2013 ORS § 687.081¹
Grounds for denial, suspension or revocation of, or refusal to renew, license or permit
  • probation
  • civil penalties
  • complaint investigation

(1) The State Board of Massage Therapists may discipline a person, deny, suspend, revoke or refuse to renew a license to practice massage or a permit to operate a massage facility and issue a reprimand to or censure or place on probation a licensee or permittee, if the person:

(a) Has violated a 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 a false representation or statement to the board in order to induce or prevent action by the board.

(c) Is licensed under ORS 687.051 (Qualifications of applicants) or holds a permit under ORS 687.059 (Massage facilities) and has a physical or mental condition that makes the licensee or permittee unable to conduct safely the practice of massage or operation of a massage facility.

(d) Is licensed under ORS 687.051 (Qualifications of applicants) or holds a permit under ORS 687.059 (Massage facilities) and 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 a patron services rendered.

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

(g) Whether licensed to practice massage or applying for a license to practice massage, fails to meet a requirement under ORS 687.051 (Qualifications of applicants).

(h) Whether permitted to operate a massage facility or applying for a permit to operate a massage facility, fails to meet a requirement under ORS 687.059 (Massage facilities).

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

(j) Engages in unprofessional or dishonorable conduct.

(k) Has been the subject of disciplinary action as a massage therapist or operator of a massage facility by another 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) or 687.991 (Criminal penalties) or the rules of the board if the cause of the disciplinary action had occurred in this state.

(2) If the board places a licensee or permittee 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 scope of the practice of massage or the operation of a massage facility.

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

(c) Individual or peer supervision.

(d) Any other condition that the board considers necessary for the protection of the public or the rehabilitation of the licensee or permittee.

(3) If the board determines that the continued practice of massage by a licensee or the continued operation of a massage facility by a permittee constitutes a serious danger to the public, the board may impose an emergency suspension of the license or permit 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 or permittee 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 or instead of the discipline described in subsection (1) of this section, the board may impose a civil penalty 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 a sanction authorized under this section, the board shall consider, but is not limited to considering, 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 of the board;

(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 person the reasonable costs of a disciplinary action taken against the person.

(7) The board shall adopt a code of ethical standards for massage therapists and shall take appropriate measures to ensure that all applicants and massage therapists 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 the conduct of a person or as part of a contested case proceeding, consent order or stipulated agreement involving the conduct of a person 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; 2013 c.409 §7]