OR Massage Law flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

ORS chapter 687

Oregon statutes governing massage therapy licensure, scope, and discipline; enforced by the Oregon Board of Massage Therapists.

Massage scope definition

Manual manipulation of soft tissue for therapeutic purposes, including pressure, friction, kneading, and stretching within the therapist's training.

Prohibited sexual conduct

Any sexual contact or conduct intended to arouse or gratify sexual desire during massage is prohibited regardless of client consent.

Board composition

Members appointed by the Governor and confirmed by the Senate, including licensed massage therapists and public members representing consumers.

Board rulemaking authority

The Board adopts administrative rules in OAR chapter 334 through public notice and comment under the Administrative Procedures Act.

Board disciplinary authority

The Board may issue, renew, suspend, revoke, or condition licenses and impose civil penalties after investigation and hearing.

Standard licensure requirements

Approved education, passing a Board-recognized exam, background check, fee payment, and disclosure of prior licenses and discipline.

Criminal history review

The Board may deny licensure for convictions only when directly related to massage practice or client safety, consistent with fair-chance law.

Licensure by endorsement

A pathway allowing out-of-state licensees to obtain an Oregon license when their education and exam standards are substantially equivalent.

Out-of-state practice rule

Practicing massage in Oregon on another state's license without an Oregon license is unlicensed practice unless a specific exemption applies.

Continuing education requirement

Licensees must complete Board-specified CE hours, including ethics and infection control, and retain certificates for audit.

Lapsed license practice

Practicing after a license expires without renewal is unlicensed practice and grounds for discipline even if renewal follows.

Inactive license status

A non-practicing status available by rule; inactive licensees may not provide massage and must meet reactivation requirements.

Complaint investigation

The Board screens complaints, investigates, may subpoena records, and issues a notice of intent or formal complaint if probable cause exists.

Contested case hearing

A licensee facing discipline is entitled to notice and an administrative hearing under ORS chapter 183 before sanctions are imposed.

Disciplinary sanctions

Available sanctions include reprimand, probation, suspension, revocation, civil penalties, and required remedial education or treatment.

Informed consent elements

Consent obtained before treatment covering the nature of massage, benefits, risks, alternatives, and the right to refuse or stop.

Client record retention

Records must be accurate, confidential, and retained for the period set by Board rule; clients generally may access their records.

Confidentiality exception

Disclosure of client health information is permitted with authorization or when required by law, such as court order or mandated reporting.

Boundary violations

Dual relationships, exploitation, and any conduct that sexualizes the therapeutic relationship are prohibited and subject to discipline.

Mandatory child abuse reporting

Oregon law requires therapists to report suspected child abuse promptly to designated authorities, overriding ordinary confidentiality.

Mandatory elder abuse reporting

Suspected abuse of elderly or disabled adults must be reported to designated agencies under ORS chapter 124.

Hand hygiene standard

Therapists must wash hands before and after each client contact and follow standard precautions for all clients.

Linen and surface hygiene

Clean linens are required for each client, and tables and equipment must be cleaned and disinfected between clients.

Communicable disease duty

Therapists with communicable conditions must follow Oregon Health Authority guidance, which may require exclusion from practice.

Truthful advertising

Ads must not misrepresent credentials, certifications, or outcomes; unlicensed persons may not advertise massage services.

Unlicensed practice

Practicing without a license, using another's license, or aiding unlicensed practice may result in civil penalties and criminal referral.

Fee disclosure

The Board does not set prices, but therapists must disclose fees and avoid deceptive billing or insurance fraud.

School approval

Massage programs must be Board-approved and meet minimum curriculum hours to count toward licensure eligibility.

Instructor qualifications

Instructors must hold licensure and experience meeting Board rule requirements to teach in approved programs.

Workers' compensation role

Massage therapists may provide authorized treatment for compensable conditions under Oregon workers' compensation rules and fee schedules.

Unlawful trade practices

ORS chapter 646 prohibits deceptive massage advertising and allows enforcement by the Attorney General and private remedies.