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Oregon Bulletin

August 1, 2011

 

Board of Massage Therapists
Chapter 334

Rule Caption: Amend budget, remove definition of agency.

Adm. Order No.: BMT 2-2011

Filed with Sec. of State: 6-29-2011

Certified to be Effective: 7-1-11

Notice Publication Date: 4-1-2011

Rules Amended: 334-001-0012, 334-001-0060

Subject: The Oregon Board of Massage Therapists (Board) is permanently amending the 2011–2013 biennium budget, to address the financial operations of the agency.

      The Board is permanently amending definitions to remove the word “agency” as the current definition is erroneous and the word referenced in common terms.

Rules Coordinator: Diana Nott—(503) 365-8657, ext. 1

334-001-0012

Budget

The Oregon Board of Massage Therapists hereby adopts, and fully incorporates herein, the Oregon Board of Massage Therapists 2011–2013 Biennium budget of $1,602,000

Stat. Auth.: SB 1127, ORS 183 & 687.121

Stats. Implemented: Section 6, (1) & (2)

Hist.: BMT 2-1999(Temp), f. & cert. ef. 9-17-99 thru 3-15-00; BMT 1-2000, f. & cert. ef. 1-12-00; BMT 2-2000, f. & cert. ef. 8-3-00; BMT 1-2001, f. & cert. ef. 5-29-01; BMT 2-2003, f. & cert. ef. 6-17-03; BMT 2-2005(Temp), f. & cert. ef. 6-24-05 thru 6-30-05; BMT 3-2005, f. 6-24-05, cert. ef. 7-1-05; BMT 1-2007, f. & cert. ef. 6-29-07; BMT 2-2007, f. & cert. ef. 7-3-07; BMT 3-2009, f. & cert. ef. 7-2-09; BMT 3-2010, f. 12-22-10, cert. ef. 1-1-11; BMT 1-2011, f. & cert. ef. 4-21-11; BMT 2-2011, f. 6-29-11, cert. ef. 7-1-11

334-001-0060

Definitions

(1) “Barter” means partial or complete trade or exchange of massage or bodywork services for any other type of goods or service other than money.

(2) “Board” means the State Board of Massage Therapists or its authorized representatives as provided by ORS 687.115.

(3) “Bodywork” means the use on the human body, for the purpose of, but not limited to, maintaining good health and establishing and maintaining good physical condition of:

(a) Pressure, friction, stroking, tapping, kneading, vibration or stretching by manual or mechanical means or gymnastics;

(b) Appliances, tools or devices;

(c) Topical preparations; or

(d) Hot and cold applications.

(4) “Boundary” means the limits in a professional relationship which create safety based on the needs of the client.

(5) “Boundary violation” means an alteration or shift in the limits of a professional relationship so that what is allowed in the relationship becomes ambiguous and/or may not be based on the needs of the client.

(6) “Caring” means acting in a manner in which things, events, people or relationships matter.

(7) “Certified Class or program” means a class or program 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; or

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

(c) In another state and licensed or approved by the appropriate agency in that state.

(8) “Client” means any individual, group of individuals, or organization to whom an L.M.T. provides massage

(9) “Client vulnerability” means factors which diminish a client’s ability to be self-determining.

(10) “Compensation” means something given or received as payment including but not limited to bartering, tips, monies, donations, or services.

(11) “Conflict of interest” means any action or decision or recommendation by an LMT at the detriment of a client.

(12) “Contact hours” means actual hours in class under the instruction of and in the presence of an instructor.

(13) “Critical Reflection” means a process whereby knowledge and action are connected to each other through the application of careful, conscious, deliberate reflection on:

(a) Personal practice (perceptions, assumptions, motivations, values, behaviors).

(b) Assessment and understanding of a situation.

(c) Likely or actual consequences or impact of one’s actions.

(14) “Dual Relationship” means any relationship of a personal or business nature with a client that is in addition to or concurrent with a professional relationship in which the L.M.T. is providing or has provided massage or bodywork services to that same client.

(15) “Ethics” means a system of valued societal beliefs and behaviors that may be used to guide and evaluate conduct to ensure the protection of an individual’s person and rights.

(16) “Indorsement” means:

(a) The process of evaluating and recognizing the credentials of a person licensed in Oregon in another health care specialty that includes in its scope of practice, acts defined as massage: or

(b) The process of evaluating and recognizing the credentials of a massage or bodywork practitioner authorized to practice massage or bodywork in another jurisdiction.

(17) “Informed consent” means a process wherein clients have knowledge of what will occur, that participation is voluntary, and that the client is competent to give consent.

(18) “Licensee” means any person holding a license, permit, or certificate issued by this Board; an L.M.T.

(19) “L.M.T.” means a Licensed Massage Therapist.

(20) “Massage” or “massage therapy” is defined in ORS 687.011.

(21) “Personal power” means recognizing and taking personal responsibility for the inherent power differential between the L.M.T. and the client and recognizing and taking personal responsibility for the impact of professional decisions, actions and behavior on the client.

(22) “Power differential” means the basic inequality inherent in the professional relationship between an L.M.T. and a client in terms of who has the advantage in the relationship. The L.M.T. is presumed to have the advantage by virtue of the authority which emerges from the role of professional and the vulnerability which is automatically part of the role of client.

(23) “Practice of massage” is defined in ORS 687.011.

(24) “Professional authority” means the power inherent in the professional role and which is derived from a combination of an L.M.T.’s specialized or expert knowledge, societal expectations, stated and unstated client expectations, and an L.M.T.’s personal power.

(25) “Professional relationship” means the relationship established when an L.M.T. contracts with a client, verbally or in writing, to provide any service associated with the practice of massage or bodywork.

(26) “Professional role” means assuming the demands and responsibilities of professional authority by taking charge of the conditions which create and maintain client safety and trust in the professional-client relationship.

Stat. Auth.: ORS 687.011 & 687.121

Stats. Implemented: ORS 687.011

Hist.: BMT 2-1998, f. & cert. ef. 7-22-98; BMT 1-2003, f. & cert. ef. 1-24-03; BMT 1-2009, f. 2-13-09, cert. ef. 3-1-09; BMT 3-2009, f. & cert. ef. 7-2-09; BMT 2-2011, f. 6-29-11, cert. ef. 7-1-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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