ORS Chapter 687 - Oregon Statutes

Chapter 687 — MassageTherapists; Direct Entry Midwives

 

2009 EDITION

 

 

MASSAGETHERAPISTS; DIRECT ENTRY MIDWIVES

 

OCCUPATIONSAND PROFESSIONS

 

MASSAGETHERAPISTS

 

(Generally)

 

687.011     Definitions

 

687.021     Practiceof massage without license prohibited; injunction against violation

 

687.031     Applicationof ORS 687.011 to 687.250, 687.895 and 687.991

 

(Licensing)

 

687.041     Applicationsfor licenses

 

687.051     Qualificationsof applicants; continuing education; license renewal; inactive status; rules

 

687.057     Licenseby indorsement or reciprocity; rules

 

687.061     Expirationand renewal of license; rules; fees; sanctions for practicing without validlicense

 

687.071     Fees;rules; examinations; disposition and use of moneys

 

687.081     Groundsfor denial, suspension or revocation of license or refusal to renew license;probation; civil penalties; complaint investigation

 

687.086     Licensedenial procedure; review of rules and board orders

 

(ReportingObligations)

 

687.095     Dutyto report prohibited conduct

 

(StateBoard)

 

687.115     StateBoard of Massage Therapists; members; appointment; terms; meetings;compensation; administrator

 

687.121     Rules

 

687.122     Investigationof violations; power of board; subpoenas

 

687.123     Inspectionof premises

 

687.250     Enforcement;civil penalty

 

DIRECTENTRY MIDWIVES

 

(Generally)

 

687.405     “Licenseddirect entry midwife” defined

 

687.410     Whenuse of title authorized

 

687.415     Whenlicense required

 

(Licensing)

 

687.420     Standardsfor licensing; application; payment by medical assistance program for servicesprovided by licensed midwife

 

687.425     Renewalof license; effect of failure to renew; rules

 

687.430     Waiverof required written examination

 

687.435     Fees;rules

 

687.445     Discipline

 

(ReportingObligations)

 

687.460     Dutyto report prohibited conduct

 

(StateBoard and Health Licensing Agency)

 

687.470     StateBoard of Direct Entry Midwifery; establishment; appointment; confirmation;membership; compensation and expenses

 

687.475     Officers;meetings; quorum; rules

 

687.480     Practicestandards

 

687.485     Authorityof Oregon Health Licensing Agency; rules

 

687.490     Confidentialityof information provided to board or agency

 

(Miscellaneous)

 

687.493     Authorityto purchase and administer certain legend drugs and devices

 

687.495     Collectionof data on births

 

PENALTIES

 

687.895     Procedurefor civil penalties

 

687.991     Criminalpenalties

 

MASSAGETHERAPISTS

 

(Generally)

 

687.010 [Repealed by1955 c.492 §15]

 

      687.011Definitions.As used in ORS 687.011 to 687.250, 687.895 and 687.991:

      (1)“Board” means the State Board of Massage Therapists.

      (2)“Certified class” means a class that is approved by the board and is offered:

      (a)By a person or institution licensed as a career school under ORS 345.010 to345.450;

      (b)By a community college and approved by the State Board of Education; or

      (c)In another state and licensed or approved by the appropriate agency in thatstate.

      (3)“Fraud or misrepresentation” means knowingly giving misinformation or a falseimpression through the intentional misstatement of, concealment of or failureto make known a material fact or by other means.

      (4)“Manual” means the use of the hands or the feet, or both, or any part of thebody in the performance of massage.

      (5)“Massage” or “massage therapy” means the use on the human body of pressure,friction, stroking, tapping or kneading, vibration or stretching by manual ormechanical means or gymnastics, with or without appliances such as vibrators,infrared heat, sun lamps and external baths, and with or without lubricantssuch as salts, powders, liquids or creams for the purpose of, but not limitedto, maintaining good health and establishing and maintaining good physicalcondition.

      (6)“Massage therapist” means a person licensed under ORS 687.011 to 687.250,687.895 and 687.991 to practice massage.

      (7)“Practice of massage” means the performance of massage:

      (a)For purposes other than sexual contact, as defined in ORS 167.002 (5); and

      (b)For compensation.

      (8)“Preceptor” means a licensed massage therapist who contracts with an approvedschool or program of massage to provide direct on-site clinical supervision ofa massage student enrolled in a certified class.

      (9)“Supervision” means:

      (a)The process of overseeing and directing the training of massage students as setforth in rules of the board;

      (b)The process of overseeing and directing a licensee being disciplined by theboard; or

      (c)Voluntary consultation with, and education of, less experienced licensedmassage therapists or practitioners in related fields.

      (10)“Treatment” means the selection, application and practice of massage or massagetherapy essential to the effective execution and management of a plan of care.

      (11)“Unprofessional or dishonorable conduct” means a behavior, practice orcondition that is contrary to the ethical standards adopted by the board. [1955c.492 §1; 1977 c.507 §1; 1979 c.89 §1; 1985 c.82 §1; 1987 c.158 §144; 1989c.841 §1; 1993 c.45 §295; 1995 c.343 §60; 1997 c.626 §2; 1999 c.39 §9; 1999c.537 §5]

 

      687.020 [Repealed by1955 c.492 §15]

 

      687.021Practice of massage without license prohibited; injunction against violation. (1) No personshall engage in or purport to be in the practice of massage without a massagetherapist license issued by the State Board of Massage Therapists.

      (2)It is unlawful to advertise by printed publication or otherwise:

      (a)The giving of massage treatments in this state by a person not licensed underORS 687.011 to 687.250, 687.895 and 687.991; or

      (b)The use of “massage” in the business name unless the person providing themassage is licensed under ORS 687.011 to 687.250, 687.895 and 687.991.

      (3)The Attorney General, the prosecuting attorney of any county or the board, inits own name, may maintain an action for an injunction against any personviolating this section. An injunction may be issued without proof of actualdamage sustained by any person. An injunction does not relieve a person fromcriminal prosecution for violation of this section or from any other civil,criminal or disciplinary remedy. [1955 c.492 §2; 1971 c.650 §36; 1977 c.507 §2;1979 c.89 §2; 1985 c.82 §2; 1989 c.841 §2; 1997 c.626 §3; 1999 c.537 §6]

 

      687.030 [Amended by1953 c.438 §2; repealed by 1955 c.492 §15]

 

      687.031Application of ORS 687.011 to 687.250, 687.895 and 687.991. (1) ORS 687.011to 687.250, 687.895 and 687.991 do not apply to:

      (a)Persons licensed under any other law of this state to do any acts included inthe definition of massage in ORS 687.011 or persons working under the directionof any such person.

      (b)Trainers of any amateur, semiprofessional or professional athlete or athleticteam.

      (c)Massage practiced at the athletic department of any institution maintained bypublic funds of the state or of any of its political subdivisions.

      (d)Massage practiced at the athletic department of any school or college.

      (e)Massage clinics operated as part of a certified class for the purpose ofstudent training supervised by an approved instructor or preceptor if:

      (A)Any charge for the massage does not exceed the cost incurred in providing themassage; and

      (B)The student is not compensated.

      (f)Students enrolled in a certified class when practicing massage techniques in anonclinical setting, at or away from massage school premises or program sites,under the supervision of an approved instructor or preceptor, if:

      (A)The student is clearly identified as a student to any member of the publicreceiving massage services; and

      (B)The student is not compensated.

      (g)Nonresident practitioners holding a valid license, permit, certificate orregistration issued by any other state or territory of the United States or bya foreign country and temporarily practicing massage in this state for a periodnot exceeding 30 days for the purpose of:

      (A)Presenting educational or clinical programs, lectures, seminars or workshops;

      (B)Furnishing massage services during an emergency as part of a disaster responseteam; or

      (C)Consulting with a massage therapist licensed in this state regarding massagepractices or services.

      (h)Trained or licensed practitioners of psychotherapy or counseling modalitiesthat use physical techniques to access or support psychotherapeutic processeswhen practicing within the scope of a license or if the practitioner has anexpress oral or written agreement that the sole intent in using the physicaltechniques is to render the psychotherapy or counseling.

      (i)Practitioners of reflexology who do not claim expressly or implicitly to bemassage therapists and who limit their work to the practice of reflexologythrough the application of pressure with the thumbs to reflex points on thefeet, hands and ears for the purpose of bringing the body into balance, therebypromoting the well-being of clients.

      (2)A nonresident practitioner performing massage under subsection (1)(g) of thissection must obtain a temporary practice permit if practicing in this state fora total of more than 30 days in a calendar year. Applications shall beaccompanied by the application fee provided for in ORS 687.071. A temporarypractice permit shall allow the nonresident practitioner to practice massage inthis state for a maximum of 180 days in a calendar year. [1955 c.492 §12; 1985c.82 §3; 1993 c.564 §1; 1997 c.626 §4; 1999 c.537 §7; 2007 c.332 §1]

 

      687.040 [Repealed by1955 c.492 §15]

 

(Licensing)

 

      687.041Applications for licenses. (1) Applications to the State Board of MassageTherapists for a massage therapist license shall be made on forms provided bythe board and shall contain the information required to assure the board of theapplicant’s eligibility for a license. The application fee provided for in ORS687.071 shall accompany the application.

      (2)An applicant shall state on the application whether the applicant has ever beenarrested for or convicted of a crime exclusive of minor traffic offenses and ifso, where and when.

      (3)The board may require that an applicant submit to fingerprinting and may usethe fingerprints to request a criminal records check of the applicant under ORS181.534. It may also require the photograph of the applicant.

      (4)All law enforcement agencies in this state shall cooperate with the board inthe administration of ORS 687.011 to 687.250, 687.895 and 687.991 and shall,when requested, investigate and report to the board their findings regardingthe arrest or conviction of the applicant for crimes within or outside thisstate. [1955 c.492 §3; 1957 c.166 §1; 1977 c.507 §6; 1979 c.89 §3; 1989 c.841 §3;1997 c.626 §5; 1999 c.537 §8; 2005 c.730 §36]

 

      687.050 [Repealed by1955 c.492 §15]

 

      687.051Qualifications of applicants; continuing education; license renewal; inactivestatus; rules.(1) To be eligible for issuance of an initial license in this state as amassage therapist, the applicant shall:

      (a)Furnish the State Board of Massage Therapists with personal references requiredby rule of the board.

      (b)Have attained the age of 18 years.

      (c)Furnish the board with educational certificates or transcripts required by lawor rule of the board including but not limited to proof of certification incardiopulmonary resuscitation and the subjects listed in paragraph (d) of thissubsection.

      (d)Have completed a minimum of 500 contact hours of certified classes in thefollowing subjects: Anatomy and physiology, kinesiology, pathology,hydrotherapy, theory and hands-on practice of massage and bodywork techniquesand professional practices, including client communication and boundaries,professional and business ethics and sanitation. The board by rule may set theminimum number of required hours for each subject.

      (e)Pass an examination prepared and conducted by the board or its authorizedrepresentative establishing competency and ability to engage in the practice ofmassage. The examination must be administered in the English language oranother language approved by the board and may be in written, oral or practicalform and may test the applicant for the required level of knowledge and skillin any subject related to massage and bodywork. The board shall accept passageof the National Certification Board for Therapeutic Massage and Bodyworkexamination or another board-approved national standardized examination asmeeting the written examination requirement contained in this paragraph.

      (f)Submit the application with payment for licensing within one year afternotification of having passed the qualifying examination.

      (2)An applicant must be a person of good moral character. For purposes of thissection, the lack of good moral character may be established by reference toacts or conduct reflecting moral turpitude or to acts or conduct that wouldcause a reasonable person to have substantial doubts about the applicant’sability to practice massage in accordance with ORS 687.011 to 687.250, 687.895and 687.991 and rules of the board.

      (3)The board may require that an applicant furnish evidence satisfactory to theboard that the applicant can safely and competently practice the profession ofmassage. The board may consider evidence including, but not limited to,indications of impairment as defined in ORS 676.303 or of behavior, practicesor conduct that would be considered unprofessional or dishonorable conduct ifengaged in by a person licensed under ORS 687.011 to 687.250, 687.895 and687.991.

      (4)To be eligible for biennial renewal, a renewal applicant shall submit evidenceto the board, as determined by the board by rule, that the applicant hascompleted a minimum of 12 hours of board-approved continuing education.

      (5)To be eligible for inactive status, a licensed massage therapist must not bepracticing massage in this state. [1955 c.492 §4; 1957 c.166 §2; 1977 c.507 §7;1979 c.89 §4; 1985 c.82 §4; 1989 c.841 §4; 1995 c.23 §1; 1997 c.32 §1; 1997c.176 §1; 1997 c.626 §§6,6a; 1999 c.537 §9; 2009 c.536 §36; 2009 c.756 §62]

 

      687.055 [1977 c.507 §5;1985 c.82 §6; repealed by 1989 c.841 §14]

 

      687.057License by indorsement or reciprocity; rules. (1) The State Board of MassageTherapists may license by indorsement or reciprocity any individual whoapplies, meets the requirements established by the board and, on the date ofmaking application, is a massage therapist licensed under the laws of any otherstate or territory of the United States or by a foreign country if therequirements in the state, territory or country where the applicant is licensedare not less than those required in ORS 687.011 to 687.250, 687.895 and687.991. The board shall adopt rules for determining the necessity of anexamination based on educational preparation, successful completion of otherexaminations, work experience and the number of years in active practice ofmassage.

      (2)The board may license by indorsement any individual who applies andsuccessfully completes a practical examination if the individual is alreadylicensed under a law of this state to do an act included in the definition ofmassage in ORS 687.011.

      (3)The board may enter into an agreement with the appropriate regulatory body ofany other state, territory or foreign country for reciprocal licensing if theboard determines that the qualifications and standards of the other state, territoryor foreign country are not less than those required in ORS 687.011 to 687.250,687.895 and 687.991. [1977 c.507 §18; 1985 c.82 §7; 1989 c.841 §5; 1997 c.626 §7;1999 c.326 §1; 1999 c.537 §10]

 

      687.060 [Repealed by1955 c.492 §15]