Or. Admin. R. 334-040-0010 - Discipline
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massage when the license has been revoked or suspended, lapsed or inactive;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;
(20) Failing
to comply with an order issued by the Board;
(21) Failure to obtain the required permits
for facilities or in violation of OAR 334-010-0010.
(22) Failure to report to the Board
information that a licensee has engaged in prohibited or unprofessional conduct
as required in ORS
676.150.
(23) Misrepresentation or fraud in any aspect
of the profession, including but not limited to charging for unnecessary
services, charging for services not provided, failing to provide services that
are paid in full, or failure to comply with Oregon insurance billing laws and
rules.
(24) Splitting fees or
giving or receiving a commission in the referral of patients for
services.
(25) Unprofessional or
dishonorable conduct which includes but is not limited to:
(a) Any conduct involving inappropriate
physical contact or sexual misconduct which includes:
(A) Sexual abuse which is conduct which
constitutes a violation of any provision of ORS
163.305 through
163.465;
(B) Sexual violation which is sex
between the LMT and the client, whether initiated by the client or not,
engaging in any conduct with a client that is sexual, or may be reasonably
interpreted as sexual, including, but not limited to:
(i) Sexual intercourse;
(ii) Genital to genital contact;
(iii) Oral to genital contact; oral to anal
contact;
(iv) Oral to oral contact
except cardiopulmonary resuscitation; touching breasts or genitals or any
sexualized body part for any purpose other than appropriate examination or
treatment or where the client has refused or withdrawn consent; or
(v) Encouraging the client to masturbate in
the presence of the LMT or masturbation by the LMT while the client is present.
(C) Sexual impropriety
which is any behavior, gestures, or expressions that are seductive or sexually
demeaning to a client; inappropriate procedures, including, but not limited to,
(i) Disrobing or draping practices that
reflect a lack of respect for the client's privacy, deliberately watching a
client dress or undress instead of providing privacy for disrobing;
(ii) Subjecting a client to an examination in
the presence of students, assistants, or other parties without the explicit
consent of the client or when consent has been withdrawn;
(iii) An examination or touching of genitals;
(iv) Inappropriate comments about
or to the client, including but not limited to, making sexual comments about a
client's body or clothing, making sexualized or sexually-demeaning comments to
a client, comments on the client's or LMT's sexual orientation and making a
request to date;
(v) Initiation by
the LMT of conversation regarding the sexual problems, preferences or fantasies
of the LMT; or
(vi) Kissing.
(b) Violating
the client's rights of privacy, and confidentiality.
(c) photographing or filming the body or any
body part or pose of a client without consent.
(d) Failing to disclose or releasing
information about a client if required by law or on written consent of
client
(e) Intentionally harassing,
abusing, or intimidating a client either physically or verbally.
(f) Any conduct or practice which could
endanger the health or safety of a client or the public.
(g) Any conduct or practice that falls below
the standard of minimal competence within the profession that results in
unacceptable risk of harm to the client; regardless of whether injury
occurs.
(h) Any conduct or practice
which impairs the massage therapist's ability to safely and skillfully practice
massage. Employing illegal or unethical business practices including but not
limited to;
(A) Fraud, deceit or
misrepresentation in obtaining or attempting to obtain any fee or third party
reimbursement for services.
(B)
Taking advantage of a relationship with a client for the licensee's personal
advantage, including obtaining a benefit that is a personal, sexual, romantic
or financial. This includes the promotion or sale of services, goods, or
appliances in such a manner as to exploit the client for the financial gain or
self-gratification of the massage therapist.
(C) A Licensee shall bill clients or third
parties for only those services actually rendered or as agreed to by mutual
understanding at the beginning of services or as later modified by mutual
agreement. A Licensee must either honor a gift certificate or pre-paid package
or provide a full refund of unused services. A Licensee must comply with ORS
646A.276.
Notes
Statutory/Other Authority: ORS 687.081 & 687.121
Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.