justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 687.121 Statutes/Other Implemented: SB 387 History: BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019 BMT 2-2013, f. 11-26-13, cert. ef. 1-1-14
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. 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 History: 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
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. Statutory/Other Authority: ORS 687 Statutes/Other Implemented: ORS 687.031 History: 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
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 (c) Suspension of a failing score and opportunity for the applicant to retake the practical examination. 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 History: 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
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. Statutory/Other Authority: ORS 687 & SB 454 Statutes/Other Implemented: ORS 687.031 History: 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
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. Statutory/Other Authority: ORS 687 Statutes/Other Implemented: ORS 687.121 History: BMT 1-2022, amend filed 05/20/2022, effective 07/01/2022 BMT 1-2012, f. 6-19-12, cert. ef. 7-1-12
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: (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 internal cavity 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); (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. Statutory/Other Authority: ORS 687 Statutes/Other Implemented: ORS 687.121 History: 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
334-010-0033 Fees (1) The fees are: (a) $270 for initial license; (b) $135 for initial license under 12 months; (c) $270 for a temporary license per ORS 676.308; (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. 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 History: 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
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 approved by 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 must contain, but not be limited to: (a) A completed Board application; (b) Verification of content meeting the Model Curriculum; (c) Course descriptions and syllabi; (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 must renew 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, must be heard by the Board pursuant to ORS 183.411 to 183.497. Statutory/Other Authority: ORS 687.121 Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121 History: 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
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; (c) Physiology; (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; (C) Mechanical assistance devices and appliances; (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 (c) Locating muscle attachments and bellies; 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 (C) Application and modification of the treatment plan as needed; (b) Using effective verbal and non-verbal interpersonal communication; (c) Tracking the client’s non-verbal communication and adjusting treatment plan as indicated; (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. Statutory/Other Authority: ORS 687.121 Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121 History: BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09 BMT 2-1998, f. & cert. ef. 7-22-98
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 (c) Be cleaned between each use. (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 (c) Dispensed in a manner that prevents cross-contamination between clients. (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. Statutory/Other Authority: ORS 687.121 Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121 History: 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
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; (c) Laundered in a manner that eliminates the risk of spreading parasites, communicable diseases and infections; and (d) Laundered in a manner that removes all residue of topical preparations. Statutory/Other Authority: ORS 687.121 Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121 History: 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