Oregon Administrative Rules › Chapter 334 - BOARD OF MASSAGE THERAPISTS › Division 40 - COMPLAINTS AND DISCIPLINE › Section 334-040-0010 - Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
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			 massage when the license has been revoked or suspended, lapsed or inactive;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,
(c) Failure to respond
			 to subpoenas issued by the Board whether or not the recipient is accused in the
			 proceeding;