Bill Text: OR SB454 | 2011 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the regulation of massage therapy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-05-16 - Effective date, January 1, 2012. [SB454 Detail]

Download: Oregon-2011-SB454-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1856

                           A-Engrossed

                         Senate Bill 454
                  Ordered by the Senate April 1
            Including Senate Amendments dated April 1

Sponsored by Senator JOHNSON (at the request of Pratiti
  Fullerton) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Exempts certain practitioners from regulation by State Board of
Massage Therapists.  { + Modifies requirements for licensure of
massage therapists. + }

                        A BILL FOR AN ACT
Relating to the regulation of massage therapy; amending ORS
  687.031 and 687.051.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 687.031 is amended to read:
  687.031. (1) ORS 687.011 to 687.250, 687.895 and 687.991 do not
apply to:
  (a) Persons licensed under any other law of this state to do
any acts included in the definition of massage in ORS 687.011 or
persons working under the direction of any such person.
  (b) Trainers of any amateur, semiprofessional or professional
athlete or athletic team.
  (c) Massage practiced at the athletic department of any
institution maintained by public funds of the state or of any of
its political subdivisions.
  (d) Massage practiced at the athletic department of any school
or college.
  (e) Massage clinics operated as part of a certified class for
the purpose of student training supervised by an approved
instructor or preceptor if:
  (A) Any charge for the massage does not exceed the cost
incurred in providing the massage; and
  (B) The student is not compensated.
  (f) Students enrolled in a certified class when practicing
massage techniques in a nonclinical setting, at or away from
massage school premises or program sites, under the supervision
of an approved instructor or preceptor, if:
  (A) The student is clearly identified as a student to any
member of the public receiving massage services; and
  (B) The student is not compensated.
  (g) Nonresident practitioners holding a valid license, permit,
certificate or registration issued by any other state or
territory of the United States or by a foreign country and
temporarily practicing massage in this state for a period not
exceeding 30 days for the purpose of:
  (A) Presenting educational or clinical programs, lectures,
seminars or workshops;
  (B) Furnishing massage services during an emergency as part of
a disaster response team; or
  (C) Consulting with a massage therapist licensed in this state
regarding massage practices or services.
  (h) Trained or licensed practitioners of psychotherapy or
counseling modalities that use physical techniques to access or
support psychotherapeutic processes when practicing within the
scope of a license or if the practitioner has an express oral or
written agreement that the sole intent in using the physical
techniques is to render the psychotherapy or counseling.
  (i) Practitioners of reflexology who do not claim expressly or
implicitly to be massage therapists and who limit their work to
the practice of reflexology through the application of pressure
with the thumbs to reflex points on the feet, hands and ears for
the purpose of bringing the body into balance, thereby promoting
the well-being of clients.
   { +  (j) Practitioners who:
  (A) Do not claim expressly or implicitly to be massage
therapists;
  (B) Limit their work to one or more of the following practices:
  (i) Using touch, words and directed movement to deepen
awareness of existing patterns of movement and suggest new
possibilities of movement;
  (ii) Using minimal touch over specific points on the body to
facilitate balance in the nervous system; or
  (iii) Using touch to affect the energy systems or channels of
energy of the body;
  (C) Are certified by a professional organization or
credentialing agency that:
  (i) Requires a minimum level of training, demonstration of
competence and adherence to an approved scope of practice and
ethical standards; and
  (ii) Maintains disciplinary procedures to ensure adherence to
the requirements of the organization or agency; and
  (D) Provide contact information in the practitioner's place of
business for any organization or agency that has certified the
practitioner.
  (2) The State Board of Massage Therapists has the authority to
verify that a practitioner claiming to be exempt from application
of ORS 687.011 to 687.250, 687.895 and 687.991 under subsection
(1)(j) of this section is certified by a professional
organization or credentialing agency as required by subsection
(1)(j)(C) of this subsection. + }
    { - (2) - }   { + (3) + } A nonresident practitioner
performing massage under subsection (1)(g) of this section must
obtain a temporary practice permit if practicing in this state
for a total of more than 30 days in a calendar year. Applications
 { - shall - }   { + must + } be accompanied by the application
fee provided for in ORS 687.071. A temporary practice permit
shall allow the nonresident practitioner to practice massage in
this state for a maximum of 180 days in a calendar year.
  SECTION 2. ORS 687.051 is amended to read:
  687.051. (1) To be eligible for issuance of an initial license
in this state as a massage therapist, the applicant shall:
  (a) Furnish the State Board of Massage Therapists with personal
references required by rule of the board.
  (b) Have attained the age of 18 years.
  (c) Furnish the board with educational certificates or
transcripts required by law or rule of the board including but
not limited to proof of certification in cardiopulmonary
resuscitation

  { - and the subjects listed in paragraph (d) of this
subsection - } .
  (d) { + (A) + } Have completed a minimum of 500 contact hours
of certified classes in the following subjects:
   { +  (i) + } Anatomy and physiology  { - , - }  { + ;
  (ii) + } Kinesiology  { - , - }  { + ;
  (iii) + } Pathology  { - , hydrotherapy, - }  { + ;
  (iv) + } Theory { + ; + } and
   { +  (v) + } Hands-on practice of massage and bodywork
techniques and professional practices, including client
communication and boundaries, professional and business ethics
and sanitation  { - . The board by rule may set the minimum
number of required hours for each subject. - }  { + ; or
  (B) Obtain the approval of the board after the board performs a
credentialing review, including but not limited to a review of
the classes completed by the applicant and the applicant's
professional experience, to determine the applicant's proficiency
in the field of massage. + }
  (e) Pass an examination prepared and conducted by the board or
its authorized representative establishing competency and ability
to engage in the practice of massage. The examination must be
administered in the English language or another language approved
by the board and may be in written, oral or practical form and
may test the applicant for the required level of knowledge and
skill in any subject related to massage and bodywork. The board
shall accept passage of the National Certification Board for
Therapeutic Massage and Bodywork examination or another
board-approved national standardized examination as meeting the
written examination requirement contained in this paragraph.
  (f) Submit the application with payment for licensing within
one year after notification of having passed the qualifying
examination.
  (2) An applicant must be a person of good moral character.  For
purposes of this section, the lack of good moral character may be
established by reference to acts or conduct reflecting moral
turpitude or to acts or conduct that would cause a reasonable
person to have substantial doubts about the applicant's ability
to practice massage in accordance with ORS 687.011 to 687.250,
687.895 and 687.991 and rules of the board.
  (3) The board may require that an applicant furnish evidence
satisfactory to the board that the applicant can safely and
competently practice the profession of massage. The board may
consider evidence including, but not limited to, indications of
impairment as defined in ORS 676.303 or of behavior, practices or
conduct that would be considered unprofessional or dishonorable
conduct if engaged in by a person licensed under ORS 687.011 to
687.250, 687.895 and 687.991.
   { +  (4) The board shall adopt rules establishing the required
hours for each subject listed in subsection (1)(d)(A) of this
section. + }
    { - (4) - }   { + (5) + } To be eligible for biennial
renewal, a renewal applicant shall submit evidence to the board,
as determined by the board by rule, that the applicant has
completed a minimum of 12 hours of board-approved continuing
education.
    { - (5) - }   { + (6) + } To be eligible for inactive status,
a licensed massage therapist must not be practicing massage in
this state.
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