Oregon Administrative Rules Chapter 334 - BOARD OF MASSAGE THERAPISTS
🌟 Overview of Chapter 334
OAR Chapter 334 regulates massage therapists in Oregon, covering:
Licensing Requirements – Who can be a licensed massage therapist, renewal rules, and continuing education.
Professional Conduct & Ethics – Standards for safe, ethical practice.
Scope of Practice – What massage therapists may and may not do.
Sanitation & Safety Rules – Requirements for massage facilities.
Complaints & Discipline – How complaints are investigated, hearings held, and penalties applied.
The Board can investigate complaints, hold hearings, and impose discipline including fines, license suspension, probation, or revocation.
🧑‍⚖️ Cases Illustrating Chapter 334 in Action
1. Undue Influence / Financial Exploitation Case
Scenario:
A massage therapist sold prepaid massage packages labeled “non-refundable.” A client later requested a refund, claiming the therapist pressured them to buy extra sessions. The Board claimed this violated the rule against exploiting clients financially.
Board Action:
The therapist was initially fined and ordered to pay costs.
Outcome:
Upon review, it was determined that simply refusing a refund for a non-refundable package did not necessarily constitute exploitation. The Board needed a formal hearing to examine evidence.
Lesson:
Rules against undue influence require clear evidence of exploitation, not just business disputes.
2. Prior Disciplinary Action Affecting Licensing
Scenario:
An applicant previously disciplined for practicing without a license applied for a massage license. The Board denied the application based on past violations.
Board Action:
The Board evaluated the applicant’s history and confirmed that past violations were relevant for determining current fitness to practice.
Outcome:
The denial was upheld because the applicant had not demonstrated rehabilitation and the Board followed proper procedural steps.
Lesson:
Past violations can impact licensing decisions. Applicants must disclose all prior discipline, and confidentiality of investigative records is protected.
3. Practicing Without a License
Scenario:
An individual advertised massage therapy services without an Oregon license, providing massages at a local clinic.
Board Action:
The Board issued a cease-and-desist order and imposed a civil penalty. The individual was barred from obtaining a license until compliance was demonstrated.
Lesson:
Practicing without a license is a direct violation of Chapter 334 and can result in fines, public records of discipline, and denial of future licensure.
4. Sexual Misconduct / Professional Misconduct
Scenario:
A licensed therapist was accused of inappropriate sexual contact with a client.
Board Action:
The Board conducted an investigation and held a hearing. The therapist’s license was suspended pending further review.
Lesson:
Chapter 334 covers not only technical skill but also ethical conduct. Sexual misconduct is a serious violation and grounds for suspension or revocation.
5. Misleading Advertising
Scenario:
A massage provider advertised services as “therapeutic massage” while lacking a valid license.
Board Action:
The Board ordered the individual to stop advertising massage services and imposed a fine.
Lesson:
Advertising massage services without a license or in a misleading way is prohibited. This protects consumers from false claims.
6. Scope of Practice Violation
Scenario:
A therapist used techniques outside the defined scope of massage therapy, such as providing chiropractic adjustments.
Board Action:
The Board issued a warning and required remedial education. Repeat violations could lead to license suspension.
Lesson:
Therapists must adhere to the legally defined scope of practice. Deviating from it can trigger disciplinary action.
đź“Ś Key Takeaways
| Issue | What Chapter 334 Says | Outcome in Cases |
|---|---|---|
| Undue influence | Cannot exploit clients financially | Requires hearing to determine facts |
| Prior violations | Must disclose; affects licensing | Can justify denial of application |
| Unlicensed practice | Illegal to provide services without license | Cease-and-desist, fines, potential future denial |
| Sexual/professional misconduct | Strict ethical standards | Suspension or revocation |
| Misleading advertising | Cannot misrepresent services or qualifications | Fines, correction orders |
| Scope of practice | Must follow legal boundaries | Warnings, remedial education, or suspension |
In short, Chapter 334 protects public safety, enforces ethical practice, and regulates massage therapy scope. The cases show that enforcement covers financial ethics, licensure, unlicensed practice, misconduct, advertising, and scope violations.
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