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OBMI Board Meeting Notes - April 22, 2017

New Business:

1. Proposed rule to establish civil penalty schedule for employing an unlicensed person to perform imaging.  

  • OBMI is drafting a proposal to fine facilities for employing an unlicensed person.  They voted to accept a proposal which would fine institutions based on the number of individual patients served.  The proposed fee schedule is as follows:
    • $5,000 if service was provided to no more than 50 patients.
    • $10,000 if service is provided to 51-100 individual patients
    • $20,000 if service is provided to 101-150 individual patients
    • $30,000 if service is provided to 151-200 individual patients
    • $50,000 if service is provided to more than 200 individual patients
  • There was discussion on this as one of the board members felt like the fines were too harsh especially considering rural organizations, but the board ruled to proceed with the proposal noting the penalties need to be significant enough to detour facilities from using non licensed employees to operate imaging equipment.
  • I asked if this would apply to current situation of APRN's reportedly using fluoroscopy while performing pain management injections and the reply was yes.
  • Next steps:  This will go to public comment.  

2. Five year review of specified administrative rules, in accordance with ORS 183.405.

This was just a procedural item as they must review their administrative rules every 5 years.  No discussion to note.  

3.  Proposed policy for handling public records requests

  • Policy on how to request public records including fees to obtain public records was approved.  Currently OBMI will only release the name and address of a licensee.  
4. Planning future election of Board Chair and Vice-Chair.
  • This was an informational item from Ed that there will upcoming elections so for those board members who might be interested in serving ad chair or vice chair, they should let Ed know.

Old Business:

1. CT waiver request – follow-up question following the Board’s January action on CT waivers.

  • Last meeting there was a request for a CT waiver from a rural hospital which was denied.  A CT tech from this facility has attempted to take her CT registry with ARRT three times and has failed.  ARRT will not allow her to sit for another test, but OBMI could sponsor her to take the ARRT test which would apply to Oregon only.  Meaning if she were to pass the exam administered by OBMI, but written by ARRT she would only be allowed to practice at her specific site and in Oregon.  She would not be able to practice anywhere else and would not be considered ARRT registered.  
  • The board had mixed feelings on allowing her to test for a 4th time.
  • Currently the facility has 9 CT techs.
  • Next steps:   The board requesting the site prove that not having her employed has created a hardship.

2. Board action regarding possible rulemaking regarding supervision of temporary limited permit holders

  • The rulemaking is still in process for supervision and the board suggested that the RAC meet again to clean up some of the language on the proposal.  
  • Tom King reported an inspection with Pioneer Pacific's LXMO program in Wilsonville and it passed inspection.  He mentioned their organization of student records was lacking and the rooms were very messy which was concerning to him if students were picking up on these habits.  
  • They held student interviews which reflected the organization concerns from instructors.  
  • There was also much discussion on the extremely low pass rates and Rick Hoylman said these scores were unacceptable and the schools should be held accountable.
  • Next steps:  Tom will continue to inspect LXMO schools and the board put in a request to the board's attorney to see if OBMI has the authority to hold the school accountable to their low registry scores. The attorney will investigate whether or not the board can step in and consider issuing sanctions against LXMO who have poor registry pass rates.  

3. APRNs providing verbal instructions during fluoroscopy procedure—update on SB 801.

  • SB 801 legislation was pulled There has been no contact from ONA on the proposal.  
4.  Update on OBMI’s legislative concepts for the 2017 session in Salem. 
  • HB 2267 for Opthalmic Sonography was signed by the Governor.  
5. Update on legislative action on the OBMI budget for the upcoming 2017-19 biennium.
  • Informational only.  Nothing noted.  

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