Chapter 537 Oregon Laws 1999

Session Law

AN ACT

SB 411

Relating to massage technicians; creating new provisions; and amending ORS 18.550, 192.525, 419B.050, 676.160, 687.011, 687.021, 687.031, 687.041, 687.051, 687.057, 687.061, 687.071, 687.075, 687.081, 687.086, 687.115, 687.121, 687.122, 687.123 and 687.890.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 18.550 is amended to read:

18.550. Punitive damages shall not be awarded against a health practitioner if:

(1) The health practitioner is licensed, registered or certified as:

(a) A psychologist under ORS 675.030 to 675.070, 657.085 and 675.090;

(b) An occupational therapist under ORS 675.230 to 675.300;

(d) A physician under ORS 677.100 to 677.228;

(e) An emergency medical technician under ORS chapter 682;

(f) A podiatric physician and surgeon under ORS 677.820 to 677.840;

(g) A nurse under ORS 678.040 to 678.101;

(h) A nurse practitioner under ORS 678.375 to 678.390;

(i) A dentist under ORS 679.060 to 679.180;

(j) A dental hygienist under ORS 680.040 to 680.100;

(k) A denturist under ORS 680.515 to 680.535;

(L) An audiologist or speech-language pathologist under ORS 681.250 to 681.350;

(m) An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220;

(n) A chiropractor under ORS 684.040 to 684.105;

(o) A naturopath under ORS 685.060 to 685.110, 685.125 and 685.135;

(p) A massage [technician] therapist under ORS 687.021 to 687.086;

(q) A physical therapist under ORS 688.040 to 688.145;

(r) A radiologic technician under ORS 688.445 to 688.525; or

(s) A pharmacist under ORS 689.151 and 689.225 to 689.285; and

(2) The health practitioner was engaged in conduct regulated by the license, registration or certificate issued by the appropriate governing body and was acting within the scope of practice for which the license, registration or certificate was issued and without malice.

SECTION 2. ORS 192.525 is amended to read:

192.525. (1) The Legislative Assembly declares that it is the policy of the State of Oregon to protect both the right of an individual to have the medical history of the individual protected from disclosure to persons other than the health care provider and insurer of the individual who needs such information, and the right of an individual to review the medical records of that individual. It is recognized that both rights may be limited, but only to benefit the patient. These rights of confidentiality and full access must be protected by private and public institutions providing health care services and by private practitioners of the healing arts. The State of Oregon commits itself to fulfilling the objectives of this public policy for public providers of health care. Private practitioners of the healing arts and private institutions providing health care services are encouraged to adopt voluntary guidelines that will grant health care recipients access to their own medical records while preserving those records from unnecessary disclosure.

(2) Except as otherwise provided by law, a health care provider must disclose a patient's medical records after receiving a written release authorization that directs the health care provider to produce the patient's medical records. If the patient is able to give consent to the release, the authorization must be signed by the patient. If the patient is not able to give consent to the release, the authorization must be signed by a person authorized by law to obtain the medical records sought under the authorization.

(3) A written release authorization under this section must be in substantially the following form:

___________________________________________________________________

AUTHORIZATION TO DISCLOSE

MEDICAL RECORDS

This authorization must be written, dated and signed by the patient or by a person authorized by law to give authorization.

I authorize ________________ (name of hospital/health care provider) to release a copy of the medical information for ___________ (name of patient) to ___________ (name and address of recipient).

The information will be used on my behalf for the following purpose(s):

___________________________________________________________________

By initialing the spaces below, I specifically authorize the release of the following medical records, if such records exist:

__ All hospital records (including nursing

records and progress notes)

__ Transcribed hospital reports

__ Medical records needed for continuity

of care

__ Most recent five year history

__ Laboratory reports

__ Pathology reports

__ Diagnostic imaging reports

__ Clinician office chart notes

__ Dental records

__ Physical therapy records

__ Emergency and urgency care records

__ Billing statements

__ Other

________________________________

__ Please send the entire medical record (all

information) to the above named recipient.

The recipient understands this record may

be voluminous and agrees to pay all

reasonable charges associated with

providing this record.

__ *HIV/AIDS-related records

__ *Mental health information

__ *Genetic testing information

*Must be initialed to be included in other

documents.

__**Drug/alcohol diagnosis, treatment

or referral information:

_________________________________

**Federal Regulation, 42 CFR Part 2, requires

a description of how much and what kind of

information is to be disclosed.

__ This authorization is limited to the

following treatment:

________________

__ This authorization is limited to the

following time period:

________________

__ This authorization is limited to a workers'

compensation claim for injuries of

_______ (date).

This authorization may be revoked at any time. The only exception is when action has been taken in reliance on the authorization. Unless revoked earlier, this consent will expire 180 days from the date of signing or shall remain in effect for the period reasonably needed to complete the request.

_________ ___________________

(Date) (Signature of patient)

_________ ___________________

(Date) (Signature of person

authorized by law)

___________________________________________________________________

(4) A health care provider may withhold another health care provider's medical record after receiving a written release authorization in the form provided for in subsection (3) of this section. If a health care provider withholds any medical record for any reason after receiving a written release authorization in the form provided for in subsection (3) of this section, the withheld medical record must be identified by the health care provider in the response to the release authorization by disclosing the author of the medical record and the date of the medical record.

(5) Notwithstanding subsection (2) of this section, if, in the professional judgment of a physician licensed under ORS chapter 677 or in the professional judgment of a licensed mental health care provider, the disclosure of a medical record or any part of a medical record would be injurious to a patient, the health care provider may withhold a medical record or provide an accurate and representative summary of the factual information contained in the medical record. A health care provider must give notice if a medical record is withheld or a summary is provided under this subsection in the response to the release authorization.

(6) A health care provider may charge a reasonable fee for responding to a release authorization under this section.

(7) A patient may not maintain an action for damages against a health care provider for disclosures made by the health care provider in good faith reliance on a properly executed written release authorization as provided for in this section.

(8) For the purposes of this section, "medical records" includes chart notes, reports, laboratory reports, correspondence, transcribed records, patient questionnaires and any other record concerning the patient's care, diagnosis or treatment. "Medical records" does not include personal office notes of the health care provider that do not concern the patient's care, diagnosis or treatment.

(9) For the purposes of this section, "health care provider" means a person licensed by one of the following agencies, or any employee of a person licensed by one of the following agencies:

(a) State Board of Examiners for Speech-Language Pathology and Audiology;

(b) State Board of Chiropractic Examiners;

(d) Oregon Board of Licensed Professional Counselors and Therapists;

(e) Oregon Board of Dentistry;

(f) State Board of Denture Technology;

(g) Board of Examiners of Licensed Dietitians;

(h) State Board of Massage [Technicians] Therapists;

(i) State Mortuary and Cemetery Board;

(j) Board of Naturopathic Examiners;

(k) Oregon State Board of Nursing;

(L) Board of Examiners of Nursing Home Administrators;

(m) Oregon Board of Optometry;

(n) State Board of Pharmacy;

(o) Board of Medical Examiners;

(p) Occupational Therapy Licensing Board;

(q) Physical Therapist Licensing Board;

(r) State Board of Psychologist Examiners; or

(s) Board of Radiologic Technology.

(10) For the purposes of this section, "health care provider" includes a health care facility described in ORS 442.015 (14) and emergency medical technicians certified by the Health Division.

SECTION 3. ORS 419B.050 is amended to read:

419B.050. (1) Upon notice by either a law enforcement agency or the State Office for Services to Children and Families that a child abuse investigation is being conducted under ORS 419B.020, a health care provider may permit the law enforcement agency or the office to inspect and copy medical records, including, but not limited to, prenatal and birth records, of the child involved in the investigation without the consent of the child, or the parent or guardian of the child. A health care provider who in good faith disclosed medical records under this section is not civilly or criminally liable for the disclosure.

(2)(a) As used in this section, "health care provider" means a person licensed by one of the following agencies, or any employee of a person licensed by one of the following agencies:

(A) State Board of Examiners for Speech-Language Pathology and Audiology;

(B) State Board of Chiropractic Examiners;

(D) Oregon Board of Licensed Professional Counselors and Therapists;

(E) Oregon Board of Dentistry;

(F) State Board of Denture Technology;

(G) Board of Examiners of Licensed Dietitians;

(H) State Board of Massage [Technicians] Therapists;

(I) State Mortuary and Cemetery Board;

(J) Board of Naturopathic Examiners;

(K) Oregon State Board of Nursing;

(L) Board of Examiners of Nursing Home Administrators;

(M) Oregon Board of Optometry;

(N) State Board of Pharmacy;

(O) Board of Medical Examiners;

(P) Occupational Therapy Licensing Board;

(Q) Physical Therapist Licensing Board;

(R) State Board of Psychologist Examiners; or

(S) Board of Radiologic Technology.

(b) For the purposes of this section, "health care provider" includes a health care facility described in ORS 442.015 (14) and emergency medical technicians certified by the Health Division.

SECTION 4. ORS 676.160 is amended to read:

676.160. As used in ORS 676.165 to 676.180, "health professional regulatory board" means the:

(1) State Board of Examiners for Speech-Language Pathology and Audiology;

(2) State Board of Chiropractic Examiners;

(3) State Board of Clinical Social Workers;

(4) Oregon Board of Licensed Professional Counselors and Therapists;

(5) Oregon Board of Dentistry;

(6) State Board of Denture Technology, and the Health Division of the Department of Human Resources to the extent that the division regulates the practice of denture technology;

(7) Board of Examiners of Licensed Dietitians;

(8) State Board of Massage [Technicians] Therapists;

(9) State Mortuary and Cemetery Board;

(10) Board of Naturopathic Examiners;

(11) Oregon State Board of Nursing;

(12) Board of Examiners of Nursing Home Administrators;

(13) Oregon Board of Optometry;

(14) State Board of Pharmacy;

(15) Board of Medical Examiners;

(16) Occupational Therapy Licensing Board;

(17) Physical Therapist Licensing Board;

(18) State Board of Psychologist Examiners;

(19) Board of Radiologic Technology;

(20) Oregon State Veterinary Medical Examining Board; and

(21) Health Division of the Department of Human Resources to the extent that the division certifies emergency medical technicians.

SECTION 5. ORS 687.011 is amended to read:

687.011. As used in this chapter:

(1) "Board" means the State Board of Massage [Technicians] Therapists.

(2) "Certified class" means a class that is approved by the board and is offered:

(a) By a person or institution licensed as a career school under ORS 345.010 to 345.450;

(b) By a community college and approved by the Department of Education; or

(3) "Fraud or misrepresentation" means knowingly giving misinformation or a false impression through the intentional misstatement of, concealment of or failure to make known a material fact or by other means.

(4) "Manual" means the use of the hands or the feet, or both, or any part of the body in the performance of massage.

(5) "Massage" or "massage therapy" means the use on the human body of pressure, friction, stroking, tapping or kneading, vibration or stretching by manual or mechanical means or gymnastics, with or without appliances such as vibrators, infrared heat, sun lamps and external baths, and with or without lubricants such as salts, powders, liquids or creams for the purpose of, but not limited to, maintaining good health and establishing and maintaining good physical condition.

(6) "Massage [technician] therapist" means a person licensed under this chapter to practice massage.

(7) "Practice of massage" means the performance of massage:

(a) For purposes other than sexual contact, as defined in ORS 167.002 (5); and

(b) For compensation.

(8) "Preceptor" means a licensed massage [technician] therapist who contracts with an approved school or program of massage to provide direct on-site clinical supervision of a massage student enrolled in a certified class.

(9) "Supervision" means:

(a) The process of overseeing and directing the training of massage students as set forth in rules of the board;

(b) The process of overseeing and directing a licensee being disciplined by the board; or

(c) Voluntary consultation with, and education of, less experienced licensed massage [technicians] therapists or practitioners in related fields.

(10) "Treatment" means the selection, application and practice of massage or massage therapy essential to the effective execution and management of a plan of care.

(11) "Unprofessional or dishonorable conduct" means a behavior, practice or condition that is contrary to the ethical standards adopted by the board.

SECTION 6. ORS 687.021 is amended to read:

687.021. (1) No person shall engage in or purport to be in the practice of massage without a massage [technician] therapist license issued by the State Board of Massage [Technicians] Therapists.

(2) It is unlawful to advertise by printed publication or otherwise:

(a) The giving of massage treatments in this state by a person not licensed under this chapter; or

(b) The use of "massage" in the business name unless the person providing the massage is licensed under this chapter.

(3) The Attorney General, the prosecuting attorney of any county or the board, in its own name, may maintain an action for an injunction against any person violating this section. An injunction may be issued without proof of actual damage sustained by any person. An injunction does not relieve a person from criminal prosecution for violation of this section or from any other civil, criminal or disciplinary remedy.

SECTION 7. ORS 687.031 is amended to read:

687.031. (1) This chapter does 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 [technician] 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.

(2) 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 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 8. ORS 687.041 is amended to read:

687.041. (1) Applications to the State Board of Massage [Technicians] Therapists for a massage [technician] therapist license shall be made on forms provided by the board and shall contain the information required to assure the board of the applicant's eligibility for a license. The application fee provided for in ORS 687.071 shall accompany the application.

(2) An applicant shall state on the application whether the applicant has ever been arrested for or convicted of a crime exclusive of minor traffic offenses and if so, where and when.

(3) The board may require that an applicant submit to fingerprinting. It may also require the photograph of the applicant.

(4) All law enforcement agencies in this state shall cooperate with the board in the administration of this chapter and shall, when requested, investigate and report to the board their findings regarding the arrest or conviction of the applicant for crimes within or outside this state.

SECTION 9. ORS 687.051, as amended by section 1, chapter 176, Oregon Laws 1997, is amended to read:

687.051. (1) To be eligible for issuance of an initial license in this state as a massage [technician] therapist after January 1, 1999, the applicant shall:

(a) Furnish the State Board of Massage [Technicians] Therapists with any 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) Have completed a minimum of 500 contact hours of certified classes in the following subjects: Anatomy and physiology, kinesiology, pathology, hydrotherapy, theory and 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.

(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 shall be administered in the English language 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 may accept passage of a 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 this chapter 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 by alcohol or controlled substances or behavior, practices or conduct that would be considered unprofessional or dishonorable conduct if engaged in by a person licensed under this chapter.

(4) 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) To be eligible for inactive status, a licensed massage [technician] therapist must not be practicing massage in this state.

SECTION 10. ORS 687.057 is amended to read:

687.057. (1) The State Board of Massage [Technicians] Therapists may license by indorsement or reciprocity any individual who applies, meets the requirements established by the board and, on the date of making application, is a massage [technician] therapist licensed under the laws of any other state or territory of the United States or by a foreign country if the requirements in the state, territory or country where the applicant is licensed are not less than those required in this chapter. The board shall adopt rules for determining the necessity of an examination based on educational preparation, successful completion of other examinations, work experience and the number of years in active practice of massage.

(2) The board may license by indorsement any individual who applies and successfully completes a practical examination if the individual is already licensed under a law of this state to do an act included in the definition of massage in ORS 687.011.

(3) An applicant shall pay a fee of $25 to the board at the time of filing an application under this section.

(4) The board may enter into an agreement with the appropriate regulatory body of any other state, territory or foreign country for reciprocal licensing if the board determines that the qualifications and standards of the other state, territory or foreign country are not less than those required in this chapter.

SECTION 11. ORS 687.061 is amended to read:

687.061. (1) Licenses issued under this chapter expire on December 31 of all even-numbered years for massage [technicians] therapists and may be renewed every other year thereafter on application to the State Board of Massage [Technicians] Therapists and payment of the renewal fee by December 1 of the license year. If the renewal fee is not paid by December 1, a delinquent fee shall be paid. Renewal of licenses may be made within three years after the date of expiration upon payment of the renewal fee for the license year plus the delinquent fee.

(2) An individual who practices massage without holding a valid unexpired license issued under this chapter is subject to disciplinary action and civil penalty by the board, injunction and criminal prosecution. No disciplinary action, civil penalty or criminal proceeding shall be initiated under this section after the date that a renewal and delinquency fee is paid. However, payment of a renewal and delinquency fee does not stay any disciplinary action, civil penalty or criminal proceeding already assessed or initiated.

SECTION 12. ORS 687.071 is amended to read:

687.071. (1) The State Board of Massage [Technicians] Therapists shall impose fees for the following:

(a) Massage [technician] therapist license.

(b) Examinations and reexaminations.

(d) Delinquency in renewal of a license.

(e) Temporary practice permit.

(2) If the effective period of the initial massage [technician] therapist license is to be less than 12 months by reason of the statutorily required expiration date, the required license fee shall be prorated to represent one-half of the biennial rate.

(3) The board shall examine or reexamine any applicant for a massage [technician] therapist license who pays a fee for each examination and who meets the requirements of ORS 687.051.

(4) All moneys received by the board shall be paid into the General Fund in the State Treasury and placed to the credit of the Health Division Account and are appropriated continuously and shall be used only for the administration and enforcement of this chapter.

(5) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under this section shall not exceed the cost of administering the regulatory program of the board pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board's budget, as the budget may be modified by the Emergency Board.

SECTION 13. ORS 687.075 is amended to read:

687.075. (1) The State Board of Massage [Technicians] Therapists may request and the Department of State Police shall furnish to the board information on an individual that the department possesses in its central bureau of criminal identification, including but not limited to manual or computerized information, if criminal offender information is required for purposes of board licensing or disciplinary activities.

(2) After furnishing the information obtained under subsection (1) of this section, the department shall conduct nationwide criminal records checks through the Federal Bureau of Investigation of individuals described in subsection (1) of this section, including their fingerprints, and shall report the results to the board.

(3) The bureau shall either return or destroy the fingerprint cards used to conduct the criminal records check and shall not keep any record of the fingerprints. However, if the bureau policy authorizing return or destruction of the fingerprint cards is changed, the board shall cease to send the cards to the bureau but shall continue to process the information through other available resources.

(4) If the bureau returns the fingerprint cards to the department, the department shall return the fingerprint cards to the board. The board shall destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

(5) For purposes of receiving the information described in this section, the board is considered to be a "designated agency" under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules adopted under ORS 181.555.

SECTION 14. ORS 687.081 is amended to read:

687.081. (1) The State Board of Massage [Technicians] 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 this chapter or any rule of the board adopted under ORS 687.121.

(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 [technician] 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.

(h) Violates any provision of ORS 167.002 to 167.027.

(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 this chapter 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) If the board finds that the licensee is physically or mentally impaired, a requirement for successful completion of appropriate treatment as determined by the board.

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

(3) If the board determines that a licensee's 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 this chapter. 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 687.890. Civil penalties under this subsection shall be imposed pursuant to ORS 183.090.

(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 person's past history in observing the provisions of this chapter and the rules adopted pursuant thereto;

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

(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 this chapter, the board shall conduct an investigation as described under ORS 676.165.

(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.

SECTION 15. ORS 687.086 is amended to read:

687.086. (1) If the State Board of Massage [Technicians] Therapists proposes to impose any of the sanctions authorized in ORS 687.081 or take other disciplinary action, opportunity for hearing shall be accorded as provided in ORS 183.310 to 183.550. The board may designate the Assistant Director for Health or the designee of the assistant director or other competent person to preside at such hearing.

(2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be as provided in ORS 183.310 to 183.550.

SECTION 16. ORS 687.115 is amended to read:

687.115. (1) There is created in the Health Division a State Board of Massage [Technicians] Therapists. The board shall be composed of seven members, four of whom shall be licensed massage [technicians] therapists and three of whom shall be members of the public, including one public member selected from a health related field, who shall be appointed by the Governor for terms of four years. Members serve at the option of the Governor.

(2) Members are entitled to compensation and expenses as provided in ORS 292.495.

(3) The board shall:

(a) Hold meetings at times and locations determined by the board.

(b) Subject to the State Personnel Relations Law, hire, define the duties and fix the salary of an executive director who shall hire and define the duties and provide supervision and evaluation of other employees as necessary to carry out the provisions of this chapter. The executive director, with approval of the board, may also employ special consultants. All salaries, compensation and expenses incurred or allowed shall be paid out of funds received by the board.

SECTION 17. ORS 687.121 is amended to read:

687.121. The State Board of Massage [Technicians] Therapists may adopt rules:

(1) Establishing reasonable standards concerning the sanitary, hygienic and healthful conditions of premises and facilities used by massage [technicians] therapists.

(2) Relating to the methods and procedures used in the practice of massage.

(3) Governing the examination and investigation of applicants for the licenses issued under this chapter and the issuance, renewal, suspension and revocation of such licenses.

(4) Setting standards for certifying classes under ORS 687.051.

(5) Requiring that massage [technicians] therapists supply the board with the accurate, current address or addresses where they practice massage.

(6) Fixing the educational, training and experience requirements for licensing by indorsement or reciprocity.

(7) Establishing requirements for issuance and retention of an inactive license.

(8) Regarding any matter that the board reasonably considers necessary and proper for the administration and enforcement of this chapter.

SECTION 18. ORS 687.122 is amended to read:

687.122. (1) Upon the complaint of any citizen of this state, or upon its own motion, the State Board of Massage [Technicians] Therapists may investigate any alleged violation of this chapter.

(2) In the conduct of investigations, the board may:

(a) Take evidence;

(b) Take the depositions of witnesses, including the person charged, in the manner provided by law in civil cases;

(c) Compel the appearance of witnesses, including the person charged, before the board in person the same as in civil cases;

(d) Require answers to interrogatories; and

(e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.

(3) In exercising its authority under subsection (2) of this section, the board may issue subpoenas over the signature of the board chairperson and the seal of the board in the name of the State of Oregon.

(4) If a person fails to comply with a subpoena issued under this section, the judge of the circuit court shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court.

SECTION 19. ORS 687.123 is amended to read:

687.123. Upon complaint about the premises on which a massage [technician] therapist practices massage, the State Board of Massage [Technicians] Therapists or its authorized representative may inspect such premises in order to determine whether the premises meet the standards set by order of the board under ORS 687.121 (1).

SECTION 20. ORS 687.890 is amended to read:

687.890. (1) The State Board of Massage [Technicians] Therapists shall report to the proper district attorney all cases that in the judgment of the board warrant criminal prosecution under ORS 687.991.

(2) The board may, in its own name, assess a civil penalty against any licensed or unlicensed person violating a provision of this chapter. The board may assess the civil penalty instead of or in addition to disciplinary action under ORS 687.081, an injunction issued under ORS 687.021 or criminal prosecution by the district attorney under this section. The amount of the civil penalty may not exceed $1,000 for any single violation. Moneys collected through the assessment of civil penalties by the board shall be credited to the General Fund and shall be available for general governmental expenses.

SECTION 21. (1) The amendments to ORS 687.115 by section 16 of this 1999 Act are intended to change the name of the State Board of Massage Technicians to the State Board of Massage Therapists.

(2) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the State Board of Massage Technicians from which duties, functions or powers are transferred by this 1999 Act, wherever they occur in Oregon Revised Statutes, other words designating the State Board of Massage Therapists to which such duties, functions or powers are transferred.

SECTION 22. (1) Any reference in Oregon Revised Statutes to massage technician shall be considered a reference to massage therapist.

(2) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating massage technician, wherever they occur in Oregon Revised Statutes, other words designating massage therapist.

Approved by the Governor July 8, 1999

Filed in the office of Secretary of State July 8, 1999

Effective date October 23, 1999

__________