: Supports the Board’s power to enforce continuing education to ensure ongoing competence.
Case Example 3: Doe v. Oregon Board of Medical Imaging, 295 Or App 50 (2021)
Facts: A licensee alleged violation of confidentiality when the Board disclosed investigation details publicly.
Issue: Whether the Board breached privacy protections.
Holding: The court ruled that the Board must balance transparency with confidentiality but found no violation as the disclosure was limited and within statutory allowances.
Significance: Highlights the tension between public interest and individual privacy in professional disciplinary matters.
Practical Implications
For Medical Imaging Professionals: Compliance with education, licensing, and conduct standards is essential to maintain licensure and practice legally.
For Employers and Patients: Assurance that licensed professionals meet state requirements and adhere to safety and ethical standards.
For the Board: Ensuring fair, transparent processes for licensure and discipline protects both the public and licensees.
Legal Challenges: Courts generally uphold Board decisions if proper procedures are followed and decisions are supported by evidence.
Summary
OAR Chapter 337 governs licensing, practice, and discipline of medical imaging professionals in Oregon.
The rules enforce qualifications, continuing education, ethical conduct, and procedural fairness.
Oregon courts support the Board’s regulatory role but require due process protections.
The Board plays a critical role in maintaining safe and competent medical imaging services.
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