2011 ORS § 687.081¹
Grounds for denial, suspension or revocation of license or refusal to renew license
  • probation
  • civil penalties
  • complaint investigation

(1) The State Board of Massage Therapists may discipline a licensee, deny, suspend, revoke or refuse to renew a license, issue a reprimand, censure a licensee or place a licensee on probation if the licensee:

(a) Has violated any provision of ORS 687.011 (Definitions) to 687.250 (Enforcement), 687.895 (Procedure for civil penalties) and 687.991 (Criminal penalties) or any rule of the board adopted under ORS 687.121 (Rules).

(b) Has made any false representation or statement to the board in order to induce or prevent action by the board.

(c) Has a physical or mental condition that makes the licensee unable to conduct safely the practice of massage.

(d) Is habitually intemperate in the use of alcoholic beverages or is addicted to the use of habit-forming drugs or controlled substances.

(e) Has misrepresented to any patron any services rendered.

(f) Has been convicted of a crime that bears a demonstrable relationship to the practice of massage.

(g) Fails to meet with any requirement under ORS 687.051 (Qualifications of applicants).

(h) Violates any provision of ORS 167.002 (Definitions for ORS 167.002 to 167.027) to 167.027 (Evidence required to show place of prostitution).

(i) Engages in unprofessional or dishonorable conduct.

(j) Has been the subject of disciplinary action as a massage therapist by 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 (Definitions) to 687.250 (Enforcement), 687.895 (Procedure for civil penalties) and 687.991 (Criminal penalties) or rules of the board if it occurred in this state.

(2) If the board places a licensee on probation pursuant to subsection (1) of this section, the board may impose and at any time modify the following conditions of probation:

(a) Limitation on the allowed scope of practice.

(b) Referral to the impaired health professional program established under ORS 676.190 (Establishment of program).

(c) Individual or peer supervision.

(d) Such other conditions as the board may consider necessary for the protection of the public and the rehabilitation of the licensee.

(3) If the board determines that a licensees continued practice constitutes a serious danger to the public, the board may impose an emergency suspension of the license without a hearing. Simultaneous with the order of suspension, the board shall institute proceedings for a hearing as provided under ORS 687.011 (Definitions) to 687.250 (Enforcement), 687.895 (Procedure for civil penalties) and 687.991 (Criminal penalties). The suspension shall continue unless and until the licensee obtains injunctive relief from a court of competent jurisdiction or the board determines that the suspension is no longer necessary for the protection of the public.

(4) In addition to the discipline described in subsection (1) of this section, the board may impose a civil penalty as provided under ORS 687.250 (Enforcement). Civil penalties under this subsection shall be imposed pursuant to ORS 183.745 (Civil penalty procedures).

(5) Prior to imposing any of the sanctions authorized under this section, the board shall consider, but is not limited to, the following factors:

(a) The persons past history in observing the provisions of ORS 687.011 (Definitions) to 687.250 (Enforcement), 687.895 (Procedure for civil penalties) and 687.991 (Criminal penalties) and the rules adopted pursuant thereto;

(b) The effect of the violation on public safety and welfare;

(c) The degree to which the action subject to sanction violates professional ethics and standards of practice;

(d) The economic and financial condition of the person subject to sanction; and

(e) Any mitigating factors that the board may choose to consider.

(6) In addition to the sanctions authorized by this section, the board may assess against a licensee the costs associated with the disciplinary action taken against the licensee.

(7) The board shall adopt a code of ethical standards for practitioners of massage and shall take appropriate measures to ensure that all applicants and practitioners of massage are aware of those standards.

(8) Upon receipt of a complaint under ORS 687.011 (Definitions) to 687.250 (Enforcement), 687.895 (Procedure for civil penalties) and 687.991 (Criminal penalties), the board shall conduct an investigation as described under ORS 676.165 (Complaint investigation).

(9) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175 (Complaints and investigations confidential). [1955 c.492 §9; 1977 c.507 §10; 1979 c.89 §7; 1979 c.744 §58; 1985 c.82 §9; 1989 c.841 §8; 1997 c.627 §§1,1a; 1997 c.791 §42a; 1999 c.537 §14; 2009 c.697 §10]