OAR 334-010-0015: Licensure

(1) An applicant for licensure or renewal of a license must complete, in its entirety, an original application furnished by the Board. (2) An applicant for an initial license and all lapsed and inactive licensees applying for reactivation must submit a completed electronic fingerprint for a criminal background check. (3) All applications for licensure must be accompanied by proof of current cardiopulmonary resuscitation (CPR) certification from the American Heart Association’s Basic Life Support (BLS) Healthcare Providers Course or its equivalent. The CPR certification card must include an expiration date. (4) An applicant must provide written explanation and copies of all related documentation as requested by the board if: (a) Applicant has ever been investigated, disciplined or denied licensure by this agency or any other governmental agency in any state or jurisdiction of the United States or foreign country; (b) Applicant has surrendered a massage license or other professional license in any state or jurisdiction of the United States or foreign country; (c) Applicant has been arrested, charged or convicted of any type of violation of the law, including both misdemeanors or felonies, in the state of Oregon or other jurisdictions of the United States or foreign country; (d) Applicant has abused or been treated for the abuse of alcohol, controlled or mind altering substances; or (e) Applicant has suffered from and/or received treatment for a mental, physical or emotional condition, which could impede applicant’s ability to safely practice massage. (5) Applicants for initial licensure must have passed a written examination approved by the board unless the applicant is applying through Health Indorsement in which the applicant must have passed a practical examination. (6) Licenses issued expire on the last day of the licensees’ birth month of even numbered years for licensees with even numbered birth years and odd numbered years for licensees with odd numbered birth years. Thereafter, licenses may be renewed every other year upon completion of the application requirements. The application must be returned to the Board postmarked no later than the 1st day of the month of expiration. A delinquent fee must be paid if the completed application and all requirements are not received by the due date. (7) Applicants for the renewal of an active license must sign a statement verifying completion of a minimum of 25 hours of continuing education. The Board may require proof of the continuing education hours. (8) Applications for renewal of an active license must be accompanied by: (a) Current licensing fee; (b) Any applicable late fees; (c) Proof of current cardiopulmonary resuscitation (CPR) certification from the American Heart Association’s Basic Life Support (BLS) Healthcare Providers Course or its equivalent. The CPR certification card must include an expiration date; (d) Proof of 25 hours of continuing education as required in OAR 334-010-0050(1) ; (e) All licensees must take and submit proof of completing the 1 hour online Pain management module, provided by the Oregon Pain Management Commission (OPMC), at least once, by a licensee’s next required continuing education reporting; and (f) Any additional documentation required by the Board. (9) All applicants for initial, renewal, or reinstated license must sign a statement verifying that they have read, understand, and must comply with all current Oregon Revised Statutes (ORS 687), Oregon Administrative Rules (OAR 334), and policy statements of the Board. (10) Licenses issued by the Board must not be transferable. (11) A person licensed by the Board may move to an inactive status by completing the form provided by the Board. Upon payment of the appropriate fee, the applicant will be issued an inactive license. During the period of inactive status, the licensee may not practice massage for compensation in the State of Oregon. (12) An application to reactivate an inactive license must be accompanied by: (a) Current licensing fee; (b) Verification of current cardiopulmonary resuscitation (CPR) certification from the American Heart Association’s Basic Life Support (BLS) Healthcare Providers Course or its equivalent. The CPR certification card must include an expiration date. (c) Verification of 25 hours of continuing education for each biennium the license was inactive. Of the 25 hours, at least 8 must be supervised hours of continuing education training or Board approved activities. At least 4 supervised hours must be in Professional Ethics, Boundaries and/or Communication. The remaining 17 of 25 hours may be supervised or unsupervised hours . At least 1 hour must be in Cultural Competency as per ORS 413.450; Cultural Competency continuing education approved by the Oregon Health Authority, will be accepted for meeting the cultural competency requirement. (d) Verification of 50 hours of continuing education for the reactivation of inactive license more than 1 biennium must be submitted to the Board. Of the 50 hours, at least 16 must be supervised hours of continuing education training or Board approved activities. At least 8 supervised hours must be in Professional Ethics, Boundaries and/or Communication. The remaining 34 of 50 hours may be supervised or unsupervised hours. At least 2 hour must be in Cultural Competency as per ORS 413.450; Cultural Competency continuing education approved by the Oregon Health Authority, will be accepted for meeting the cultural competency requirement ; and (e) Completed electronic fingerprints for criminal background check. (13) Prior to beginning required education or training, a person who was convicted of a crime may petition the Board for a determination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board. (14) To be complete, a petition must include the following: (a) A complete and signed determination request form. (b) The required fee of $75. (c) The following records related to the final judgment of each criminal conviction: (i) A certified copy of the judgment of criminal conviction. (ii) Any charging document(s). (iii) The arrest report(s). (iv) Probation and parole records, if they exist. (d) A written statement from the petitioner regarding the facts underlying the criminal conviction, and any intervening circumstances. (e) A written statement or other document listing all criminal convictions, including dates of conviction and a summary of the facts, if the petitioner has more than one. (15) A separate completed petition and fee must be filed for each criminal conviction for which the petitioner is requesting a determination. (16) If any of the records in (14)(c) no longer exist, have been sealed or are otherwise unavailable to the petitioner, petitioner must provide evidence from the agency that held the record that the record no longer exists. (17) If any of the documents required under subsections (14) and (16) are not provided, petitioner will have 60 days to provide the required documents or information. Upon failure to comply, the petition will be deemed incomplete and will be closed. (18) The petition and the Board’s determination are subject to Oregon’s public records laws, and unless an exemption applies, the information in the petition and determination are subject to public disclosure. (19) The Board will reconsider a determination that a criminal conviction prevents the person from obtaining a license when the person submits a completed application for a license. (20) Upon reconsideration, the Board may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a license if the applicant: (a) Has allegations or charges pending in criminal court. (b) Has failed to disclose a previous criminal conviction. (c) Has been convicted of another crime during the period between the determination and the person’s submission of a completed application for an occupational or professional license; or (d) Has been convicted of a crime that, during the period between the determination and the person’s submission of a completed application for an occupational or professional license, became subject to a change in state or federal law that prohibits licensure for an occupational or professional license because of a conviction of that crime. (21) Failure to disclose a previous criminal conviction includes any misrepresentation or a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, or any other misinformation regarding a prior criminal conviction. (22) Nothing in this rule prohibits the Board from denying licensure when the person submits a completed application for a reason other than conviction of a crime. (23) A determination under this rule is not considered a final determination of the Board.