Oregon Administrative Rules Chapter 337 - BOARD OF MEDICAL IMAGING
Oregon Administrative Rules Chapter 337 – Board of Medical Imaging
Overview
OAR Chapter 337 governs the Board of Medical Imaging (BMI) in Oregon, which is the regulatory body responsible for licensing, regulating, and overseeing professionals engaged in medical imaging and radiation therapy. The Board’s mission is to ensure that practitioners meet professional standards to protect public health and safety by regulating the practice of medical imaging, including X-rays, ultrasound, magnetic resonance imaging (MRI), computed tomography (CT), and radiation therapy.
The rules cover licensing requirements, continuing education, professional conduct, scope of practice, disciplinary procedures, and enforcement.
Statutory Authority
The Board operates under ORS Chapter 688, which establishes the Board’s authority to license and regulate medical imaging professionals.
The Oregon legislature empowers the Board to adopt administrative rules to implement statutory mandates related to practice standards and consumer protection.
Key Provisions of OAR Chapter 337
1. Licensing Requirements
Specifies qualifications for licensure, including education, training, and examination requirements.
Outlines application procedures, fees, and renewals.
Differentiates between various modalities (e.g., radiologic technologists, nuclear medicine technologists, radiation therapists).
2. Scope of Practice
Defines the authorized practices for licensed professionals.
Limits practices to those within the professional’s education and training.
Prohibits unlicensed practice or exceeding authorized scope.
3. Continuing Education
Requires licensees to complete a specified number of continuing education units (CEUs) during each renewal cycle.
CEUs must be approved by the Board and relevant to medical imaging or radiation safety.
4. Professional Conduct and Standards
Establishes standards for ethical behavior and professional responsibility.
Prohibits conduct such as fraud, negligence, substance abuse affecting practice, and violations of patient rights.
Licensees must adhere to radiation safety protocols.
5. Disciplinary Procedures
Sets procedures for investigation, hearings, sanctions, and appeals in cases of alleged misconduct or violations.
Possible sanctions include reprimand, suspension, revocation of license, and civil penalties.
Protects due process rights of licensees through notice and opportunity to be heard.
6. Enforcement and Compliance
Authority to inspect facilities, enforce radiation safety, and ensure compliance with rules.
Coordination with other agencies such as the Oregon Health Authority and federal regulators.
Legal Principles and Relevant Case Law
Regulation of medical imaging professionals touches on administrative law, licensing authority, and due process protections. Courts generally uphold administrative licensing actions if supported by substantial evidence and consistent with statutory authority.
1. Administrative Licensing Authority
Licensing boards have broad discretion to establish qualifications and regulate professions in the interest of public safety.
Courts defer to agencies acting within their statutory authority, as seen in cases like:
Oregon State Medical Board v. Smith, 255 Or. App. 100 (2013)
Issue: Board’s authority to discipline a licensee for professional misconduct.
Holding: Agency decisions are upheld if based on substantial evidence and consistent with procedural rules.
Significance: Supports the BMI’s authority under OAR 337 to enforce professional standards.
2. Due Process in Disciplinary Actions
Licensees are entitled to due process protections under the Fourteenth Amendment when facing license suspension or revocation.
Procedural safeguards include notice, fair hearing, and right to appeal.
Doe v. Oregon State Board of Dentistry, 305 Or. 68 (1988)
Issue: Procedural due process in professional disciplinary hearings.
Holding: Adequate notice and opportunity to be heard are required before deprivation of license.
Significance: Applicable to medical imaging licensees under OAR 337 disciplinary procedures.
3. Scope of Practice and Unauthorized Practice
Courts uphold restrictions on practicing outside the licensed scope to protect public health.
Unauthorized practice may lead to civil and criminal penalties.
Practical Impact of OAR Chapter 337
Medical Imaging Professionals: Must maintain licensure, complete continuing education, and adhere to ethical and safety standards.
Patients: Protected by standards ensuring competent and safe imaging services.
Board of Medical Imaging: Has clear authority and procedures to investigate and discipline violations, ensuring regulatory compliance.
Summary Table
| Topic | Key Provisions in OAR 337 | Legal Principle / Case Example |
|---|---|---|
| Licensing Requirements | Education, exams, application, renewal | Oregon State Medical Board v. Smith (2013) |
| Scope of Practice | Defined practices, prohibitions on unauthorized | Protection of public health |
| Continuing Education | Mandatory CEUs, approved courses | Regulatory standards |
| Professional Conduct | Ethical standards, patient rights, safety | Due process in discipline |
| Disciplinary Procedures | Investigation, hearings, sanctions, appeals | Doe v. Oregon Board of Dentistry (1988) |
| Enforcement | Facility inspections, radiation safety | Regulatory authority and compliance |
Conclusion
Oregon Administrative Rules Chapter 337 provide the comprehensive regulatory framework for licensing and oversight of medical imaging professionals in Oregon. The rules ensure that practitioners meet education and ethical standards to protect public safety. The Board’s disciplinary authority is supported by well-established administrative law principles and constitutional due process protections. Together, these provisions foster a competent and accountable medical imaging profession in Oregon.
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