74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 455
A-Engrossed
Senate Bill 170
Ordered by the Senate April 30
Including Senate Amendments dated April 30
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for State Board of Massage Therapists)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Revises various provisions related to massage therapists.
A BILL FOR AN ACT
Relating to State Board of Massage Therapists; creating new
provisions; and amending ORS 687.011, 687.021, 687.031,
687.051, 687.057, 687.061, 687.081, 687.121 and 687.123.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 687.011 is amended to read:
687.011. As used in ORS 687.011 to 687.250, 687.895 and
687.991:
{ - (1) 'Board' means the State Board of Massage
Therapists. - }
{ - (2) - } { + (1) + } 'Certified { + program or + }
class' means a { + program or + } class that is approved by the
{ - board - } { + State Board of Massage Therapists + } and is
offered:
(a) By a person or institution licensed as a career school
under ORS 345.010 to 345.450;
(b) By a community college and approved by the State Board of
Education; or
(c) In another { - state - } { + jurisdiction + } and
licensed or approved by the appropriate agency in that
{ - state - } { + jurisdiction + }.
{ - (3) - } { + (2) + } 'Fraud or misrepresentation' means
knowingly giving misinformation or a false impression through the
intentional misstatement of, concealment of or failure to make
known a material fact or by other means.
{ + (3) 'Jurisdiction' means a state or territory of the
United States or a foreign country. + }
(4) 'Manual' means the use of the hands { + , + } { - or - }
the feet { - , or both, - } or any part of the body 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 or mechanical means
or gymnastics, with or without appliances such as vibrators,
infrared heat, sun lamps and external baths, and with or without
lubricants such as salts, powders, liquids or creams for the
purpose of, but not limited to, maintaining good health and
establishing and maintaining good physical condition - }
{ + for a purpose that includes but is 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;
(c) Topical preparations; or
(d) Hot and cold applications + }.
(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 approved school or program of massage to
provide direct on-site clinical supervision of a massage student
enrolled in a certified { + program or + } class.
(9) 'Supervision' means:
(a) The process of overseeing and directing the training of
massage students as set forth in rules of the board;
(b) The process of overseeing and directing a licensee being
disciplined by the board; or
(c) Voluntary consultation with, and education of, less
experienced licensed massage therapists or practitioners in
related fields.
(10) 'Treatment' means the selection, application and practice
of massage or massage therapy essential to the effective
execution and management of a plan of care.
(11) 'Unprofessional or dishonorable conduct' means a behavior,
practice or condition that is contrary to the ethical standards
adopted by the board.
SECTION 2. ORS 687.021 is amended to read:
687.021. (1) { - No - } { + A + } person { - shall - }
{ + may not + } engage in or purport to be in the practice of
massage without { - a - } { + an active + } massage therapist
license issued by the State Board of Massage Therapists.
{ + (2)(a) A person may not aid, abet or assist another
person who does not have an active massage therapist license
issued under ORS 687.051 to engage in or purport to engage in the
practice of massage.
(b) The board shall issue the person violating paragraph (a) of
this subsection one warning before taking any formal action under
ORS 687.122.
(c) Notwithstanding paragraph (a) of this subsection, an
individual does not aid, abet or assist another person who does
not have an active massage therapist license if the individual
acts solely as a client of the other person or only provides
referrals without compensation to the other person. + }
{ - (2) - } { + (3) + } It is unlawful to advertise by
printed publication or otherwise:
(a) The giving of massage treatments in this state by a person
not licensed under ORS 687.011 to 687.250, 687.895 and 687.991;
or
(b) The use of 'massage' in the business name unless the person
providing the massage is licensed under ORS 687.011 to 687.250,
687.895 and 687.991.
{ - (3) - } { + (4) + } The Attorney General, the
prosecuting attorney of any county or the board, in its own name,
may maintain an action for an injunction against any person
violating this section. An injunction may be issued without proof
of actual damage sustained by any person. An injunction does not
relieve a person from criminal prosecution for violation of this
section or from any other civil, criminal or disciplinary remedy.
SECTION 3. ORS 687.031 is amended to read:
687.031. { - (1) - } ORS 687.011 to 687.250, 687.895 and
687.991 do not apply to:
{ + (1) A person licensed by an Oregon state regulatory body
when the person is acting within the scope of the license.
(2) A student enrolled in a certified program or class when
practicing massage techniques in a clinical or nonclinical
setting, at or away from the massage school premises or program
site, under the supervision of an approved instructor or
preceptor, if:
(a) The charge for the massage does not exceed the cost
incurred in providing the massage;
(b) The student is not compensated; and
(c) The student is clearly identified as a student to the
member of the public receiving massage techniques. + }
{ - (a) Persons licensed under any other law of this state to
do any acts included in the definition of massage in ORS 687.011
or persons working under the direction of any such person. - }
{ - (b) Trainers of any amateur, semiprofessional or
professional athlete or athletic team. - }
{ - (c) Massage practiced at the athletic department of any
institution maintained by public 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 of student training supervised by an approved
instructor or preceptor if: - }
{ - (A) Any charge for the massage does not exceed the cost
incurred in providing the massage; and - }
{ - (B) The student is not compensated. - }
{ - (f) Students enrolled in a certified class when
practicing massage techniques in a nonclinical 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 public receiving massage services; and - }
{ - (B) The student is not compensated. - }
{ - (g) Nonresident practitioners holding a valid license,
permit, certificate or registration issued by any other state or
territory of the United States or by a foreign country and
temporarily practicing massage in this state for a period not
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 response team; or - }
{ - (C) Consulting with a massage therapist licensed in this
state regarding massage practices or services. - }
{ - (h) Trained or licensed practitioners of psychotherapy or
counseling modalities that use physical techniques to access or
support psychotherapeutic processes when practicing within the
scope of a license or if the practitioner has an express oral or
written agreement that the sole intent in using the physical
techniques is to render the psychotherapy or counseling. - }
{ - (2) A nonresident practitioner performing massage under
subsection (1)(g) of this section must obtain a temporary
practice permit if practicing in this state for a total of more
than 30 days in a calendar year. Applications shall be
accompanied by the application fee provided for in ORS 687.071. A
temporary practice permit shall allow the nonresident
practitioner to practice massage in this state for a maximum of
180 days in a calendar year. - }
SECTION 4. ORS 687.051 is amended to read:
687.051. (1) { - To be eligible for issuance of an initial
license in this state as a massage therapist after January 1,
1999, the applicant shall - } { + An applicant is eligible for
an initial license as a massage therapist if the applicant + }:
(a) { - Furnish - } { + Furnishes + } the State Board of
Massage Therapists with any personal references required by rule
of the board.
(b) { - Have - } { + Has + } attained the age of 18 years.
(c) { - Furnish - } { + Furnishes + } the board with
educational certificates or transcripts required by law or rule
of the board
{ - including but not limited to proof of certification in
cardiopulmonary resuscitation and the subjects listed in
paragraph (d) of this subsection - } .
(d) { - Have completed a minimum of 500 contact hours of
certified classes in the following subjects: Anatomy and
physiology, kinesiology, pathology, hydrotherapy, theory and
hands-on practice of massage and bodywork techniques and
professional practices, including client communication and
boundaries, professional and business ethics and sanitation. The
board by rule may set the minimum number of required hours for
each subject - } { + Has completed a minimum of 500 contact
hours of certified classes or programs established by the board
by rule + }.
(e) { - Pass - } { + Passes + } an examination prepared and
conducted by the board or its authorized representative
establishing competency and ability to engage in the practice of
massage. The examination shall be administered in the English
language and may be in written, oral or practical form and may
test the applicant for the required level of knowledge and skill
in any subject related to massage and bodywork. The board may
accept passage of a board-approved national standardized
examination as meeting the written examination requirement
contained in this paragraph.
(f) { - Submit - } { + Submits + } the application with
payment for licensing within one year after notification of
having passed the qualifying examination.
(2) An applicant must be a person of good moral character. For
purposes of this section, the lack of good moral character may be
established by reference to acts or conduct reflecting moral
turpitude or to acts or conduct that would cause a reasonable
person to have substantial doubts about the applicant's ability
to practice massage in accordance with ORS 687.011 to 687.250,
687.895 and 687.991 and rules of the board.
(3) The board may require that an applicant furnish evidence
satisfactory to the board that the applicant can safely and
competently practice the profession of massage. The board may
consider evidence including, but not limited to, indications of
impairment by alcohol or controlled substances or behavior,
practices or conduct that would be considered unprofessional or
dishonorable conduct if engaged in by a person licensed under ORS
687.011 to 687.250, 687.895 and 687.991.
(4) To be eligible for biennial renewal, a renewal applicant
shall submit evidence to the board, as determined by the board by
rule, that the applicant has completed a minimum of 12 hours of
board-approved continuing education.
(5) To be eligible for inactive status, a licensed massage
therapist must not be practicing massage in this state.
SECTION 5. ORS 687.057 is amended to read:
687.057. (1) The State Board of Massage Therapists may license
by indorsement or reciprocity any individual who applies, meets
the requirements established by the board and, on the date of
making application, is a massage therapist licensed under the
laws of any other { - state or territory of the United States
or by a foreign country - } { + jurisdiction + } if the
requirements in the { - state, territory or country - }
{ + jurisdiction + } where the applicant is licensed are
{ - not less than - } { + equivalent to + } those required in
ORS 687.011 to 687.250, 687.895 and 687.991. The board shall
adopt rules for determining the necessity of an examination based
on educational preparation, successful completion of other
examinations, work experience and the number of years in active
practice of massage.
(2) The board may license by indorsement any individual who
applies and successfully completes a practical examination if the
individual is already licensed under a law of this state to do an
act included in the definition of massage in ORS 687.011.
(3) The board may enter into an agreement with the appropriate
regulatory body of any other { - state, territory or foreign
country - } { + jurisdiction + } for reciprocal licensing if
the board determines that the qualifications and standards of the
other { - state, territory or foreign country - }
{ + jurisdiction + } are { - not less than - }
{ + equivalent to + } those required in ORS 687.011 to 687.250,
687.895 and 687.991.
SECTION 6. ORS 687.061 is amended to read:
687.061. (1) Licenses issued under ORS 687.011 to 687.250,
687.895 and 687.991 expire on the date established by the State
Board of Massage Therapists by rule and may be renewed after
{ + completion of the application requirements and + } payment
of the renewal fee established by the board. If the renewal fee
is not paid by the { - expiration - } date established by the
board, a delinquency fee must be paid prior to renewal. Licenses
may be renewed within { - three - } { + four + } years after
the date of expiration
{ - upon payment of the renewal fee and the delinquency fee
established by the board - } .
(2) An individual who practices massage without holding a valid
{ + active + } unexpired license issued under ORS 687.011 to
687.250, 687.895 and 687.991 is subject to disciplinary action
and civil penalty by the board, injunction and criminal
prosecution. No disciplinary action, civil penalty or criminal
proceeding shall be initiated under this section after the date
that a renewal and delinquency fee is paid. However, payment of a
renewal and delinquency fee does not stay any disciplinary
action, civil penalty or criminal proceeding already assessed or
initiated.
SECTION 7. ORS 687.081 is amended to read:
687.081. (1) The State Board of Massage Therapists may
discipline a licensee, deny, suspend, revoke or refuse to renew a
license, issue a reprimand, censure a licensee or place a
licensee on probation if the licensee:
(a) Has violated any provision of ORS 687.011 to 687.250,
687.895 and 687.991 or any rule of the board adopted under ORS
687.121.
(b) Has made any false representation or statement to the board
in order to induce or prevent action by the board.
(c) Has a physical or mental condition that makes the licensee
unable to conduct safely the practice of massage.
(d) Is habitually intemperate in the use of alcoholic beverages
or is addicted to the use of habit-forming drugs or controlled
substances.
(e) Has misrepresented to any patron any services rendered.
(f) Has been convicted of a crime that bears a demonstrable
relationship to the practice of massage.
(g) Fails to meet with any requirement under ORS 687.051.
(h) Violates any provision of ORS 167.002 to 167.027.
(i) Engages in unprofessional or dishonorable conduct.
(j) Has been the subject of disciplinary action as a massage
therapist by any other { - state or territory of the United
States or by a foreign country - } { + jurisdiction + } 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 rules of the board if it occurred in this state.
{ + (k) Has aided, abetted or assisted another person to
engage in or purport to be in the practice of massage if the
other person does not have an active massage therapist license
issued by the board. + }
(2) If the board places a licensee on probation pursuant to
subsection (1) of this section, the board may impose and at any
time modify the following conditions of probation:
(a) Limitation on the allowed scope of practice.
(b) If the board finds that the licensee is physically or
mentally impaired, a requirement for successful completion of
appropriate treatment as determined by the board.
(c) Individual or peer supervision.
(d) Such other conditions as the board may deem necessary for
the protection of the public and the rehabilitation of the
licensee.
(3) If the board determines that a licensee's continued
practice constitutes a serious danger to the public, the board
may impose an emergency suspension of the license without a
hearing. Simultaneous with the order of suspension, the board
shall institute proceedings for a hearing as provided under ORS
687.011 to 687.250, 687.895 and 687.991. The suspension shall
continue unless and until the licensee obtains injunctive relief
from a court of competent jurisdiction or the board determines
that the suspension is no longer necessary for the protection of
the public.
(4) In addition to the discipline described in subsection (1)
of this section, the board may impose a civil penalty as provided
under ORS 687.250. Civil penalties under this subsection shall be
imposed pursuant to ORS 183.745.
(5) Prior to imposing any of the sanctions authorized under
this section, the board shall consider, but is not limited to,
the following factors:
(a) The person's past history in observing the provisions of
ORS 687.011 to 687.250, 687.895 and 687.991 and the rules adopted
pursuant thereto;
(b) The effect of the violation on public safety and welfare;
(c) The degree to which the action subject to sanction violates
professional ethics and standards of practice;
(d) The economic and financial condition of the person subject
to sanction; and
(e) Any mitigating factors that the board may choose to
consider.
(6) In addition to the sanctions authorized by this section,
the board may assess against a licensee the costs associated with
the disciplinary action taken against the licensee.
(7) The board shall adopt a code of ethical standards for
practitioners of massage and shall take appropriate measures to
ensure that all applicants and practitioners of massage are aware
of those standards.
(8) Upon receipt of a complaint under ORS 687.011 to 687.250,
687.895 and 687.991, the board shall conduct an investigation as
described under ORS 676.165.
(9) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
SECTION 8. ORS 687.121 is amended to read:
687.121. The State Board of Massage Therapists may adopt rules:
(1) Establishing reasonable standards concerning the sanitary,
hygienic and healthful conditions of premises and facilities used
by massage therapists.
(2) Relating to the methods and procedures used in the practice
of massage.
(3) Governing the examination and investigation of applicants
for the licenses issued under ORS 687.011 to 687.250, 687.895 and
687.991 and the issuance, renewal, suspension and revocation of
such licenses.
(4) Setting standards for certifying { + programs and + }
classes under ORS 687.051.
(5) Requiring that { + a + } massage { - therapists - }
{ + therapist + } { - supply - } { + provide + } the board
with { - the accurate, current address or addresses where they
practice massage. - } { + the massage therapist's accurate and
current legal name and address. As used in this subsection, '
address' means a residence address, a mailing address and a
business address. + }
(6) Fixing the educational, training and experience
requirements for licensing by indorsement or reciprocity.
(7) Establishing requirements for issuance and retention of an
inactive license.
(8) Regarding any matter that the board reasonably considers
necessary and proper for the administration and enforcement of
ORS 687.011 to 687.250, 687.895 and 687.991.
SECTION 9. ORS 687.123 is amended to read:
687.123. { - Upon complaint about the premises on which a
massage therapist practices massage, the State Board of Massage
Therapists or its authorized representative may inspect such
premises in order to determine whether the premises meet the
standards set by order of the board under ORS 687.121 (1). - }
{ + The State Board of Massage Therapists or an authorized
representative may inspect the premises where a massage therapist
practices massage to determine if the premises meets the
standards established by rule of the board under ORS 687.121. + }
SECTION 10. { + The State Board of Massage Therapists may
issue temporary licenses as determined by rule of the board. + }
SECTION 11. { + The amendments to ORS 687.021 and 687.081 by
sections 2 and 7 of this 2007 Act apply to acts or conduct
occurring on or after the effective date of the 2007 Act. + }
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