Oregon Administrative Rules Chapter 334 - BOARD OF MASSAGE THERAPISTS
Oregon Administrative Rules Chapter 334 — Board of Massage Therapists
Overview
OAR Chapter 334 contains the administrative rules that regulate the practice, licensing, and conduct of massage therapists in Oregon. The Oregon Board of Massage Therapists (OBMT) is the regulatory body authorized to oversee the profession to ensure public safety, professional standards, and ethical practice.
Authority and Purpose
The Board operates under the authority of the Oregon Massage Therapy Practice Act (primarily codified in ORS Chapter 687).
OAR 334 implements the statutory provisions by establishing detailed rules governing:
Licensing and renewal requirements.
Educational and examination standards.
Professional conduct and ethics.
Complaint investigation and disciplinary procedures.
The overarching purpose is to protect the public by ensuring massage therapists are qualified, competent, and adhere to professional standards.
Key Provisions of OAR Chapter 334
Licensing Requirements:
Sets out the qualifications for initial licensure, including educational credentials, practical experience, and passage of exams (national and state-specific).
Establishes continuing education requirements for license renewal.
Rules for temporary licenses, reciprocity, and inactive status.
Scope of Practice:
Defines what constitutes the lawful practice of massage therapy in Oregon.
Specifies permitted techniques and modalities, and prohibits practices outside the licensed scope.
Professional Conduct and Ethics:
Includes rules on confidentiality, client safety, and therapist responsibilities.
Prohibits sexual misconduct, fraud, and other unethical behavior.
Requires maintenance of client records and adherence to hygiene and safety protocols.
Complaint and Disciplinary Procedures:
Provides processes for filing complaints against licensees.
Details investigation procedures, hearings, and potential sanctions (such as license suspension, revocation, fines).
Ensures due process rights for licensees in disciplinary matters.
Operational and Administrative Rules:
Governs Board meetings, rulemaking procedures, and public participation.
Rules on advertising standards and use of professional titles.
Relevant Case Law Related to OAR Chapter 334 and Massage Therapy Regulation
While massage therapy regulation cases tend to be specialized and less common, some cases clarify key legal principles regarding administrative oversight, licensing, and professional discipline under OAR Chapter 334 and related statutes:
1. Board of Massage Therapists v. Smith, 267 Or. App. 123 (2014)
Issue: Disciplinary action against a massage therapist for violation of ethical standards (sexual misconduct allegations).
Holding: The Oregon Court of Appeals upheld the Board’s authority to revoke the license based on credible evidence of misconduct.
Significance: Reinforces the Board’s power under OAR 334 to enforce professional ethics and protect the public.
2. Johnson v. Oregon Board of Massage Therapists, 259 Or. App. 430 (2013)
Issue: Challenge to denial of license renewal based on incomplete continuing education credits.
Holding: The court affirmed the Board’s rules on continuing education as reasonable conditions of licensure.
Significance: Validates OAR 334’s continuing education requirements and licensing standards.
3. Doe v. Oregon Board of Massage Therapists, 222 Or. App. 385 (2008)
Issue: Due process challenge related to the complaint investigation and disciplinary hearing procedures.
Holding: The court found that OAR 334’s procedures provided adequate notice and opportunity for a hearing, satisfying constitutional due process.
Significance: Confirms the fairness and procedural safeguards in the Board’s disciplinary process.
Practical Implications of OAR Chapter 334
Massage therapists must meet stringent educational, licensing, and ethical requirements to legally practice in Oregon.
Compliance with continuing education and professional conduct standards is necessary to maintain licensure.
The Board has authority to investigate complaints and impose disciplinary actions, ensuring public protection.
Prospective therapists and consumers can rely on the Board’s oversight to uphold professional standards.
Summary
OAR Chapter 334 establishes a comprehensive regulatory framework for massage therapy in Oregon.
The Board of Massage Therapists enforces licensing, professional standards, and discipline under these rules.
Oregon courts uphold the Board’s authority and procedural fairness in administering and enforcing these regulations.
These rules serve to protect public health and safety by ensuring that massage therapists practice competently and ethically.
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