688 · 688.010 definitions for ors 688.010 to 688.201 688.015 findings and purpose ... maintenance...

Chapter 6882013 EDITION

Therapeutic and Technical Services: Physical Therapists; Medical Imaging Practitioners

and Limited X-Ray Machine Operators; Hemodialysis Technicians; Athletic Trainers; Respiratory Therapists and Polysomnographic

Technologists

PHYSICAL THERAPISTS(Generally)

688.010 Definitions for ORS 688.010 to 688.201688.015 Findings and purpose688.020 License required to practice physical

therapy or use designation688.030 Application of ORS 688.010 to 688.201688.035 Short title

(Licensing)688.040 Licensing procedure688.050 Qualifications of physical therapist; ex-

amination; rules688.055 Qualifications of physical therapist assis-

tant; examination688.080 Reciprocity; fee688.090 License; certificate688.100 Renewals; rules; fee; lapse688.110 Temporary permit; fee688.120 Fraudulent representations prohibited688.125 Notice to patient of interest in physical

therapy practice688.132 Duty to refer person688.135 Duties and responsibilities of physical

therapist688.140 Grounds for discipline; sanctions; civil

penalties688.145 Discipline procedure; review of orders;

confidential information

(State Board)688.160 Physical Therapist Licensing Board; qual-

ifications; terms; vacancies; duties; rules;fees; meetings; executive director

688.201 Disposition of receipts

(Enforcement)688.230 Report of suspected violation; confiden-

tiality of report; liability of person re-porting

MEDICAL IMAGING PRACTITIONERS AND LIMITED X-RAY MACHINE

OPERATORS(Generally)

688.405 Definitions for ORS 688.405 to 688.605688.415 License or permit requirement; prohibited

acts688.425 Licensed persons may use title688.435 Application of ORS 688.405 to 688.605

(Licensing)688.445 Licensing and renewal procedure;

modalities; fees688.455 License fee; general qualifications688.480 Qualifications of operators of certain

equipment688.485 Examinations; fees688.495 Licensing of radiographer without exam-

ination688.505 Evidence of continuing education on re-

newal688.515 Limited X-ray machine operator permit;

fees; qualifications; rules688.520 Inactive licenses and permits; licenses and

permits for periods other than 24 months688.525 Grounds for discipline; investigation of

complaints; confidential information

(State Board)688.545 Board of Medical Imaging; qualifications;

advisory member; term; compensation andexpenses; officers; meetings; quorum;rules

688.555 Rulemaking; executive director688.557 Authority of board to require fingerprints688.560 Fees; rules688.565 Continuing education688.585 Board of Medical Imaging Account

(Enforcement)688.595 Enforcement and inspections688.600 Investigation of alleged violations; power

of board; subpoenas; peer review commit-tees

688.605 Duty to report violation; confidentiality;procedure on claims of violation

HEMODIALYSIS TECHNICIANS688.625 Definitions for ORS 688.625 to 688.665688.630 Certification requirement688.635 Scope of practice of hemodialysis techni-

cian; rules688.640 Application for certificate; rules688.645 Fees688.650 Qualifications for certification; temporary

or provisional certificates; continuing ed-ucation; certificate expiration; rules

688.655 Grounds for denying, suspending or re-voking certificate; investigation; duty toreport; confidential information; liabilityof person who reports

Title 52 (2013 Edition)

OCCUPATIONS AND PROFESSIONS

688.660 Grounds for discipline of certificateholder; civil penalty; assessment of disci-plinary proceeding cost

688.665 Rules

ATHLETIC TRAINERS688.701 Definitions for ORS 688.701 to 688.734688.705 Board of Athletic Trainers; appointment;

membership; terms688.707 Officers; quorum; meetings688.709 Board duties; rules688.715 Authority of Health Licensing Office;

rules; investigations688.718 Registration required; exceptions688.720 Requirements for registration688.730 Use of title688.734 Disciplinary authority of Health Licensing

Office

RESPIRATORY THERAPISTS ANDPOLYSOMNOGRAPHIC TECHNOLOGISTS

688.800 Definitions for ORS 688.800 to 688.840688.802 License required to practice respiratory

care688.803 License required to practice polysomnog-

raphy688.805 Exceptions to license requirements; prac-

tice requirements

688.807 Exemptions for practice of polysomnogra-phy and respiratory care by licensed indi-viduals

688.810 Use of titles688.815 License to practice respiratory care; ex-

amination; license by endorsement orreciprocity

688.819 Polysomnographic technologist license; li-cense by endorsement

688.820 Respiratory Therapist and Polysomno-graphic Technologist Licensing Board;qualification of members; terms; compen-sation

688.825 Selection of board chairperson; quorum;meetings

688.830 Duties of Health Licensing Office and ofboard; rules

688.836 Disciplinary authority of Health LicensingOffice

688.838 Duty to report prohibited conduct688.840 Immunity from civil liability

PENALTIES688.915 Civil penalty for violation of ORS 688.405

to 688.605 or rules688.990 Criminal penalties688.995 Criminal penalty for violation of ORS

688.800 to 688.840688.997 Criminal penalty for violation of ORS

688.718


THERAPEUTIC AND TECHNICAL SERVICES 688.030

PHYSICAL THERAPISTS(Generally)

688.010 Definitions for ORS 688.010 to688.201. As used in ORS 688.010 to 688.201,unless the context requires otherwise:

(1) “Board” means the Physical TherapistLicensing Board.

(2) “Physical therapist” means a personwho is licensed pursuant to ORS 688.010 to688.201 to practice physical therapy.

(3) “Physical therapist aide” means aperson who is trained by a physical therapistor physical therapist assistant to performdesignated and supervised routine tasks re-lated to physical therapy and who works un-der the direct on-site supervision of aphysical therapist or physical therapist as-sistant.

(4) “Physical therapist assistant” meansa person who assists a physical therapist inthe administration of selected components ofphysical therapy intervention. A physicaltherapist assistant works under the super-vision and direction of the physical therapist.

(5) “Physical therapy” means the careand services provided by a physical therapistor by a physical therapist assistant under thesupervision and direction of a physical ther-apist.

(6) “Practice of physical therapy” means:(a) Examining, evaluating and testing for

mechanical, physiological and developmentalimpairments, functional limitations and disa-bilities or other neuromusculoskeletal condi-tions in order to determine a physicaltherapy diagnosis or prognosis or a plan ofphysical therapy intervention and to assessthe ongoing effects of physical therapy inter-vention.

(b) Alleviating impairments and func-tional limitations by designing, implement-ing, administering and modifying physicaltherapy interventions.

(c) Reducing the risk of injury, impair-ment, functional limitation and disability byphysical therapy interventions that may in-clude as a component the promotion andmaintenance of health, fitness and quality oflife in all age populations.

(d) Consulting or providing educationalservices to a patient for the purposes of par-agraphs (a), (b) and (c) of this subsection.[1959 c.461 §1; 1965 c.314 §1; 1969 c.339 §1; 1971 c.585 §1;1975 c.111 §1; 1987 c.726 §5; 2005 c.627 §3]

688.015 Findings and purpose. (1) TheLegislative Assembly finds and declares thatproviding for state administrative control,supervision, licensure and regulation of thepractice of physical therapy in this stateserves the purpose of protecting the publichealth, safety and welfare.

(2) It is the intent of the Legislative As-sembly that only individuals who meet andmaintain prescribed standards of competencemay engage in the practice of physical ther-apy as authorized by ORS 688.010 to 688.201and implemented by the Physical TherapistLicensing Board. [2005 c.627 §1]

Note: 688.015 and 688.035 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 688 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

688.020 License required to practicephysical therapy or use designation. (1)Unless a person is a licensed physical thera-pist or holds a permit issued under ORS688.110, a person shall not:

(a) Practice physical therapy; or(b) Use in connection with the name of

the person the words or letters, “P.T.”,“R.P.T.”, “L.P.T.”, “physical therapist”,“physiotherapist” or any other letters, words,abbreviations or insignia indicating that theperson is a physical therapist, or purports tobe a physical therapist.

(2) Unless a person holds a license as aphysical therapist assistant, a person shallnot:

(a) Practice as a physical therapist assis-tant; or

(b) Use in connection with the name ofthe person the words or letters, “L.P.T.A.”,“P.T.A.”, “physical therapist assistant”, “li-censed physical therapist assistant”, or anyother letters, words, abbreviations orinsignia indicating that the person is a phys-ical therapist assistant or purports to be aphysical therapist assistant. [1959 c.461 §2; 1965c.314 §2; 1969 c.339 §2; 1971 c.585 §2; 1975 c.111 §2]

688.030 Application of ORS 688.010 to688.201. ORS 688.010 to 688.201 do not applyto:

(1) A person engaging in the domesticapplication of any activity included in thedefinition of the practice of physical therapy,if the person does not represent to anyonereceiving services or to the public that theperson is a physical therapist or a physicaltherapist assistant.

(2) A person using any procedure in-cluded in the practice of physical therapy ifthe procedure is within the scope of practiceof the person and the person:

(a) Is licensed under a health care li-censing law of this state; and

(b) Does not represent or imply that theperson is a physical therapist or a physicaltherapist assistant.

(3) A person who is enrolled in an ac-credited physical therapy education programthat leads to a degree as a physical therapist


688.035 OCCUPATIONS AND PROFESSIONS

or a physical therapist assistant and who issatisfying supervised clinical education re-quirements under the direct supervision of aphysical therapist.

(4) A person licensed in the practice ofphysical therapy in another jurisdiction whois, for a period not to exceed 60 days in eachcalendar year:

(a) Providing consultation from the otherjurisdiction by means of telecommunicationsto a physical therapist in this state;

(b) Providing physical therapy services toan individual employed by or affiliated witha touring theater company, a performing artscompany, an athletic team or an athletic or-ganization; or

(c) Performing physical therapy whileteaching or participating in an educationalconference in this state. [1959 c.461 §3; 1965 c.314§3; 1975 c.111 §3; 1987 c.726 §6; 2007 c.403 §2; 2013 c.79§1]

688.035 Short title. ORS 688.010 to688.201 may be cited as the Oregon PhysicalTherapy Practice Act. [2005 c.627 §2]

Note: See note under 688.015.

(Licensing)688.040 Licensing procedure. (1) Any

person desiring to be a licensed physicaltherapist or physical therapist assistant shallapply in writing to the Physical TherapistLicensing Board in the form and mannerprovided by the board by rule.

(2) Each application shall include or beaccompanied by evidence, satisfactory to theboard, that the applicant possesses the quali-fications prescribed by ORS 688.050 for ap-plicants for licensing as a physical therapistand ORS 688.055 for applicants for licensingas a physical therapist assistant.

(3) An applicant shall include with theapplication any application and examinationfees prescribed by the board by rule.

(4) The board shall notify an applicant ofany deficiencies in the application. [1959 c.461§6; 1969 c.339 §3; 1971 c.585 §3; 1975 c.111 §4; 1995 c.79§347; 2005 c.21 §7; 2005 c.627 §4a]

688.050 Qualifications of physicaltherapist; examination; rules. (1) Each ap-plicant for a license as a physical therapistshall:

(a) Be at least 18 years of age.(b) Be of good moral character as deter-

mined by the Physical Therapist LicensingBoard.

(c)(A) Be a graduate of an accreditedprofessional physical therapy education pro-gram approved by the board; or

(B) Have military experience or trainingthat the board determines is substantially

equivalent to the education required by sub-paragraph (A) of this paragraph.

(d) Pass to the satisfaction of the boardan examination approved by the board to de-termine the fitness of the applicant to prac-tice as a physical therapist or to be entitledto be licensed as provided in ORS 688.080.An applicant for licensure as a physicaltherapist who does not pass the examinationon the first attempt may retake the exam-ination as provided by rules adopted by theboard.

(2) In addition to the requirements ofsubsection (1) of this section, an applicantfor a license as a physical therapist who hasbeen educated outside the United Statesshall:

(a) Provide evidence satisfactory to theboard that the applicant’s physical therapyeducation program is recognized or accred-ited and that the applicant’s education issubstantially equivalent to the education ofphysical therapists who graduated from ac-credited physical therapy education programsapproved by the board. If the board deter-mines that the education of an applicant whograduated from a physical therapy educationprogram outside the United States is notsubstantially equivalent, the board may re-quire the applicant to complete additionalcourse work before the board proceeds withthe application process.

(b) Obtain an evaluation of theapplicant’s educational credentials by a cre-dentials evaluation agency approved by theboard.

(c) Demonstrate proficiency in English ifrequired by the board.

(d) Pass to the satisfaction of the boardan examination approved by the board.

(3) If an applicant who has been educatedoutside the United States is a graduate of anaccredited physical therapy education pro-gram approved by the board, the board maywaive the requirements of subsection (2)(a)and (b) of this section. [1959 c.461 §5; 1971 c.585§4; 1973 c.827 §73; 2005 c.627 §5; 2012 c.43 §15]

688.055 Qualifications of physicaltherapist assistant; examination. Eachapplicant for a license as a physical therapistassistant shall:

(1) Be at least 18 years of age.(2) Be of good moral character as deter-

mined by the Physical Therapist LicensingBoard.

(3) Be a graduate of an accredited phys-ical therapist assistant education programapproved by the board.

(4) Pass to the satisfaction of the boardan examination approved by the board to de-termine the fitness of the applicant to work



as a physical therapist assistant or to be en-titled to be licensed as provided in ORS688.080. An applicant for licensure as aphysical therapist assistant who does notpass the examination on the first attemptmay retake the examination as provided byrules adopted by the board. [1969 c.339 §5; 1971c.585 §5; 1973 c.827 §74; 1975 c.111 §5; 2005 c.627 §6]

688.060 [1959 c.461 §4; 1969 c.339 §7; 1971 c.585 §6;1975 c.111 §6; repealed by 1983 c.740 §251]

688.070 [1959 c.461 §7; 1969 c.339 §8; 1971 c.585 §7;1975 c.526 §7; 1983 c.224 §1; repealed by 2005 c.627 §18]

688.080 Reciprocity; fee. (1) The Phys-ical Therapist Licensing Board may licenseas a physical therapist or license as a phys-ical therapist assistant, without examination,any person who:

(a) Applies for a license as provided inORS 688.040;

(b) Is of good moral character as deter-mined by the board; and

(c) On the date of making application, isa physical therapist or physical therapist as-sistant who has a valid unrestricted licensefrom any other state or territory of theUnited States if the requirements for licens-ing of physical therapists or physical thera-pist assistants in the state or territory inwhich the applicant is licensed are substan-tially equivalent to Oregon’s licensure re-quirements and the applicant passed to thesatisfaction of the examiner of such state orterritory a written examination that is ap-proved by the board of this state.

(2) Each applicant under this sectionshall pay a fee to the board at the time offiling the application. [1959 c.461 §9; 1969 c.339§9; 1971 c.585 §8; 1975 c.111 §7; 1975 c.526 §8; 1983 c.224§1a; 2005 c.627 §7]

688.090 License; certificate. The Phys-ical Therapist Licensing Board shall licenseas a physical therapist or a physical thera-pist assistant each applicant who proves tothe satisfaction of the board fitness for suchlicense as provided in ORS 688.010 to688.201. The board shall issue a certificate toeach person licensed. The certificate shall beprima facie evidence of the right of the per-son to whom it is issued to represent thatperson as a licensed physical therapist orphysical therapist assistant, whichever cer-tificate the person holds, subject to the pro-visions of ORS 688.010 to 688.201. [1959 c.461§10; 1969 c.339 §10; 1971 c.585 §9; 1975 c.111 §8]

688.100 Renewals; rules; fee; lapse. (1)A person who is licensed as a physical ther-apist or physical therapist assistant shall re-new the person’s license pursuant to therules of the Physical Therapist LicensingBoard. A person who fails to renew the li-cense on or before the expiration date speci-fied by board rule may not practice as aphysical therapist or work as a physical

therapist assistant in this state until thelapsed license is renewed.

(2) The board may reinstate a lapsed li-cense upon payment of all past renewal anddelinquency fees.

(3) If a person’s license has lapsed formore than five consecutive years, that personshall reapply for a license and pay all appli-cable fees. The person shall also demonstrateto the board’s satisfaction competence topractice physical therapy, or shall serve aninternship under a restricted license or takeremedial or refresher courses, or both, at thediscretion of the board. The board may alsorequire the applicant to take an examination.

(4) A person who is licensed as a physicaltherapist or physical therapist assistant shallreport to the board a name change or anychange in business or residential address,electronic mail address or contact telephonenumber within 30 days after the date ofchange. [1959 c.461 §11; 1969 c.339 §11; 1971 c.585 §10;1975 c.526 §9; 1983 c.224 §2; 2005 c.627 §8]

688.110 Temporary permit; fee. (1) ThePhysical Therapist Licensing Board, in itsdiscretion, may issue without examination atemporary permit to a person to practice asa physical therapist or to work as a physicaltherapist assistant in this state if the personfiles an application for license as provided inORS 688.040 or 688.080, and pays to theboard at the time of filing the application thetemporary permit fee.

(2) A person holding a temporary permitmay practice physical therapy only under thedirection of a physical therapist licensed un-der ORS 688.010 to 688.201.

(3) The temporary permit shall begranted for a period not to exceed threemonths. The board may renew the temporarypermit at its discretion for an additionalthree months, but no longer. [1959 c.461 §12; 1969c.339 §12; 1971 c.585 §11; 1975 c.526 §10; 1983 c.224 §3;1991 c.703 §31; 2005 c.627 §9]

688.120 Fraudulent representationsprohibited. A person may not obtain or at-tempt to obtain a license as a physical ther-apist or as a physical therapist assistant ora temporary permit under ORS 688.110 byany fraudulent representation. [1959 c.461 §13;1969 c.339 §13; 1971 c.585 §12; 1975 c.111 §9; 2005 c.21 §8;2005 c.627 §10]

688.125 Notice to patient of interest inphysical therapy practice. In order to en-sure that physical therapy treatment of apatient is based solely on the needs of a pa-tient, any health care practitioner licensedby a health professional regulatory board asdefined in ORS 676.160 who owns, in part orin whole, a physical therapy practice, or whoemploys a physical therapist, shall communi-cate the facts of that ownership or employ-ment relationship to patients for whom



physical therapy is prescribed and inform thepatient that alternative sources of physicaltherapy treatment are available. [1987 c.726 §9;2009 c.142 §5]

688.130 [1959 c.461 §16; 1965 c.314 §4; 1969 c.339 §14;1971 c.585 §13; 1975 c.111 §10; 1983 c.224 §4; 1989 c.947§1; 1991 c.381 §1; 1993 c.211 §1; 1999 c.539 §1; 1999 c.582§15; repealed by 2005 c.627 §18]

688.132 Duty to refer person. (1) Asused in this section, “provider of care”means a medical doctor, osteopathic physi-cian, chiropractic physician, podiatric physi-cian and surgeon, naturopathic physician,dentist, physician assistant or nurse practi-tioner.

(2) A licensed physical therapist shallimmediately refer a person being treated bythe licensed physical therapist to a providerof care if the person exhibits symptoms:

(a) That require treatment or diagnosisby a provider of medical care;

(b) For which physical therapy is contra-indicated;

(c) That the physical therapist does notknow how to treat; or

(d) For which treatment is outside thescope of practice of physical therapy. [1993c.211 §4; 1999 c.539 §2; 2001 c.104 §262; 2005 c.627 §11;2007 c.403 §1; 2013 c.1 §89; 2013 c.80 §1]

688.134 [1993 c.211 §7; 1997 c.408 §1; repealed by 2005c.627 §18]

688.135 Duties and responsibilities ofphysical therapist. (1) A physical therapistlicensed under ORS 688.010 to 688.201 shall:

(a) Be responsible for managing all as-pects of the physical therapy care of eachpatient.

(b) Ensure the qualifications of all phys-ical therapist assistants and physical thera-pist aides working under the direction andsupervision of the physical therapist.

(c) Provide for each patient the thera-peutic intervention that requires the exper-tise of a physical therapist and determineand supervise the use of physical therapistassistants or physical therapist aides to pro-vide care that is safe, effective and efficient.

(2) Responsibility for patient care man-agement shall include accurate documenta-tion and billing of the physical therapyservices provided. Information relating to thephysical therapist-patient relationship is con-fidential and a physical therapist shall com-ply with the laws and rules governing theuse and disclosure of a patient’s protectedhealth information as provided in ORS192.553 to 192.581.

(3) Each physical therapist shall displaya copy of the physical therapist’s license orcurrent renewal verification in a locationaccessible to public view at the physicaltherapist’s place of practice or employment.

(4) A physical therapist may purchase,store and administer topical and aerosolmedications as part of the practice of phys-ical therapy as defined in ORS 688.010. Aphysical therapist shall comply with anyrules adopted by the State Board of Phar-macy specifying protocols for storage ofmedications.

(5) A physical therapist shall adhere tothe standards of ethics recognized by thephysical therapy profession as further estab-lished by a nationally recognized professionalorganization of physical therapists and asfurther adopted by the board.

(6) A physical therapist shall disclose toa patient any direct financial interest inproducts that the physical therapist endorsesand recommends to the patient at the timeof such endorsement or recommendation. Thedisclosure shall be documented in thepatient’s record.

(7) A physical therapist may providecompensable services to an injured workeronly as authorized by ORS 656.250.

(8) Nothing in ORS 688.010 to 688.201shall prohibit a physical therapist licensedunder ORS 688.010 to 688.201 from acceptinga referral from a veterinarian licensed underORS chapter 686. The referral must be inwriting and specify the treatment or therapyto be provided, pursuant to ORS 686.040 (4).A physical therapist practicing under thissubsection shall be held to the standard ofcare for veterinarians set forth in ORSchapter 686.

(9) Unless state or federal laws relatingto confidentiality or the protection of healthinformation prohibit disclosure, a physicaltherapist who has reasonable cause to be-lieve that a licensee of another board hasengaged in prohibited conduct as defined inORS 676.150 shall report the prohibited con-duct in the manner provided in ORS 676.150.[2005 c.627 §16; 2009 c.536 §24]

688.140 Grounds for discipline; sanc-tions; civil penalties. (1) The PhysicalTherapist Licensing Board, after notice andhearing as provided in ORS 688.145, may im-pose any or all of the following sanctions ortake any of the following actions upon anyof the grounds specified in subsection (2) ofthis section:

(a) Refuse to license any applicant.(b) Refuse to renew the license of any

physical therapist or physical therapist as-sistant.

(c) Suspend or revoke the license of anyphysical therapist or physical therapist as-sistant.

(d) Suspend or revoke a temporary permitissued under ORS 688.110.



(e) Impose a civil penalty not to exceed$5,000.

(f) Impose probation with authority tolimit or restrict a license.

(g) Impose conditions, restrictions orlimitations on practice.

(h) Issue letters of reprimand.(i) Impose any other appropriate sanc-

tion, including assessment of the reasonablecosts of a proceeding under ORS 688.145 asa civil penalty. Costs include, but are notlimited to, the costs of investigation, attor-ney fees, hearing officer costs and the costsof discovery.

(2) Grounds exist for the imposition ofsanctions as specified in subsection (1) ofthis section when a person:

(a) Violates any provision of ORS 688.010to 688.201, board rules or a written orderfrom the board.

(b) Practices or offers to practice beyondthe scope of practice of physical therapy.

(c) Obtains or attempts to obtain or re-new a license or temporary permit by fraudor misrepresentation.

(d) Provides substandard care as a phys-ical therapist through a deliberate or negli-gent act or failure to act, regardless ofwhether injury to the patient occurs.

(e) Provides substandard care as a phys-ical therapist assistant by exceeding the au-thority to perform components of physicaltherapy interventions selected by the super-vising physical therapist or through a delib-erate or negligent act or failure to act,regardless of whether injury to the patientoccurs.

(f) Fails as a physical therapist to super-vise physical therapist assistants in accor-dance with board rules.

(g) Fails as a physical therapist or phys-ical therapist assistant to supervise physicaltherapist aides in accordance with boardrules.

(h) Subject to the provisions of ORS670.280, has been convicted of a crime inOregon or any other state, territory orcountry. For purposes of this paragraph,conviction includes a verdict of guilty, a pleaof guilty or a plea of no contest.

(i) Has an impairment as defined in ORS676.303.

(j) Has had an application for licensurerefused because of conduct or circumstancesthat would be grounds for sanctions by theboard, or a license revoked or suspended, orother disciplinary action taken by the properauthorities of another state, territory orcountry.

(k) Engages in sexual misconduct. Forpurposes of this paragraph, sexual miscon-duct includes but is not limited to:

(A) Engaging in sexual conduct or solic-iting a sexual relationship with a currentpatient, whether consensual or nonconsen-sual.

(B) Intentionally exposing or viewing acompletely or partially disrobed patient inthe course of treatment if the exposure orviewing is not related to patient diagnosis ortreatment under current practice standards.

(L) Directly or indirectly requests, re-ceives, pays or participates in dividing,transferring or assigning an unearned fee orprofits by a means of a credit or other valu-able consideration such as an unearned com-mission, discount or gratuity in connectionwith the furnishing of physical therapy ser-vices. This paragraph does not prohibit themembers of any regularly and properly or-ganized business entity recognized by lawand comprised of physical therapists from di-viding fees received for professional servicesamong themselves as they determine.

(m) Fails to adhere to the standards ofethics of the physical therapy profession es-tablished by board rule.

(n) Obtains or attempts to obtain a feefor physical therapy services by fraud ormisrepresentation.

(o) Makes misleading, deceptive orfraudulent representations in the course ofproviding physical therapy services.

(p) Fails to report to the board, when theperson has direct knowledge of an unprofes-sional, incompetent or illegal act that rea-sonably appears to be in violation of ORS688.010 to 688.201 or any rules of the board.

(q) Interferes with an investigation ordisciplinary proceeding of the board.

(r) Aids or abets a person who is not li-censed in this state to practice physicaltherapy.

(s) Fails to maintain adequate patient re-cords.

(t) Fails to maintain patient confidential-ity.

(u) Provides treatment intervention thatis not warranted by the patient’s conditionor continues treatment beyond the point ofreasonable benefit to the patient.

(v) Provides physical therapy services orparticipates in physical therapy servicessolely for reasons of personal or institutionalfinancial gain.

(w) Aids or causes another person, di-rectly or indirectly, to violate ORS 688.010to 688.201 or rules of the board, fraudulentlyuses or permits the use of a license number



in any way, or acts with the intent to violateORS 688.010 to 688.201 or rules of the board.

(3) To enforce the provisions of this sec-tion, the board is authorized to initiate aninvestigation and take the following actions:

(a) Receive complaints filed against per-sons and conduct timely investigations.

(b) Initiate its own investigation if theboard has reason to believe that there mayhave been a violation of ORS 688.010 to688.201.

(c) Issue a subpoena to compel the at-tendance of any witness or the production ofany documentation relating to a matter un-der investigation. In addition to the board,the executive director or the executivedirector’s designee may issue a subpoena.When the board, in the course of an investi-gation, requires the production of patient re-cords for inspection and copying bysubpoena, or otherwise, the records shall beproduced without regard to whether patientconsent has been obtained and without re-gard to any claim of confidentiality or privi-lege.

(d) Take the deposition of a witness, in-cluding a physical therapist or physical ther-apist assistant being investigated, in themanner provided by law in civil cases.

(e) Take emergency action to suspend aperson’s license or restrict the person’spractice or employment pending proceedingsby the board.

(f) Report to the appropriate district at-torney all cases that, in the judgment of theboard, warrant prosecution.

(g) Require a person to undergo a mental,physical, chemical dependency or competencyevaluation at the person’s expense when theboard has objectively reasonable grounds tobelieve that the person is or may be unableto practice physical therapy with reasonableskill and safety, with the results being re-ported to the board. The report shall not bedisclosed to the public but may be receivedinto evidence in a proceeding between theboard and the person when the mental,physical, chemical dependency or competencyof the person is at issue, notwithstanding anyclaim of privilege by the person.

(4) If the board finds that the informationreceived in a complaint or an investigationdoes not merit disciplinary action against aperson, nondisciplinary actions may ensue.The board may then take the following ac-tions:

(a) Dismiss the complaint.(b) Issue a confidential advisory letter to

the person that is nondisciplinary and thatnotifies the physical therapist or physical

therapist assistant that certain conduct orpractices must be modified or eliminated.

(5) The board may apply for injunctiverelief in any court of competent jurisdictionto enjoin any person from committing anyact in violation of ORS 688.010 to 688.201.Injunction proceedings are in addition to,and not in lieu of, penalties or other sanc-tions prescribed in ORS 688.010 to 688.201.[1959 c.461 §14; 1969 c.339 §15; 1971 c.585 §14; 1975 c.111§11; 1979 c.744 §59; 1983 c.224 §5; 1985 c.41 §3; 1989 c.947§2; 1993 c.211 §2; 1999 c.709 §1; 2005 c.627 §12; 2009 c.756§66]

688.145 Discipline procedure; reviewof orders; confidential information. (1)When the Physical Therapist LicensingBoard proposes to impose any of the sanc-tions authorized in ORS 688.140, opportunityfor hearing shall be accorded as provided inORS chapter 183.

(2) Judicial review of orders under sub-section (1) of this section shall be as pro-vided in ORS chapter 183.

(3) Information that the board obtains aspart of an investigation into licensee or ap-plicant conduct or as part of a contested caseproceeding, consent order or stipulatedagreement involving licensee or applicantconduct is confidential as provided underORS 676.175. [1971 c.734 §140; 1985 c.41 §4; 1997 c.791§43]

688.150 [1959 c.461 §15; 1969 c.339 §16; 1971 c.585 §15;repealed by 1971 c.734 §21]

(State Board)688.160 Physical Therapist Licensing

Board; qualifications; terms; vacancies;duties; rules; fees; meetings; executivedirector. (1) The Physical Therapist Licens-ing Board operates as a semi-independentstate agency subject to ORS 182.456 to182.472, for purposes of carrying out the pro-visions of ORS 688.010 to 688.201 and 688.990.The Physical Therapist Licensing Board con-sists of eight members appointed by theGovernor and subject to confirmation by theSenate in the manner provided in ORS171.562 and 171.565. All members of theboard must be residents of this state. Of themembers of the board:

(a) Five must be physical therapists whoare Oregon residents, possess unrestricted li-censes to practice physical therapy in thisstate, have been practicing in this state forat least two years immediately precedingtheir appointments and have been practicingin the field of physical therapy for at leastfive years.

(b) One must be a licensed physical ther-apist assistant.

(c) Two must be public members whohave an interest in consumer rights and whoare not:



(A) Otherwise eligible for appointment tothe board; or

(B) The spouse, domestic partner, child,parent or sibling of a physical therapist orphysical therapist assistant.

(2)(a) Board members required to bephysical therapists or physical therapist as-sistants may be selected by the Governorfrom a list of three to five nominees for eachvacancy, submitted by the Oregon PhysicalTherapy Association.

(b) In selecting the members of the board,the Governor shall strive to balance the rep-resentation on the board according to:

(A) Geographic areas of this state; and(B) Ethnic group.(3)(a) The term of office of each member

is four years, but a member serves at thepleasure of the Governor. The terms must bestaggered so that no more than three termsend each year. A member is eligible for re-appointment.

(b) In the event of a vacancy in the officeof a member of the board other than by rea-son of the expiration of a term, the Gover-nor, not later than 90 days after theoccurrence of the vacancy, shall appoint aperson to fill the vacancy for the unexpiredterm.

(c) A board member shall be removedimmediately from the board if, during themember’s term, the member:

(A) Is not a resident of this state;(B) Has been absent from three consec-

utive board meetings, unless at least one ab-sence is excused;

(C) Is not a licensed physical therapistor a retired physical therapist who was a li-censed physical therapist in good standing atthe time of retirement, if the board memberwas appointed to serve on the board as aphysical therapist; or

(D) Is not a licensed physical therapistassistant or a retired physical therapist as-sistant who was a licensed physical therapistassistant in good standing at the time of re-tirement, if the board member was appointedto serve on the board as a retired physicaltherapist assistant.

(4) Each member of the board is entitledto compensation and expenses as provided inORS 292.495. The board may provide by rulefor compensation to board members for theperformance of official duties at a rate thatis greater than the rate provided in ORS292.495.

(5) A board member who acts within thescope of board duties, without malice and inreasonable belief that the member’s action is

warranted by law, is immune from civil li-ability.

(6) The board shall have power to:(a) Establish matters of policy affecting

administration of ORS 688.010 to 688.201;(b) Provide for examinations for physical

therapists and physical therapist assistantsand adopt passing scores for the examina-tions;

(c) Adopt rules necessary to carry outand enforce the provisions of ORS 688.010 to688.201;

(d) Establish standards and tests to de-termine the qualifications of applicants forlicenses to practice physical therapy in thisstate;

(e) Issue licenses to persons who meetthe requirements of ORS 688.010 to 688.201;

(f) Adopt rules relating to the supervisionand the duties of physical therapist aideswho assist in performing routine work undersupervision;

(g) Adopt rules establishing minimumcontinuing education requirements for all li-censees;

(h) Exercise general supervision over thepractice of physical therapy within this state;

(i) Establish and collect fees for the ap-plication or examination for, or the renewal,reinstatement or duplication of, a licenseunder ORS 688.040, 688.080 or 688.100 or forthe issuance of a temporary permit underORS 688.110; and

(j) Establish and collect fees to carry outand enforce the provisions of ORS 688.010 to688.201.

(7) The board shall meet as determinedby the board and at any other time at thecall of the board chairperson, who shall beelected by the members of the board. Allmembers have equal voting privileges.

(8) The board may appoint and fix thecompensation of staff as necessary to carryout the operations of the board.

(9) The board shall:(a) Maintain a current list of all persons

regulated under ORS 688.010 to 688.201, in-cluding the persons’ names, current businessand residential addresses, telephone numbers,electronic mail addresses and license num-bers.

(b) Provide information to the public re-garding the procedure for filing a complaintagainst a physical therapist or physical ther-apist assistant.

(c) Publish at least annually, and in aformat or place determined by the board,final disciplinary actions taken against phys-ical therapists and physical therapist assis-



tants and other information, including rules,in order to guide physical therapists andphysical therapist assistants regulated pur-suant to ORS 688.010 to 688.201. [1959 c.461 §17;1969 c.339 §17; 1971 c.585 §16; 1971 c.650 §38; 1973 c.792§43; 1975 c.111 §12; 1985 c.41 §5; 1993 c.387 §1; 1999 c.1084§26; 2005 c.627 §13; 2009 c.535 §26; 2009 c.756 §100; 2011c.597 §282]



688.190 [1959 c.461 §21; 1969 c.339 §19; repealed by1971 c.585 §23]

688.200 [1959 c.461 §24; 1961 c.593 §4; 1967 c.637 §33;1971 c.585 §19; repealed by 1973 c.427 §33 (688.201 enactedin lieu of 688.200)]

688.201 Disposition of receipts. Allmoneys received under ORS 688.010 to688.201 shall be paid into the account estab-lished by the Physical Therapist LicensingBoard under ORS 182.470. Those moneyshereby are appropriated continuously to theboard and shall be used only for the admin-istration and enforcement of ORS 688.010 to688.201. [1973 c.427 §34 (enacted in lieu of 688.200);1999 c.1084 §28]

Note: The amendments to 688.201 by section 16,chapter 240, Oregon Laws 2013, become operative Janu-ary 1, 2017. See section 20, chapter 240, Oregon Laws2013. The text that is operative on and after January1, 2017, is set forth for the user’s convenience.

688.201. All moneys received under ORS 688.010 to688.201 shall be paid into the account established by thePhysical Therapist Licensing Board under ORS 182.470.Those moneys hereby are appropriated continuously tothe board and shall be used only for the administrationand enforcement of ORS 676.850 and 688.010 to 688.201.



(Enforcement)688.230 Report of suspected violation;

confidentiality of report; liability of per-son reporting. (1) Any licensed health facil-ity, licensed physical therapist, licensedphysical therapist assistant, the OregonPhysical Therapy Association, physician li-censed under ORS chapter 677 or dentistshall, and any other person may, report sus-pected violations of ORS 688.010 to 688.201to the Physical Therapist Licensing Board.The reports are confidential as provided un-der ORS 676.175.

(2) Any person who reports or providesinformation to the board under subsection (1)of this section and who provides informationin good faith shall not be subject to an ac-tion for civil damages as a result thereof.[1985 c.41 §7; 1997 c.791 §45; 2013 c.129 §37]

688.235 [1989 c.843 §14; repealed by 2005 c.627 §18]

MEDICAL IMAGING PRACTITIONERS AND LIMITED X-RAY MACHINE

OPERATORS(Generally)

688.405 Definitions for ORS 688.405 to688.605. As used in ORS 688.405 to 688.605:

(1) “Approved school” means a schoolaccredited in one of the medical imagingmodalities or subspecialties by a nationalpost-secondary accreditation body and whosegraduates are qualified to sit for a creden-tialing examination recognized by the Boardof Medical Imaging in the graduate’s medicalimaging modality or subspecialty.

(2) “Clinical instructor” means an indi-vidual assigned to supervise students in aclinical setting who is:

(a) A licensed physician who routinelysupervises the medical imaging modality be-ing studied by a student; or

(b) An individual licensed by the boardand credentialed by a credentialing organiza-tion in the medical imaging modality beingstudied by a student.

(3) “Credential” means the recognitionawarded to an individual who meets the re-quirements of a credentialing organization.

(4) “Credentialing organization” means anationally recognized organization that is-sues credentials through testing or evalu-ations that determine that a person meetsdefined standards for training and compe-tence in a medical imaging modality.

(5) “Diagnostic medical sonography”means the use of nonionizing high frequencysound waves with specialized equipment todirect the sound waves into areas of the hu-man body to generate images for the assess-ment and diagnosis of various medicalconditions.

(6) “Graduate” means an individual whohas completed the didactic and clinical edu-cation at an approved school, including doc-umented clinical proficiency, but who hasnot met all requirements for credentialing bya credentialing organization.

(7) “Hybrid imaging or radiation therapyequipment” means equipment that combinesmore than one medical imaging modality intoa single device.

(8)(a) “Ionizing radiation” means alphaparticles, beta particles, gamma rays, X-rays,neutrons, high-speed electrons, high-speedprotons or other particles capable of produc-ing ions.

(b) “Ionizing radiation” does not includenonionizing radiation.

(9) “License” means a license issued bythe board to practice one or more of themedical imaging modalities.



(10) “Licensed nurse practitioner” meansa nurse practitioner licensed in Oregon.

(11) “Licensed physician” means a physi-cian or surgeon licensed in Oregon.

(12) “Licensed physician assistant” meansa physician assistant licensed in Oregon.

(13) “Limited X-ray machine operator”means a person who performs diagnostic X-ray procedures under the supervision of a li-censed physician, licensed nurse practitioneror licensed physician assistant using equip-ment that emits external ionizing radiationresulting in diagnostic radiographic imagesthat are limited to select human anatomicalsites.

(14) “Limited X-ray machine operatorcourse of study” means a board-approved setof didactic and clinical experience elementsdesigned to prepare a person for gainingpractical experience and for passing the lim-ited X-ray machine operator examination.

(15) “Magnetic resonance imaging”means the process by which certain nuclei,when placed in a magnetic field, absorb andrelease energy in the form of radio wavesthat are analyzed by a computer therebyproducing an image of human anatomy andphysiological information.

(16)(a) “Medical imaging” means the useof specialized equipment for the productionof visual representations of human anatomy,tissues or organs.

(b) “Medical imaging” includes but is notlimited to X-ray, single photon emission,positron emission technology, ultrasound,magnetic fields, visible light and radio waves.

(17) “Medical imaging licensee” means aperson other than a limited X-ray machineoperator who holds a valid license and oper-ates medical imaging equipment for diagnos-tic or therapeutic purposes under thesupervision 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 subspe-

cialties; or(e) Radiography and all its subspecialties.(19) “Nonionizing radiation” includes ra-

diation such as radiofrequency or micro-waves, visible, infrared or ultraviolet light orultrasound.

(20) “Nuclear medicine technology”means the specialized equipment that mea-sures radiation emitted by radionuclides, in-

cluding counters and cameras that formmedical images for interpretation by a physi-cian, or assists in therapeutic use ofradionuclides.

(21) “Radiation therapy” means the useof ionizing radiation on a human being fortherapeutic purposes.

(22) “Radiographer” means a personother than a licensed physician who performsa comprehensive set of diagnosticradiographic procedures under the super-vision of a licensed physician using externalionizing radiation to produce radiographic,fluoroscopic or digital images.

(23) “Radiography” means the use ofionizing radiation to produce radiographic,fluoroscopic or digital images of humananatomy for diagnostic purposes.

(24) “Radiologist” means a person li-censed to practice medicine in the State ofOregon who is certified by or board eligiblefor certification by the American Board ofRadiology, the American Osteopathic Associ-ation, the Royal College of Radiologists orthe Royal College of Physicians and Sur-geons of Canada.

(25) “Student” means an individual en-rolled in:

(a) An approved school; or(b) A limited X-ray machine operator

course of study.(26) “Supervision” means the act of mon-

itoring and reviewing the performance ofmedical imaging licensees or limited X-raymachine operators through regular inspec-tions of work produced, regardless ofwhether the supervising individual is contin-uously physically present during the use ofmedical imaging equipment or X-ray equip-ment. [1977 c.534 §2; 1981 c.603 §6; 1999 c.517 §1; 2009c.833 §1; 2011 c.9 §86; 2013 c.87 §1]

688.415 License or permit require-ment; prohibited acts. (1) A person maynot:

(a) Practice a medical imaging modalityor purport to be a medical imaging licenseeunless the person is licensed in accordancewith the provisions of ORS 688.405 to688.605;

(b) Operate an X-ray machine as de-scribed in ORS 688.515 (1) and (2) or purportto be a limited X-ray machine operator un-less the person holds a valid limited X-raymachine operator permit in accordance withthe provisions of ORS 688.405 to 688.605;

(c) Practice any medical imagingmodality or as a limited X-ray machine oper-ator under a false or assumed name;

(d) Knowingly employ a person for thepurpose of practicing a medical imaging



modality or as a limited X-ray machine oper-ator if the person is not licensed or does nothold a valid permit in accordance with theprovisions of ORS 688.405 to 688.605;

(e) Obtain or attempt to obtain a licenseor permit or a renewal of a license or permitby bribery or fraudulent representation;

(f) Knowingly make a false statement onan application for a license or permit or arenewal for a license or permit; or

(g) Perform a medical imaging procedureon a person unless the procedure:

(A) Serves a medical purpose;(B) Is ordered by a licensed physician, li-

censed physician assistant, licensed nursepractitioner, certified registered nurse anes-thetist, as defined in ORS 678.245, or otherregistered nurse licensed under ORS chapter678 who has been authorized by the OregonState Board of Nursing to order a medicalimaging procedure; and

(C) Is interpreted by a licensee describedin subparagraph (B) of this paragraph who isacting within the scope of the licensee’s au-thority.

(2) Subsection (1)(g) of this section doesnot apply to screening mammography. Asused in this subsection, “screeningmammography” means a radiologic procedureperformed on a woman for the early de-tection of breast cancer. [1977 c.534 §§4(3),20; 2009c.833 §2; 2012 c.1 §4; 2013 c.87 §2]

688.425 Licensed persons may use ti-tle. (1) A person licensed in one of the med-ical imaging modalities in accordance withthe provisions of ORS 688.405 to 688.605 mayuse the identifying titles and initials of theperson’s credentialing organization.

(2) A person who holds a permit as alimited X-ray machine operator issued underORS 688.515 may use the title of “LimitedX-ray Machine Operator” or the letters“LXMO.”

(3) A person may not use credential ti-tles, abbreviations of credential titles or ini-tials resembling credential titles unless theperson is authorized as provided in this sec-tion. [1977 c.534 §18; 2009 c.833 §3]

688.435 Application of ORS 688.405 to688.605. The provisions of ORS 688.405 to688.605 do not apply to the following persons:

(1) Persons who operate dental X-rayequipment for the sole purpose of oralradiography.

(2) Students in approved schools, whilepracticing one of the medical imagingmodalities or subspecialties under the super-vision of the school’s assigned clinical in-structor.

(3) Specific licensed health care provid-ers, other than physicians, who usesonographic equipment within their lawfulscope of practice.

(4) Licensed physicians.(5) Persons who use radiation for the

purpose of research or education. As used inthis subsection:

(a) “Education” means a program ofstudy or training:

(A) In which a student, trainee or healthcare practitioner learns to practice or im-prove skills for a profession regulated by ahealth professional regulatory board, as de-fined in ORS 676.160; and

(B)(i) That is accredited by a national orregional post-secondary accrediting body ororganization; or

(ii) That is approved or recognized by ahealth professional regulatory board, as de-fined in ORS 676.160, for purposes related tobeing authorized to practice a profession.

(b) “Research” means systematic investi-gation, including research development, test-ing and evaluation, designed to develop orcontribute to general knowledge and that hasbeen approved by an institutional reviewboard that provides for the protection of hu-man research subjects in accordance withfederal regulations. [1977 c.534 §15; 1979 c.449 §3;1981 c.603 §5; 1993 c.247 §2; 1999 c.517 §2; 2009 c.833 §4;2013 c.87 §3]

(Licensing)688.445 Licensing and renewal proce-

dure; modalities; fees. (1) The Board ofMedical Imaging shall issue:

(a) A license to practice a specified med-ical imaging modality in the State of Oregonto each person who meets the qualificationsfor a license as provided in ORS 688.455. Thelicense shall identify the modality or subspe-cialty for which the qualifications have beenmet.

(b)(A) A permit to practice as a limitedX-ray machine operator in the State of Ore-gon to each person who meets the qualifica-tions to hold that permit as provided in ORS688.515. The permit shall identify the cate-gory for which the qualifications have beenmet.

(B) The categories are skull and sinuses,spine, chest, extremities, podiatric and bonedensitometry.

(2) In order to remain active, a licenseor permit must be renewed every two yearsprior to the first day of the licensee’s birthmonth or as otherwise provided by the boardby rule.

(3) A license or permit that is not re-newed as provided in subsection (2) of this



section expires. The board may renew an ex-pired license or permit upon payment of adelinquent fee in an amount set by the boardplus the biennial renewal fee.

(a) A late renewal may not be grantedmore than two years after a license or permithas expired.

(b) A late renewal may not be granted toany medical imaging licensee not creden-tialed by a credentialing organization.

(4) The board shall renew the license orpermit of a person who meets the require-ments under ORS 688.455 or 688.515 uponreceipt of:

(a) An application accompanied by a feein an amount established by the board; and

(b) Supporting evidence of appropriatecontinuing education as defined by the boardby rule.

(5) A license or permit that has been ex-pired for more than two years may be reis-sued only in the manner prescribed for anoriginal license or permit. [1977 c.534 §5; 1979c.443 §1; 1989 c.214 §1; 1997 c.106 §1; 1997 c.367 §1; 1999c.517 §3; 2005 c.151 §1; 2009 c.833 §5]

688.455 License fee; general qualifica-tions. (1) The Board of Medical Imagingshall issue a license to a person to practicea medical imaging modality if the personmakes an application in writing and pays afee in an amount established by the boardand if the person, at the time of application:

(a) Is at least 18 years of age;(b) Satisfies one of the following require-

ments:(A) Holds a credential issued by a cre-

dentialing organization in a medical imagingmodality recognized by the board or providesthe board with documentation of militarytraining or experience that the board deter-mines is substantially equivalent to the cre-dentialing requirements;

(B) No later than December 31, 2010,passed the examination of the AmericanRegistry of Radiologic Technologists afterbeing sponsored for the examination by theState of Oregon;

(C) Was initially licensed by the Boardof Radiologic Technology before 1980 andheld an active license from the Board ofMedical Imaging on July 1, 2010; or

(D) Meets the requirements for licensingunder ORS 688.495;

(c) Has undergone a background check tothe satisfaction of the board as established inrules adopted by the board;

(d) Has not had a license of any type re-voked by this state or any state, territory ofthe United States or nation;

(e) Has not had a credential revoked byany credentialing organization; and

(f) Meets the standards of ethical conductestablished in the professional standards ofthe corresponding credentialing organizationor a medical imaging modality’s professionalsociety.

(2) All applicants for a license are sub-ject to the examination policies of their re-spective credentialing organizations.

(3)(a) The board may consider issuing anew license to a person whose revoked cre-dential has been reinstated by a credential-ing organization or whose license of any typehas been reinstated by another state.

(b) The board shall consider issuing anew license under this subsection on a case-by-case basis and shall adopt rules governingissuance of a new license. [1977 c.534 §6; 1979c.443 §2; 1991 c.535 §1; 1997 c.367 §2; 2009 c.833 §§6,7; 2012c.1 §2; 2012 c.43 §§17b,17c]



688.480 Qualifications of operators ofcertain equipment. Persons who operatehybrid imaging or radiation therapy equip-ment incorporating more than one medicalimaging modality shall:

(1) Hold a primary credential in at leastone of the modalities in use.

(2) Be a medical imaging licensee in atleast one of the modalities in use and havea restricted license in all other modalitiesincorporated into the hybrid imaging or ra-diation therapy equipment in accordancewith rules adopted by the Board of MedicalImaging. [1979 c.449 §6; 2005 c.151 §4; 2009 c.833 §8]

688.485 Examinations; fees. (1) TheBoard of Medical Imaging shall oversee ex-aminations given each year for a limited X-ray machine operator permit.

(2) A limited X-ray machine operatorpermit applicant who fails to pass an exam-ination may take additional examinations asrequired by the board by rule.

(3) The board shall charge a fee foroversight of limited X-ray machine operatorpermit examinations in an amount deter-mined by the board by rule.

(4) All limited X-ray machine operatorpermit applicants are subject to the rules ofa board-approved testing agency including,but not limited to, testing schedules and fre-quency, fees, application procedures andconduct. [1977 c.534 §11; 2009 c.833 §9]

688.495 Licensing of radiographerwithout examination. The Board of Med-ical Imaging may license as a radiographer,without examination, any person who:



(1) Applies for a license as provided inORS 688.455; and

(2) On the date of making application isa radiographer under the laws of any otherstate, territory of the United States or na-tion, if the requirements for licensure in thatstate, territory or nation are not less strin-gent than those required under ORS 688.405to 688.605 and the applicant passed a writtenexamination in that state, territory or nationthat is comparable to the examination re-quired in this state for the category or cate-gories for which licensure is sought. [1977c.534 §10; 1981 c.603 §3; 2009 c.833 §10]

688.505 Evidence of continuing educa-tion on renewal. (1) At the time a biennialrenewal fee is submitted, the Board of Med-ical Imaging shall require each licensee andpermittee to submit evidence of continuingeducation pertinent to the license or permit.

(2) A holder of a limited X-ray machineoperator permit shall submit evidence of sat-isfying the number of hours of continuingeducation as established by the board byrule.

(3) A holder of a license may submit evi-dence of a current credential issued by thecredentialing organization if that organiza-tion requires continuing education for re-newal of those credentials.

(4) A holder of a license with a credentialfrom a credentialing organization that doesnot require continuing education for renewalshall submit evidence of continuing educa-tion equal to other medical imaging licenseesas required by rule of the board. [1977 c.534§12; 1985 c.325 §1; 1989 c.214 §2; 1999 c.517 §6; 2009 c.833§11]

688.515 Limited X-ray machine opera-tor permit; fees; qualifications; rules. (1)The Board of Medical Imaging shall issue alimited X-ray machine operator permit to anapplicant to practice under the supervisionof a licensed physician, a licensed nursepractitioner or a licensed physician assistantif the applicant meets the requirements asprovided in this section. A limited X-ray ma-chine operator permit shall state the cate-gory or categories for which the applicanthas demonstrated competence and shall belimited to one of the categories listed belowor as established by the board by rule:

(a) Skull and sinuses;(b) Spine;(c) Chest;(d) Extremities;(e) Podiatric; or(f) Bone densitometry.(2) Limited X-ray machine operator per-

mits may not be issued for fluoroscopy, bonythorax studies, abdominal studies, contrast

studies or special head studies such as to-mography, radiation therapy or any of theother medical imaging modalities or subspe-cialties other than the categories listed insubsection (1) of this section or as estab-lished by the board by rule.

(3) Each applicant for a limited X-raymachine operator permit shall:

(a) Make an application in writing;(b) Pay an application fee in an amount

set by the board;(c) Be at least 18 years of age;(d) Have successfully passed a board-

approved course of instruction in radiationuse and safety consisting of the number ofhours of instruction required by the board byrule;

(e) Have successfully completed a courseof instruction approved by the board andtaught by a board-approved, licensedradiographer in laboratory practice specificto each category for which the applicantseeks a limited X-ray machine operator per-mit, with the instructor’s certifying to theboard that the applicant has completed thecourse in those categories applied for;

(f) Have successfully completed a practi-cal experience program approved by theboard, specific to each category for whichthe applicant seeks a limited X-ray machineoperator permit. Such program shall includeoperation of an energized X-ray machine un-der the supervision of a radiographer;

(g) Have paid the examination fee set byboard rule to reflect the actual cost of theexamination;

(h) Have successfully passed an examina-tion approved by the board in the core mod-ule as defined in rules adopted by the board,and in those categories in which the appli-cant seeks a limited X-ray machine operatorpermit;

(i) Have undergone a background checkto the satisfaction of the board as establishedin rules adopted by the board;

(j) Not have had any type of license orpermit revoked by this state or any state,territory of the United States or nation; and

(k) Meet the standards of ethical conductestablished in the professional standards ofa credentialing organization or a medicalimaging modality’s professional society.

(4) Upon meeting the requirements ofthis section, the board shall issue a limitedX-ray machine operator permit to the appli-cant. The limited X-ray machine operatorpermit is subject to the renewal proceduresdescribed in ORS 688.445.

(5) Every person issued a limited X-raymachine operator permit shall notify the



board in writing of the name of each licensedphysician, licensed nurse practitioner or li-censed physician assistant supervising theperson’s performance of diagnosticradiography and may only perform diagnosticradiography while being supervised by a li-censed physician, licensed nurse practitioneror licensed physician assistant. In the eventthe person subsequently is supervised by alicensed physician, licensed nurse practi-tioner or licensed physician assistant otherthan the physician, nurse practitioner orphysician assistant whose name was initiallyfurnished to the board, the person shall im-mediately notify the board in writing.

(6) Limited X-ray machine operators mustmeet the standards of ethical conduct equalto those of a licensed radiographer. [1977 c.534§14; 1979 c.443 §4; 1979 c.449 §1; 1981 c.603 §4; 1985 c.325§2; 1989 c.214 §3; 1989 c.337 §1; 1991 c.535 §2; 1993 c.247§3; 1995 c.124 §1; 1997 c.106 §2; 1997 c.367 §3; 1999 c.517§7; 1999 c.522 §1; 2009 c.833 §12; 2011 c.9 §87]

688.520 Inactive licenses and permits;licenses and permits for periods otherthan 24 months. (1) The Board of MedicalImaging may grant inactive status to a per-son who holds a license or a limited X-raymachine operator permit who notifies theboard of the person’s:

(a) Intent not to practice a medical im-aging modality or subspecialty or as a lim-ited X-ray machine operator; and

(b) Desire to retain the right to reinstatethe license or permit subject to board rules.

(2) Only medical imaging licensees whohold a credential issued by a credentialingorganization or limited X-ray machine opera-tors in good standing may retain the right toreinstate an inactive license.

(3) The board may, in certain disciplinarycircumstances, issue a provisional license orprovisional permit that identifies:

(a) The specific provisions of the licenseand terms of converting the license fromprovisional status to active status;

(b) The length of issuance; and(c) The specific issues that resulted in

provisional status.(4) The board may issue a restricted li-

cense for the purpose of performing hybridimaging using a modality for which the med-ical imaging licensee does not hold either aprimary or secondary credential if:

(a) The person holds a credential in oneor more of the medical imaging modalities orsubspecialties; and

(b) Receives appropriate training in thelimited aspects of the other modality as re-quired by the board by rule.

(5) The board may issue an additional li-cense to a person who:

(a) Holds a license issued by the board inone of the primary medical imagingmodalities;

(b) Holds and continues to maintain aprimary credential issued by a credentialingorganization recognized by the board in oneof the primary medical imaging modalities;and

(c) Holds and continues to maintain anadditional credential issued by a credential-ing organization recognized by the board inthe secondary medical imaging modality forwhich a license is sought.

(6)(a) The board may issue a student li-cense to a person enrolled in an approvedschool for the purpose of allowing the personto complete clinical training requirements.

(b) An applicant for a student licensemust meet the requirements of ORS 688.455(1)(a) and (c) to (f).

(c) The board shall process student appli-cations and shall issue student licenses atreduced fees as provided in rules adopted bythe board.

(d) A student license is valid only whilethe student is enrolled in an approved school.

(7)(a) The board may issue a temporarylicense or permit upon satisfactory applica-tion and payment of a registration fee estab-lished by the board by rule.

(b) Medical imaging license applicants,students and graduates may be issued tem-porary licenses pertaining to a specificmodality or subspecialty without examinationfor a limited time period as determined bythe board by rule.

(c) Limited X-ray machine operator per-mit applicants may be issued temporary per-mits for the purpose of completing clinicaleducation requirements under the super-vision of a licensed physician:

(A) Upon successful completion of thecore module examination;

(B) For an initial period of six months;and

(C) For a single six-month renewal pe-riod, at the discretion of the board.

(8) The board may issue licenses andpermits for periods other than 24 months.The fee for a license or permit issued for anyperiod other than 24 months shall be pro-rated on a monthly basis. [1991 c.535 §4; 1997c.106 §3; 2009 c.833 §13; 2012 c.1 §5]

688.525 Grounds for discipline; inves-tigation of complaints; confidential infor-mation. (1) The Board of Medical Imaging,after notice of and hearing as required underthe contested case procedures of ORS chap-ter 183, may refuse to issue a license or per-mit to any applicant, may refuse to renew



the license of any medical imaging licenseeor the permit of a limited X-ray machine op-erator or may suspend or revoke the licenseor permit of a person who:

(a) Has been disciplined by a credential-ing organization or a licensing board in thisstate or in another state, territory of theUnited States or nation for acts by theholder of a license or a permit that are sim-ilar to acts described in this subsection. Acertified copy of the order of discipline con-stitutes conclusive evidence of the discipline.

(b) Has an impairment as defined in ORS676.303.

(c) In the judgment of the board is guiltyof unethical or unprofessional conduct in thepractice of a medical imaging modality or asa limited X-ray machine operator.

(d) Has been convicted of any crime thatbears a demonstrable relationship to thepractice of a medical imaging modality or asa limited X-ray machine operator, or other-wise reflects adversely on fitness to practice.

(e) In the judgment of the board, hasacted with gross negligence in the practiceof a medical imaging modality or as a limitedX-ray machine operator.

(f) Has undertaken to act as a medicalimaging licensee independently of the super-vision of a licensed physician, or has under-taken to act as a limited X-ray machineoperator independently of the supervision ofa licensed physician, licensed nurse practi-tioner or licensed physician assistant.

(g) Has obtained or attempted to obtaina license or permit under ORS 688.405 to688.605 by fraud or material misrepresen-tation.

(2) Upon receipt of a complaint underORS 688.405 to 688.605, the board shall con-duct an investigation as described under ORS676.165.

(3) Information that the board obtains aspart of an investigation into licensee,permittee or applicant conduct or as part ofa contested case proceeding, consent orderor stipulated agreement involving licensee,permittee or applicant conduct is confidentialas provided under ORS 676.175. [1977 c.534 §28;1979 c.744 §60; 1993 c.247 §4; 1997 c.791 §46; 1999 c.517§8; 2009 c.756 §68; 2009 c.833 §14; 2011 c.9 §88]

(State Board)688.545 Board of Medical Imaging;

qualifications; advisory member; term;compensation and expenses; officers;meetings; quorum; rules. (1) There is cre-ated a Board of Medical Imaging. The boardconsists of 12 members appointed by theGovernor and subject to confirmation by theSenate in the manner provided in ORS

171.562 and 171.565. Each member of theboard must be a resident of this state. Of themembers of the board:

(a) Four must be licensed physicians whorepresent different medical specialties. Atleast one physician shall be a radiologist andat least one physician shall be a licensedmedical imaging specialist;

(b) Five must be practicing medical im-aging licensees, including one from each ofthe medical imaging modalities listed in ORS688.405; and

(c) Three must be members of the public.A public member appointed under this para-graph may not be:

(A) Otherwise eligible for appointment tothe board; or

(B) The spouse, domestic partner, child,parent or sibling of a person issued a licenseor permit by the board.

(2)(a) Board members required to bemedical imaging licensees may be selected bythe Governor from a list of three to fivenominees for each vacancy, submitted by aprofessional organization representing med-ical imaging licensees.


(A) Geographic areas of this state; and(B) Ethnic group.(3) The section manager of the Radiation

Protection Services Section of the OregonHealth Authority, or a person appointed bythe section manager, is an advisory memberof the board for the purpose of providingcounsel and is not entitled to vote.

(4)(a) The term of office of the membersof the board is three years, but a memberserves at the pleasure of the Governor. Theterms must be staggered so that no morethan four terms end each year. A member iseligible for reappointment.

(b) A board member shall be removedimmediately from the board if, during themember’s term, the member:



(C) Is not a licensed physician or a re-tired licensed physician who was a licensedphysician in good standing at the time of re-tirement, if the board member was appointedto serve on the board as a licensed physician;or

(D) Is not a medical imaging licensee ora retired medical imaging licensee who wasa medical imaging licensee in good standing



at the time of retirement, if the board mem-ber was appointed to serve on the board asa medical imaging licensee.

(5) Members of the board are entitled tocompensation and expenses as provided inORS 292.495. The board may provide by rulefor compensation to board members for theperformance of official duties at a rate thatis greater than the rate provided in ORS292.495.

(6) The board shall annually elect a boardchairperson and a vice chairperson from thevoting members of the board.

(7) For the purpose of transacting itsbusiness, the board must meet at least onceevery three months at times and places des-ignated by resolution. Special meetings mayalso be held at such times as the board mayelect or at the call of the chairperson. No-tification of the time, place and purpose ofany special meeting must be sent to allmembers of the board at least 15 days beforethe date of the meeting. All meetings aresubject to ORS 192.610 to 192.690.

(8) Seven members of the board consti-tute a quorum for the transaction of businessat any meeting. Seven affirmative votes arerequired to take action. [1977 c.534 §3; 1979 c.449§4; 1999 c.517 §9; 2005 c.307 §1; 2009 c.535 §27; 2009 c.828§42; 2009 c.833 §38]

688.555 Rulemaking; executive direc-tor. (1) The Board of Medical Imaging shalladopt rules that are necessary to carry outthe provisions of ORS 688.405 to 688.605 and688.915.

(2) In adopting rules, the board shall actwith benefit of the advice of the AttorneyGeneral of the State of Oregon.

(3) The board may appoint and fix thecompensation of an executive director sub-ject to ORS 240.245 and include reimburse-ment for actual and necessary travelexpenses incurred in the performance of theduties of the director. [1977 c.534 §4(1),(2),(4); 1999c.517 §10; 2009 c.833 §16]

688.557 Authority of board to requirefingerprints. For the purpose of requestinga state or nationwide criminal records checkunder ORS 181.534, the Board of MedicalImaging may require the fingerprints of aperson who:

(1) Is applying for a license, or renewalof a license, under ORS 688.445 and 688.455;

(2)(a) Is employed or applying for em-ployment by the board or provides servicesor seeks to provide services to the board asa contractor, vendor or volunteer; and

(b) Is, or will be, working or providingservices in a position in which the personhas or will have access to information that

is confidential under state or federal laws,rules or regulations; or

(3) Is under investigation by the boardpursuant to ORS 688.525. [2007 c.619 §5; 2009 c.833§17; 2013 c.87 §4]

Note: 688.557 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 688 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

688.560 Fees; rules. The Board of Med-ical Imaging by rule shall establish and col-lect reasonable fees for:

(1) Oversight of limited X-ray machineoperator permit examinations.

(2) Special interpretation of examinationresults.

(3) Duplication of permits, licenses andwall certificates.

(4) Reproduction of records.(5) Application processing, licensing and

permitting.(6) Inspections of limited X-ray machine

operator schools. [1993 c.247 §6; 1997 c.367 §4; 1999c.517 §11; 2009 c.833 §18]

Note: 688.560 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 688 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

688.565 Continuing education. (1) TheBoard of Medical Imaging shall approve pro-grams of continuing education in medicalimaging modalities and for limited X-ray ma-chine operators to meet the requirements ofORS 688.505.

(2) The board may seek volunteers fromthe various medical imaging modalities toreview and assist in the approval of continu-ing education credits for their respectivemedical imaging modalities.

(3) Continuing education programs forlimited X-ray machine operators shall be re-viewed by a radiographer. [1977 c.534 §13; 2005c.151 §5; 2009 c.833 §19]

688.575 [1977 c.534 §§16, 17; 1979 c.449 §2; repealedby 1981 c.603 §8]

688.585 Board of Medical Imaging Ac-count. (1) The Board of Medical ImagingAccount is established in the State Treasury,separate and distinct from the General Fund.Except for moneys otherwise designated bystatute, all fees, contributions and othermoneys received by the Board of MedicalImaging must be paid into the State Treasuryand credited to the account. All moneys inthe account are continuously appropriated tothe board to be used by the board for pur-poses of ORS 688.405 to 688.605. Any interestor other income from moneys in the accountshall be credited to the account.



(2) The board shall keep a record of allmoneys deposited in the account. The recordshall indicate by separate cumulative ac-counts the source from which the moneysare derived and the individual activity orprogram for which each withdrawal ischarged. [1977 c.534 §23; 2005 c.726 §15; 2009 c.833 §20]

Note: The amendments to 688.585 by section 17,chapter 240, Oregon Laws 2013, become operative Janu-ary 1, 2017. See section 20, chapter 240, Oregon Laws2013. The text that is operative on and after January1, 2017, is set forth for the user’s convenience.

688.585. (1) The Board of Medical Imaging Accountis established in the State Treasury, separate and dis-tinct from the General Fund. Except for moneys other-wise designated by statute, all fees, contributions andother moneys received by the Board of Medical Imagingmust be paid into the State Treasury and credited to theaccount. All moneys in the account are continuouslyappropriated to the board to be used by the board forpurposes of ORS 676.850 and 688.405 to 688.605. Any in-terest or other income from moneys in the account shallbe credited to the account.

(2) The board shall keep a record of all moneysdeposited in the account. The record shall indicate byseparate cumulative accounts the source from which themoneys are derived and the individual activity or pro-gram for which each withdrawal is charged.

(Enforcement)688.595 Enforcement and inspections.

The section manager of the Radiation Pro-tection Services Section of the OregonHealth Authority shall enforce the provisionsof ORS 688.405 to 688.605 and shall conduct,under the direction of the Board of MedicalImaging, inspections in furtherance of thepurposes of ORS 688.405 to 688.605. [1977 c.534§19; 2005 c.307 §3; 2009 c.595 §1093; 2009 c.833 §21]

688.600 Investigation of alleged vio-lations; power of board; subpoenas; peerreview committees. (1) Upon receipt of acomplaint, or upon its own motion, the Boardof Medical Imaging may investigate any al-leged violation of ORS 688.405 to 688.605.

(2) In the conduct of investigations, theboard may:

(a) Take evidence;(b) Take the depositions of witnesses, in-

cluding the person charged, in the mannerprovided by law in civil cases;

(c) Compel the appearance of witnesses,including the person charged, before theboard in person the same as in civil cases;

(d) Require answers to interrogatories;(e) Compel the production of books, pa-

pers, accounts, documents and testimonypertaining to the matter under investigation;

(f) Require a person to undergo a mental,physical, chemical dependency or competencyevaluation at the person’s expense when theboard has reasonable grounds to believe thatthe person is or may be unable to practice amedical imaging modality with reasonable

skill and safety or may constitute a risk tothe public, with the results being reported tothe board. The report may not be disclosedto the public but may be received into evi-dence in a proceeding between the board andthe person when the mental, physical, chem-ical dependency or competency of the personis at issue, notwithstanding any claim ofprivilege by the person; and

(g) Issue subpoenas over the signature ofthe board chairperson and the seal of theboard in the name of the State of Oregon.

(3) For the purpose of disciplinary issuesconcerning scope of practice and standardsof practice, the board may form temporarypeer review committees in the relevantmodality or subspecialty to advise the boardof appropriate action. The composition, au-thority and responsibilities of a temporarycommittee must be defined in rules adoptedby the board. [1989 c.843 §10; 2009 c.833 §22]

688.605 Duty to report violation; con-fidentiality; procedure on claims of vio-lation. (1)(a) Unless state or federal lawsrelating to confidentiality or the protectionof health information prohibit disclosure, anyperson issued a license or permit by theBoard of Medical Imaging or any employerof a licensee or permittee shall report to theboard any suspected violation of ORS 688.405to 688.605 or any rule adopted by the board.

(b) Unless state or federal laws relatingto confidentiality or the protection of healthinformation prohibit disclosure, any personissued a license or permit by the board whohas reasonable cause to believe that a li-censee of another board has engaged in pro-hibited conduct as defined in ORS 676.150shall report the prohibited conduct in themanner provided in ORS 676.150.

(c) Unless state or federal laws relatingto confidentiality or the protection of healthinformation prohibit disclosure, any organ-ization representing persons issued a licenseor permit by the board shall report to theboard any suspected violation of ORS 688.405to 688.605 or any rule adopted by the boardpursuant to ORS 688.405 to 688.605.

(d) Any person may report to the boardany suspected violation of ORS 688.405 to688.605 or any rules adopted by the boardpursuant to ORS 688.555.

(2) Any information that the board ob-tains as the basis of a complaint or in theinvestigation of a complaint is confidentialas provided under ORS 676.175.

(3) Any person who reports or providesinformation to the board and who does so ingood faith is not subject to an action for civildamages as a result of reporting or providinginformation.



(4) A claim of a violation of ORS 688.405to 688.605 shall be reported to the board andshall be substantiated by satisfactory evi-dence. If the board finds that a violation hasoccurred, the board shall, subject to theconditions of ORS 676.175, report the vio-lation to the Attorney General for prose-cution. [1977 c.534 §22; 1993 c.247 §5; 1997 c.791 §47;2009 c.536 §21; 2009 c.833 §43]

HEMODIALYSIS TECHNICIANS688.625 Definitions for ORS 688.625 to

688.665. As used in ORS 688.625 to 688.665:(1) “Dialysis facility or center” means a

place awarded conditional or unconditionalstatus by the federal Centers for Medicareand Medicaid Services.

(2) “End stage renal disease” means acondition that requires either the replace-ment of kidney functions through renaltransplantation or the permanent assistanceof those functions through dialysis.

(3) “Hemodialysis technician” means aperson certified by the Oregon Health Au-thority under ORS 688.650. [1997 c.580 §1; 2003c.14 §436; 2009 c.595 §1094]

688.630 Certification requirement. (1)It is unlawful for any person to act as ahemodialysis technician without being certi-fied by the Oregon Health Authority.

(2) It is unlawful for any dialysis facilityor center to authorize a person to act for itas a hemodialysis technician without beingcertified by the authority. [1997 c.580 §2; 2009c.595 §1095]

688.635 Scope of practice ofhemodialysis technician; rules. (1) A per-son certified as a hemodialysis technicianmay, under the direct supervision of a physi-cian licensed under ORS chapter 677 or aregistered nurse licensed under ORS 678.010to 678.410, perform functions as determinedby rules adopted by the Oregon Health Au-thority, in consultation with the OregonMedical Board and the Oregon State Boardof Nursing.

(2) A hemodialysis technician shall not:(a) Administer medications by oral,

intramuscular, intravenous or subcutaneousmeans except as specified under rulesadopted by the authority pursuant to subsec-tion (1) of this section.

(b) Determine the frequency, duration ornature of dialysis treatments or alter anytreatment prescribed by a licensed healthprofessional.

(c) Engage in any health care activityrequiring a license except as authorized un-der rules adopted by the authority pursuantto subsection (1) of this section. [1997 c.580 §3;2009 c.595 §1096]

688.640 Application for certificate;rules. (1) For any person to be certified asa hemodialysis technician, an application forcertification shall be made to the OregonHealth Authority. The application shall beupon forms prescribed by the authority andshall contain:

(a) The name and address of the appli-cant.

(b) The name and location of the trainingcourse successfully completed by the appli-cant and the date of completion and, if anextended period of time has elapsed since thecompletion of the training, of the requiredamount of continuing education.

(c) Such other information as the au-thority may reasonably require to determinecompliance with applicable provisions of ORS688.625 to 688.665 and the rules adoptedthereunder.

(2) The authority, in consultation withthe Oregon Medical Board and the OregonState Board of Nursing, shall adopt rules es-tablishing initial training and continuing ed-ucation requirements. [1997 c.580 §4; 2009 c.595§1097]

688.645 Fees. (1) An initial applicationfee shall be submitted with the applicationfor hemodialysis technician certification. Ifthe applicant is taking an examination ad-ministered by the Oregon Health Authority,an additional fee shall be charged for theexamination.

(2) The authority may charge a fee forlate renewal of a certificate and for issuanceof any duplicate certificate.

(3) Subject to the review of the OregonDepartment of Administrative Services, thefees and charges established under this sec-tion shall not exceed the cost of administer-ing the certification program of the authoritypertaining to the purpose for which the feeor charge is established, as authorized by theLegislative Assembly for the authority’s bud-get, as the budget may be modified by theEmergency Board.

(4) All moneys received by the authorityunder ORS 688.625 to 688.665 shall be paidinto the General Fund in the State Treasuryand placed to the credit of the authority ac-count and such moneys hereby are appropri-ated continuously and shall be used only forthe administration and enforcement of ORS688.625 to 688.665. [1997 c.580 §5; 1999 c.59 §204;2009 c.595 §1098]

688.650 Qualifications for certification;temporary or provisional certificates;continuing education; certificate expira-tion; rules. (1)(a) When application has beenmade as required under ORS 688.640, theOregon Health Authority shall certify an ap-



plicant as a hemodialysis technician if theauthority finds that the applicant:

(A) Has successfully completed the train-ing requirement adopted by the authority.

(B) Has paid a fee to the authority pur-suant to ORS 688.645.

(C) Has successfully completed an exam-ination administered by the authority or ad-ministered by another public or privateentity and approved by the authority.

(D) Meets any other requirements pre-scribed by rule of the authority.

(b) An applicant meets the requirementsof paragraph (a)(A) of this subsection if theapplicant provides the authority with doc-umentation of military training or experiencethat the authority determines is substantiallyequivalent to the training requirementadopted by the authority.

(2) The authority may provide for the is-suance of a temporary or provisional certi-fication for a person to practice as ahemodialysis technician until the person hastaken and passed the next held certificationexamination available to the person and hasreceived a certificate. The authority may im-pose any conditions or limitations on a tem-porary or provisional certificate that theauthority considers reasonable and necessaryto protect the public. A temporary or provi-sional certificate may be held only by a per-son who:

(a) Has not received a failing grade on acertification examination approved or admin-istered by the authority; and

(b)(A) Has successfully completed the in-itial training required by authority rule; or

(B) Is currently working in this or an-other state as a hemodialysis technician andis enrolled in a program offering the initialtraining required by authority rule.

(3) Each person holding a certificate un-der this section shall submit, at the time ofapplication for renewal of the certificate tothe authority, evidence of the applicant’ssatisfactory completion of any continuing ed-ucation requirements prescribed by rule bythe authority.

(4) The authority shall prescribe criteriaand approve programs of continuing educa-tion.

(5) Each certification issued under thissection, unless sooner suspended or revoked,shall expire and be renewable after a periodof two years. Each certificate must be re-newed on or before June 30 of every secondyear or on or before such date as may bespecified by authority rule. The authority byrule shall establish a schedule of certificaterenewals under this subsection and shallprorate the fees to reflect any shorter certif-

icate period. [1997 c.580 §6; 2007 c.768 §50; 2009 c.595§1099; 2012 c.43 §18]

688.655 Grounds for denying, suspend-ing or revoking certificate; investigation;duty to report; confidential information;liability of person who reports. (1) Thecertification of a hemodialysis technicianmay be denied, suspended or revoked in ac-cordance with the provisions of ORS chapter183 for any of the following:

(a) Failure to complete continuing edu-cation requirements.

(b) The use of fraud or deception in re-ceiving a certificate.

(c) Habitual or excessive use of intox-icants or drugs.

(d) The presence of a mental disorderthat demonstrably affects a technician’s per-formance, as certified by two psychiatristsretained by the Oregon Health Authority.

(e) Conviction of a criminal offense thatthe authority considers reasonably related tothe fitness of the person to practicehemodialysis.

(f) Suspension or revocation of ahemodialysis technician certificate issued byanother state.

(g) Gross negligence or repeated negli-gence in rendering hemodialysis care.

(h) Any reason identified by authorityrule as rendering the applicant unfit to per-form the duties of a hemodialysis technician.

(2) The authority may investigate anyevidence that appears to show that ahemodialysis technician certified by the au-thority is or may be medically incompetentor is or may be guilty of unprofessional ordishonorable conduct or is or may be men-tally or physically unable to safely functionas a hemodialysis technician.

(3) Any dialysis facility or center, anyhemodialysis technician certified under ORS688.650, any physician licensed under ORSchapter 677 or any registered nurse licensedunder ORS 678.010 to 678.410 shall report tothe authority any information the personmay have that appears to show that ahemodialysis technician is or may be med-ically incompetent or is or may be guilty ofunprofessional or dishonorable conduct or isor may be mentally or physically unable tosafely function as a hemodialysis technician.

(4) Information provided to the authoritypursuant to this section is confidential andshall not be subject to public disclosure, norshall it be admissible as evidence in any ju-dicial proceeding.

(5) Any person who reports or providesinformation to the authority under this sec-tion and who provides information in good



faith shall not be subject to an action forcivil damage as a result thereof. [1997 c.580 §7;2009 c.595 §1100]

688.660 Grounds for discipline of cer-tificate holder; civil penalty; assessmentof disciplinary proceeding cost. (1) TheOregon Health Authority may discipline aperson certified as a hemodialysis technicianwho has:

(a) Admitted the facts of a complaint al-leging the person is guilty of violation of oneor more of the grounds for suspension or re-vocation of a certificate as set forth in ORS688.655.

(b) Been found guilty in accordance withORS chapter 183 of violation of one or moreof the grounds for suspension or revocationof certification as set forth in ORS 688.655.

(2) In disciplining a technician, the au-thority may use any or all of the followingmethods:

(a) Suspend judgment.(b) Place the technician on probation.(c) Suspend the technician’s certificate.(d) Revoke the technician’s certificate.(e) Place limitations on the ability of the

technician to practice hemodialysis in thisstate.

(f) Take such other disciplinary action asthe authority in its discretion finds proper,including assessment of the costs of the dis-ciplinary proceedings, not to exceed $1,000,as a civil penalty or assessment of a civilpenalty not to exceed $1,000.

(3) In addition to the action authorizedby subsection (2) of this section, the author-ity may temporarily suspend a certificate orlicense without a hearing, simultaneouslywith the commencement of proceedings un-der ORS chapter 183, if the authority findsthat evidence in its possession indicates thata continuation in practice of the technicianconstitutes an immediate danger to the pub-lic.

(4) If the authority places a technicianon probation, the authority may determine,and may at any time modify, the conditionsof the probation and may include amongthem any reasonable condition for the pur-pose of protection of the public and for thepurpose of the rehabilitation of the techni-cian. Upon expiration of the term of pro-bation, further proceedings shall be abated ifthe technician has complied with the termsof the probation.

(5) Civil penalties under this sectionshall be imposed as provided in ORS 183.745.[1997 c.580 §8; 2009 c.595 §1101]

688.665 Rules. The Oregon Health Au-thority shall adopt rules that the authorityconsiders necessary and proper to enforceORS 688.625 to 688.665. [1997 c.580 §9; 2009 c.595§1102]

688.700 [1993 c.744 §253; 1995 c.449 §8; repealed by1999 c.736 §16]

ATHLETIC TRAINERS688.701 Definitions for ORS 688.701 to

688.734. As used in ORS 688.701 to 688.734:(1) “Athlete” means any individual par-

ticipating in fitness training and condition-ing, sports or other competitions, practicesor activities requiring physical strength,agility, flexibility, range of motion, speed orstamina, generally conducted in associationwith an educational institution, or profes-sional or amateur sports activity.

(2) “Athletic injury” means an injury oc-curring as the result of participating as anathlete.

(3) “Board” means the Board of AthleticTrainers.

(4) “Practice athletic training” means theapplication by a registered athletic trainerof principles and methods of:

(a) Prevention of athletic injuries;(b) Recognition, evaluation and immedi-

ate care of athletic injuries;(c) Rehabilitation and reconditioning of

athletic injuries;(d) Health care administration; and(e) Education and counseling.(5) “Registered athletic trainer” means a

person who is registered in accordance withORS 688.720. [1999 c.736 §1]

688.705 Board of Athletic Trainers;appointment; membership; terms. (1)There is established within the Health Li-censing Office the Board of Athletic Train-ers, consisting of five members appointed bythe Governor. In making appointments to theboard, the Governor shall take into consid-eration nominations received from profes-sional organizations of athletic trainers thatare based in Oregon.

(2) Of the membership of the Board ofAthletic Trainers:

(a) All members must be residents of thisstate.

(b) Three members must be athletictrainers who have practiced continuously inthis state for the three years prior to thedate of appointment.

(c) One member must be a member of thegeneral public who is not an athletic trainer.

(d) One member must be a physician li-censed under ORS chapter 677.



(3) The term of office of each member ofthe board is four years, but a member servesat the pleasure of the Governor. Vacanciesshall be filled by the Governor by appoint-ment for the unexpired term. A member shallhold the member’s office until the appoint-ment and qualification of a successor. Amember is eligible for reappointment. If aperson serves two consecutive full terms, aperiod of at least four years must elapse be-fore the person is again eligible for appoint-ment to serve on the board.

(4) A member of the board is entitled tocompensation and expenses as provided inORS 292.495. [1999 c.736 §2; 2005 c.648 §15; 2009 c.701§24; 2013 c.568 §62]

Note: The amendments to 688.705 by section 62,chapter 568, Oregon Laws 2013, become operative July1, 2014. See section 142, chapter 568, Oregon Laws 2013,as amended by section 146, chapter 568, Oregon Laws2013. The text that is operative until July 1, 2014, is setforth for the user’s convenience.

688.705. (1) There is established within the OregonHealth Licensing Agency the Board of Athletic Train-ers, consisting of five members appointed by the Gover-nor. In making appointments to the board, the Governorshall take into consideration nominations received fromprofessional organizations of athletic trainers that arebased in Oregon.

(2) Of the membership of the Board of AthleticTrainers:

(a) All members must be residents of this state.(b) Three members must be athletic trainers who

have practiced continuously in this state for the threeyears prior to the date of appointment.

(c) One member must be a member of the generalpublic who is not an athletic trainer.

(d) One member must be a physician licensed underORS chapter 677.

(3) The term of office of each member of the boardis four years, but a member serves at the pleasure of theGovernor. Vacancies shall be filled by the Governorby appointment for the unexpired term. A member shallhold the member’s office until the appointment andqualification of a successor. A member is eligible forreappointment. If a person serves two consecutive fullterms, a period of at least four years must elapse beforethe person is again eligible for appointment to serve onthe board.

(4) A member of the board is entitled to compensa-tion and expenses as provided in ORS 292.495.

688.707 Officers; quorum; meetings. (1)The Board of Athletic Trainers shall electone of its members as chairperson and an-other as vice chairperson, for such terms andwith duties and powers necessary for theperformance of the functions of those officesas the board determines.

(2) A majority of the members of theboard constitutes a quorum for the transac-tion of business.

(3) The Board of Athletic Trainers shallmeet at least once each year at a time andplace determined by the Health LicensingOffice. [1999 c.736 §3; 2005 c.648 §16; 2013 c.568 §63]

Note: The amendments to 688.707 by section 63,chapter 568, Oregon Laws 2013, become operative July

1, 2014. See section 142, chapter 568, Oregon Laws 2013,as amended by section 146, chapter 568, Oregon Laws2013. The text that is operative until July 1, 2014, is setforth for the user’s convenience.

688.707. (1) The Board of Athletic Trainers shallelect one of its members as chairperson and another asvice chairperson, for such terms and with duties andpowers necessary for the performance of the functionsof those offices as the board determines.

(2) A majority of the members of the board consti-tutes a quorum for the transaction of business.

(3) The Board of Athletic Trainers shall meet atleast once each year at a time and place determined bythe Oregon Health Licensing Agency.

688.709 Board duties; rules. The Boardof Athletic Trainers shall:

(1) Advise the Health Licensing Officeabout the adoption of rules necessary for theadministration of ORS 688.701 to 688.734.

(2) Determine training and education re-quirements for registration as described inORS 688.720.

(3) Determine qualifications and doc-umentation required for registrations, per-mits, temporary registrations and waivers.

(4) Determine requirements for reciproc-ity and equivalency for the practice of ath-letic training.

(5) Establish a code of professional re-sponsibility and standards of practice forregistered athletic trainers.

(6) Develop, approve or recognize a writ-ten examination to test an applicant’s know-ledge of the basic and clinical sciencesrelating to athletic training techniques andmethods and any other subjects the boardmay determine to be necessary to assess anapplicant’s fitness to practice athletic train-ing.

(7) Establish standards for acceptableperformance, including but not limited to apassing score on the approved or recognizedcompetency examination.

(8) Establish policies and criteria for theassessment of the quality of the practice ofathletic trainers.

(9) Adopt rules that include provisionsdescribing procedures, when appropriate, forcollaboration between athletic trainers andphysicians licensed pursuant to ORS chapter677. [1999 c.736 §4; 2005 c.648 §17; 2013 c.314 §28; 2013c.568 §64]

Note: The amendments to 688.709 by section 64,chapter 568, Oregon Laws 2013, become operative July1, 2014. See section 142, chapter 568, Oregon Laws 2013,as amended by section 146, chapter 568, Oregon Laws2013. The text that is operative until July 1, 2014, in-cluding amendments by section 28, chapter 314, OregonLaws 2013, is set forth for the user’s convenience.

688.709. The Board of Athletic Trainers shall:

(1) Advise the Oregon Health Licensing Agencyabout the adoption of rules necessary for the adminis-tration of ORS 688.701 to 688.734.



(2) Determine training and education requirementsfor registration as described in ORS 688.720.

(3) Determine qualifications and documentation re-quired for registrations, permits, temporary registra-tions and waivers.

(4) Determine requirements for reciprocity andequivalency for the practice of athletic training.

(5) Establish a code of professional responsibilityand standards of practice for registered athletic train-ers.

(6) Develop, approve or recognize a written exam-ination to test an applicant’s knowledge of the basicand clinical sciences relating to athletic training tech-niques and methods and any other subjects the boardmay determine to be necessary to assess an applicant’sfitness to practice athletic training.

(7) Establish standards for acceptable performance,including but not limited to a passing score on the ap-proved or recognized competency examination.

(8) Establish policies and criteria for the assess-ment of the quality of the practice of athletic trainers.

(9) Adopt rules that include provisions describingprocedures, when appropriate, for collaboration betweenathletic trainers and physicians licensed pursuant toORS chapter 677.

688.715 Authority of Health LicensingOffice; rules; investigations. The HealthLicensing Office is granted authority tocarry out the following duties:

(1) Adopt rules that are necessary toconduct business, carry out duties and ad-minister the provisions of ORS 688.701 to688.734.

(2) Issue registrations, including tempo-rary registrations, permits, waivers and otherauthorizations to practice athletic trainingas determined by the Board of AthleticTrainers.

(3) Authorize all necessary disbursementsto carry out the provisions of ORS 688.701 to688.734, including but not limited to paymentfor necessary supplies, office equipment,books and expenses for the conduct of exam-inations, payment for legal and investigativeservices rendered to the office and suchother expenditures as are provided for inORS 688.701 to 688.734.

(4) Employ inspectors, examiners, specialagents, investigators, clerical assistants andaccountants as are necessary for the investi-gation and prosecution of alleged violationsand the enforcement of ORS 688.701 to688.734, and for such other purposes as theoffice may require. Nothing in ORS 688.701to 688.734 shall be construed to prevent as-sistance being rendered by an employee ofthe office in any hearing called by it. How-ever, all obligations for salaries and expensesincurred under ORS 688.701 to 688.734 shallbe paid only from the fees accruing to theoffice under ORS 688.701 to 688.734.

(5) Provide the board with such adminis-trative services and employees as the boardrequires to carry out its duties.

(6) Maintain an accurate record of allproceedings of the board and of all its meet-ings, receipts and disbursements, civil penal-ties and orders for violation of ORS 688.701to 688.734, records for registration to prac-tice athletic training together with the ad-dresses of those registered, and the names ofall persons whose registration has been sub-ject to disciplinary action.

(7) Investigate complaints, take discipli-nary action, including assessment of civilpenalties, and provide opportunity for hear-ing according to ORS 183.745.

(8) Administer oaths, issue notices andsubpoenas in the name of the board, enforcesubpoenas in the manner authorized by ORS183.440, hold hearings and perform suchother acts as are reasonably necessary tocarry out duties of the board granted underORS 688.701 to 688.734. [1999 c.736 §5; 2001 c.104§263; 2005 c.648 §18; 2011 c.597 §281; 2013 c.314 §29; 2013c.568 §65]


688.715. The Oregon Health Licensing Agency isgranted authority to carry out the following duties:

(1) Adopt rules that are necessary to conduct busi-ness, carry out duties and administer the provisions ofORS 688.701 to 688.734.

(2) Issue registrations, including temporary regis-trations, permits, waivers and other authorizations topractice athletic training as determined by the Boardof Athletic Trainers.

(3) Authorize all necessary disbursements to carryout the provisions of ORS 688.701 to 688.734, includingbut not limited to payment for necessary supplies, officeequipment, books and expenses for the conduct of ex-aminations, payment for legal and investigative servicesrendered to the agency and such other expenditures asare provided for in ORS 688.701 to 688.734.

(4) Employ inspectors, examiners, special agents,investigators, clerical assistants and accountants as arenecessary for the investigation and prosecution of al-leged violations and the enforcement of ORS 688.701 to688.734, and for such other purposes as the agency mayrequire. Nothing in ORS 688.701 to 688.734 shall beconstrued to prevent assistance being rendered by anemployee of the agency in any hearing called by it.However, all obligations for salaries and expenses in-curred under ORS 688.701 to 688.734 shall be paid onlyfrom the fees accruing to the agency under ORS 688.701to 688.734.

(5) Provide the board with such administrativeservices and employees as the board requires to carryout its duties.

(6) Maintain an accurate record of all proceedingsof the board and of all its meetings, receipts and dis-bursements, civil penalties and orders for violation ofORS 688.701 to 688.734, records for registration to prac-tice athletic training together with the addresses ofthose registered, and the names of all persons whoseregistration has been subject to disciplinary action.

(7) Investigate complaints, take disciplinary action,including assessment of civil penalties, and provide op-portunity for hearing according to ORS 183.745.



(8) Administer oaths, issue notices and subpoenasin the name of the board, enforce subpoenas in themanner authorized by ORS 183.440, hold hearings andperform such other acts as are reasonably necessary tocarry out duties of the board granted under ORS 688.701to 688.734.

688.718 Registration required; excep-tions. (1) A person may not practice athletictraining or claim to be a registered athletictrainer unless the person is registered underORS 688.720.

(2) Nothing in ORS 688.701 to 688.734 isintended to:

(a) Limit, preclude or otherwise interferewith the practices of health care providersor other persons licensed or registered inthis state under any other statutes, or pre-vent health care providers or other personsfrom engaging in the profession or occupa-tion for which the health care provider orperson is licensed or registered;

(b) Prevent any person from performingathletic training services if the person isemployed as an athletic trainer by the fed-eral government or any of its agencies;

(c) Prohibit a person from performingathletic training services if:

(A) The person accompanies a sportsteam from another state, a territory of theUnited States or a foreign country;

(B) The team is in this state for purposesrelated to competition or training; and

(C) The person performs athletic trainingservices only on members of the team andthe services are performed for no more than60 days in a calendar year;

(d) Preclude any person from pursuing asupervised course of study leading to a de-gree or registration as an athletic trainer inan accredited or approved educational pro-gram if the person is identified by a title thatclearly indicates student or trainee status;

(e) Prevent any person from completingany supervised practical experience require-ments established by the Board of AthleticTrainers by rule; or

(f) Prohibit any person from performingathletic training services in this state forpurposes of continuing education, consultingor training if the services are performed forno more than 60 days in any calendar yearand are performed in association with a reg-istered athletic trainer if the person is:

(A) Registered or licensed and in goodstanding as an athletic trainer in anotherstate; or

(B) Certified as an athletic trainer by,and in good standing with, the nationalBoard of Certification.

(3) Nothing in ORS 688.701 to 688.734shall be construed to require registration of

an elementary or secondary school teacher,coach or volunteer who:

(a) Does not purport to be an athletictrainer; and

(b) Is acting within the scope of theperson’s duties as a teacher, coach or volun-teer. [1999 c.736 §6; 2013 c.62 §1]

688.720 Requirements for registration.(1) The Health Licensing Office shall issue aregistration as an athletic trainer under ORS688.701 to 688.734 to an applicant who has:

(a) Provided to the office adequate proofof:

(A) Receipt of a bachelor’s degree froman accredited four-year college or universityand having met the minimum athletic train-ing curriculum requirements established bythe Board of Athletic Trainers by rule; or

(B) Military experience or training thatthe board determines is substantially equiv-alent to the education required by subpara-graph (A) of this paragraph;

(b) Successfully completed the certifica-tion examination administered by the na-tional Board of Certification, or anequivalent examination approved by theBoard of Athletic Trainers;

(c) Completed any other requirements forregistration as determined by the Board ofAthletic Trainers by rule;

(d) Submitted to the office adequate doc-umentation that the applicant is at least 18years of age; and

(e) Paid the applicable fees for registra-tion established under ORS 676.592.

(2) The office shall issue a registrationunder this section to an applicant who hasnot successfully completed an examinationunder subsection (1) of this section if theapplicant:

(a) Furnishes documentation that demon-strates that the applicant meets the educa-tion, experience or training requirementsdescribed in subsection (1)(a) of this section;and

(b) Is registered as an athletic trainer inanother state or by a national associationand the board determines that the registra-tion requirements of the other state or theassociation are substantially equivalent tothe registration requirements described insubsection (1)(c) of this section. [1999 c.736 §8;2003 c.547 §9; 2012 c.43 §19; 2013 c.62 §2; 2013 c.314 §30a]

Note: The name of the Oregon Health LicensingAgency has been changed in 688.720 to the Health Li-censing Office. The name change becomes operative onJuly 1, 2014. See chapter 568, Oregon Laws 2013.

688.724 [1999 c.736 §9; 2005 c.648 §19; 2009 c.701 §25;repealed by 2013 c.314 §65]



688.728 [1999 c.736 §10; 1999 c.885 §50b; 2003 c.547§10; 2005 c.648 §20; 2009 c.701 §26; repealed by 2013 c.314§65]

688.730 Use of title. (1) A person who isa registered athletic trainer under ORS688.701 to 688.734 may use the title “AthleticTrainer, Registered” and the abbreviation“ATR.”

(2) A person who is a registered athletictrainer under ORS 688.701 to 688.734 andwho is certified as an athletic trainer by, andin good standing with, the national Board ofCertification may use the title “AthleticTrainer, Certified/Registered” and the abbre-viation “ATC.” [1999 c.736 §7; 2013 c.62 §3]

688.734 Disciplinary authority ofHealth Licensing Office. In the mannerprescribed in ORS chapter 183 for contestedcases and in consultation with the Board ofAthletic Trainers, the Health Licensing Of-fice may impose a form of discipline listed inORS 676.612 against any person practicingathletic training for any of the grounds listedin ORS 676.612 and for any violation of theprovisions of ORS 688.701 to 688.734 or therules adopted thereunder. [2003 c.547 §11; 2005c.648 §22; 2013 c.568 §68]


688.734. In the manner prescribed in ORS chapter183 for contested cases and in consultation with theBoard of Athletic Trainers, the Oregon Health LicensingAgency may impose a form of discipline listed in ORS676.612 against any person practicing athletic trainingfor any of the grounds listed in ORS 676.612 and for anyviolation of the provisions of ORS 688.701 to 688.734 orthe rules adopted thereunder.

RESPIRATORY THERAPISTS ANDPOLYSOMNOGRAPHIC

TECHNOLOGISTS688.800 Definitions for ORS 688.800 to

688.840. As used in ORS 688.800 to 688.840:(1) “Polysomnographic technologist”

means a person licensed under ORS 688.819.(2) “Polysomnography” means the treat-

ment, management, diagnostic testing, edu-cation and care of patients with disordersrelated to sleep. “Polysomnography” in-cludes, but is not limited to:

(a) The use of the following during treat-ment, management, diagnostic testing, edu-cation and care of patients with disordersrelated to sleep:

(A) Supplemental low-flow oxygen ther-apy, using up to six liters per minute of oxy-gen;

(B) Continuous or bilevel positive airwaypressure titration on spontaneously breath-ing patients using a mask or oral appliance,

if the mask or oral appliance does not extendinto the trachea or attach to an artificialairway;

(C) Capnography;(D) Cardiopulmonary resuscitation;(E) Pulse oximetry;(F) Sleep staging, including surface elec-

troencephalography, surface electroocu-lography and submental surfaceelectromyography;

(G) Electrocardiography;(H) Respiratory effort monitoring, includ-

ing thoracic and abdominal movement moni-toring;

(I) Plethysmography blood flow monitor-ing;

(J) Snore monitoring;(K) Audio or video monitoring of move-

ment or behavior;(L) Body movement monitoring;(M) Nocturnal penile tumescence moni-

toring, when performed in a facility approvedby the Respiratory Therapist and Polysomno-graphic Technologist Licensing Board;

(N) Nasal and oral airflow monitoring;(O) Body temperature monitoring; or(P) Portable monitoring devices and other

medical equipment used to treat sleep disor-ders;

(b) Analyzing data for the purpose of as-sisting a physician who diagnoses and treatsdisorders related to sleep;

(c) Implementation and monitoring of du-rable medical equipment used in the treat-ment of sleep disorders; and

(d) Educating patients and immediatefamily members of patients regarding testingand treatment of sleep disorders.

(3) “Qualified medical director for poly-somnography” means the medical director ofan inpatient or outpatient polysomnographyfacility who is a physician licensed underORS chapter 677, has special interest andknowledge in the diagnosis and treatment ofsleep disorders and is actively practicing inthe field of sleep disorders.

(4) “Qualified medical director for respir-atory care” means the medical director ofany inpatient or outpatient respiratory careservice, department or home care agencywho is a physician licensed under ORSchapter 677 and who has special interest andknowledge in the diagnosis and treatment ofrespiratory problems.

(5) “Respiratory care” means the treat-ment, management, diagnostic testing, con-trol and care of patients with deficienciesand abnormalities associated with the car-



diopulmonary system. “Respiratory care”includes, but is not limited to:

(a) Direct and indirect respiratory careservices, including but not limited to the ad-ministration of pharmacological, diagnosticand therapeutic agents related to respiratorycare procedures necessary to implement atreatment, disease prevention, pulmonary re-habilitative or diagnostic regimen prescribedby a physician;

(b) Transcription and implementation ofthe written or verbal orders of a physicianpertaining to the practice of respiratory care;

(c) Observing and monitoring signs andsymptoms, reactions, general behaviors, gen-eral physical responses to respiratory caretreatment and diagnostic testing, includingdetermination of whether such signs, symp-toms, reactions, general behaviors or generalphysical responses exhibit abnormal charac-teristics;

(d) Implementation based on observedabnormalities, or appropriate reporting, re-ferral, respiratory care protocols or changesin treatment, pursuant to a prescription bya person authorized to practice medicine un-der the laws of this state; and

(e) The initiation of emergency proce-dures under the rules of the board or asotherwise permitted under ORS 688.800 to688.840.

(6) “Respiratory care practitioner” meansa person licensed under ORS 688.815.

(7) “Respiratory care services” meanscardiopulmonary care services including, butnot limited to, the diagnostic and therapeuticuse of the following:

(a) Except for the purpose of anesthesia,administration of medical gases, aerosols andhumidification;

(b) Environmental control mechanismsand hyperbaric therapy;

(c) Pharmacologic agents related to re-spiratory care procedures;

(d) Mechanical or physiological ventila-tory support;

(e) Bronchopulmonary hygiene;(f) Cardiopulmonary resuscitation;(g) Maintenance of the natural airway;(h) Maintenance of artificial airways;(i) Specific diagnostic and testing tech-

niques employed in the medical managementof patients to assist in diagnosis, monitoring,treatment and research of pulmonary abnor-malities, including measurements of ventila-tory volumes, pressures and flows, collectionof specimens of blood and blood gases, ex-pired and inspired gas samples, respiratory

secretions and pulmonary function testing;and

(j) Hemodynamic and other relatedphysiologic measurements of the cardiopul-monary system. [1997 c.792 §1; 1999 c.885 §32; 2005c.648 §42; 2011 c.715 §1]

688.802 License required to practicerespiratory care. A person may not practicerespiratory care or claim to be a respiratorycare practitioner unless the person is li-censed under ORS 688.815. [2011 c.715 §6]

688.803 License required to practicepolysomnography. A person may not prac-tice polysomnography or claim to be a poly-somnographic technologist unless the personis licensed under ORS 688.819. [2011 c.715 §7]

688.805 Exceptions to license require-ments; practice requirements. (1) Nothingin ORS 688.800 to 688.840 is intended tolimit, preclude or otherwise interfere withthe practices of other persons and healthproviders licensed by appropriate agencies ofthis state.

(2) Nothing in ORS 688.800 to 688.840prohibits:

(a) The practice of respiratory care by astudent enrolled in a respiratory care educa-tion program approved by the AmericanMedical Association in collaboration withthe Joint Review Committee for RespiratoryTherapy Education or their successors orequivalent organizations, as approved by theRespiratory Therapist and PolysomnographicTechnologist Licensing Board.

(b) The practice of polysomnography bya student who is:

(A) Enrolled in an educational programfor polysomnography approved by the board;and

(B) In the physical presence of a super-visor approved by the board.

(c) Self-care by a patient, or gratuitouscare by a friend or family member who doesnot claim to be a respiratory care practi-tioner.

(d) Respiratory care services rendered inthe course of an emergency.

(3) Persons in the military services orworking in federal facilities are exempt fromthe provisions of ORS 688.800 to 688.840when functioning in the course of assignedduties.

(4) Nothing in ORS 688.800 to 688.840 isintended to permit the practice of medicineby a person licensed to practice respiratorycare or polysomnography unless the personis also licensed to practice medicine.

(5) The practice of respiratory care:



(a) May be performed in any clinic, hos-pital, skilled nursing facility, private dwell-ing or other setting approved by the board.

(b) Must be performed in accordancewith the prescription or verbal order of aphysician and shall be performed under aqualified medical director for respiratorycare.

(6) The practice of polysomnography:(a) May be performed in a clinic, hospi-

tal, skilled nursing facility, sleep center,sleep laboratory, physician’s office, privatedwelling or other setting approved by theboard.

(b) Must be performed in accordancewith the prescription or verbal order of aphysician or physician assistant licensed un-der ORS chapter 677 or a nurse practitionerlicensed under ORS 678.375 to 678.390 andunder the direction of a qualified medical di-rector for polysomnography. [1997 c.792 §7; 2011c.715 §2]

688.807 Exemptions for practice ofpolysomnography and respiratory care bylicensed individuals. Notwithstanding ORS688.805:

(1) ORS 688.800 to 688.840 do not prohibita respiratory care practitioner from practic-ing polysomnography in accordance with theprescription or verbal order of a physicianand under the direction of a qualified med-ical director for respiratory care or for poly-somnography.

(2) A polysomnographic technologist maynot practice respiratory care without a li-cense issued under ORS 688.815, unless theact is within the scope of practice of a poly-somnographic technologist. [2011 c.715 §9]

688.810 Use of titles. (1) A respiratorycare practitioner may use the title “LicensedRespiratory Care Practitioner” and the ab-breviation “LRCP.”

(2) A polysomnographic technologist mayuse the title “Licensed PolysomnographicTechnologist” and the abbreviation“LPSGT.” [1997 c.792 §8; 2011 c.715 §3]

688.815 License to practice respiratorycare; examination; license by endorse-ment or reciprocity. (1) An applicant for alicense to practice respiratory care shall:

(a) Submit to the Health Licensing Officewritten evidence that the applicant:

(A) Is at least 18 years of age;(B) Has completed an approved four-year

high school course of study or the equivalentas determined by the appropriate educationalagency; and

(C) Has completed a respiratory care ed-ucation program approved by the AmericanMedical Association in collaboration with

the Joint Review Committee for RespiratoryTherapy Education or their successors orequivalent organizations, as approved by theRespiratory Therapist and PolysomnographicTechnologist Licensing Board; and

(b) Pass an examination approved by theboard.

(2) An applicant meets the requirementsof subsection (1)(a)(C) of this section if theapplicant provides the office with documen-tation of military training or experience thatthe board determines is substantially equiv-alent to the education required by subsection(1)(a)(C) of this section.

(3) The office may issue a license topractice respiratory care by endorsement orreciprocity to:

(a) An applicant who is currently li-censed to practice respiratory care under thelaws of another state, territory or country ifthe qualifications of the applicant are con-sidered by the office to be equivalent tothose required in this state; or

(b) An applicant holding an active cre-dential conferred by the National Board forRespiratory Care as a Certified RespiratoryTherapist (CRT) or as a Registered Respir-atory Therapist (RRT), or both. [1997 c.792 §6;2001 c.40 §1; 2003 c.547 §32; 2005 c.21 §9; 2005 c.648 §43;2009 c.701 §27; 2011 c.715 §4; 2012 c.43 §20; 2013 c.314 §31;2013 c.568 §69]

Note: The amendments to 688.815 by section 69,chapter 568, Oregon Laws 2013, become operative July1, 2014. See section 142, chapter 568, Oregon Laws 2013,as amended by section 146, chapter 568, Oregon Laws2013. The text that is operative until July 1, 2014, in-cluding amendments by section 20, chapter 43, OregonLaws 2012, and section 31, chapter 314, Oregon Laws2013, is set forth for the user’s convenience.

688.815. (1) An applicant for a license to practicerespiratory care shall:

(a) Submit to the Oregon Health Licensing Agencywritten evidence that the applicant:

(A) Is at least 18 years of age;(B) Has completed an approved four-year high

school course of study or the equivalent as determinedby the appropriate educational agency; and

(C) Has completed a respiratory care educationprogram approved by the American Medical Associationin collaboration with the Joint Review Committee forRespiratory Therapy Education or their successors orequivalent organizations, as approved by the Respir-atory Therapist and Polysomnographic Technologist Li-censing Board; and

(b) Pass an examination approved by the board.(2) An applicant meets the requirements of subsec-

tion (1)(a)(C) of this section if the applicant provides theagency with documentation of military training or ex-perience that the board determines is substantiallyequivalent to the education required by subsection(1)(a)(C) of this section.

(3) The agency may issue a license to practice re-spiratory care by endorsement or reciprocity to:

(a) An applicant who is currently licensed to prac-tice respiratory care under the laws of another state,territory or country if the qualifications of the appli-



cant are considered by the agency to be equivalent tothose required in this state; or

(b) An applicant holding an active credential con-ferred by the National Board for Respiratory Care asa Certified Respiratory Therapist (CRT) or as a Regis-tered Respiratory Therapist (RRT), or both.

688.817 [2001 c.40 §5; repealed by 2003 c.547 §118]688.818 [2001 c.40 §6; repealed by 2003 c.547 §118]

688.819 Polysomnographic technolo-gist license; license by endorsement. (1)An applicant for a polysomnographic tech-nologist license shall:

(a) Submit to the Health Licensing Officewritten evidence that the applicant:

(A) Is at least 18 years of age;(B) Has completed an approved four-year

high school course of study or the equivalentas determined by the appropriate educationalagency; and

(C) Has completed a polysomnographyeducation or training program, or a polysom-nography program that combines educationand training, approved by the RespiratoryTherapist and Polysomnographic Technolo-gist Licensing Board; and

(b) Pass an examination approved by theboard.

(2) An applicant meets the requirementsof subsection (1)(a)(C) of this section if theapplicant provides the office with documen-tation of military training or experience thatthe board determines is substantially equiv-alent to the education or training requiredby subsection (1)(a)(C) of this section.

(3) The office may issue a polysomno-graphic technologist license by endorsementor reciprocity to:

(a) An applicant who is currently li-censed to practice polysomnography underthe laws of another state, territory or coun-try if the qualifications of the applicant areconsidered by the office to be equivalent tothose required in this state; or

(b) An applicant holding an active cre-dential approved by the board. [2011 c.715 §8;2012 c.43 §21; 2013 c.82 §2; 2013 c.314 §32; 2013 c.568 §70]

Note: The amendments to 688.819 by section 70,chapter 568, Oregon Laws 2013, become operative July1, 2014. See section 142, chapter 568, Oregon Laws 2013,as amended by section 146, chapter 568, Oregon Laws2013. The text that is operative until July 1, 2014, in-cluding amendments by section 21, chapter 43, OregonLaws 2012, section 2, chapter 82, Oregon Laws 2013, andsection 32, chapter 314, Oregon Laws 2013, is set forthfor the user’s convenience.

688.819. (1) An applicant for a polysomnographictechnologist license shall:

(a) Submit to the Oregon Health Licensing Agencywritten evidence that the applicant:

(A) Is at least 18 years of age;(B) Has completed an approved four-year high

school course of study or the equivalent as determinedby the appropriate educational agency; and

(C) Has completed a polysomnography educationor training program, or a polysomnography programthat combines education and training, approved by theRespiratory Therapist and Polysomnographic Technolo-gist Licensing Board; and

(b) Pass an examination approved by the board.(2) An applicant meets the requirements of subsec-

tion (1)(a)(C) of this section if the applicant provides theagency with documentation of military training or ex-perience that the board determines is substantiallyequivalent to the education or training required bysubsection (1)(a)(C) of this section.

(3) The agency may issue a polysomnographictechnologist license by endorsement or reciprocity to:

(a) An applicant who is currently licensed to prac-tice polysomnography under the laws of another state,territory or country if the qualifications of the appli-cant are considered by the agency to be equivalent tothose required in this state; or

(b) An applicant holding an active credential ap-proved by the board.

688.820 Respiratory Therapist andPolysomnographic Technologist LicensingBoard; qualification of members; terms;compensation. (1) There is establishedwithin the Health Licensing Office the Re-spiratory Therapist and PolysomnographicTechnologist Licensing Board. The boardconsists of seven members appointed by theGovernor and subject to confirmation by theSenate in the manner provided in ORS171.562 and 171.565. All members of theboard must be residents of this state.

(2) Of the members of the board:(a) Three must be respiratory care prac-

titioners;(b) Two must be individuals who practice

polysomnography;(c) One must be a qualified medical di-

rector for polysomnography or for respiratorycare; and

(d) One must be a member of the generalpublic.

(3) Board members required to be respir-atory care practitioners or individuals whopractice polysomnography must have engagedin the practice of respiratory care or poly-somnography for a period of five or moreyears immediately preceding appointment tothe board.

(4)(a) Board members may be selected bythe Governor from a list of three to fivenominees for each vacancy, submitted by theOregon Society for Respiratory Care or an-other professional organization representingrespiratory care practitioners or polysomno-graphic technologists.


(A) Geographic areas of this state; and(B) Ethnic group.



(5)(a) The term of office of each memberof the board is four years, but a memberserves at the pleasure of the Governor. Theterms must be staggered so that no morethan two terms end each year. Vacanciesshall be filled by the Governor by appoint-ment for the unexpired term. A member shallhold the member’s office until the appoint-ment and qualification of a successor. Amember is eligible for reappointment. If aperson serves two consecutive full terms, aperiod of at least four years must elapse be-fore the person is again eligible for appoint-ment to serve on the board.

(b) A board member shall be removedimmediately from the board if, during themember’s term, the member:



(C) Is not a respiratory care practitioneror a retired respiratory care practitionerwhose license was in good standing at thetime of retirement, if the member was ap-pointed to serve as a respiratory care practi-tioner; or

(D) Is not an individual who practicespolysomnography, if the member was ap-pointed to serve as an individual who prac-tices polysomnography.

(6) A member of the board is entitled tocompensation and expenses as provided inORS 292.495. The office may provide by rulefor compensation to board members for theperformance of official duties at a rate thatis greater than the rate provided in ORS292.495. [1997 c.792 §2; 1999 c.885 §33; 2005 c.648 §44;2009 c.535 §28; 2009 c.701 §28a; 2011 c.715 §10; 2013 c.568§71]


688.820. (1) There is established within the OregonHealth Licensing Agency the Respiratory Therapist andPolysomnographic Technologist Licensing Board. Theboard consists of seven members appointed by the Gov-ernor and subject to confirmation by the Senate in themanner provided in ORS 171.562 and 171.565. All mem-bers of the board must be residents of this state.

(2) Of the members of the board:(a) Three must be respiratory care practitioners;(b) Two must be individuals who practice polysom-

nography;(c) One must be a qualified medical director for

polysomnography or for respiratory care; and(d) One must be a member of the general public.(3) Board members required to be respiratory care

practitioners or individuals who practice polysomnog-raphy must have engaged in the practice of respiratorycare or polysomnography for a period of five or moreyears immediately preceding appointment to the board.

(4)(a) Board members may be selected by the Gov-ernor from a list of three to five nominees for each va-cancy, submitted by the Oregon Society for RespiratoryCare or another professional organization representingrespiratory care practitioners or polysomnographictechnologists.

(b) In selecting the members of the board, theGovernor shall strive to balance the representation onthe board according to:

(A) Geographic areas of this state; and(B) Ethnic group.(5)(a) The term of office of each member of the

board is four years, but a member serves at the pleasureof the Governor. The terms must be staggered so thatno more than two terms end each year. Vacancies shallbe filled by the Governor by appointment for the unex-pired term. A member shall hold the member’s officeuntil the appointment and qualification of a successor.A member is eligible for reappointment. If a personserves two consecutive full terms, a period of at leastfour years must elapse before the person is again eligi-ble for appointment to serve on the board.

(b) A board member shall be removed immediatelyfrom the board if, during the member’s term, the mem-ber:

(A) Is not a resident of this state;(B) Has been absent from three consecutive board

meetings, unless at least one absence is excused;(C) Is not a respiratory care practitioner or a re-

tired respiratory care practitioner whose license was ingood standing at the time of retirement, if the memberwas appointed to serve as a respiratory care practi-tioner; or

(D) Is not an individual who practices polysom-nography, if the member was appointed to serve as anindividual who practices polysomnography.

(6) A member of the board is entitled to compensa-tion and expenses as provided in ORS 292.495. Theagency may provide by rule for compensation to boardmembers for the performance of official duties at a ratethat is greater than the rate provided in ORS 292.495.

688.825 Selection of board chairperson;quorum; meetings. (1) The RespiratoryTherapist and Polysomnographic Technolo-gist Licensing Board shall select one of itsmembers as chairperson and another as vicechairperson, for those terms and with dutiesand powers necessary for the performance ofthe functions of those offices as the boarddetermines.

(2) A majority of the members of theboard constitutes a quorum for the transac-tion of business.

(3) The board shall meet at times andplaces specified by the call of the chairper-son or of a majority of the members of theboard. [1997 c.792 §3; 2011 c.715 §11]

688.830 Duties of Health Licensing Of-fice and of board; rules. (1) The Health Li-censing Office shall:

(a) Determine the qualifications and fit-ness of applicants for licensure, renewal oflicense and reciprocal licenses under ORS688.800 to 688.840.

(b) Adopt rules that are necessary toconduct its business related to, carry out its



duties under and administer ORS 688.800 to688.840.

(c) Examine, approve, issue, deny, revoke,suspend and renew licenses to practice re-spiratory care and polysomnography underORS 688.800 to 688.840.

(d) Maintain a public record of personslicensed by the office to practice respiratorycare and polysomnography.

(2) The Respiratory Therapist and Poly-somnographic Technologist Licensing Boardshall:

(a) Establish standards of practice andprofessional responsibility for persons li-censed by the office.

(b) Provide for waivers of examinations,grandfathering requirements and temporarylicenses as considered appropriate. [1997 c.792§5; 2001 c.40 §2; 2003 c.547 §36; 2005 c.648 §45; 2007 c.71§224; 2011 c.715 §12; 2013 c.314 §33; 2013 c.568 §72]


688.830. (1) The Oregon Health Licensing Agencyshall:

(a) Determine the qualifications and fitness of ap-plicants for licensure, renewal of license and reciprocallicenses under ORS 688.800 to 688.840.

(b) Adopt rules that are necessary to conduct itsbusiness related to, carry out its duties under and ad-minister ORS 688.800 to 688.840.

(c) Examine, approve, issue, deny, revoke, suspendand renew licenses to practice respiratory care andpolysomnography under ORS 688.800 to 688.840.

(d) Maintain a public record of persons licensed bythe agency to practice respiratory care and polysom-nography.

(2) The Respiratory Therapist and Polysomno-graphic Technologist Licensing Board shall:

(a) Establish standards of practice and professionalresponsibility for persons licensed by the agency.

(b) Provide for waivers of examinations, grandfa-thering requirements and temporary licenses as consid-ered appropriate.


688.835 [1997 c.792 §4; 2001 c.40 §3; repealed by 2003c.547 §118]

688.836 Disciplinary authority ofHealth Licensing Office. In the mannerprescribed in ORS chapter 183 for contestedcases, the Health Licensing Office may im-pose a form of discipline specified in ORS676.612 against any person practicing respir-atory care or polysomnography for any of thegrounds listed in ORS 676.612 and for anyviolation of the provisions of ORS 688.800 to688.840, or the rules adopted thereunder.[2003 c.547 §34; 2005 c.648 §47; 2011 c.715 §14; 2013 c.568§74]

Note: The amendments to 688.836 by section 74,chapter 568, Oregon Laws 2013, become operative July

1, 2014. See section 142, chapter 568, Oregon Laws 2013,as amended by section 146, chapter 568, Oregon Laws2013. The text that is operative until July 1, 2014, is setforth for the user’s convenience.

688.836. In the manner prescribed in ORS chapter183 for contested cases, the Oregon Health LicensingAgency may impose a form of discipline specified inORS 676.612 against any person practicing respiratorycare or polysomnography for any of the grounds listedin ORS 676.612 and for any violation of the provisionsof ORS 688.800 to 688.840, or the rules adopted thereun-der.

688.838 Duty to report prohibited con-duct. Unless state or federal laws relatingto confidentiality or the protection of healthinformation prohibit disclosure, a respiratorycare practitioner or polysomnographic tech-nologist who has reasonable cause to believethat a licensee of another board has engagedin prohibited conduct as defined in ORS676.150 shall report the prohibited conduct inthe manner provided in ORS 676.150. [2009c.536 §30; 2011 c.715 §15]

688.840 Immunity from civil liability.The Respiratory Therapist and Polysomno-graphic Technologist Licensing Board and itsmembers and the Health Licensing Officeand its employees and contractors are im-mune from any civil liability arising fromgood faith actions taken pursuant to ORS688.800 to 688.840. [2001 c.40 §7; 2005 c.648 §48; 2011c.715 §16; 2013 c.568 §75]


688.840. The Respiratory Therapist and Polysomno-graphic Technologist Licensing Board and its membersand the Oregon Health Licensing Agency and its em-ployees and contractors are immune from any civil li-ability arising from good faith actions taken pursuantto ORS 688.800 to 688.840.

PENALTIES688.915 Civil penalty for violation of

ORS 688.405 to 688.605 or rules. (1) In ad-dition to any other sanction authorized bylaw, the Board of Medical Imaging may im-pose a civil penalty not to exceed $1,000 peroccurrence for any violation of ORS 688.405to 688.605, or of any rules adopted underthose provisions. The penalty may be im-posed whether or not the person incurringthe penalty has been licensed or been issueda permit under ORS 688.405 to 688.605, orhas made application for a license or permitunder those sections. A civil penalty may beimposed in lieu of a refusal to grant or renewa license or permit, or a suspension or revo-cation of a license or permit, under ORS688.525.

(2) Civil penalties under this sectionshall be imposed in the manner provided byORS 183.745.



(3) All penalties recovered under thissection shall be credited to the Board ofMedical Imaging Account established underORS 688.585. [1991 c.585 §§1,2; 2005 c.726 §16; 2009c.833 §24]

688.990 Criminal penalties. Violation ofany provision of ORS 688.020, 688.120,688.415 or 688.425 is a Class A misdemeanor.[1959 c.461 §25; subsection (2) enacted as 1977 c.534 §21;1989 c.171 §80; 2005 c.627 §14; 2011 c.597 §283]

688.995 Criminal penalty for violationof ORS 688.800 to 688.840. Violation of anyprovision of ORS 688.800 to 688.840, or of anyrule adopted thereunder, is a Class B misde-meanor. [1997 c.792 §9; 2003 c.547 §37]

688.997 Criminal penalty for violationof ORS 688.718. Violation of ORS 688.718 (1)is a Class B misdemeanor. [2003 c.547 §8]


OCCUPATIONS AND PROFESSIONS


688 · 688.010 definitions for ors 688.010 to 688.201 688.015 findings and purpose ... maintenance...

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