Oregon Administrative Code

334-001-0020 Contracting and Procurement (1) It is the policy of the Board to conduct its procurement efforts to ensure a process that promotes fairness, integrity, security, and honesty to maximize revenue and achieve the best value for the Board. (2) These rules are used to sim…

334-001-0025 Application of the Board’s Procurement Rules; Exceptions (1) General: It is the policy of the Board to maximize the net revenues of the Board and to conduct its contracting affairs in an open, competitive manner. (2) Exceptions: The Board may enter into the following…

334-001-0028 Procurement Authority (1) General: The Executive Director is authorized to initiate procurements and enter into Contracts and Contract amendments for Goods and Services that are used in the normal day to day operations of the Oregon Board of Massage Therapists and in…

334-001-0032 Source Selection (1) General: Either the Board or the Executive Director must Award Contracts for Goods or Services by one of the source selection methods in this rule. Except as provided in section (2), (5) and (6) of this rule, the Board will generally conduct a co…

334-001-0036 Contract Amendments (1) Additional Goods or Services: The Board may amend a Contract without additional competition to add additional Goods or Services within the Scope of the Solicitation Document, or if no Solicitation Document, the Contract, subject to the followi…

334-001-0045 Personnel Policies The Oregon Board of Massage Therapists hereby adopts its own personnel policies which are controlling. Statutory/Other Authority: ORS 182.456 - 182.472 Statutes/Other Implemented: ORS 182.456 - 182.472 History: BMT 1-2009, f. 2-13-09, cert. ef. 3-1…

334-001-0055 Board Member Stipend (1) The Oregon Board of Massage Therapists hereby adopts a board member stipend of up to $155 or the current Oregon legislative per diem stipend each day or portion thereof during which the board member is actually engaged in the performance of o…

334-001-0060 Definitions (1) "Advantageous" means in the Board’s best interests, as assessed according to the judgment of the Board. (2) "Award" means either the act or occurrence of the Board's identification of the Person with whom the Board will enter into a Contract. (3) "Bar…

334-010-0005 Applications (1) All applications for licensure, temporary license for military spouse or domestic partner, inactive status, renewal, temporary permit, or a facility permit must be made on forms provided by the Board. Only applications that are completed and on Board…

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…

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 juris…

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 cred…

334-010-0010 Practical Exam for Indorsement (1) The examination must be held at least twice annually or as requested. (2) The applicant will be notified by electronic mail and/or U.S. mail at least two weeks before the scheduled exam, unless otherwise waived by the applicant, of …

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 …

334-010-0015 Licensure (1) An applicant for licensure or renewal of a license must complete, in its entirety, an original application furnished by the Board. (2) An applicant for an initial license and all lapsed and inactive licensees applying for reactivation must submit a comp…

334-010-0017 Lapsed License (1) The massage therapist license is considered lapsed if an individual fails to complete the renewal process prior to the expiration of license. (2) During the lapsed status, no such person shall practice massage in the State of Oregon. (3) An applica…

334-010-0018 Criminal Background Checks, Fitness Determinations (1) The Board requires a criminal background check of all applicants for a massage therapist license to determine the professional fitness of an applicant. These must be provided on prescribed forms provided by the B…

334-010-0025 Practice of Massage (1) Massage treatment may include, but is not limited to: (a) Client intake and assessment; (b) Practice of massage or bodywork; (c) Post massage assessment and recommendation; and (d) Documentation. (2) Massage treatment does not include: (a) The…

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,…

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,…

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…

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 bienn…

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 jurisdic…

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) Kn…

334-010-0050 Continuing Education (1) The intent of Continuing Education is to protect the public by maintaining continued competency in the knowledge, skills, and abilities of massage or bodywork. Continued competence is the ongoing ability of a licensee to integrate and apply t…

334-020-0005 Facilities and Sanitation (1) Permanent and Mobile structures: (a) All permanent structures and mobile facilities where the practice of massage and bodywork is routinely conducted must: (A) Be established and maintained in accordance with all local, state and federal…

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 tabl…

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 clo…

334-020-0055 Communicable Disease Control (1) All therapists must always practice communicable disease prevention and control. (2) LMT’s are required to follow the communicable disease guidelines as adopted by the Board. (3) The Oregon Health Authority (OHA) has adopted certain r…

334-030-0001 Preamble and Fundamental Canon (1) In order to safeguard the health, safety and welfare of the citizens of Oregon and to establish and maintain a high standard of integrity and practice, the following Standards of Professional Conduct must be binding on every person …

334-030-0005 Standards and Objectives of Professional Conduct (1) Standard I: Responsibility -- the relationship between the LMT and the profession. The LMT must: (a) Acquire, maintain and improve professional knowledge and competence using scientific, clinical, technical, psycho…

334-040-0001 Complaints (1) Every licensee having information regarding a possible violation of the rules or statutes governing massage must cooperate with the Board in furnishing such information and must assist the Board, in order that appropriate investigative, corrective or d…

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) Practic…

335-001-0000 Notice of Proposed Rule In addition to such other rulemaking requirements established by law, the Board will also furnish notice of its intended rulemaking to: (1) Oregon Speech Language Hearing Association; (2) Oregon State Department of Education; (3) Oregon Medica…

335-001-0005 Model Rules of Procedure The Board adopts the Attorney General’s Model Rules, Oregon Administrative Rule Chapter 137, division one, division four and Oregon Administrative Rules 137-003-0501 to 137-003-0700. [ED. NOTE: The full text of the Attorney General’s Model Ru…

335-001-0007 Time for Requesting a Contested Case Hearing A request for a contested case hearing must be in writing and must be received by the Board within twenty-one days from the date the contested case notice was served. Statutory/Other Authority: ORS 681.420(5) Statutes/Othe…

335-001-0008 Requesting a Hearing; Stating Claims and Defenses (1) When requesting a hearing, or within fourteen (14) days following a request for hearing, the person responding to the notice must admit or deny, in writing, all factual matters stated in the notice. Any factual ma…

335-001-0009 Filing Exceptions and Argument to the Board A party adversely affected by a proposed order may file written exceptions and argument with the Board. To be considered by the Board, any exceptions and argument submitted by a party must be received by the Board within 21…

335-001-0011 Reconsideration and Rehearing — Contested Cases (1) A party may file a petition for reconsideration or rehearing of a final order in a contested case with the agency within 60 calendar days after the order is served. A copy of the petition shall also be delivered or …

335-001-0012 Board Compensation Compensation is set at $50. Statutory/Other Authority: ORS 681.410 & 292.495 Statutes/Other Implemented: ORS 681.410 History: SPA 3-2020, adopt filed 12/02/2020, effective 12/02/2020

335-005-0010 Definitions (1) Misrepresentation includes any untrue statements or statements that are likely to mislead. Misrepresentation also includes the failure to state any information that is material and that reasonably ought to be considered. (2) Unprofessional Conduct inc…

335-005-0015 Welfare of Clients (1) Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally. (2) Individuals shall provide all services competently. (3) Individuals shall use all appropriate resources, including referral whe…

335-005-0016 Tele-practice (1) Audiologists and speech-language pathologists who hold an Oregon license can provide telepractice services through telephonic, electronic, or other means, including diagnosis, consultation, treatment, transfer of health care information. Telepractic…

335-005-0020 Professional Competence (1) Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience. (2) Individuals shall continue their professional development …

335-005-0025 Accurate Representation (1) Individuals shall not misrepresent their credentials, competence, education, training, or experience. (2) Individuals shall not misrepresent the credentials of assistants and shall inform those they serve professionally of the name and pro…

335-005-0026 Determination of Fitness; State and Nationwide Criminal Background Checks (1) The purpose of these rules is to provide for the reasonable screening of applicants and licensees to determine if they have a history of criminal behavior such that they are not fit to be g…

335-005-0030 Statement to Prospective Hearing Aid Consumer; Contents; Copy Retained (1) Prior to consummation of the sale of a hearing aid, the audiologist shall provide to the consumer a written statement that shall include but not be limited to all of the following: (a) The nam…

335-005-0035 Right to Rescind Hearing Aid Purchase and Time Limit; Refund; Post Delivery Session (1) Any monies paid by or on behalf on the consumer toward the purchase of a hearing aid shall be refunded to the payer if the delivery of the hearing aid to the consumer is cancelled…

335-010-0050 Philosophy Speech-language pathology and audiology professionals in all positions and settings are responsible for maintaining ongoing and complete documentation of the clinical services they provide. Record keeping creates and maintains a record of events pertaining…

335-010-0060 Persons Responsible for Documentation (1) A licensed speech-language pathology or audiology professional must sign each clinical document or clinical entry with their name and professional title. An electronic record must have an electronic signature. Stamped identif…