Or. Admin. Code § 334-001-0060 - Definitions
(1) "Advantageous"
means in the Board's best interests, as assessed according to the judgment of
the Board.
(2) "Award" means either
the act or occurrence of the Board's identification of the Person with whom the
Board will enter into a Contract.
(3) "Barter" means partial or complete trade
or exchange of massage or bodywork services for any other type of goods or
service other than money.
(4)
"Board" means the State Board of Massage Therapists or its authorized
representatives as provided by ORS
687.115.
(5) "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.
(6) "Boundary" means the
limits in a professional relationship which create safety based on the needs of
the client.
(7) "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.
(8) "Caring" means acting in a manner in
which things, events, people or relationships matter.
(9) "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;
(b) By a community college or university
approved by the Higher Education Coordinating Commission;
(c)
By an accredited College or
University; or
(d) In
another state and licensed or approved by the appropriate agency in that state.
(10) "Client" means any
individual, group of individuals, or organization to whom an LMT provides
massage
(11) "Client vulnerability"
means factors which diminish a client's ability to be
self-determining.
(12)
"Compensation" means something given or received as payment including but not
limited to bartering, tips, monies, donations, or services.
(13) "Conflict of interest" means any action
or decision or recommendation by an LMT at the detriment of a client.
(14) "Contact hours" means actual
hours in class under the instruction of and in the physical presence of an
instructor; or an interactive distance learning course.
(15) "Contract" means an agreement for
purchase, lease, rental or other acquisition or sale or other disposal by the
Board of Goods or Services.
(16)
"Contract Price" means, as the context requires;
(a) The maximum payments that the Board will
make under a Contract if the Contractor fully performs under the Contract;
(b) The maximum not-to-exceed
amount of payments specified in the Contract; or
(c) The unit prices for Goods and Services
set forth in the Contract.
(17) "Contractor" means the Person with whom
the Board enters into a Contract.
(18) "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.
(19) "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 LMT is providing
or has provided massage or bodywork services to that same client.
(20) "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.
(21) "Emergency" means circumstances that:
(a) Could not have been reasonably foreseen;
(b) Require prompt execution of a
Contract to remedy the condition; and
(c) The circumstances create a substantial
risk of loss or revenue, damage or interruption of services or substantial
threat to property, public health, welfare or safety when the circumstances
could not have been reasonably foreseen;
(22) Equivalent Credit Hours: are those
credit hours as determined by the respective educational institution or its
certified classes or programs
(23)
Good moral character means
(a) An applicant
has not ever before the date of application, been convicted of a felony or an
offense involving moral turpitude or prostitution, solicitation, required to be
a registered sex offender and other similar offense which has a reasonable
relationship to the practice of massage;
(b) Has not ever before the date of
application, been convicted of an act involving dishonest, fraud
misrepresentation, gross negligence or incompetence or is not currently
incarcerated or on community supervision after a period of incarceration in a
local, state or federal penal institution for such an act;
(c) Has not ever before the date of
application, had a professional license revoked or suspended by this state, a
political subdivision of this state, or a regulatory board in another
jurisdiction in the United States, or voluntarily surrendered a professional
license in lieu of disciplinary action;
(d) Has not ever before the date of the
application, had a massage therapy license revoked or suspended by any state or
national massage certifying agency.
(24) "Goods and Services" or "Goods or
Services" means supplies, equipment, materials and services including Personal
Services and any personal property, including any tangible, intangible and
intellectual property and rights and licenses in relation thereto, that the
Board is authorized by law to procure.
(25) "Indorsement" means 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
(26)
"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.
(27) "Licensee" means
any person holding a license, permit, or certificate issued by this Board; an
LMT
(28) "LMT" means a Licensed
Massage Therapist.
(29) "Massage"
or "massage therapy" is defined in ORS
687.011.
(30) "Non-Contact hours" means education
hours independently acquired outside the presence of an instructor.
(31) "Offer" means a response to a request
for price quote or response to a Solicitation Document.
(32) "Offeror" means a Person who submits an
Offer.
(33) Professional fitness
means
(a) An applicant has not ever before
the date of application, been convicted of a felony or an offense involving
moral turpitude or prostitution, solicitation, required to be a registered sex
offender and other similar offense which has a reasonable relationship to the
practice of massage;
(b) Has not
ever before the date of application, been convicted of an act involving
dishonest, fraud misrepresentation, gross negligence or incompetence or is not
currently incarcerated or on community supervision after a period of
incarceration in a local, state or federal penal institution for such an act;
(c) Has not ever before the date
of application, had a professional license revoked or suspended by this state,
a political subdivision of this state, or a regulatory board in another
jurisdiction in the United States, or voluntarily surrendered a professional
license in lieu of disciplinary action;
(d) Has not ever before the date of the
application, had a massage therapy license revoked or suspended by any state or
national massage certifying agency.
(34) "Personal power" means recognizing and
taking personal responsibility for the inherent power differential between the
LMT and the client and recognizing and taking personal responsibility for the
impact of professional decisions, actions and behavior on the client.
(35) "Power differential" means
the basic inequality inherent in the professional relationship between an LMT
and a client in terms of who has the advantage in the relationship. The LMT 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.
(36) "Practical
Work Experience" means experience gained while employed or self-employed
providing legal massage/bodywork to the public within the last five (5) years,
in another state or jurisdiction.
(37) "Practice of massage" is defined in ORS
687.011.
(38) "Professional authority" means the power
inherent in the professional role and which is derived from a combination of an
LMT's specialized or expert knowledge, societal expectations, stated and
unstated client expectations, and an LMT's personal power.
(39) "Professional relationship" means the
relationship established when a LMT contracts with a client, verbally or in
writing, to provide any service associated with the practice of massage or
bodywork.
(40) "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.
(41) "Scope" means the range and attributes
of the Goods or Services described in the applicable Solicitation Document, or
if no Solicitation Document, in the Contract.
(42) "Solicitation Document" means an
Invitation to Bid, Request for Proposal or other document issued to invite
Offers from prospective Contractors.
(43) "Specification" means any description of
the physical or functional characteristics or of the nature of Goods or
Services, including any requirement for inspecting, testing or preparing Goods
or Services for delivery and the quantities of materials to be furnished under
a Contract. Specifications generally will state the result to be obtained.
(44) "Split Fee" means giving or
receiving a commission or payment, either monetary or otherwise, for the
referral of patients.
(45)
"Successful Completion" means the written receipt of credit from classes taken
at a community college or university or the written receipt of a certificate
from a program or private career school.
(46) "Written" or "Writing" means
conventional paper documents, whether handwritten, typewritten or printed, in
contrast to spoken words. It also includes electronic transmissions or
facsimile documents when required by applicable law or permitted by a
Solicitation Document or Contract.
Notes
Statutory/Other Authority: ORS 687.011 & 687.121
Statutes/Other Implemented: ORS 687.011
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