69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 691
House Bill 2360
Sponsored by Representative WATT (at the request of Kris Tanner)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits practice of reflexology without license. Establishes
licensing standards for reflexologists. Creates regulatory body.
Permits civil penalty for violation.
A BILL FOR AN ACT
Relating to reflexology; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this Act, unless the context
requires otherwise:
(1) 'Board' means the State Board of Reflexology.
(2) 'Reflexologist' means a person licensed under section 4 of
this Act to practice reflexology.
(3) 'Reflexology' means the application of specific alternating
pressure by using the hands, thumbs and fingers of the
reflexologist on reflex points in the hands, feet or ears of the
client, using techniques including, but not limited to, finger
walking, hook and back up, rotation on a reflex and thumb
walking.
(4) 'Unprofessional or dishonorable conduct' means a behavior,
practice or condition that is contrary to ethical standards
adopted by rule of the board. + }
SECTION 2. { + No person shall engage in the practice of
reflexology, use the title of licensed reflexologist, advertise
or otherwise purport to be a practitioner of reflexology unless
licensed by the State Board of Reflexology. + }
SECTION 3. { + Section 2 of this Act does not apply to:
(1) Persons licensed under a law of this state to perform acts
included in the definition of reflexology, or persons working
under the direction of the licensed person, including but not
limited to, persons rendering professional services as athletic
trainers, chiropractors, massage technicians, physical
therapists, physicians and registered nurses.
(2) Services that are provided without charge to immediate
family members of the person providing the service.
(3) Reflexology clinics operated by schools with the permission
of the State Board of Reflexology for the purpose of providing
supervised training to students of reflexology, if the charge for
any services rendered in the clinic does not exceed the cost
thereof and does not provide compensation to the student. + }
SECTION 4. { + (1) An applicant shall be issued a license as a
reflexologist if the applicant:
(a) Has attained the age of 18 years;
(b) Provides three personal references;
(c) Possesses good moral character;
(d) Passes a written and practical examination prepared and
conducted by the State Board of Reflexology or its authorized
representative establishing competency and ability to engage in
the practice of reflexology; and
(e) Submits a licensing fee in an amount set by the board by
rule.
(2) An applicant failing to receive a passing score on the
examination may apply to retake the examination. The fee for
reexamination shall be set by the board by rule. The applicant
may retake the examination twice without being required to file a
new licensure application.
(3) Licensing examinations shall be conducted at least once a
year.
(4) The board may waive the examination requirement of an
applicant licensed to perform reflexology under the laws of any
state or territory of the United States if the requirements in
the state or territory where the applicant is licensed are not
less than the licensing requirements in this state. + }
SECTION 5. { + (1) Licenses issued under section 4 of this Act
expire on June 30 of each year and may be renewed on application
to the State Board of Reflexology and payment of a renewal fee by
June 1 of the expiration year. If the renewal fee is not paid by
June 1, a delinquency fee shall be paid. The board shall set the
renewal and delinquency fee amounts by rule. If a license is not
renewed by June 30, the board may issue an order suspending the
license until payment of the renewal and delinquency fees.
(2) A licensee shall display the license in a conspicuous place
at the location where the licensee is performing reflexology. + }
SECTION 6. { + All moneys received by the Health Division
under this Act shall be paid into the General Fund in the State
Treasury and placed to the credit of the Health Division Account
and are hereby appropriated continuously and shall be used only
for the administration and enforcement of this Act. + }
SECTION 7. { + (1) The State Board of Reflexology may deny,
suspend, revoke or refuse to renew a license issued under section
4 of this Act if the licensee:
(a) Violates a provision of this Act or a rule of the board.
(b) Has a physical or mental condition that makes the licensee
unable to safely conduct the practice of reflexology.
(c) Engages in unprofessional or dishonorable conduct.
(d) Commits gross malpractice or repeated malpractice as
defined by board rule.
(2) In addition to or instead of the discipline described in
subsection (1) of this section, the board may impose a civil
penalty not to exceed $1,000 for any violation of this Act or a
rule of the board.
(3) Civil penalties under this section shall be imposed as
provided in ORS 183.090. + }
SECTION 8. { + A reflexologist shall not use lotions, creams
or mechanical devices in the practice of reflexology. A
reflexologist shall not diagnose or treat for specific diseases,
practice spinal or joint manipulations, prescribe or adjust
medication or prescribe or administer vitamins. + }
SECTION 9. { + (1) The State Board of Reflexology or its
authorized representative may administer oaths, take depositions
and issue subpoenas to compel the attendance of witnesses and the
production of documents or other written information necessary to
carry out this Act. If any person fails to comply with a subpoena
issued under this section or refuses to testify on matters on
which the person lawfully may be interrogated, the procedure set
out in ORS 183.440 shall be followed to compel obedience.
(2) Upon complaint about the premises where a reflexologist
practices reflexology, the board or its authorized representative
may inspect the premises in order to determine whether the
premises meet the standards set by rule of the board. + }
SECTION 10. { + (1) There is established a State Board of
Reflexology within the Health Division. The board shall consist
of three members appointed by the Governor.
(2) Members of the board must be citizens of this state and
licensed to perform reflexology in this state.
(3) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause,
the Governor shall make an appointment to become immediately
effective for the unexpired term.
(4) The appointment of members of the board is subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(5) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 11. { + (1) The State Board of Reflexology shall
select one of its members as chairperson and another as vice
chairperson, for terms and with duties and powers necessary for
the performance of the functions of those offices as the board
determines.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The board shall meet at least once every six months at a
place, day and hour determined by the board. The board also shall
meet at other times and places specified by the call of the
chairperson or of a majority of the members of the board. + }
SECTION 12. { + In accordance with applicable provisions in
ORS 183.310 to 183.550, the State Board of Reflexology may adopt
rules for the implementation and administration of this Act,
including but not limited to:
(1) Standards for sanitary, hygienic and healthful conditions
of the premises and facilities used by persons licensed by the
board;
(2) Professional methods and procedures used by persons
licensed by the board;
(3) Examination of applicants for licenses issued by the board
and the issuance, renewal, suspension and revocation of the
licenses; and
(4) Ethical standards for persons licensed by the board. + }
SECTION 13. { + (1) Notwithstanding section 10 of this Act,
licensure as a reflexologist is not required for service on the
State Board of Reflexology prior to July 1, 2000.
(2) Notwithstanding the term of office specified by section 10
of this Act, of the members first appointed to the board:
(a) One shall serve for a term ending June 30, 1998.
(b) One shall serve for a term ending June 30, 1999.
(c) One shall serve for a term ending June 30, 2000. + }
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