Chapter 687 — Massage Therapists; Direct Entry Midwives

687.010 [Repealed by 1955 c.492 §15]

MASSAGE THERAPISTS (Generally)

687.011 Definitions

As used in ORS 687.011 to 687.250, 687.895 and 687.991: “Certified class” means a class that is approved by the State Board of Massage Therapists and is offered: By a person or institution licensed as a career school under ORS 345.010 to 345.340; By a community college and approved by the Higher Education Coordinating Commission; By an accredited college…

687.020 [Repealed by 1955 c.492 §15]

687.021 Practice of massage without license prohibited; operation of massage facility without permit prohibited; injunction against violation

A person may not: Engage in or purport to engage in the practice of massage without a massage therapist license issued by the State Board of Massage Therapists under ORS 687.051. Operate a massage facility or purport to operate a massage facility without a permit issued by the board under ORS 687.059, unless the person is an individual massage therapist wh…

687.030 [Amended by 1953 c.438 §2; repealed by 1955 c.492 §15]

687.031 Application of ORS 687.011 to 687.250, 687.895 and 687.991

ORS 687.011 to 687.250, 687.895 and 687.991 do not apply to: 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. Trainers of any amateur, semiprofessional or professional athlete or athletic team. Massage practiced at the athletic …

687.040 [Repealed by 1955 c.492 §15]

(Licensing of Massage Therapists and Permitting of Massage Facilities)

687.041 Applications for licenses

Applications to the State Board of Massage Therapists for a massage 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. An applicant shall state on the applic…

687.050 [Repealed by 1955 c.492 §15]

687.051 Qualifications of applicants; continuing education; license renewal; inactive status; rules

To be eligible for issuance of an initial license in this state as a massage therapist, the applicant shall: Furnish the State Board of Massage Therapists with personal references required by rule of the board. Have attained the age of 18 years. Furnish the board with educational certificates or transcripts required by law or rule of the board including b…

687.054 License by indorsement or reciprocity; rules

The State Board of Massage 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 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, territ…

687.055 [1977 c.507 §5; 1985 c.82 §6; repealed by 1989 c.841 §14]

687.056 Temporary practice permit

The State Board of Massage Therapists may issue a temporary practice permit to a person who: Applies to the board in a manner prescribed by the board; Holds a valid authorization to practice massage issued by another state or territory of the United States or by a foreign country; and Pays the temporary practice permit fee required under ORS 687.071. A t…

687.057 [1977 c.507 §18; 1985 c.82 §7; 1989 c.841 §5; 1997 c.626 §7; 1999 c.326 §1; 1999 c.537 §10; renumbered 687.054 in 2025]

687.059 Massage facilities; fees; rules

To be issued a permit to operate a massage facility in this state, an applicant must: Submit an application to the State Board of Massage Therapists in a form and manner prescribed by the board by rule; Comply with the health, safety and infection control requirements adopted by the board under ORS 687.121; Pay the fee required under ORS 687.071 (1)(b); …

687.060 [Repealed by 1955 c.492 §15]

687.061 Expiration and renewal of license and permit; rules; fees; sanctions for practicing without valid license or operating without valid permit; penalty

Licenses issued under ORS 687.051 and permits issued under ORS 687.059 expire on the date established by the State Board of Massage Therapists by rule and may be renewed after payment of a renewal fee established by the board under ORS 687.071. If the renewal fee is not paid by the expiration date established by the board, a delinquency fee must be paid prio…

687.070 [Repealed by 1955 c.492 §15]

687.071 Fees; rules; examinations; disposition and use of moneys

The State Board of Massage Therapists shall impose fees for the following: Issuance or renewal of a massage therapist license. Issuance or renewal of a permit to operate a massage facility. Examinations and reexaminations. Inactive status. Delinquency in renewal of a license or of a permit to operate a massage facility. Temporary practice permit. Appl…

687.075 [1997 c.626 §1; 1999 c.537 §13; repealed by 2005 c.730 §77]

687.080 [Repealed by 1955 c.492 §15]

687.081 Grounds for denial, suspension or revocation of, or refusal to renew, license or permit; probation; penalties; complaint investigation

The State Board of Massage Therapists may discipline a person, deny, suspend, revoke or refuse to renew a license to practice massage or a permit to operate a massage facility and issue a reprimand to or censure or place on probation a licensee or permittee, if the person: Has violated a provision of ORS 687.011 to 687.250, 687.895 and 687.991 or any rule o…

687.086 License and permit denial procedure; review of rules and board orders

If the State Board of Massage 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 chapter 183. Hearings under this section must be conducted by an administrative law judge assigned from the Office of Administrative Hearings established by …

687.087 [1989 c.841 §§9,12; 1991 c.734 §74; renumbered 687.895 in 1991]

687.090 [Repealed by 1955 c.492 §15]

687.091 [1955 c.492 §10; repealed by 1971 c.734 §21]

(Reporting Obligations)

687.095 Duty to report prohibited conduct

Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a massage therapist who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150.

687.100 [Repealed by 1955 c.492 §15]

687.101 [1955 c.492 §11; repealed by 1971 c.734 §21]

687.110 [Repealed by 1955 c.492 §15]

687.111 [1955 c.492 §8; 1977 c.507 §12; 1979 c.89 §8; 1981 c.398 §1; 1985 c.82 §10; repealed by 1989 c.841 §14]

(State Board)

687.115 State Board of Massage Therapists; members; appointment; terms; meetings; compensation; administrator

The State Board of Massage Therapists operates as a semi-independent state agency subject to ORS 182.456 to 182.472, for purposes of carrying out the provisions of ORS 687.011 to 687.250, 687.895 and 687.991. The board consists of seven members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.5…

687.120 [Repealed by 1955 c.492 §15]

687.121 Rules

The State Board of Massage Therapists may adopt rules: Establishing reasonable standards concerning the sanitary and hygienic conditions of, and public health and safety for, premises and facilities used by massage therapists. Establishing health, safety and infection control requirements for massage facilities. Relating to the methods and procedures used…

687.122 Investigation of violations; power of board; subpoenas

Upon the complaint of any resident of this state, or upon its own motion, the State Board of Massage Therapists may investigate any alleged violation of ORS 687.011 to 687.250, 687.895 and 687.991. In the conduct of investigations, the board may: Take evidence; Take the depositions of witnesses, including the person charged, in the manner provided by law …

687.123 Inspection of massage facilities and other premises

Upon complaint about a massage facility or the premises on which a massage therapist practices massage, the State Board of Massage Therapists or its authorized representative may inspect the massage facility or premises in order to determine whether the massage facility or premises meet the standards set by order of the board under ORS 687.121 (1) or (2).

687.125 [1977 c.507 §17; 1997 c.626 §15; renumbered 687.890 in 1997]

687.130 [Repealed by 1955 c.492 §15]

687.135 [1977 c.507 §4; repealed by 1989 c.841 §14]

687.140 [Repealed by 1955 c.492 §15]

687.150 [Repealed by 1955 c.492 §15]

687.160 [Repealed by 1955 c.492 §15]

687.170 [Repealed by 1955 c.492 §15]

687.180 [Repealed by 1955 c.492 §15]

687.190 [Repealed by 1955 c.492 §15]

687.200 [Repealed by 1955 c.492 §15]

687.210 [Repealed by 1955 c.492 §15]

687.220 [Repealed by 1955 c.492 §15]

687.230 [Repealed by 1955 c.492 §15]

687.240 [Repealed by 1955 c.492 §15]

687.250 Enforcement; penalty

The State Board of Massage Therapists shall report to the proper district attorney all cases that in the judgment of the board warrant criminal prosecution under ORS 687.991. The board may, in its own name, assess a civil penalty against a person who violates a provision of ORS 687.011 to 687.250, 687.895 and 687.991. The board may assess the civil penalty …

687.405 “Direct entry midwifery” defined

As used in ORS 687.405 to 687.495, “direct entry midwifery” means providing the following services for compensation: Supervision of the conduct of labor and childbirth; Providing advice to a parent as to the progress of childbirth; Rendering prenatal, intrapartum and postpartum care; and Making newborn assessments.

687.410 When use of title authorized

A person may not use the title “licensed direct entry midwife,” any abbreviation thereof or the initials “L.D.M.” unless the person possesses an active license issued under ORS 687.405 to 687.495.

687.415 Practice of direct entry midwifery without license prohibited; exceptions

Except as provided in subsection (2) of this section, a person may not practice direct entry midwifery in this state unless the person holds a license to practice direct entry midwifery under ORS 687.405 to 687.495. A person may practice direct entry midwifery in this state without a license to practice direct entry midwifery if: The person is a licensed h…

687.420 Standards for licensing; application; payment by medical assistance program for services provided by licensed midwife

The State Board of Direct Entry Midwifery shall establish standards for qualifications for the licensure of direct entry midwives. Such standards shall: Be consistent with the requirements for becoming a certified professional midwife as established by the North American Registry of Midwives; Require the applicant to hold a Certified Professional Midwife c…

687.425 Renewal of license; effect of failure to renew

The Health Licensing Office shall renew a direct entry midwife license upon: The applicant’s satisfaction of the requirements for renewal under ORS 676.572; Receipt of proof of current cardiopulmonary resuscitation certification for infants and adults; Receipt of the applicable renewal fee established under ORS 676.576; and The applicant’s satisfaction o…

687.430 Waiver of required written examination

A person licensed to practice direct entry midwifery under the laws of another state who demonstrates to the satisfaction of the Health Licensing Office that the person has passed a written examination at least equal to the written examination required of persons eligible for licensure under ORS 687.405 to 687.495 may have the written examination waived purs…

687.435 [1997 c.690 §4; 1999 c.885 §25; 1999 c.990 §3; 2003 c.547 §22; 2005 c.648 §36; 2009 c.701 §22; repealed by 2013 c.314 §65]

687.440 [1993 c.362 §19; 1999 c.885 §24; repealed by 2005 c.648 §121]

687.445 Discipline

In the manner prescribed in ORS chapter 183 for contested cases and in consultation with the Health Licensing Office, the State Board of Direct Entry Midwifery may impose a form of discipline specified in ORS 676.612 and 676.992 (1) and (2) against any person practicing direct entry midwifery for any of the grounds listed in ORS 676.612 and for any violation…

687.450 [1993 c.362 §10; 2001 c.53 §6; repealed by 2003 c.547 §118]

687.455 [1993 c.362 §5; 2001 c.53 §3; 2003 c.547 §24; repealed by 2005 c.648 §121]

(Reporting Obligations)

687.460 Duty to report prohibited conduct

Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensed direct entry midwife who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150. (Stat…

687.470 State Board of Direct Entry Midwifery; establishment; appointment; confirmation; membership; compensation and expenses

There is established within the Health Licensing Office the State Board of Direct Entry Midwifery. The board consists of seven members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board: Four must be licen…

687.475 Officers; meetings; quorum; rules

The State Board of Direct Entry Midwifery shall elect a chairperson. The board shall adopt rules to govern the proceedings of the board. The board shall hold meetings at such times and places as it determines. A majority of the members of the board shall constitute a quorum.

687.480 Rules; practice standards

The State Board of Direct Entry Midwifery shall adopt rules for the administration of ORS 687.405 to 687.495. The board shall adopt practice standards that include: Maintenance of records of care, including patient charts; Participation in peer review; Development of a written plan for emergency transport of patients; Guidelines for equipment; and Main…

687.482 Peer review

Peer review of a licensed direct entry midwife conducted under ORS 687.480 is subject to the provisions of ORS 41.675. Charts and records created during or for the purpose of the practice of direct entry midwifery are not data under ORS 41.675. Peer review that is conducted outside of the Health Licensing Office may not be used to replace office regulatory …

687.485 Authority of Health Licensing Office; rules

In addition to the powers otherwise granted by ORS 687.405 to 687.495, the Health Licensing Office, in consultation with the State Board of Direct Entry Midwifery, may: Determine whether applicants meet the qualifications under ORS 687.405 to 687.495 and grant licenses to qualified applicants upon compliance with the rules of the board; Do any act necessar…

687.490 Protection for person providing information to board or office

A person who in good faith provides information to the State Board of Direct Entry Midwifery or the Health Licensing Office for purposes related to an investigation conducted under ORS 676.560 to 676.625, if the investigation is related to the regulation of direct entry midwifery, or ORS 687.405 to 687.495 is not subject to an action for civil damages as a r…

687.493 Authority to purchase and administer certain legend drugs and devices

A direct entry midwife licensed under ORS 687.405 to 687.495 may purchase and administer authorized scheduled legend drugs and devices that are used in pregnancy, birth, postpartum care, newborn care or resuscitation and that are deemed integral to providing safe care to the public by the State Board of Direct Entry Midwifery by rule. Legend drugs authorize…

687.495 Collection of data on birth and fetal death outcomes

The Center for Health Statistics established under ORS 432.010 shall collect and report data on birth and fetal death outcomes occurring in this state, including intrapartum and neonatal transfers to hospital care from another birthing facility, hospital or other location. The center shall report the data by attendant type. The report shall distinguish outco…

687.890 [Formerly 687.125; 1999 c.537 §20; 1999 c.1084 §17; renumbered 687.250 in 2001]

PENALTIES

687.895 Procedure for civil penalties

Any civil penalty under ORS 687.011 to 687.250, 687.895 and 687.991 shall be imposed as provided in ORS 183.745.

687.990 [Repealed by 1955 c.492 §15]

687.991 Criminal penalties

Except as provided in paragraph (b) of this subsection, violation of ORS 687.021 or of any rule adopted under ORS 687.121 is a Class A misdemeanor. Violation of ORS 687.021 or of any rule adopted under ORS 687.121 is a Class C felony if, at the time of the offense, the person has a prior conviction for violating ORS 687.021 or any rule adopted under ORS 687…