OAR Chapter 334 — Board of Massage Therapists

Division 1 PROCEDURAL RULES

Or. Admin. R. 334-001-0000 Notice to Interested Persons

Prior to adoption, amendment or repeal of any rule relating to the practice of massage or bodywork, the Board must give notice pursuant to ORS 183.335 of the proposed adoption, amendment or repeal:

(1) By mailing or delivering a copy of the notice to persons on the Board's mailing list, established pursuant to ORS 183.335(8);

(2) By mailing or furnishing a copy of the notice to representatives of the:

(a) Associated Press and United Press International;

(b) Oregon Massage Therapists Association;

(d) Certified Massage Schools in Oregon.

(3) By mailing or furnishing a copy of the notice to other persons, organizations, and publications that may have an interest in the subject matter of the proposal.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 687.011, 687.086 & 687.121
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 1-2000, f. & cert. ef. 1-12-00
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92
MTB 2-1982, f. & ef. 7-21-82
MTB 1-1978, f. & ef. 7-28-78

Or. Admin. R. 334-001-0005 Model Rules of Procedure

The most current Model Rules of Procedure as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act are by this reference adopted as the rules and procedures of the Board of Massage Therapists and must be controlling except as otherwise required by statutes or rules.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92
MTB 1-1985, f. & ef. 1-8-85
MTB 1-1982, f. & ef. 2-4-82
MTB 1-1980, f. & ef. 2-26-80
MTB 1-1978, f. & ef. 7-28-78

Or. Admin. R. 334-001-0012 Budget

The Oregon Board of Massage Therapists hereby adopts, and fully incorporates herein, the Oregon Board of Massage Therapists' 2025-2027 Biennium budget of $2,967,500.00.

History

Statutory/Other Authority: ORS 182.462 & ORS 687.121 (10)
Statutes/Other Implemented: ORS 182.462
BMT 2-2025, amend filed 06/17/2025, effective 07/01/2025
BMT 1-2025, amend filed 02/12/2025, effective 04/01/2025
BMT 2-2023, amend filed 05/25/2023, effective 07/01/2023
BMT 2-2021, amend filed 05/26/2021, effective 07/01/2021
BMT 1-2019, amend filed 03/21/2019, effective 07/01/2019
BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019
BMT 1-2017, f. 5-23-17, cert. ef. 7-1-17
BMT 1-2015, f. 3-12-15, cert. ef. 7-1-15
BMT 1-2013, f. 5-31-13, cert. ef. 7-1-13
BMT 2-2011, f. 6-29-11, cert. ef. 7-1-11
BMT 1-2011, f. & cert. ef. 4-21-11
BMT 3-2010, f. 12-22-10, cert. ef. 1-1-11
BMT 3-2009, f. & cert. ef. 7-2-09
BMT 2-2007, f. & cert. ef. 7-3-07
BMT 1-2007, f. & cert. ef. 6-29-07
BMT 3-2005, f. 6-24-05, cert. ef. 7-1-05
BMT 2-2005(Temp), f. & cert. ef. 6-24-05 thru 6-30-05
BMT 2-2003, f. & cert. ef. 6-17-03
BMT 1-2001, f. & cert. ef. 5-29-01
BMT 2-2000, f. & cert. ef. 8-3-00
BMT 1-2000, f. & cert. ef. 1-12-00
BMT 2-1999(Temp), f. & cert. ef. 9-17-99 thru 3-15-00

Or. Admin. R. 334-001-0020 Contracting and Procurement

(1) It is the policy of the Board to conduct its procurement efforts to ensure a process that promotes fairness, integrity, security, and honesty to maximize revenue and achieve the best value for the Board.

(2) These rules are used to simplify, clarify and modernize the public contracting of the Board.

History

Statutory/Other Authority: SB 1127
Statutes/Other Implemented: Section 5(4)
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2000, f. & cert. ef. 1-12-00
BMT 3-1999(Temp), f. & cert. ef. 9-17-99 thru 3-15-00
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92

Or. Admin. R. 334-001-0025 Application of the Board’s Procurement Rules; Exceptions

(1) General: It is the policy of the Board to maximize the net revenues of the Board and to conduct its contracting affairs in an open, competitive manner.

(2) Exceptions: The Board may enter into the following classifications of Contracts without a competitive process:

(a) Contracts between the Board and a state agency or local government of this state or another state, with the United States or a United States governmental agency, with an American Indian tribe or an agency of an American Indian tribe, or with a nation or a public agency in any nation other than the United States as permitted in ORS Chapter 190;

(b) Emergency Procurements;

(d) Price regulated items where the rate or price is established by federal, state or local regulatory authority; and

(e) Purchase of used personal property.

(3) Reservation of Rights: Although the Board is exempt from ORS Chapter 279A and 279B, which govern public contracts and procurement, the Board reserves the right to use, as guidelines to govern its procurement actions, relevant provisions of ORS Chapter 279A, and 279B, the Attorney General's Model Public Contract Rules (OAR chapter 137, divisions 46 and 47) and the Public Contracting Rules established by the Oregon Department of Administrative Services (OAR chapter 125, divisions 246 and 247). However, the procedures set forth in these statutes and administrative rules must be guidance only and must not obligate the Board to follow the procedures set forth in these statutes and administrative rules.

History

Statutory/Other Authority: ORS 183 & 687
Statutes/Other Implemented: ORS 182.456 - 182.472, 687.011, 687.051, 687.057, 687.061, 687.086 & 687.121
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12

Or. Admin. R. 334-001-0028 Procurement Authority

(1) General: The Executive Director is authorized to initiate procurements and enter into Contracts and Contract amendments for Goods and Services that are used in the normal day to day operations of the Oregon Board of Massage Therapists and in carrying out the vision of the Board.

(2) Board Approved Contracts: Notwithstanding the provisions of section (1) of this rule, the Board must approve contracts over $50,000 and insure a competitive procurement process is used. The Board having once approved a Contract or Contract amendment authorizes the Executive Director to execute the Contract or Contract amendment, make all disbursements and payments as provided in the Contract or Contract amendment, without further action by the Board.

(3) Emergency Procurements: Notwithstanding the provisions of section (1) of this rule, the Executive Director is authorized to enter into a Contract awarded as an Emergency procurement.

(4) Rule or Statutory Authorization: If a contract action is authorized by statute or rule, the Executive Director is authorized to execute the Contract or any Contract amendment, and make all disbursements and payments as required by the Contract terms or the terms of the Contract amendment.

(5) Price Reduction: The Executive Director is authorized, without further, specific approval action by the Board, to execute any Contract amendment that results in a reduction of the price paid by the Board.

(6) Delegation by Executive Director: The Executive Director may delegate, in writing, to any of the current Oregon Board of Massage Therapists employees the exercise or discharge of any of the powers, duties or functions of the Executive Director in these Division 1 rules.

(7) Legal Sufficiency Review: For all contracts, including amendments, in excess of $150,000 the Board must seek an Attorney General legal sufficiency review and approval, as per OAR 137-045-0015.

History

Statutory/Other Authority: ORS 183 & 687
Statutes/Other Implemented: ORS 182.456 - 182.472, 687.011, 687.051, 687.057, 687.061, 687.086 & 687.121
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12

Or. Admin. R. 334-001-0032 Source Selection

(1) General: Either the Board or the Executive Director must Award Contracts for Goods or Services by one of the source selection methods in this rule. Except as provided in section (2), (5) and (6) of this rule, the Board will generally conduct a competitive process for Goods or Services by issuing a Solicitation Document.

(2) Small Procurements: Any procurement of Goods or Services not exceeding $15,000 may be awarded without a competitive process. The Board may Award a Contract in any manner deemed practical or convenient by the Board, including by direct selection or Award. A procurement may not be artificially divided or fragmented so as to constitute a small procurement under this rule.

(3) Intermediate Procurements: Any procurement of Goods or Services exceeding $15,000 but not exceeding $150,000 may be awarded after seeking three competitive price quotes or Offers. Either the Board or the Executive Director must keep a written record of the sources of the Offers received. If three Offers are not reasonably available, fewer will suffice, but either the Board or the Executive Director must make a written record of the effort made to obtain the Offers. If a Contract is awarded, either the Board or the Executive Director must Award the Contract to the Offeror whose Offer will best serve the interests of the Board. A procurement may not be artificially divided or fragmented so as to constitute an intermediate procurement under this rule.

(4) Large Procurements: Any procurement of Goods or Services exceeding $150,000 may be awarded after seeking three solicited competitive Offers. The Board must keep a written record of the sources of the Offers received. If three Offers are not reasonably available, fewer will suffice, but the Board must make a written record of the effort made to obtain the Offers. If a Contract is awarded, the Board must Award the Contract to the Offeror whose Offer will best serve the interests of the Board.

(5) Sole Source Procurements: Either the Board or the Executive Director may Award a Contract for Goods or Services without a competitive process when the Executive Director, or a person designated in Writing by the Board, determines in Writing, based on findings of current market research, that the Goods or Services are available from only one seller or source.

(6) Emergency Procurements:

(a) General: The Executive Director may conduct an Emergency procurement and enter into Contracts Awarded as Emergency procurements in an Emergency. The Executive Director may conduct an Emergency procurement and enter into Contracts Awarded as Emergency procurements regardless of the dollar amount of the Contract without the Board’s approval. The Board may, in its discretion, enter into a contract without a competitive solicitation if an emergency exists. Regardless of the dollar value of the contract, the Board entering into an Emergency Contract must encourage competition that is reasonable and appropriate under the Emergency circumstances.

(b) Large Procurements:

(A) Notwithstanding subsection 6(a) of this rule, the Executive Director may conduct an Emergency procurement or enter into an Emergency Contract for a Large Procurement only upon the approval of the Board.

(B) The Executive Director may establish an extension of an Emergency Contract for a Large Procurement without the approval of the Board, where the original Contract specifically provides for the extension, the extension does not result in any change in the terms and conditions of the Contract other than an extension in its term.

(C) The Executive Director must make reasonable efforts to report to the Board in Writing, within five days of the Contract Award, or by the next scheduled Board meeting following the Contract Award date, whichever is later, any Emergency Contracts entered into by the Executive Director. However, the Executive Director's inability or failure to report to the Board within this time must not affect the validity of any Emergency Contract.

(7) Alternative Procurement Methods:

(a) The Board reserves the right to use an alternative procurement method if that method will be more likely to:

(A) Maximize the Board's net revenue;

(B) Achieve the specific business objective or business objectives of the procurement; or

(b) Alternative procurement methods may include, but are not limited to, multistep bids, quotes or Proposals, single Proposer negotiations, competitive negotiations between two or more Proposers, brand name solicitations, and cooperative procurements.

History

Statutory/Other Authority: ORS 183 & 687
Statutes/Other Implemented: ORS 182.456 - 182.472, 687.011, 687.051, 687.057, 687.061, 687.086 & 687.121
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12

Or. Admin. R. 334-001-0036 Contract Amendments

(1) Additional Goods or Services: The Board may amend a Contract without additional competition to add additional Goods or Services within the Scope of the Solicitation Document, or if no Solicitation Document, the Contract, subject to the following conditions:

(a) The additional Goods or Services are required by reason of existing or new laws, rules, regulations, or ordinances that affect the performance of the original Contract; or

(b) The prices for the Goods or Services are modified only as follows:

(A) When prices for the Goods or Services are based on unit prices, unit prices that establish the cost basis for the additional Goods or Services were provided in the Offer or original Contract and those prices do not increase except as permitted by an escalation clause in the Contract; or

(B) When prices for the Goods or Services are not based on unit prices, options that establish the cost basis for the additional Goods or Services were provided in the Solicitation Document, Offer, or original Contract.

(2) Renegotiated Contract: The Board may renegotiate the terms and conditions, including the Contract Price, of a Contract without additional competition and amend a Contract if it is Advantageous to the Board subject to the following conditions:

(a) The amended Contract is within the Scope of the Solicitation Document, or if no Solicitation Document, within the Scope the Contract;

(b) The Board must determine that, with all things considered, the renegotiated Contract is at least as favorable to the Board as the original Contract; and

(c) The renegotiated Contract will not have a total term greater than allowed in the original Solicitation Document or Contract after combining the initial and extended terms.

(d) If a Contractor offers a lower price in exchange for a term or condition that was expressly rejected in the original solicitation, the amended Contract may be structured with this changed term as an optional, but not as a mandatory Contract term.

(3) Small or Intermediate Contract: The Executive Director may amend a contract awarded as a small or intermediate procurement pursuant to sections (1) or (2) of this rule, but the cumulative amendments must not increase the total Contract Price to a sum that is greater than twenty-five percent of the original Contract Price, unless the amendment increasing the original Contract Price to more than twenty-five percent of the original Contract Price is approved in writing by the Board prior to execution of the amendment.

(4) Emergency Contract: The Board may amend a Contract Awarded as an Emergency procurement if the Emergency justification for entering into the Contract still exists, and the amendment is necessary to address the continuing Emergency.

History

Statutory/Other Authority: SB 1127
Statutes/Other Implemented: Section 5(4)
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12

Or. Admin. R. 334-001-0045 Personnel Policies

The Oregon Board of Massage Therapists hereby adopts its own personnel policies which are controlling.

History

Statutory/Other Authority: ORS 182.456 - 182.472
Statutes/Other Implemented: ORS 182.456 - 182.472
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 3-2005, f. 6-24-05, cert. ef. 7-1-05
BMT 1-2000, f. & cert. ef. 1-12-00
BMT 3-1999(Temp), f. & cert. ef. 9-17-99 thru 3-15-00

Or. Admin. R. 334-001-0055 Board Member Stipend

(1) The Oregon Board of Massage Therapists hereby adopts a board member stipend of up to $155 or the current Oregon legislative per diem stipend each day or portion thereof during which the board member is actually engaged in the performance of official duties

(2) Performance of official duties is defined as:

(a) Scheduled meetings:

(A) Board meetings, including special Board meetings via conference call,

(B) Board committee meetings.

(b) Appointments with Board staff for Board business;

(d) Conferences and activities that the Board has requested that the member attend as its representative.

(3) Each Board member shall receive a two day stipend of $155 per day or the current Oregon legislative per diem for each regularly scheduled Board meeting preparation. This compensation is not paid if the Board member does not attend the meeting for which they have prepared.

History

Statutory/Other Authority: ORS 182.460 & 687.121
Statutes/Other Implemented: ORS 182.460 & 687.121
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 2-2015, f. 6-12-15, cert. ef. 7-2-15
BMT 1-2015, f. 3-12-15, cert. ef. 7-1-15
BMT 1-2011, f. & cert. ef. 4-21-11
BMT 3-2010, f. 12-22-10, cert. ef. 1-1-11
BMT 2-2010, f. 7-23-10, cert. ef. 7-26-10
BMT 1-2010, f. & cert. ef. 4-12-10

Or. Admin. R. 334-001-0060 Definitions

(1) "Advantageous" means in the Board’s best interests, as assessed according to the judgment of the Board.

(2) "Award" means either the act or occurrence of the Board's identification of the Person with whom the Board will enter into a Contract.

(3) "Barter" means partial or complete trade or exchange of massage or bodywork services for any other type of goods or service other than money.

(4) "Board" means the State Board of Massage Therapists or its authorized representatives as provided by ORS 687.115.

(5) “Bodywork” means the use on the human body, for the purpose of, but not limited to, maintaining good health and establishing and maintaining good physical condition of:

(a) Pressure, friction, stroking, tapping, kneading, vibration or stretching by manual or mechanical means or gymnastics;

(b) Appliances, tools or devices;

(d) Hot and cold applications.

(6) "Boundary" means the limits in a professional relationship which create safety based on the needs of the client.

(7) "Boundary violation" means an alteration or shift in the limits of a professional relationship so that what is allowed in the relationship becomes ambiguous and/or may not be based on the needs of the client.

(8) "Caring" means acting in a manner in which things, events, people or relationships matter.

(9) "Certified Class or program" means a class or program that is approved by the Board and is offered:

(a) By a person or institution licensed as a career school under ORS 345.010 to 345.450; or

(b) By a community college or university approved by the Higher Education Coordinating Commission;

(d) In another state and licensed or approved by the appropriate agency in that state.

(10) "Client" means any individual, group of individuals, or organization to whom an LMT provides massage

(11) “Client vulnerability” means factors which diminish a client’s ability to be self-determining.

(12) "Compensation" means something given or received as payment including but not limited to bartering, tips, monies, donations, or services.

(13) “Conflict of interest” means any action or decision or recommendation by an LMT at the detriment of a client.

(14) "Contract" means an agreement for purchase, lease, rental or other acquisition or sale or other disposal by the Board of Goods or Services.

(15) "Contract Price" means, as the context requires;

(a) The maximum payments that the Board will make under a Contract if the Contractor fully performs under the Contract;

(b) The maximum not-to-exceed amount of payments specified in the Contract; or

(16) "Contractor" means the Person with whom the Board enters into a Contract.

(17) "Critical Reflection" means a process whereby knowledge and action are connected to each other through the application of careful, conscious, deliberate reflection on:

(a) Personal practice (perceptions, assumptions, motivations, values, behaviors).

(b) Assessment and understanding of a situation.

(18) "Dual Relationship" means any relationship of a personal or business nature with a client that is in addition to or concurrent with a professional relationship in which the LMT is providing or has provided massage or bodywork services to that same client.

(19) "Ethics" means a system of valued societal beliefs and behaviors that may be used to guide and evaluate conduct to ensure the protection of an individual's person and rights.

(20) "Emergency" means circumstances that:

(a) Could not have been reasonably foreseen;

(b) Require prompt execution of a Contract to remedy the condition; and

(c) The circumstances create a substantial risk of loss or revenue, damage or interruption of services or substantial threat to property, public health, welfare or safety when the circumstances could not have been reasonably foreseen;

(21) Equivalent Credit Hours: are those credit hours as determined by the respective educational institution or its certified classes or programs

(22) Good moral character means

(a) An applicant has not ever before the date of application, been convicted of a felony or an offense involving moral turpitude or prostitution, solicitation, required to be a registered sex offender and other similar offense which has a reasonable relationship to the practice of massage;

(b) Has not ever before the date of application, been convicted of an act involving dishonest, fraud misrepresentation, gross negligence or incompetence or is not currently incarcerated or on community supervision after a period of incarceration in a local, state or federal penal institution for such an act;

(c) Has not ever before the date of application, had a professional license revoked or suspended by this state, a political subdivision of this state, or a regulatory board in another jurisdiction in the United States, or voluntarily surrendered a professional license in lieu of disciplinary action;

(d) Has not ever before the date of the application, had a massage therapy license revoked or suspended by any state or national massage certifying agency.

(23) "Goods and Services" or "Goods or Services" means supplies, equipment, materials and services including Personal Services and any personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, that the Board is authorized by law to procure.

(24) "Indorsement" means the process of evaluating and recognizing the credentials of a person licensed in Oregon in another health care specialty that includes in its scope of practice, acts defined as massage: or

(25) "Informed consent" means a process wherein clients have knowledge of what will occur, that participation is voluntary, and that the client is competent to give consent.

(26) "Licensee" means any person holding a license, permit, or certificate issued by this Board; an LMT

(27) "LMT” means a Licensed Massage Therapist.

(28) "Massage" or "massage therapy" is defined in ORS 687.011.

(29) "Offer" means a response to a request for price quote or response to a Solicitation Document.

(30) "Offeror" means a Person who submits an Offer.

(31) Professional fitness means

(d) Has not ever before the date of the application, had a massage therapy license revoked or suspended by any state or national massage certifying agency.

(32) “Personal power” means recognizing and taking personal responsibility for the inherent power differential between the LMT and the client and recognizing and taking personal responsibility for the impact of professional decisions, actions and behavior on the client.

(33) "Power differential" means the basic inequality inherent in the professional relationship between an LMT and a client in terms of who has the advantage in the relationship. The LMT is presumed to have the advantage by virtue of the authority which emerges from the role of professional and the vulnerability which is automatically part of the role of client.

(34) “Practical Work Experience” means experience gained while employed or self-employed providing legal massage/bodywork to the public within the last five (5) years, in another state or jurisdiction.

(35) "Practice of massage" is defined in ORS 687.011.

(36) "Professional authority" means the power inherent in the professional role and which is derived from a combination of an LMT’s specialized or expert knowledge, societal expectations, stated and unstated client expectations, and an LMT’s personal power.

(37) "Professional relationship" means the relationship established when a LMT contracts with a client, verbally or in writing, to provide any service associated with the practice of massage or bodywork.

(38) "Professional role" means assuming the demands and responsibilities of professional authority by taking charge of the conditions which create and maintain client safety and trust in the professional-client relationship.

(39) "Scope" means the range and attributes of the Goods or Services described in the applicable Solicitation Document, or if no Solicitation Document, in the Contract.

(40) "Solicitation Document" means an Invitation to Bid, Request for Proposal or other document issued to invite Offers from prospective Contractors.

(41) "Specification" means any description of the physical or functional characteristics or of the nature of Goods or Services, including any requirement for inspecting, testing or preparing Goods or Services for delivery and the quantities of materials to be furnished under a Contract. Specifications generally will state the result to be obtained.

(42) “Split Fee” means giving or receiving a commission or payment, either monetary or otherwise, for the referral of patients.

(43) “Successful Completion” means the written receipt of credit from classes taken at a community college or university or the written receipt of a certificate from a program or private career school.

(44) “Supervised hours” means actual hours in class under the instruction of and in the physical presence of an instructor; or an interactive distance learning course.

(45) “Unsupervised hours” means education hours independently acquired outside the presence of an instructor.

(46) "Written" or "Writing" means conventional paper documents, whether handwritten, typewritten or printed, in contrast to spoken words. It also includes electronic transmissions or facsimile documents when required by applicable law or permitted by a Solicitation Document or Contract.

History

Statutory/Other Authority: ORS 687.011 & 687.121
Statutes/Other Implemented: ORS 687.011
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019
BMT 2-2017, amend filed 11/17/2017, effective 11/17/2017
BMT 3-2015, f. 11-12-15, cert. ef. 1-1-16
BMT 1-2015, f. 3-12-15, cert. ef. 7-1-15
BMT 2-2012, f. 12-4-12, cert. ef. 1-1-13
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 2-2011, f. 6-29-11, cert. ef. 7-1-11
BMT 3-2009, f. & cert. ef. 7-2-09
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 1-2003, f. & cert. ef. 1-24-03
BMT 2-1998, f. & cert. ef. 7-22-98

Division 10 MASSAGE LICENSING

Or. Admin. R. 334-010-0005 Applications

(1) All applications for licensure, temporary license for military spouse or domestic partner, inactive status, renewal, temporary permit, or a facility permit must be made on forms provided by the Board. Only applications that are completed and on Board approved forms, without alterations, willbe accepted for filing and review by the Board.

(2) All applications made to the Board must be accompanied by the required fee.

(3) Applicants for Licensure must submit the following with their application:

(a) A copy of a valid government issued photo identification. This identification could be a valid driver's license, a current U.S. passport, immigration/naturalization papers, or a valid state identification card;

(b) An official certificate or transcript from the administering institutions, instructors, or programs showing successful completion of study and practice in the required subject matter and hours required by the Board.

(A) Official copies of transcripts or certificates presented to the Board in an envelope sealed by the program or institution and verified as sealed may be accepted directly from the applicant.

(B) If a program or institution granting credit is no longer in business, the Board must accept for review a copy of a certificate of completion, transcript or diploma in the required subject matter and hours.

(i) The Board may require additional information to verify the authenticity of such documents.

(ii) Transcripts or certificates directly received from other states massage licensing boards will be accepted.

(C) The Board will not accept transcript(s) or certificate(s) from schools that are not approved or not in good standing with the national massage associations.

(4) Transcripts must include a minimum of 625 hours of certified classes. The 625 hours must include the knowledge and skills identified in OAR 334-010-0047 competencies and must be comprised of:

(a) A minimum of 200 hours of Anatomy & Physiology, Pathology, and Kinesiology; and

(b) A minimum of 300 hours of Massage Theory and Practical Application, Clinical Practice, Business Development, Communication and Ethics, and Sanitation. Hydrotherapy may be included as part of the 300 hours.

(c) The additional 125 hours can be in Anatomy & Physiology, Pathology, Kinesiology, Massage or Bodywork Theory and Practical Application, Clinical Practice, Business Development, Communication, Ethics, Sanitation or Hydrotherapy.

(d) Hours can be calculated in clock hours or equivalent credit hours from an institution that substantially complies with the definition of credit hours in 34 CFR 600.2.

(5) If for any reason an applicant does not appear to be qualified for Licensure, the applicant must be so notified and invited to submit additional evidence to have theircase considered for licensure. Applicants who are or have legally practiced massage and/or bodywork outside of the State of Oregon may be eligible to apply for the Credentialing Review Process.

(6) Applicants who apply for licensure on or before December 31, 2015 with a minimum of 500 hours of certified classes and do not take and pass the Oregon practical exam within 60 days of the date of their application must apply as a new applicant.

(7) All application documents for examination and licensure submitted in a language other than English must be accompanied by:

(a) An accurate translation of those documents into English;

(b) A notarized affidavit certifying that the translator is competent in both the language of the document and the English language; and

(c) A notarized affidavit certifying that the translation is a true and complete translation of the foreign language original.

(8) Any costs of translation of all documents required by the Board must be at the expense of the applicant.

(9) If the applicant discontinues the application process or fails to cooperate with the criminal history check process, then the application is considered incomplete.

(10) All information required for an initial license must be received within 12 months of the initial date of application. Thereafter, one must apply as a new applicant.

(11) Temporary license for military spouse or domestic partner to practice massage.

(a) Pursuant to ORS 676.308, “military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon.

(b) A military spouse or domestic partner holding a temporary license to practice massage in the state of Oregon may perform services within the profession.

(c) A temporary license may be immediately issued to a military spouse or domestic partner; it is valid until the earliest of the following:

(A) Two years after the date of issuance;

(B) The date the spouse of the person to whom the authorization was issued completes the spouse’s term of service in this States; or

(12) Requirements for temporary license to practice massage for a military spouse or domestic partner.

(a) An individual applying for a temporary license to practice massage must:

(A) Meet the requirements of OAR 334-010-0005 (1)-(10);

(B) Submit a completed application prescribed by the Board, which must contain the information listed in OAR 334-010-0005 (1)-(10), and be accompanied by payment of all required fees; and

(C) Attest that the applicant has requested license verification from the state or territory in which the applicant is authorized to practice massage, and that the applicant is not subject to any disciplinary action in that state or territory for a matter related to the practice of massage.

(b) An individual who has a temporary license to practice massage and who wants the license to be permanent must:

(A) Meet the requirements of OAR 334-010-0005 (1)-(10);

(B) Submit a completed application prescribed by the Board, which must contain the information listed in OAR 334-010-0005 (1)-(10), and be accompanied by payment of all required fees; and

(C) Submit information listed in OAR 334-010-0005 (C) (i)-(v) before the two years temporary license expires. If the Board accepts and approves the information, the Board will issue a permanent License to practice massage according to the rules pertaining to the profession.

(i) A copy of a marriage certificate or domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States; and

(ii) A copy of the assignment to an Oregon duty station by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration; and

(iii) Evidence that the applicant meets qualifications for licensure as provided in the statutes and rules for massage license, including examinations; and

(iv) Evidence of having provided massage therapy services or taught the subject matter for at least one year during the three years immediately preceding the date on which the Board receives the application; and

(v) Evidence that the applicant is authorized by another state or territory to practice massage therapy and that the applicant is not subject to disciplinary action in that state or territory for a matter related to massage therapy.

(c) Notwithstanding any other rules administered by the Board, an applicant for a temporary license under this rule must submit all applicable fees for a permanent license listed in OAR 334-010-0033.

(13) Applicants for Facility Permit must submit the following with the Facility Permit application:

(a) If a natural person:

(A) A copy of a valid government issued photo identification. Valid identification includes: a state issued driver's license, a current U.S. passport, immigration/naturalization papers, or a valid state identification card.

(B) Verification of Oregon Secretary of State Business Registration confirming registration of the assumed business name with the State of Oregon. The Verification must be in a format acceptable to the Board and include: the business registry number, owner and entity name as each appears on the Facility Permit Application, Facility Address as it appears in the Facility Permit Application, the current status of the registration, and start date of the registration.

(b) If not a natural person:

(A) Verification of Oregon Secretary of State Business Registration, confirming registration of the corporation, partnership, limited liability company, or assumed business name with the State of Oregon. The Verification must be in a format acceptable to the Board and include the business registry number, entity name as it appears on the Facility Permit Application, Registered Agent, owner/member/partner information, Facility Address as it appears in the Facility Permit Application, the current status of the registration, and start date of the registration.

(B) For corporations, partnerships, and limited liability companies, copies of Articles of Incorporation, Articles of Organization, or shareholder agreements showing all percentages of ownership with appropriate owner(s) identification including name and address.

(14) Applicants for Facility Permit Transfer must submit the following with the Facility Permit application:

(a) If a natural person, a copy of a valid government issued photo identification. Valid identification includes: a state issued driver's license, a current U.S. passport, immigration/naturalization papers, or a valid state identification card;

(b) If not a natural person:

(A) Verification of Oregon Secretary of State Business Registration confirming registration of the corporation, partnership, limited liability company, or assumed business name with the State of Oregon. The Verification must be in a format acceptable to the Board and include the business registry number, entity name as it appears on the Facility Permit Application, Registered Agent, owner/member/partner information, Facility Address as it appears in the Facility Permit Application, the current status of the registration, and start date of the registration.

(C) A Buy-Sell Agreement, Purchase Agreement, Transfer Agreement, Lease Agreement or other documentation approved by the Board verifying transfer of legal ownership of the Facility.

(15) Applicants for licensure, inactive status, renewal, or a facility permit must notify the Board in writing immediately, but no later than 10 days after the change occurs, if any information submitted on the application changes, including, but not limited to: name; contact information, including address, email address, and telephone number; Board or other governmental agency investigation or disciplinary actions; civil, criminal, or ethical investigations, arrests, charges or convictions; employment investigations which lead to termination or resignation; in-patient mental health care for a psychological or behavioral health condition, addiction, or chemical dependency issue. Failure to do so may be grounds for denial of the application or revocation of the license, once issued.

History

Statutory/Other Authority: ORS 183, 687.121 & 182.456 - 182.472
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 2-2019, amend filed 12/10/2019, effective 01/01/2020
BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019
BMT 1-2017, f. 5-23-17, cert. ef. 7-1-17
BMT 3-2015, f. 11-12-15, cert. ef. 1-1-16
BMT 2-2013, f. 11-26-13, cert. ef. 1-1-14
BMT 1-2013, f. 5-31-13, cert. ef. 7-1-13
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 3-2011(Temp), f. & cert. ef. 8-10-11 thru 2-6-12
BMT 3-2009, f. & cert. ef. 7-2-09
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 1-2004, f. & cert. ef. 2-23-04
BMT 1-2003, f. & cert. ef. 1-24-03
BMT 2-2002, f. & cert. ef. 5-8-02
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92, Sec. (7)(d), Renumbered from 334-010-0036
MTB 1-1990, f. & cert. ef. 4-20-90
MTB 1-1986, f. & cert. ef. 1-29-86
MB 3-1985(Temp), f. & cert. ef. 9-20-85
MTB 2-1985, f. & cert. ef. 1-23-85
MTB 1-1979, f. & cert. ef. 5-22-79
HB 88, f. & cert. ef. 3-16-56, Renumbered from 333-035-0002

Or. Admin. R. 334-010-0006 Facility Permits

(1) Facility Permit Applications may be denied for reasons listed in ORS 687.081. Facility Permit Applications may also be denied due to prior discipline by the Board of the Facility, or its affiliated owner(s), registered agent, or member(s)/partner(s). The Board should consider the circumstances of the violations, the duration of the conduct, the egregiousness of the violations, if the facility, its owner, registered agent, or member(s)/partner(s) are currently in compliance with Oregon laws and rules, and previous orders of the Board, and whether the conduct demonstrably related to the Facility Permit Applicant’s holding a facility permit.

(2) A Facility Permit is valid only for the location and business name printed on the Facility Permit. An issued Facility Permit cannot be used at a different location, at multiple locations, or for a facility at the same location under a different name.

(3) Facility Permits issued by the Board are transferable to a new owner(s), or to a new business name or assumed business name, only as approved by the Board.

(4) A permitted Facility may provide massage therapy services only through the use of LMTs licensed under ORS 687.051.

(5) A permitted Facility is responsible for the conduct and behavior of its employees and contracted agents in their performance of services on behalf of or in association with the Facility.

History

Statutory/Other Authority: ORS 687.121
Statutes/Other Implemented: SB 387
BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019
BMT 2-2013, f. 11-26-13, cert. ef. 1-1-14

Or. Admin. R. 334-010-0008 Indorsement

(1) State Indorsement: The Board may grant a license by state indorsement, upon successful completion of the jurisprudence exam, without any additional examination to any applicant who holds a valid license or permit to practice massage from another jurisdiction if the requirements of that licensing authority meet or exceed the requirements established in Oregon.

(2) Health Indorsement: The Board may grant a license by health indorsement, after successful completion of practical and jurisprudence examination, to any applicant currently holding an active Oregon license in good standing in a Board approved health related field who can document curriculum that includes a minimum of 300 hours comprised of Massage Theory & Practical Application, Clinical Practice, Business Development, Communication, Ethics, and Sanitation. Kinesiology and Hydrotherapy may be included as part of the 300 hours.

History

Statutory/Other Authority: ORS 183, 687.121 & 182.456 - 182.472
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 3-2009, f. & cert. ef. 7-2-09
Renumbered from 334-010-0041 by BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 3-2002, f. 5-8-02, cert. ef. 1-1-03
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92
MTB 1-1990, f. & cert. ef. 4-20-90
MTB 1-1986, f. & ef. 1-29-86

Or. Admin. R. 334-010-0009 Credentialing Review

(1) The Board may grant a license to applicants who are or have legally practiced massage and/or bodywork for a minimum of the previous 3 years after successful completion of the jurisprudence examinations, the written examination and upon a credentialing review.

(a) Credentialing review must be submitted on the approved Board of Massage forms (Credentialing Review), submitted with official transcripts and/or certificates as proof of completion.

(b)(A) Of the 200 Anatomy & Physiology, Pathology and Kinesiology hours required, 120 hours minimum must be from certified class instruction. Of the 200 hours required, up to 80 supervised hours of prior continuing education in subject areas may apply. Official Transcripts or Certificates of Completion must be documented on the approved Board of Massage form: Credentialing Review.

(B) Of the 300 Massage Theory and Practical Application, Clinical Practice, Business Development, Communication and Ethics, and Sanitation hours required, 140 hours minimum must be from certified class instruction. Of the 300 hours required up to 120 contact hours of prior continuing education in subject areas may apply. Of the 300 hours required, up to 40 hours of practical work experience may apply.

(C) The additional 125 hours can be in Anatomy & Physiology, Pathology, Kinesiology, Massage or Bodywork Theory and Practical Application, Clinical Practice, Business Development, Communication, Ethics, Sanitation or Hydrotherapy. Of the 125 hours required, up to 75 supervised hours of prior continuing education in subject areas may apply.

(2) Credentialing Review applications must be accompanied by:

(a) Current Credentialing Review fee and

(b) Any additional documentation required by the Board.

History

Statutory/Other Authority: ORS 687
Statutes/Other Implemented: ORS 687.031
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 3-2015, f. 11-12-15, cert. ef. 1-1-16
BMT 1-2012, f. 6-19-12, cert. ef. 7-1-12
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12

Or. Admin. R. 334-010-0010 Practical Exam for Indorsement

(1) The examination must be held at least twice annually or as requested.

(2) The applicant will be notified by electronic mail and/or U.S. mail at least two weeks before the scheduled exam, unless otherwise waived by the applicant, of the time and place.

(3) Applicants who have a documented and verifiable emergency may request to have their exam fee apply to a subsequent examination:

(a) Applicant has 14 days to submit written documentation of the emergency;

(b) Applicant must sit for the examination within one year of the original date of examination; and

(4) Refund of the examination fee may be granted upon written request should the applicant not qualify for the examination. Refunds may also be made for individuals who have a documented and verifiable emergency and are unable to sit for the exam provided the written request and associated documentation are received by the board at least 7 days prior to the exam.

(5) Failure to Pass: An applicant must pass the practical examination within 24 months of the initial date of application. The Board may require an applicant with 3 or more examination failures to undertake and satisfactorily complete a Board approved remediation plan prior to reapplying for the examination.

(6) Examinee Conduct: An examinee, whose conduct interferes with the testing process or whose behavior violates ethical practices or jeopardizes the safety of another may be dismissed and disqualified from examination. Such conduct includes but is not limited to the following behaviors:

(a) Giving or receiving examination data, either directly or indirectly,

(b) Failure to follow written or oral instructions relative to conducting the examination, including termination times and procedures;

(d) Introducing unauthorized materials during any portion of the examination;

(e) Attempting to remove examination materials or notations from the testing site; or

(f) Violating the credentialing process such as falsifying or misrepresenting educational credentials or other information required for admission to the examination, impersonating an examinee, or having an impersonator take the licensing examination on one's behalf.

(7) Test questions, scoring keys, and other examination data used to administer the qualifying examination are exempt from disclosure under ORS 192.410 to 192.505 as amended.

(8) The Board may release statistical information regarding examination pass/fail rates by group, type of examination, school, year, and subject area to any interested party.

(9) All examinations are given in the English language.

(10) Applicants with Special Needs: An applicant is presumed to possess sufficient sensory, visual, hearing and psychomotor capabilities to independently perform massage and bodywork skills. An applicant with special needs may apply to the Board for the provision of special conditions to complete the examination:

(a) The Board may require proof, provided by a qualified professional on letterhead, of the nature of the special need and type of special conditions recommended to complete the exam.

(b) A request for special conditions must be made to the Board in writing at the time of application.

History

Statutory/Other Authority: ORS 183, 687.121 & 182.456 - 182.472
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 3-2015, f. 11-12-15, cert. ef. 1-1-16
BMT 2-2013, f. 11-26-13, cert. ef. 1-1-14 BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12 BMT 3-2009, f. & cert. ef. 7-2-09 BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09 BMT 2-2007, f. & cert. ef. 6-29-07 BMT 1-2007, f. & cert. ef. 6-29-07 BMT 1-2006, f. & cert. ef. 1-5-06 BMT 4-2005(Temp), f. & cert. ef. 9-19-05 thru 3-12-06 BMT 1-2004, f. & cert. ef. 2-23-04
BMT 1-2003, f. & cert. ef. 1-24-03
BMT 2-2002, f. & cert. ef. 5-8-02
BMT 1-2002(Temp), f. & cert. ef. 1-9-02 thru 7-5-02
BMT 2-2000, f. & cert. ef. 8-3-00
BMT 1-2000, f. & cert. ef. 1-12-00
BMT 1-1999(Temp), f. 6-14-99, cert. ef. 7-4-99 thru 12-31-99
BMT 2-1998, f. & cert. ef. 7-22-98, Renumbered from 334-010-0021
MTB 1-1992, f. & cert. ef. 7-28-92, Sec. (6)-(20)(h) Renumbered from 334-030-0020
MTB 1-1990, f. & cert. ef. 4-20-90
MTB 2-1985, f. & cert. ef. 1-23-85
MTB 2-1982, f. & cert. ef. 7-21-82
MTB 1-1979, f. & cert. ef. 5-22-79
HB 88, f. & cert. ef. 3-16-56, Renumbered from 333-035-0004

Or. Admin. R. 334-010-0012 Practical Exam for Indorsement Appeal Process

(1) The following appeal process must be utilized to request a Board review of examination results:

(a) A request for appeal must be made by the applicant in writing and must be received in the Board office within thirty days of the date on the letter of notification of examination results sent to the applicant; and

(b) In the written appeal the applicant must specifically state the reason for the appeal and why the applicant believes the results should be modified. The applicant must identify the specific errors of content, procedure, bias, prejudice or discrimination.

(2) The following appeal process must be utilized to conduct a review of examination results:

(a) During the review, the applicant must be identified only by the applicant’s test number.

(b) The Board’s representative must review the examination results including any written materials, audio or video related to the examinations, examiner comments, and information provided by the applicant related to examination results.

(c) The Board representative(s) must present its findings to the Board in executive session at a regularly scheduled meeting of the Board.

(d) The Board must not consider oral arguments from the applicant regarding an examination appeal unless the Board determines that further information is required directly from the applicant.

(e) The Board must make a determination as to whether to grant the appeal and that the determination must become part of the public record.

(3) An appeal may result in:

(a) No action;

(b) Reversal of a failing score; or

History

Statutory/Other Authority: ORS 183, 687.121 & 182.456 - 182.472
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 3-2015, f. 11-12-15, cert. ef. 1-1-16
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 2-2002, f. & cert. ef. 5-8-02
BMT 2-1998, f. & cert. ef. 7-22-98

Or. Admin. R. 334-010-0015 Licensure

(1) An applicant for licensure or renewal of a license mustcomplete, in its entirety, an original application furnished by the Board.

(2) An applicant for an initial license and all lapsed and inactive licensees applying for reactivation must submit a completed electronic fingerprint for a criminal background check.

(3) All applications for licensure must be accompanied by proof of current cardiopulmonary resuscitation (CPR) certification from the American Heart Association’s Basic Life Support (BLS) Healthcare Providers Course or its equivalent. The CPR certification card must include an expiration date.

(4) An applicant must provide written explanation and copies of all related documentation as requested by the board if:

(a) Applicant has ever been investigated, disciplined or denied licensure by this agency or any other governmental agency in any state or jurisdiction of the United States or foreign country;

(b) Applicant has surrendered a massage license or other professional license in any state or jurisdiction of the United States or foreign country;

(c) Applicant has been arrested, charged or convicted of any type of violation of the law, including both misdemeanors or felonies, in the state of Oregon or other jurisdictions of the United States or foreign country;

(d) Applicant has abused or been treated for the abuse of alcohol, controlled or mind altering substances; or

(e) Applicant has suffered from and/or received treatment for a mental, physical or emotional condition, which could impede applicant’s ability to safely practice massage.

(5) Applicants for initial licensure must have passed a written examination approved by the board unless the applicant is applying through Health Indorsement in which the applicant must have passed a practical examination.

(6) Licenses issued expire on the last day of the licensees’ birth month of even numbered years for licensees with even numbered birth years and odd numbered years for licensees with odd numbered birth years. Thereafter, licenses may be renewed every other year upon completion of the application requirements. The application must be returned to the Board postmarked no later than the 1st day of the month of expiration. A delinquent fee must be paid if the completed application and all requirements are not received by the due date.

(7) Applicants for the renewal of an active license must sign a statement verifying completion of a minimum of 25 hours of continuing education. The Board may require proof of the continuing education hours.

(8) Applications for renewal of an active license must be accompanied by:

(a) Current licensing fee;

(b) Any applicable late fees;

(c) Proof of current cardiopulmonary resuscitation (CPR) certification from the American Heart Association’s Basic Life Support (BLS) Healthcare Providers Course or its equivalent. The CPR certification card must include an expiration date;

(d) Proof of 25 hours of continuing educationas required in OAR 334-010-0050(1);

(e) All licensees must take and submit proof of completing the 1 hour online Pain management module, provided by the Oregon Pain Management Commission (OPMC), at least once, by a licensee’s next required continuing education reporting; and

(f) Any additional documentation required by the Board.

(9) All applicants for initial, renewal, or reinstated license must sign a statement verifying that they have read, understand, and must comply with all current Oregon Revised Statutes (ORS 687), Oregon Administrative Rules (OAR 334), and policy statements of the Board.

(10) Licenses issued by the Board must not be transferable.

(11) A person licensed by the Board may move to an inactive status by completing the form provided by the Board. Upon payment of the appropriate fee, the applicant will be issued an inactive license. During the period of inactive status, the licensee may not practice massage for compensation in the State of Oregon.

(12) An application to reactivate an inactive license must be accompanied by:

(a) Current licensing fee;

(b) Verification of current cardiopulmonary resuscitation (CPR) certification from the American Heart Association’s Basic Life Support (BLS) Healthcare Providers Course or its equivalent. The CPR certification card must include an expiration date.

(c) Verification of 25 hours of continuing education for each biennium the license was inactive. Of the 25 hours, at least 8 must be supervised hours of continuing education training or Board approved activities. At least 4 supervised hours must be in Professional Ethics, Boundaries and/or Communication. The remaining 17 of 25 hours may be supervised or unsupervised hours. At least 1 hour must be in Cultural Competency as per ORS 413.450; Cultural Competency continuing education approved by the Oregon Health Authority, will be accepted for meeting the cultural competency requirement.

(d) Verification of 50 hours of continuing education for the reactivation of inactive license more than 1 biennium must be submitted to the Board. Of the 50 hours, at least 16 must be supervised hours of continuing education training or Board approved activities. At least 8 supervised hours must be in Professional Ethics, Boundaries and/or Communication. The remaining 34 of 50 hours may be supervised or unsupervised hours. At least 2 hour must be in Cultural Competency as per ORS 413.450; Cultural Competency continuing education approved by the Oregon Health Authority, will be accepted for meeting the cultural competency requirement; and

(e) Completed electronic fingerprints for criminal background check.

(13) Prior to beginning required education or training, a person who was convicted of a crime may petition the Board for a determination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board.

(14) To be complete, a petition must include the following:

(a) A complete and signed determination request form.

(b) The required fee of $75.

(i) A certified copy of the judgment of criminal conviction.

(ii) Any charging document(s).

(iii) The arrest report(s).

(iv) Probation and parole records, if they exist.

(d) A written statement from the petitioner regarding the facts underlying the criminal conviction, and any intervening circumstances.

(e) A written statement or other document listing all criminal convictions, including dates of conviction and a summary of the facts, if the petitioner has more than one.

(15) A separate completed petition and fee must be filed for each criminal conviction for which the petitioner is requesting a determination.

(16) If any of the records in (14)(c) no longer exist, have been sealed or are otherwise unavailable to the petitioner, petitioner must provide evidence from the agency that held the record that the record no longer exists.

(17) If any of the documents required under subsections (14) and (16) are not provided, petitioner will have 60 days to provide the required documents or information. Upon failure to comply, the petition will be deemed incomplete and will be closed.

(18) The petition and the Board’s determination are subject to Oregon’s public records laws, and unless an exemption applies, the information in the petition and determination are subject to public disclosure.

(19) The Board will reconsider a determination that a criminal conviction prevents the person from obtaining a license when the person submits a completed application for a license.

(20) Upon reconsideration, the Board may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a license if the applicant:

(a) Has allegations or charges pending in criminal court.

(b) Has failed to disclose a previous criminal conviction.

(c) Has been convicted of another crime during the period between the determination and the person’s submission of a completed application for an occupational or professional license; or

(d) Has been convicted of a crime that, during the period between the determination and the person’s submission of a completed application for an occupational or professional license, became subject to a change in state or federal law that prohibits licensure for an occupational or professional license because of a conviction of that crime.

(21) Failure to disclose a previous criminal conviction includes any misrepresentation or a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, or any other misinformation regarding a prior criminal conviction.

(22) Nothing in this rule prohibits the Board from denying licensure when the person submits a completed application for a reason other than conviction of a crime.

(23) A determination under this rule is not considered a final determination of the Board.

History

Statutory/Other Authority: ORS 687.121 & 687.051
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 2-2025, amend filed 06/17/2025, effective 07/01/2025
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 1-2021, amend filed 02/02/2021, effective 02/02/2021
BMT 2-2019, amend filed 12/10/2019, effective 01/01/2020
BMT 1-2019, amend filed 03/21/2019, effective 07/01/2019
BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019
BMT 1-2016, f. 5-23-16, cert. ef. 7-1-16
BMT 3-2015, f. 11-12-15, cert. ef. 1-1-16
BMT 1-2013, f. 5-31-13, cert. ef. 7-1-13
BMT 1-2012, f. 6-19-12, cert. ef. 7-1-12
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 2-2006(Temp), f. & cert. ef. 2-16-06 thru 8-7-06
BMT 1-2006, f. & cert. ef. 1-5-06
BMT 1-2004, f. & cert. ef. 2-23-04
BMT 1-2003, f. & cert. ef. 1-24-03
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92
MTB 1-1990, f. & cert. ef. 4-20-90
MTB 1-1979, f. & cert. ef. 5-22-79
HB 88, f. & cert. ef. 3-16-56, Renumbered from 333-035-0006

Or. Admin. R. 334-010-0017 Lapsed License

(1) The massage therapist license is considered lapsed if an individual fails to complete the renewal process prior to the expiration of license.

(2) During the lapsed status, no such person shallpractice massage in the State of Oregon.

(3) An applicant whose license is lapsed less than 24 monthsmay return to active status by including the following with the completed application.

(a) Payment of the current fee for activation of the license;

(b) Late fee payment;

(d) Verification of 4 supervised hours in Professional Ethics, Boundaries or Communication.

(e) Proof of current certification in in basic life support (BLS) Healthcare Provider cardiopulmonary resuscitation (CPR). The CPR certification card must be received by the CPR provider and include the expiration date of the CPR certification; and

(f) Complete and submit a completed electronic fingerprint for criminal background check.

(4) An applicant whose license is lapsed for more than 24 months and less than 36 months may return to active status by including the following with the completed application.

(a) Payment of the current fee for activation of the license;

(b) Payment of the licensing fee for the previous period of the lapsed license;

(d) Proof of 50 hours of continuing education;

(e) Verification of 8 supervised hours in Professional Ethics, Boundaries and/or Communication.

(f) Proof of current certification in cardiopulmonary resuscitation (CPR); and

(g) Complete and submit a completed electronic fingerprint for criminal background check.

(5) An applicant whose license is lapsed for 36 months or more, must meet all of the current initial license requirements listed in OAR 334-010-0005 (4) (a-d) to reactivate to active status; and include the following with the completed application.

(a) Payment of the current fee for activation of the license;

(b) Payment of the licensing fee applicable foreach biennium the license was lapsed and for the current licensing period but not to exceed, a maximum of two renewal periods, for any lapsed license;

(d) Proof of 50 hours of continuing education;

(e) Verification of 8 supervised hours in Professional Ethics, Boundaries or Communication.

(f) Proof of current certification in cardiopulmonary resuscitation (CPR); and

(g) Complete and submit a completed electronic fingerprint for criminal background check.

(6) An applicant whose license is lapsed for 12 months or less may renew as an inactive status; a licensethat is lapsed for 12 months or more is prohibited from renewing as an inactive status

(7) All information required for restoring a lapsed license to an active status must be received within 3 years of the date of lapsing along with the requirements listed in OAR 334-010-0017(3)(a-h).

(8) Continuing Education is not required if this is your first subsequent renewal after receipt of your initial license.

History

Statutory/Other Authority: ORS 183, 687.121 & 182.456 - 182.472
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 1-2019, amend filed 03/21/2019, effective 07/01/2019
BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019
BMT 1-2016, f. 5-23-16, cert. ef. 7-1-16
BMT 3-2015, f. 11-12-15, cert. ef. 1-1-16
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 3-2009, f. & cert. ef. 7-2-09
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 1-2006, f. & cert. ef. 1-5-06
BMT 1-2004, f. & cert. ef. 2-23-04
BMT 1-2003, f. & cert. ef. 1-24-03
BMT 2-2002, f. & cert. ef. 5-8-02
BMT 2-1998, f. & cert. ef. 7-22-98

Or. Admin. R. 334-010-0018 Criminal Background Checks, Fitness Determinations

(1) The Board requires a criminal background check of all applicants for a massage therapist license to determine the professional fitness of an applicant. These must be provided on prescribed forms provided by the Board. Fingerprints shall be obtained at a fingerprinting site approved by the Board. The Board must submit fingerprints to the Oregon Department of State Police for checks against state law enforcement data systems and national data sources. Any electronic fingerprint records must subsequently be destroyed by the Oregon Department of State Police.

(a) The Board requires a completed electronic fingerprint of all applicants for an initial license; licensees applying to reinstate a lapsed license or licensees applying to reactivate an inactive license; and licensees under investigation to determine the professional fitness of an applicant or licensee.

(2) These rules are to be applied when evaluating the criminal background of all licensees and applicants for a massage therapist license and conducting professional fitness determinations based upon such history. The fact that the applicant has cleared the criminal background check does not guarantee the granting of a license.

(3) The Board may require fingerprints of any Oregon licensed massage therapist who is the subject of a complaint or investigation for the purpose of requesting a state or nationwide criminal background check.

(4) All criminal background checks must include, but not be limited to, all available state law enforcement data systems and national data sources, unless obtaining one or the other is an acceptable alternative.

(5) Additional information required. In order to conduct the Oregon and National Criminal Background Check and professional fitness determination, the Board may require additional information from the licensee/applicant as necessary, including but not limited to, proof of identity; residential history; names used while living at each residence; or additional criminal, judicial or other background information.

(6) Criminal offender information is confidential. Dissemination of information received under ORS 181.534 is only to people with a demonstrated and legitimate need to know the information. The information is part of the investigation of an applicant or licensee and as such is confidential pursuant to ORS 676.175(1).

(7) The Board must determine whether an individual is professionally fit to be granted a license. If an individual is determined to be unfit, then the individual may not be granted a license. The Board may make professional fitness determinations conditional upon applicant's acceptance of probation, conditions, limitations, or other restrictions upon licensure. Except as otherwise provided in section (1), in making the professional fitness determination the Board must consider:

(a) Criminal background check;

(b) The nature of the crime;

(d) The relevancy, if any, of the crime or the false statement to the specific requirements of applicant's or licensee's present or proposed license, services, employment, position, or permit;

(e) Any refusal to submit or consent to a criminal background check including, but not limited to, fingerprint identification;

(f) Any other pertinent information requested or obtained as a part of an investigation;

(g) Intervening circumstances relevant to the responsibilities and circumstances of the position, services, employment, license, or permit. Intervening circumstances include but are not limited to:

(A) The passage of time since the commission of the crime;

(B) The age of the subject individual at the time of the crime;

(D) The subsequent commission of another relevant crime;

(E) Whether the conviction was set aside and the legal effect of setting aside the conviction; and

(F) A recommendation of an employer.

(8) The Board may consider any conviction of any violation of the law for which the court could impose a punishment and in compliance with ORS 670.280. The Board may also consider any arrests, court records, Department of Motor Vehicle records, or other information that may be indicative of a person's inability to perform as a licensee with care and safety to the public.

(9) If an applicant or licensee is determined not to be professionally fit for a license, the applicant or licensee is entitled to a contested case process pursuant to ORS 183.413-470. Challenges to the accuracy of completeness of information provided by the Oregon Department of State Police, Federal Bureau of Investigation and agencies reporting information must be made through the Oregon Department of State Police, Federal Bureau of Investigation, or reporting agency and not through the contested case process pursuant to ORS 183.

(a) If an individual successfully contests the accuracy or completeness of information provided by the Oregon State Police, the FBI or other reporting agency, the Board must conduct a new criminal background check upon submission of a new request.

(10) If the applicant discontinues the application process or fails to cooperate with the criminal background check process, the application is considered incomplete.

History

Statutory/Other Authority: ORS 687 & 676
Statutes/Other Implemented: ORS 181, 183, 687.041, 687.051, 687.081 & 670.280
BMT 1-2016, f. 5-23-16, cert. ef. 7-1-16
BMT 1-2015, f. 3-12-15, cert. ef. 7-1-15
BMT 1-2012, f. 6-19-12, cert. ef. 7-1-12
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12

Or. Admin. R. 334-010-0025 Practice of Massage

(1) Massage treatment may include, but is not limited to:

(a) Client intake and assessment;

(b) Practice of massage or bodywork;

(d) Documentation.

(2) Massage treatment does not include:

(a) The application of high velocity/low amplitude force further defined as thrust techniques directed toward joint surfaces;

(b) The use of equipment or devices that require a prescription; or

(3) A massage therapist mustuse safe and functional coverage/draping practices during the practice of massage when the client is disrobed.

(a) Safe and functional coverage/draping means:

(A) LMT explains, maintains and respects coverage/draping boundaries;

(B) Client gives informed consent;

(C) Genitals and gluteal cleft of male and female clients and the breast area of female clients are not exposed; with voluntary and informed consent of the client, the gluteal and breast drapes may be temporarily moved in order to perform therapeutic treatment of the area.

(D) Massage or movement of the body does not expose genitals, gluteal cleft or breast area.

(b) Exceptions to the rule may be made for LMTs who can document training in specific modalities that require variations in coverage/draping.

(4) A Licensed massage therapist mustnot perform or offer to perform any services for clients other than those connected with giving massage therapy treatments as defined in ORS 687, unless the LMT has additional training and/or licensure.

(5) A person represents themselvesas a massage therapist when the person adopts or uses any word(s) that implies a skill or application as defined by statute 687.011.

(6) Any person who holds a license as a massage therapist in this state may use the abbreviation “LMT.” No other person(s) may assume such title or such abbreviation or any other word[s], letters, signs, or figures to indicate that the person using the title is a licensed massage therapist.

(7) All licensed massage therapists must notify the Board office in writing of any change of residence, business, email or mailing address within 30 days of change of address.

(8) Active licensed massage therapists must display their current license in a location clearly visible to their clients.

(9) Active licensed massage therapists are required to include their license number in all advertisements, including but not limited to: written, electronic, televised and audio.

History

Statutory/Other Authority: ORS 183, 687.121 & 182.456 - 182.472
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 2-2019, amend filed 12/10/2019, effective 01/01/2020
BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 1-2004, f. & cert. ef. 2-23-04
BMT 1-2003, f. & cert. ef. 1-24-03
BMT 3-2002, f. 5-8-02, cert. ef. 1-1-03
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92
MTB 1-1990, f. & cert. ef. 4-20-90
MTB 1-1986, f. & cert. ef. 1-29-86
MTB 3-1985(Temp), f. & cert. ef. 9-20-85
MTB 2-1985, f. & cert. ef. 1-23-85
MTB 1-1979, f. & cert. ef. 5-22-79
HB 88, f. & cert. ef. 3-16-56, Renumbered from 333-035-0010

Or. Admin. R. 334-010-0027 Exempt Practices

(1) Practitioners exempt from the Oregon Board of Massage Therapists licensing authority are defined as practitioners who:

(a) Do not claim expressly or implicitly to be massage therapists and who limit their work to the practice of:

(A) Using touch, words and directed movement to deepen awareness of existing patterns of movement and suggest new possibilities of movement, as defined per 687.031(1)(j)(i). Examples include the Feldenkrais Method of Somatic Education as defined on May 16, 2011, by the Feldenkrais Guild® of North America and The Trager® Approach as defined on May 16, 2011, by the United States Trager® Association; and Registered Practitioners of Ortho-Bionomy® as defined on December 28, 2012 by the Society of Ortho-Bionomy International; or

(B) Using minimal touch over specific points on the body to facilitate balance in the nervous system, as defined per 687.031(1)(j)(ii). An example includes Bowenwork® and/ or the Bowen Technique as defined on May 16, 2011 by the Bowenwork Academy USA; or

(C) Using touch to affect the energy systems or channels of energy of the body, as defined per 687.031(1)(j)(iii). An example includes Polarity Therapy as defined on May 16, 2011 by the American Polarity Therapy Association; and

(b) Hold an active certification from a National or International professional organization or credentialing agency that:

(A) Requires a minimum level of training specific to their discipline, demonstration of competence and adherence to an approved scope of practice and ethical standards;

(B) Maintains disciplinary procedures to ensure adherence to the requirements of the organization or agency; and

(c) Provide contact information in the practitioner’s place of business for any organization or agency that has certified the practitioner.

(2) It is the exempt practitioner’s responsibility to insure they meet the criteria for being exempt and only practice within their exempt scope of practice. Practitioners may be subject to discipline by the Board if they:

(a) Refer to themselves or imply they are a massage therapist;

(b) Practice outside of the exempt scope of practice;

(c) Practice without an active certification from a National or International professional organization or credentialing agency; or

(d) Fail to provide contact information in the practitioner’s place of business for any organization or agency that has certified the practitioner.

(3) The State Board of Massage Therapists has the authority to verify a practitioners claimed exemption from licensure of ORS 687 under subsection (1)(j) of section 687.031. Verification may include, but is not limited to, consultation with the practitioners certifying organization or agency.

(4) Disciplines and/or Organizations seeking to be named in the exemption shall contact the Board of Massage Therapists to request a review.

History

Statutory/Other Authority: ORS 687 & SB 454
Statutes/Other Implemented: ORS 687.031
BMT 1-2013, f. 5-31-13, cert. ef. 7-1-13
BMT 2-2012, f. 12-4-12, cert. ef. 1-1-13
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12

Or. Admin. R. 334-010-0028 Breast Massage

(1) Prior to performing breast massage to treat certain medical conditions, a LMT must:

(a) Be able to present evidence of the completion of specialized supervised hours as training beyond the minimum competencies, which includes but is not limited to, indications, contraindications, therapeutic treatment techniques, expected outcomes, client safety, client consent, client communication, draping techniques, sanitation, and ethical responsibilities related to breast massage;

(b) Be able to articulate a therapeutic rationale which is acknowledged by the client; rationale may include a medical prescription and/or permission to consult with the clients health care provider(s).

(c) Acquire prior written and verbal consent before proceeding; the written consent must include clients’ option to accept or decline to provide a witness, in addition to the client and LMT.

(2) While performing these procedures a LMT must use appropriate draping techniques at all times. Any temporary exposure of the breast area for the purposes of treatment is acceptable only in respect to appropriate procedures for that treatment. Immediately following treatment of the area, the breast area must be covered again.

(3) Additional prior written consent and the actual presence of a parent or legal guardian is required when treating individuals under 18 years of age.

History

Statutory/Other Authority: ORS 687
Statutes/Other Implemented: ORS 687.121
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 1-2012, f. 6-19-12, cert. ef. 7-1-12

Or. Admin. R. 334-010-0029 Internal Cavity

(1) All Internal Cavities massage must be performed utilizing universal precautions for communicable disease control.

(2) Internal Cavities consist of nasal cavities, oral cavities, auricular cavities, anal cavities, and vaginal cavities.

(3) Internal cavity massage that must be performed using gloves:

(a) Anal cavities and

(b) Vaginal cavities.

(4) Internal cavity massage that must be performed using gloves or finger cots:

(a) Nasal cavities and

(b) Oral cavities.

(5) Prior to performing these special procedures, an LMT must:

(6) Prior to performing internal cavity massage a LMT must obtain written and verbal consent before proceeding, written consent must include clients’ option to accept or decline to provide a witness in addition to the client and LMT.

(7) While performing these procedures a LMT must use appropriate draping techniques at all times. Any temporary exposure of the genital area for the purposes of treatment is acceptable only in respect to appropriate procedures for that treatment. Immediately following treatment of the area, the genital area must be covered again.

(8) Under no circumstances will intravaginal or intra-anal techniques be performed on individuals under 18 years of age.

History

Statutory/Other Authority: ORS 687
Statutes/Other Implemented: ORS 687.121
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 1-2013, f. 5-31-13, cert. ef. 7-1-13
BMT 2-2012, f. 12-4-12, cert. ef. 1-1-13
BMT 1-2012, f. 6-19-12, cert. ef. 7-1-12

Or. Admin. R. 334-010-0033 Fees

(1) The fees are:

(a) $270 for initial license;

(b) $135 for initial license under 12 months;

(d) $135 for a temporary license under 12 months;

(e) $270 per biennial renewal for active license;

(f) $135 per biennial renewal for inactive license;

(g) $135 mid-cycle inactive to active renewal

(h) $25 per week, up to a maximum of $100, for any late renewal;

(i) $135 for application processing;

(j) $350 for each practical examination;

(k) $135 for mailing list;

(l) $10 for license reprint;

(m) $25 for license verification;

(n) $250 Credentialing Review;

(o) Current Oregon State Police Criminal Background Check Fee;

(p) $270 initial facility permit;

(q) $335 facility permit ownership transfer;

(r) $335 permitted facility name change;

(s) $10 facility permit reprint

(t) $10 permitted facility address change and

(u) Other administrative fees as allowed by law.

(2) Application and licensure fees are not refundable

(3) During a Governor of Oregon declared State of Emergency: The Board or their designee may authorize the waiver of late fees.

(4) The Board or their designee may utilize a period of up to one year to phase any adjusted rules back to normal requirements.

History

Statutory/Other Authority: 687.121, ORS 183 & 182.456 - 182.472
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 1-2025, amend filed 02/12/2025, effective 04/01/2025
BMT 2-2021, amend filed 05/26/2021, effective 07/01/2021
BMT 2-2019, amend filed 12/10/2019, effective 01/01/2020
BMT 1-2019, amend filed 03/21/2019, effective 07/01/2019
BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019
BMT 2-2017, amend filed 11/17/2017, effective 11/17/2017
BMT 1-2016, f. 5-23-16, cert. ef. 7-1-16
BMT 3-2015, f. 11-12-15, cert. ef. 1-1-16
BMT 1-2015, f. 3-12-15, cert. ef. 7-1-15
BMT 2-2013, f. 11-26-13, cert. ef. 1-1-14
BMT 1-2012, f. 6-19-12, cert. ef. 7-1-12
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2011, f. & cert. ef. 4-21-11
BMT 3-2010, f. 12-22-10, cert. ef. 1-1-11
BMT 3-2009, f. & cert. ef. 7-2-09
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 1-2006, f. & cert. ef. 1-5-06
BMT 4-2004, f. 10-22-04, cert. ef. 1-1-05
BMT 1-2003, f. & cert. ef. 1-24-03
BMT 2-2002, f. & cert. ef. 5-8-02
BMT 1-2000, f. & cert. ef. 1-12-00
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92 (and corrected 8-6-92)
MTB 1-1990, f. & cert. ef. 4-20-90
Reverted to MTB 1-1986, f. & ef. 1-29-86
MTB 1-1989(Temp), f. & cert. ef. 7-27-89
MTB 1-1986, f. & ef. 1-29-86

Or. Admin. R. 334-010-0046 Class Certification

(1) A class or program certified under ORS 687.051 must be offered by:

(a) In State Schools:

(A) A person or institution licensed as a private vocational school under ORS 345.010 to 345.074 or the equivalent licensing authority of another jurisdiction; or

(B) By a community college or university and approved by the Division of Vocational Education or the Department of Education, or the appropriate agency of another jurisdiction; or

(C) By a college accredited either by the Northwest Accreditation Commission or a like regional association or by a college in Oregon approved by the Oregon Office of Educational Policy and Planning for the purpose of granting degrees; and

(D) Approved by the Board.

(b) Out of State Schools:

(A) Must be approvedby the governing body where the school is located; or

(B) By a college accredited either by the Northwest Accreditation Commission or a like regional association for the purpose of granting degrees.

(2) In order for a class or program to be approved, the person or institute offering the class or program must apply to the Board. The application packet mustcontain, but not be limited to:

(a) A completed Board application;

(b) Verification of content meeting the Model Curriculum;

(d) The institution’s Code of Ethics and fraternization policy;

(e) The method of evaluation to determine the student’s successful completion of a class;

(f) The attendance requirements for students to successfully complete each class;

(g) Minimum qualifications for selecting instructors.

(3) The authorized representative of the certified class or program must notify the Board at least 60 days prior to any significant changes to information provided in the application process.

(4) A certified class or program mustrenew their certification on a regular basis as determined by the Board.

(5) Certification of the class or program may be revoked by the Board if it is determined that the requirements have not been or are no longer being met.

(6) Denial or revocation of a class or program certification by the Board, if otherwise not resolved, mustbe heard by the Board pursuant to ORS 183.411 to 183.497.

History

Statutory/Other Authority: ORS 687.121
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 1-2019, amend filed 03/21/2019, effective 07/01/2019
BMT 2-2017, amend filed 11/17/2017, effective 11/17/2017
BMT 1-2017, f. 5-23-17, cert. ef. 7-1-17
BMT 2-2012, f. 12-4-12, cert. ef. 1-1-13
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 3-2009, f. & cert. ef. 7-2-09
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1990, f. & cert. ef. 4-20-90
MTB 1-1986, f. & ef. 1-29-86

Or. Admin. R. 334-010-0047 Competencies

A Licensed Massage Therapist must establish by successful completion of Board approved written and/or practical exams, and maintain through Continuing Education, the knowledge and skills relevant to the practice of massage and bodywork as follows:

(1) Knowledge of:

(a) Massage and bodywork assessment and application;

(b) Anatomy;

(d) Kinesiology;

(e) Pathology;

(f) Legal and business requirements;

(g) Ethical principles; and

(h) Basic CPR.

(2) Practical skills application of:

(a) Fundamental techniques of soft tissue manipulation and treatment, and safe utilization of:

(A) Thermal modalities;

(B) Topical preparations;

(D) Other applications available to the public; and

(E) Movements and exercises that lengthen and shorten soft tissues within the normal range of the client; and

(b) Fundamental principles of body mechanics in the application of massage and bodywork; and

(d) Draping/coverage practices that address both function and safety.

(3) Demonstrating Treatment and Business skills in the following areas by:

(a) Developing and utilizing treatment plans addressing client conditions and concerns by:

(A) Identification of indications and contraindications,

(B) Informing the client and obtaining informed consent regarding the risks and benefits of the treatment plan, and

(b) Using effective verbal and non-verbal interpersonal communication;

(d) Utilizing an ethical decision making process;

(e) Establishing and maintaining a practice environment that provides for the client’s safety and comfort; and

(f) Establishing and maintaining professional business records.

History

Statutory/Other Authority: ORS 687.121
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 2-1998, f. & cert. ef. 7-22-98

Or. Admin. R. 334-010-0050 Continuing Education

(1) The intent of Continuing Education is to protect the public by maintaining continued competency in the knowledge, skills, and abilities of massage or bodywork. Continued competence is the ongoing ability of a licensee to integrate and apply the knowledge, skills, judgment, and personal attributes required to practice safely and ethically.

(a) Each licensee must complete 25 hours of continuing education each renewal period.

(b) Of the 25 hours, at least 8 must be supervised continuing education. Of the 8 supervised hours, at least 4 must be in either Professional Ethics, Boundaries, or Communication. These hours must be obtained by participation in supervised learning as defined in 334-010-0050 (3)(a).

(d) Of the 25 hours, at least once by a licensee’s next required continuing education reporting, a licensee must complete the Pain Management module as provided by the Oregon Pain Management Commission (OPMC). While this module is only required to be completed once, however, it can be repeated once every renewal and may be counted as continuing education hour(s).

(e) Each licensee must hold a current Basic Life Support (BLS) card.

(2) The continuing education hours must be from the following topics and within the scope of the license:

(a) Massage and bodywork techniques;

(b) Use of thermal modalities, topical preparations, over-the-counter massage tools;

(d) Assessment of client’s soft tissue, posture, and movement patterns;

(e) Massage and bodywork business practices;

(f) Anatomy and physiology of the human body;

(g) Kinesiology of the human body;

(h) Pathology of the human body;

(i) Professional Ethics, Boundaries or Communication;

(j) Cultural competency as defined in ORS 413.45;

(k) Body mechanics;

(l) Somatic education;

(m) Basic Life Support (BLS);

(n) Pain Management as provided by the Oregon Pain Management commission (OPMC); or

(o) Massage and bodywork instructor training.

(3) The methods of obtaining continuing education in the topics listed in OAR 334-010-0050 (2) shall include:

(a) Participation in instructor supervised, formal learning courses, seminars, and workshops. A minimum of 8 of the required 25 hours must be from supervised education.

(A) These shall be provided by:

(i) a licensed or accredited massage and bodywork training program;

(ii) a provider recognized by a massage and bodywork professional organization;

(iii) an accredited institution of higher education;

(iv) a licensed healthcare provider, including an LMT or equivalent license;

(v) an American Heart Association (AHA) or OSHA compliant CPR provider.

(B) These may be delivered in person or by interactive distance learning. interactive distance learning is either a live online class, or a course where participants are required to interact with an instructor during the course through various formats such as electronic discussion boards, email, social media groups, or other methods of direct communication.

(b) Participation in unsupervised, informal learning presentations, teaching, media-based self-study, webinars, seminars, and OBMT meetings. A maximum of 17 of the required 25 hours may be from unsupervised education.

(A) These shall be provided by:

(i) a licensed or accredited massage and bodywork training program;

(ii) a provider recognized by a massage and bodywork professional organization;

(iii) an accredited institution of higher education;

(iv) a licensed healthcare provider, including an LMT or equivalent license;

(v) an American Heart Association (AHA) or (Occupational Safety & Health Administration (OHSA) compliant CPR provider;

(vi) OBMT Board or Committee meeting with a limit of 3 hours per renewal period. One credit hour will be given for each meeting.

(vii) Publishing an article relating to massage and bodywork.

(viii) Courses or lectures on massage and bodywork which a licensee presents. A licensee may receive credit for presenting a course or lecture only one time per renewal period regardless of how many times the licensee presents a course or lecture.

(B) These may be delivered in person or remotely.

(4) If the Continuing Education subject matter is not listed under OAR 334-010-0050(1) it will NOT be accepted for continuing education.

(5) The Oregon Board of Massage Therapists randomly selects a minimum of 10 percent of received monthly renewals for a continuing education audit.

(a) If selected for an audit the licensee will have 30 days to complete the audit form and submit copies (not originals) of their Continuing Education certificates.

(b) If the licensee fails to provide the requested information to the Board, within the 30 days, the Board may issue discipline per ORS 687.081 and 687.250.

(6) Continuing education must be completed within the renewal period as determined by the class’ completion date.

(a) Supervised hours taken and submitted during renewal in excess of the total number required may only be carried over to the next subsequent renewal period.

(b) Supervised hours taken in Professional Ethics, Boundaries and/or Communication in excess of the four hour requirement may be carried over to the next subsequent renewal period.

(7) The continuing education requirement does not apply to a licensee's first license renewal. Continuing Education taken during the first renewal period must be submitted during the second renewal period

(8) Continuing education records must be maintained by each licensee for a minimum of five years.

(9) If the Board finds indications of fraud or falsification of records, investigative action shall be taken. Findings may result in disciplinary action up to and including revocation of the licensee's license.

(10) Failure to complete continuing education hours by the time of renewal may result in revocation, suspension and/or denial of a license. Licensee has 30 days from date of notification of non- compliance to come into compliance. Failure to be in compliance may result in discipline of the license to practice massage.

(11) During a Governor of Oregon declared State of Emergency:

(a) Continuing education hours may be reduced from the current required hours to no fewer than the statutorily required hours as per ORS 687.051.

(b) The Board or their designee may authorize alternative methods of obtaining required continuing education hours through supervised and unsupervised hours. The subject matter of the continuing education hours must meet the requirements set forth in OAR 334-010-0050 (1) continuing education rules.

(c) The Board or their designee may utilize a period of up to one year to phase any adjusted rules back to normal requirements.

(d) This rule does not apply to the cultural competency continuing education subject matter requirements pursuant to ORS 676.850.

History

Statutory/Other Authority: ORS 687.081, 687.121 & 687.122
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 1-2024, amend filed 05/08/2024, effective 07/01/2024
BMT 1-2023, amend filed 01/27/2023, effective 07/01/2023
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 2-2021, amend filed 05/26/2021, effective 07/01/2021
BMT 1-2021, amend filed 02/02/2021, effective 02/02/2021
BMT 1-2020, minor correction filed 02/10/2020, effective 02/10/2020
BMT 2-2019, amend filed 12/10/2019, effective 01/01/2020
BMT 1-2019, amend filed 03/21/2019, effective 07/01/2019
BMT 1-2017, f. 5-23-17, cert. ef. 7-1-17
BMT 1-2016, f. 5-23-16, cert. ef. 7-1-16
BMT 2-2013, f. 11-26-13, cert. ef. 1-1-14
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 3-2009, f. & cert. ef. 7-2-09
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 1-2006, f. & cert. ef. 1-5-06
BMT 1-2005, f. & cert. ef. 2-23-05
BMT 3-2004(Temp), f.& cert. ef. 10-22-04 thru 4-19-05
Reverted to BMT 1-2004, f. & cert. ef. 2-23-04
BMT 2-2004(Temp), f. & cert. ef. 3-16-04 thru 9-7-04
BMT 1-2004, f. & cert. ef. 2-23-04
BMT 1-2003, f. & cert. ef. 1-24-03
BMT 2-1998, f. & cert. ef. 7-22-98
BMT 1-1998(Temp), f. & cert. ef. 2-3-98 thru 7-31-98

Division 20 SANITATION, FACILITY AND BUILDING REQUIREMENTS

Or. Admin. R. 334-020-0005 Facilities and Sanitation

(1) Permanent and Mobile structures:

(a) All permanent structures and mobile facilities wherethe practice of massage and bodywork is routinely conducted must:

(A) Be established and maintained in accordance with all local, state and federal laws, rules & regulations;

(B) Obtain a facility permit to operate;

(i) Notify the Board office in writing,

(I) Of any change of the permitted Facility’s name, business location, operation status, ownership, email or mailing address within 30 days of change.

(II) A Facility Permit Transfer Application must be submitted and approved by the Board prior to the Facility providing of massage therapy services under new ownership, under a new business or assumed business name.

(ii) A permitted Facility must display its permit in a location clearly visible to anyone entering the facility;

(iii) A permitted Facility must display original licenses of its LMT employee(s) in a location inside the premises, clearly visible to the general public.

(iv) A permitted Facility is required to include its permit number in all massage therapy advertisements, including but not limited to: written, electronic, televised and audio advertisements, service menus, business cards, flyers, websites, and other means of promotion of the permitted Facility.

(i) Clinic or facility owned or operated by a person authorized to practice a profession by a health professional regulatory board, as defined in ORS 676.160;

(ii) A career school licensed under ORS 345.010 to 345.450; and

(iii) Clinics of a board approved massage therapy program.

(D) Provide a finished lavatory that

(i) Is well maintained,

(ii) Provides a system for sanitary disposal of waste products,

(iii) Is capable of being fully closed and locked from the inside,

(iv) Supplies hot and cold running water,

(v) Is supplied with liquid soap and single use towels,

(vi) Is supplied with toilet paper at each toilet;

(E) Dispose of refuse sewage in a manner described by local and state law; and

(F) Follow applicable laws pertaining to public spas, pools, baths and showers.

(b) All treatment spaces must:

(A) Provide for client privacy, both in-house and on-site;

(B) Be designated as used only for massage at the time of services;

(D) Provide illumination during cleaning.

(A) Cleaned regularly and kept free of clutter, garbage or rubbish;

(B) Maintained in a sanitary manner; and

(2) Outcall/On-site. Any temporary location where the LMT conducts massage and bodywork, the LMT must provide and utilize:

(a) Safe, sanitized and well-maintained equipment, tools and preparations;

(b) Sanitary linen practices; and

History

Statutory/Other Authority: ORS 687.121
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019
BMT 1-2015, f. 3-12-15, cert. ef. 7-1-15
BMT 2-2013, f. 11-26-13, cert. ef. 1-1-14
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92, Renumbered from 334-010-0030
MTB 1-1986, f. & cert. ef. 1-29-86
MTB 2-1985, f. & cert. ef. 1-23-85
HB 88, f. & cert. ef. 3-16-56, Renumbered from 333-035-0012

Or. Admin. R. 334-020-0015 Equipment

(1) All equipment and tools used in conjunction with a treatment on a client must:

(a) Be approved by a nationally recognized testing laboratory when applicable;

(b) Be maintained on a regular basis; and

(2) Cushions on tables and chairs, as well as bolster and pillows, must be covered with impervious material that is cleaned after every use.

(3) Topical preparations must be:

(a) Stored in a manner that maintains the integrity of the product and prevents spoilage and contamination;

(b) Dispensed in a manner that prevents contamination of the unused portion; and

(4) Topical preparations such as ice cubes, plasters, herbal wraps and any other similar product that comes in contact with the client must be used only once and then disposed of in a sanitary manner.

History

Statutory/Other Authority: ORS 687.121
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 2-1998, f. & cert. ef. 7-22-98
Renumbered from 334-010-0040, MTB 1-1992, f. & cert. ef. 7-28-92 (and corrected 8-6-92)
MTB 1-1986, f. & ef. 1-29-86
MTB 1-1979, f. & ef. 5-22-79
HB 88, f. 3-16-56, Renumbered from 333-035-0016

Or. Admin. R. 334-020-0050 Linens

(1) When linens are used they must be routinely cleaned and stored in a manner which reasonably assures the sanitary use for each client.

(2) The use of soiled linens is prohibited.

(3) All soiled linens must be:

(a) Immediately placed in a receptacle that closes and prevents cross-contamination;

(b) Handled as little as possible;

(d) Laundered in a manner that removes all residue of topical preparations.

History

Statutory/Other Authority: ORS 687.121
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 3-2009, f. & cert. ef. 7-2-09
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 2-1998, f. & cert. ef. 7-22-98
Renumbered from 334-010-0075, MTB 1-1990, f. & cert. ef. 4-20-90
MTB 1-1986, f. & ef. 1-29-86
MTB 1-1979, f. & ef. 5-22-79
HB 88, f. 3-16-56, Renumbered from 333-035-0030

Or. Admin. R. 334-020-0055 Communicable Disease Control

(1) All therapists must always practice communicable disease prevention and control.

(2) LMT’s are required to follow the communicable disease guidelines as adopted by the Board.

(3) The Oregon Health Authority (OHA) has adopted certain rules to control the communicable disease COVID-19. Unprofessional conduct pursuant to OAR 334-040-0010 (17), (22) and 25 ( C)(f) includes failing to comply with any applicable provision of an OHA COVID-19-related rule or any provision of this rule.

(4) Failing to comply as described in subsection (1) includes, but is not limited to:

(a) Failing to comply with OHA’s rules requiring masks, face coverings or face shields, including

[OAR 333-019-1011(healthcare), if applicable;

(b) Failing to comply with OHA’s rules requiring vaccinations, including OAR 333-019-1010

(healthcare), if applicable. Note, a Healthcare setting is defined as “any place where health care, including physical or behavioral health care is delivered and includes, but is not limited to any health care facility or agency licensed under ORS chapter 441 or 443, such as hospitals, ambulatory surgical centers, birthing centers, special inpatient care facilities, long-term acute care facilities, inpatient rehabilitation facilities, inpatient hospice facilities, nursing facilities, assisted living facilities, residential facilities, residential behavioral health facilities, adult foster homes, group homes, pharmacies, hospice, vehicles or temporary sites where health care is delivered (for example, mobile clinics, ambulances), and outpatient facilities, such as dialysis centers, health care provider offices, behavioral health care offices, urgent care centers, counseling offices, offices that provide complementary and alternative medicine such as acupuncture, homeopathy, naturopathy, chiropractic and osteopathic medicine, and other specialty centers.” Or;

(5) No disciplinary action or penalty action shall be taken under this rule if the rule alleged to have been violated is not in effect at the time of the alleged violation.

(6) Civil penalties for violating this rule include: Imposition of discipline for violating this rule includes: $500 civil penalty. Any such civil penalties or discipline shall be imposed in accordance with ORS Ch. 183.

History

Statutory/Other Authority: ORS 687.121
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92 (and corrected 8-6-92), Renumbered from 334-010-0080
MTB 1-1986, f. & cert. ef. 1-29-86
MTB 1-1979, f. & cert. ef. 5-22-79
HB 88, f. & cert. ef. 3-16-56, Renumbered from 333-035-0032

Division 30 ETHICAL STANDARDS

Or. Admin. R. 334-030-0001 Preamble and Fundamental Canon

(1) In order to safeguard the health, safety and welfare of the citizens of Oregon and to establish and maintain a high standard of integrity and practice, the following Standards of Professional Conduct must be binding on every person holding a license to practice massage in this state.

(2) The Standards of Professional Conduct as promulgated herein are an exercise of the authority vested in the Board by acts of the legislature.

(3) All persons licensed under ORS 687 are charged with having knowledge of the existence of these Standards of Professional Conduct and must be deemed to be familiar with their provisions and to understand them. Such knowledge must encompass the understanding that the practice of massage is a privilege as opposed to a right.

(4) The Board may establish guidelines for ethical decision-making that are congruent with the standards of professional conduct promulgated by the Board. Such guidelines may be modified or revised at the Board's discretion. The Board must use current standards of practice and codes of ethics in the field of massage and bodywork as well as relevant statutes and regulations in establishing guidelines for ethical decision-making. A copy of any such guidelines or change must be published in the Board's newsletter and relevant professional publications in the field of massage and bodywork.

(5) All LMT’s, in the fulfillment of their professional duties, must comply with the Standards and Objectives of Professional Conduct.

History

Statutory/Other Authority: ORS 687.011 & 687.081
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 2-1998, f. & cert. ef. 7-22-98

Or. Admin. R. 334-030-0005 Standards and Objectives of Professional Conduct

(1) Standard I: Responsibility -- the relationship between the LMT and the profession. The LMT must:

(a) Acquire, maintain and improve professional knowledge and competence using scientific, clinical, technical, psychosocial and governmental sources of information;

(b) Act within the context of professional practice standards, codes of ethics, and relevant statutes and regulations;

(d) Represent all aspects of their professional capabilities and services honestly and accurately;

(e) Be accountable to theirprofession for establishing the quality and effectiveness of care and services, using their experience, professional education, and available resources;

(f) Establish relationships with other massage, bodywork or healthcare professionals to collaborate with, and to offer or receive consultation in the provision of services; and

(g) Be accountable for their actions and commitments and assume personal and professional responsibility to do their best.

(2) Standard II: Therapeutic Relationship -- the relationship between the LMT and the client. The LMT must:

(a) Be accountable to their clients for the quality and effectiveness of care and services and for creating the basic conditions and boundaries necessary to foster safety and trust in the client-professional relationship;

(b) Plan and provide care and services to the best of theirabilities, in partnership with the client, based on client needs;

(c) Ensure that their actions with a client are based on understanding and implementing the core values of caring, respect, compassion, appropriate boundaries, and appropriate use of personal power;

(d) Develop alliances with the client, colleagues, other health care providers and the community to provide care and services that are safe, effective and appropriate to the client’s needs;

(e) Develop and incorporate respect for diverse client backgrounds in regard to a client's clinical diagnosis, lifestyle, sexual orientation, race, gender, ethnicity, religion, age, and socioeconomic background when planning and providing services;

(f) Act as an advocate for client and client’s needs;

(g) Support and respect the client's right and responsibility for self-determination in making health care choices; and

(h) Base decisions and actions on behalf of a client on sound ethical reasoning and current principles of practice.

(3) Standard III: Critical Reflection -- the relationship of LMT to self. The LMT must:

(a) Use critical reflection in the assessment of professional and clinical situations for the development and provision of care and services;

(b) Evaluate the quality and effectiveness of their professional practice activities;

(c) Modify and adapt professional practice activities, consistent with current professional standards and practices, in response to client needs, advancing knowledge and research, and social expectations; and

(d) Be an autonomous agent in planning and providing care and services to individuals, groups and the community.

History

Statutory/Other Authority: ORS 687.081 & 687.121
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 2-2019, amend filed 12/10/2019, effective 01/01/2020
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09
BMT 2-1998, f. & cert. ef. 7-22-98

Division 40 COMPLAINTS AND DISCIPLINE

Or. Admin. R. 334-040-0001 Complaints

(1) Every licensee having information regarding a possible violation of the rules or statutes governing massage must cooperate with the Board in furnishing such information and must assist the Board, in order that appropriate investigative, corrective or disciplinary action may be taken.

(2) Anyone may submit a complaint against a licensed or unlicensed person. A complaint may be submitted anonymously. Complainants are kept confidential.

(3) A preliminary review of the complaint must be made by the Board or its representative, to assure there is sufficient evidence to justify proceeding to investigate and to determine if the allegations against the Respondent are such that, if proven, could result in disciplinary action being imposed by the Board.

(4) If the complaint is considered to be valid, the Board must then proceed as follows:

(a) The Board or its representative may notify the Respondent of the allegations by mail and request written response. Written responses must be received by the Board within two weeks after the notification was first mailed, unless an extension is authorized by the Board. In the event no written response is received the Board may evaluate the complaint using available evidence; or

(b) The Board or its representative may refer the complaint to the Board's designated authority for additional investigation.

(5) The Board must evaluate all evidence obtained; including any documents or comments received from the Respondent and the Board must proceed as follows:

(a) If the evidence is insufficient to justify further proceedings, the Complainant and Respondent must be so notified in writing.

(b) If the evidence is sufficient to justify further proceedings, the Board must consider and take appropriate action at a regular or special meeting.

History

Statutory/Other Authority: ORS 687.081 & 687.121
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09

Or. Admin. R. 334-040-0010 Discipline

The Board may deny, conditionally grant, restrict, suspend or revoke a license or permit, impose probation, reprimand, and censure, impose remedial education or corrective actions, and/or impose a civil penalty for any of the following reasons:

(1) Practicing massage or representing one's self as a massage therapist without a current active license issued by the Board;

(2) Knowingly or recklessly making any false statement to the Board;

(3) Has been the subject of disciplinary action as a licensed healthcare professional by this or any other state or territory of the United States or by a foreign country and the Board determines that the cause of the disciplinary action would be a violation under ORS 687.011 to 687.250, 687.895 and 687.991 or OAR Chapter 334;

(4) Suspension or revocation of a license to practice massage in another jurisdiction based upon acts by the licensee similar to acts described in this section;

(5) Knowingly or recklessly falsifying an application or continuing education statement or documentation;

(6) Conviction of a crime in any state or jurisdiction;

(7) The use of false, deceptive, or misleading advertising, which includes but is not limited to, advertising massage using the term “massage” or any other term that implies a massage technique or method in any private or public communication or publication by a person licensed or not licensed by the Board as a massage therapist;

(8) Allowing the use of a license by an unlicensed person;

(9) Presenting as one's own license, the license of another;

(10) Practicing massage under a false or assumed name;

(11) Impersonating another massage therapist;

(12) Assisting, employing, or permitting an unlicensed person to practice massage;

(13) Practicing or purporting to practice massage when the license has been revoked or suspended, lapsed or inactive;

(14) Practicing or offering to practice massage beyond the scope permitted by law;

(15) The use of intoxicants, drugs, controlled substances, or mind altering substances to such an extent as to impair or potentially impair the licensee's abilities to perform professional duties in a safe manner;

(16) Practicing massage with a physical or mental impairment that renders the therapist unable or potentially unable to safely conduct the practice of massage;

(17) Failing to keep the equipment and premises of the massage establishment in a clean and sanitary condition as required by rules of the Board;

(18) Refusing to permit the Board or its representatives to inspect the business premises of the licensee during regular business hours;

(19) Failing to cooperate with the Board in any licensing action or disciplinary proceeding, including but not limited to:

(a) Failure to furnish any requested papers or documents,

(b) Failure to provide in writing a full and complete explanation covering the matter contained in the complaint filed with the Board,

(d) Failure to participate in an interview during a Board investigation, either at the time of the investigation or failing to schedule an interview within a reasonable period of time when requested as part of a Board investigation,

(e) Failing to respond or directly answer questions asked during an interview or investigation, or failure to verbally provide information reasonably known at the time of the interview or investigation.

(20) Failing to comply with an order issued by the Board;

(21) Failure to obtain the required permits for facilities or in violation of OAR 334-020-0005 (1)(a)(B).

(22) Failure to report to the Board information that a licensee has engaged in prohibited or unprofessional conduct as required in ORS 676.150.

(23) Misrepresentation or fraud in any aspect of the profession, including but not limited to charging for unnecessary services, charging for services not provided, failing to provide services that are paid in full, or failure to comply with Oregon insurance billing laws and rules.

(24) Splitting fees or giving or receiving a commission in the referral of patients for services.

(25) Unprofessional or dishonorable conduct which includes but is not limited to:

(a) Any conduct involving inappropriate physical contact or sexual misconduct which includes:

(A) Sexual abuse which is conduct which constitutes a violation of any provision of ORS 163.305 through 163.465;

(B) Sexual violation which is sex between the LMT and the client, whether initiated by the client or not, engaging in any conduct with a client that is sexual, or may be reasonably interpreted as sexual, including, but not limited to:

(i) Sexual intercourse;

(ii) Genital to genital contact;

(iii) Oral to genital contact; oral to anal contact;

(iv) Oral to oral contact except cardiopulmonary resuscitation;

(v) touching breasts or genitals or any sexualized body part for any purpose other than appropriate examination or treatment or where the client has refused or withdrawn consent; or

(vi) Encouraging the client to masturbate in the presence of the LMT or masturbation by the LMT while the client is present.

(C) Sexual impropriety which is any behavior, gestures, or expressions that are seductive or sexually demeaning to a client; inappropriate procedures, including, but not limited to,

(i) Disrobing or draping practices that reflect a lack of respect for the client's privacy, deliberately watching a client dress or undress instead of providing privacy for disrobing;

(ii) Subjecting a client to an examination in the presence of students, assistants, or other parties without the explicit consent of the client or when consent has been withdrawn;

(iii) An examination or touching of genitals;

(iv) Inappropriate comments about or to the client, including but not limited to, making sexual comments about a client's body or clothing, making sexualized or sexually-demeaning comments to a client, comments on the client's or LMT’s sexual orientation and making a request to date;

(v) Initiation by the LMT of conversation regarding the sexual problems, preferences or fantasies of the LMT; or

(vi) Kissing.

(b) Violating the client’s rights of privacy, and confidentiality.

(d) Failing to disclose or releasing information about a client if required by law or on written consent of client

(e) Intentionally harassing, abusing, or intimidating a client either physically or verbally.

(f) Any conduct or practice which could endanger the health or safety of a client or the public.

(g) Any conduct or practice that falls below the standard of minimal competence within the profession that results in unacceptable risk of harm to the client; regardless of whether injury occurs.

(h) Any conduct or practice which impairs the massage therapist’s ability to safely and skillfully practice massage.

(i) Employing illegal or unethical business practices including but not limited to;

(A) Fraud, deceit or misrepresentation in obtaining or attempting to obtain any fee or third party reimbursement for services.

(B) Taking advantage of a relationship with a client for the licensee’s personal advantage, including obtaining a benefit that is a personal, sexual, romantic or financial. This includes the promotion or sale of services, goods, or appliances in such a manner as to exploit the client for the financial gain or self-gratification of the massage therapist.

(C) A Licensee shall bill clients or third parties for only those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual agreement. A Licensee must either honor a gift certificate or pre-paid package or provide a full refund of unused services. A Licensee must comply with ORS 646A.276.

History

Statutory/Other Authority: ORS 687.081 & 687.121
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022
BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019
BMT 2-2017, amend filed 11/17/2017, effective 11/17/2017
BMT 1-2015, f. 3-12-15, cert. ef. 7-1-15
BMT 2-2013, f. 11-26-13, cert. ef. 1-1-14
BMT 1-2013, f. 5-31-13, cert. ef. 7-1-13
BMT 2-2012, f. 12-4-12, cert. ef. 1-1-13
BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12
BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09, Renumbered from 334-030-0025
BMT 2-1998, f. & cert. ef. 7-22-98
MTB 1-1992, f. & cert. ef. 7-28-92, Sec. (6) - (20)(h) Renumbered from 334-030-0020
MTB 1-1990, f. & cert. ef. 4-20-90

OAR Chapter 334 — Board of Massage Therapists

Division 1 PROCEDURAL RULES

Or. Admin. R. 334-001-0000 Notice to Interested Persons

Or. Admin. R. 334-001-0005 Model Rules of Procedure

Or. Admin. R. 334-001-0012 Budget

Or. Admin. R. 334-001-0020 Contracting and Procurement

Or. Admin. R. 334-001-0025 Application of the Board’s Procurement Rules; Exceptions

Or. Admin. R. 334-001-0028 Procurement Authority

Or. Admin. R. 334-001-0032 Source Selection

Or. Admin. R. 334-001-0036 Contract Amendments

Or. Admin. R. 334-001-0045 Personnel Policies

Or. Admin. R. 334-001-0055 Board Member Stipend

Or. Admin. R. 334-001-0060 Definitions

Division 10 MASSAGE LICENSING

Or. Admin. R. 334-010-0005 Applications

Or. Admin. R. 334-010-0006 Facility Permits

Or. Admin. R. 334-010-0008 Indorsement

Or. Admin. R. 334-010-0009 Credentialing Review

Or. Admin. R. 334-010-0010 Practical Exam for Indorsement

Or. Admin. R. 334-010-0012 Practical Exam for Indorsement Appeal Process

Or. Admin. R. 334-010-0015 Licensure

Or. Admin. R. 334-010-0017 Lapsed License

Or. Admin. R. 334-010-0018 Criminal Background Checks, Fitness Determinations

Or. Admin. R. 334-010-0025 Practice of Massage

Or. Admin. R. 334-010-0027 Exempt Practices

Or. Admin. R. 334-010-0028 Breast Massage

Or. Admin. R. 334-010-0029 Internal Cavity

Or. Admin. R. 334-010-0033 Fees

Or. Admin. R. 334-010-0046 Class Certification

Or. Admin. R. 334-010-0047 Competencies

Or. Admin. R. 334-010-0050 Continuing Education

Division 20 SANITATION, FACILITY AND BUILDING REQUIREMENTS

Or. Admin. R. 334-020-0005 Facilities and Sanitation

Or. Admin. R. 334-020-0015 Equipment

Or. Admin. R. 334-020-0050 Linens

Or. Admin. R. 334-020-0055 Communicable Disease Control

Division 30 ETHICAL STANDARDS

Or. Admin. R. 334-030-0001 Preamble and Fundamental Canon

Or. Admin. R. 334-030-0005 Standards and Objectives of Professional Conduct

Division 40 COMPLAINTS AND DISCIPLINE

Or. Admin. R. 334-040-0001 Complaints

Or. Admin. R. 334-040-0010 Discipline

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