Or. Admin. Code § 334-010-0005

Current through Register Vol. 63, No. 11, November 1, 2024

Section 334-010-0005 - Applications

(1) All applications for licensure, temporary license for military spouse or domestic partner, inactive status, renewal, temporary permit, or a facility permit must be made on forms provided by the Board. Only applications that are completed and on Board approved forms, without alterations, will be accepted for filing and review by the Board.

(2) All applications made to the Board must be accompanied by the required fee.

(3) Applicants for Licensure must submit the following with their application:

(a) A copy of a valid government issued photo identification. This identification could be a valid driver's license, a current U.S. passport, immigration/naturalization papers, or a valid state identification card;

(b) An official certificate or transcript from the administering institutions, instructors, or programs showing successful completion of study and practice in the required subject matter and hours required by the Board.

(A) Official copies of transcripts or certificates presented to the Board in an envelope sealed by the program or institution and verified as sealed may be accepted directly from the applicant.

(B) If a program or institution granting credit is no longer in business, the Board must accept for review a copy of a certificate of completion, transcript or diploma in the required subject matter and hours.

(i) The Board may require additional information to verify the authenticity of such documents.

(ii) Transcripts or certificates directly received from other states massage licensing boards will be accepted.

(C) The Board will not accept transcript(s) or certificate(s) from schools that are not approved or not in good standing with the national massage associations.

(c) A current photograph of the applicant.

(4) Transcripts must include a minimum of 625 hours of certified classes. The 625 hours must include the knowledge and skills identified in OAR 334-010-0047 competencies and must be comprised of:

(a) A minimum of 200 hours of Anatomy & Physiology, Pathology, and Kinesiology; and

(b) A minimum of 300 hours of Massage Theory and Practical Application, Clinical Practice, Business Development, Communication and Ethics, and Sanitation. Hydrotherapy may be included as part of the 300 hours.

(c) The additional 125 hours can be in Anatomy & Physiology, Pathology, Kinesiology, Massage or Bodywork Theory and Practical Application, Clinical Practice, Business Development, Communication, Ethics, Sanitation or Hydrotherapy.

(d) Hours can be calculated in clock hours or equivalent credit hours from an institution that substantially complies with the definition of credit hours in 34 CFR 600.2.

(5) If for any reason an applicant does not appear to be qualified for Licensure, the applicant must be so notified and invited to submit additional evidence to have theircase considered for licensure. Applicants who are or have legally practiced massage and/or bodywork outside of the State of Oregon may be eligible to apply for the Credentialing Review Process.

(6) Applicants who apply for licensure on or before December 31, 2015 with a minimum of 500 hours of certified classes and do not take and pass the Oregon practical exam within 60 days of the date of their application must apply as a new applicant.

(7) All application documents for examination and licensure submitted in a language other than English must be accompanied by:

(a) An accurate translation of those documents into English;

(b) A notarized affidavit certifying that the translator is competent in both the language of the document and the English language; and

(c) A notarized affidavit certifying that the translation is a true and complete translation of the foreign language original.

(8) Any costs of translation of all documents required by the Board must be at the expense of the applicant.

(9) If the applicant discontinues the application process or fails to cooperate with the criminal history check process, then the application is considered incomplete.

(10) All information required for an initial license must be received within 12 months of the initial date of application. Thereafter, one must apply as a new applicant.

(11) Temporary license for military spouse or domestic partner to practice massage.

(a) Pursuant to ORS 676.308, "military spouse or domestic partner" means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon.

(b) A military spouse or domestic partner holding a temporary license to practice massage in the state of Oregon may perform services within the profession.

(c) A temporary license may be immediately issued to a military spouse or domestic partner; it is valid until the earliest of the following:

(A) Two years after the date of issuance;

(B) The date the spouse of the person to whom the authorization was issued completes the spouse's term of service in this States; or

(C) The date the person's authorization issued by another state expires.

(12) Requirements for temporary license to practice massage for a military spouse or domestic partner.

(a) An individual applying for a temporary license to practice massage must:

(A) Meet the requirements of OAR 334-010-0005 (1)-(10);

(B) Submit a completed application prescribed by the Board, which must contain the information listed in OAR 334-010-0005 (1)-(10), and be accompanied by payment of all required fees; and

(C) Attest that the applicant has requested license verification from the state or territory in which the applicant is authorized to practice massage, and that the applicant is not subject to any disciplinary action in that state or territory for a matter related to the practice of massage.

(b) An individual who has a temporary license to practice massage and who wants the license to be permanent must:

(A) Meet the requirements of OAR 334-010-0005 (1)-(10);

(B) Submit a completed application prescribed by the Board, which must contain the information listed in OAR 334-010-0005 (1)-(10), and be accompanied by payment of all required fees; and

(C) Submit information listed in OAR 334-010-0005 (C) (i)-(v) before the two years temporary license expires. If the Board accepts and approves the information, the Board will issue a permanent License to practice massage according to the rules pertaining to the profession.

(i) A copy of a marriage certificate or domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States; and

(ii) A copy of the assignment to an Oregon duty station by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration; and

(iii) Evidence that the applicant meets qualifications for licensure as provided in the statutes and rules for massage license, including examinations; and

(iv) Evidence of having provided massage therapy services or taught the subject matter for at least one year during the three years immediately preceding the date on which the Board receives the application; and

(v) Evidence that the applicant is authorized by another state or territory to practice massage therapy and that the applicant is not subject to disciplinary action in that state or territory for a matter related to massage therapy.

(c) Notwithstanding any other rules administered by the Board, an applicant for a temporary license under this rule must submit all applicable fees for a permanent license listed in OAR 334-010-0033.

(13) Applicants for Facility Permit must submit the following with the Facility Permit application:

(a) If a natural person:

(A) A copy of a valid government issued photo identification. Valid identification includes: a state issued driver's license, a current U.S. passport, immigration/naturalization papers, or a valid state identification card.

(B) Verification of Oregon Secretary of State Business Registration confirming registration of the assumed business name with the State of Oregon. The Verification must be in a format acceptable to the Board and include: the business registry number, owner and entity name as each appears on the Facility Permit Application, Facility Address as it appears in the Facility Permit Application, the current status of the registration, and start date of the registration.

(b) If not a natural person:

(A) Verification of Oregon Secretary of State Business Registration, confirming registration of the corporation, partnership, limited liability company, or assumed business name with the State of Oregon. The Verification must be in a format acceptable to the Board and include the business registry number, entity name as it appears on the Facility Permit Application, Registered Agent, owner/member/partner information, Facility Address as it appears in the Facility Permit Application, the current status of the registration, and start date of the registration.

(B) For corporations, partnerships, and limited liability companies, copies of Articles of Incorporation, Articles of Organization, or shareholder agreements showing all percentages of ownership with appropriate owner(s) identification including name and address.

(14) Applicants for Facility Permit Transfer must submit the following with the Facility Permit application:

(a) If a natural person, a copy of a valid government issued photo identification. Valid identification includes: a state issued driver's license, a current U.S. passport, immigration/naturalization papers, or a valid state identification card;

(b) If not a natural person:

(A) Verification of Oregon Secretary of State Business Registration confirming registration of the corporation, partnership, limited liability company, or assumed business name with the State of Oregon. The Verification must be in a format acceptable to the Board and include the business registry number, entity name as it appears on the Facility Permit Application, Registered Agent, owner/member/partner information, Facility Address as it appears in the Facility Permit Application, the current status of the registration, and start date of the registration.

(B) For corporations, partnerships, and limited liability companies, copies of Articles of Incorporation, Articles of Organization, or shareholder agreements showing all percentages of ownership with appropriate owner(s) identification, including name and address.

(C) A Buy-Sell Agreement, Purchase Agreement, Transfer Agreement, Lease Agreement or other documentation approved by the Board verifying transfer of legal ownership of the Facility.

(15) Applicants for licensure, inactive status, renewal, or a facility permit must notify the Board in writing immediately, but no later than 10 days after the change occurs, if any information submitted on the application changes, including, but not limited to: name; contact information, including address, email address, and telephone number; Board or other governmental agency investigation or disciplinary actions; civil, criminal, or ethical investigations, arrests, charges or convictions; employment investigations which lead to termination or resignation; in-patient mental health care for a psychological or behavioral health condition, addiction, or chemical dependency issue. Failure to do so may be grounds for denial of the application or revocation of the license, once issued.

Or. Admin. Code § 334-010-0005

HB 88, f. 3-16-56, Renumbered from 333-035-0002, MTB 1-1979, f. & ef. 5-22-79; MTB 2-1985, f. & ef. 1-23-85; MB 3-1985(Temp), f. & ef. 9-20-85; MTB 1-1986, f. & ef. 1-29-86; MTB 1-1990, f. & cert. ef. 4-20-90; MTB 1-1992, f. & cert. ef. 7-28-92, Sec. (7)(d) Renumbered from 334-010-0036; BMT 2-1998, f. & cert. ef. 7-22-98; BMT 2-2002, f. & cert. ef. 5-8-02; BMT 1-2003, f. & cert. ef. 1-24-03; BMT 1-2004, f. & cert. ef. 2-23-04; BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09; BMT 3-2009, f. & cert. ef. 7-2-09; BMT 3-2011(Temp), f. & cert. ef. 8-10-11 thru 2-6-12; BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12; BMT 1-2013, f. 5-31-13, cert. ef. 7-1-13; BMT 2-2013, f. 11-26-13, cert. ef. 1-1-14; BMT 3-2015, f. 11-12-15, cert. ef. 1-1-16; BMT 1-2017, f. 5-23-17, cert. ef. 7-1-17; BMT 1-2018, amend filed 11/21/2018, effective 01/01/2019; BMT 2-2019, amend filed 12/10/2019, effective 1/1/2020

Statutory/Other Authority: ORS 183, 687.121 & 182.456 - 182.472

Statutes/Other Implemented: ORS 687.011, 687.051, 687.057, 687.061, 687.081, 687.086 & 687.121