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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 690 Cosmetic Professionals
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As used in ORS
690.005 to 690.235:
(1) “Barbering” means any of the following practices, when done
upon the human body for cosmetic purposes and not for medical diagnosis
or treatment of disease or physical or mental ailments:
(a) Shampooing, styling, cutting, singeing and conditioning of the
hair of an individual.
(b) Applying hair tonics, dressings and rinses.
(c) Massaging of the scalp, face and neck and applying facial and
scalp treatments with creams, lotions, oils and other cosmetic
preparations, either by hand or mechanical appliances, but such
appliances shall not be galvanic or faradic.
(d) Shaving, trimming or cutting of the beard or mustache.
(2) “Board” means the Board of Cosmetology, created within the
Oregon Health Licensing Agency.
(3) “Certificate” means a written authorization for the holder to
perform in one or more fields of practice.
(4) “Cosmetology” means the art or science of beautifying and
improving the skin, nails and hair and the study of cosmetics and their
application.
(5) “Demonstration permit” means a written authorization for a
person to practice, demonstrate and teach one or more fields of practice
on a temporary basis.
(6) “Esthetics” means any of the following skin care practices
performed on the human body for the purpose of keeping the skin healthy
and attractive and not for medical diagnosis or treatment of disease or
physical or mental ailments:
(a) The use of the hands or mechanical or electrical apparatuses or
appliances for cleansing, stimulating, manipulating, exfoliating or
applying lotions or creams.
(b) Temporary removal of hair.
(c) Makeup artistry.
(d) Facial and body wrapping.
(e) Facial and body waxing.
(7) “Facility” means an establishment operated on a regular or
irregular basis for the purpose of providing services in one or more
fields of practice.
(8) “Field of practice” means the following cosmetology disciplines:
(a) Barbering.
(b) Esthetics.
(c) Hair design.
(d) Nail technology.
(9) “Hair design” means any of the following practices, when done
upon the human body for cosmetic purposes and not for medical diagnosis
or treatment of disease or physical or mental ailments:
(a) Shaving, trimming or cutting of the beard or mustache.
(b) Styling, permanent waving, relaxing, cutting, singeing,
bleaching, coloring, shampooing, conditioning, applying hair products or
similar work upon the hair of an individual.
(c) Massaging the scalp and neck when performed in conjunction with
activities in paragraph (a) or (b) of this subsection.
(10) “Independent contractor” means a practitioner who qualifies as
an independent contractor under ORS 670.600 and who is not under the
control and direction of a facility license holder.
(11) “License” means a written authorization issued under ORS
690.055 to a person to operate a facility for providing services related
to one or more fields of practice to the public.
(12) “Nail technology” means any of the following manicuring or
pedicuring practices performed for cosmetic purposes and not for medical
diagnosis or treatment of disease or physical or mental ailments:
(a) Cutting, trimming, polishing, coloring, tinting, cleansing or
otherwise treating the nails of the hands or feet.
(b) Massaging, cleansing, treating or beautifying the hands, arms
below the elbow, feet or legs below the knee.
(c) Applying, sculpturing or removing artificial nails of the hands
or feet.
(13) “Practitioner” means a person certified to perform services
included within a field of practice.
(14) “Registration” means a written authorization issued to an
independent contractor to hold forth to the public as a business entity
providing services in a field of practice.
(15) “School” means an educational establishment that has a license
issued by the Department of Education and is operated for the purpose of
teaching one or more fields of practice.
(16) “Temporary facility permit” means a written authorization
issued under ORS 690.055 to provide services on a temporary basis in one
or more fields of practice. [1977 c.886 §1; 1983 c.151 §1; 1987 c.31 §2;
1989 c.171 §81; 1993 c.45 §296; 1993 c.267 §1; 1995 c.343 §61; 1999 c.425
§1; 2003 c.547 §38; 2005 c.117 §1; 2005 c.648 §50] (1) This section establishes prohibitions
relating to the practice of hair design, barbering, esthetics and nail
technology. The prohibitions under this section are subject to the
exemptions under ORS 690.025. A person who commits an act prohibited
under this section is subject to the penalties under ORS 690.992 in
addition to any administrative action taken by or any civil penalty
imposed by the Oregon Health Licensing Agency under ORS 676.612.
(2) A person may not:
(a) Perform or attempt to perform as a practitioner without a
certificate, demonstration permit or certificate of identification.
(b) Operate a facility without a license or temporary facility
permit.
(c) Operate a facility unless it is at all times under the direct
supervision of a practitioner.
(d) Practice hair design, barbering, esthetics or nail technology
as an independent contractor without a registration.
(e) Display a sign or in any way advertise or purport to offer
services in a field of practice without first obtaining a permit,
certificate, independent contractor registration or facility license.
(f) Knowingly make a false statement on an application to obtain or
renew a certificate, registration, license or permit or to obtain a
certificate of identification.
(g) Allow an individual in the employ or under the supervision or
control of the person to perform in a field of practice without a
certificate or permit.
(h) Sell, barter or offer to sell or barter a document evidencing a
certificate, registration, license, permit or certificate of
identification.
(i) Purchase or procure by barter a document evidencing a
certificate with intent to use it as evidence of the person’s
qualification as a practitioner.
(j) Materially alter with fraudulent intent a document evidencing a
certificate, registration, license, permit or certificate of
identification.
(k) Use or attempt to use as valid a fraudulently obtained,
counterfeited or materially altered document evidencing a certificate,
registration, license, permit or certificate of identification. [1977
c.886 §3; 1981 c.141 §1; 1983 c.151 §2; 1987 c.31 §3; 1993 c.267 §2; 1995
c.343 §62; 1999 c.425 §2; 2003 c.547 §39; 2005 c.117 §2; 2005 c.648 §51]ORS 690.005 to 690.235 do not apply to:
(1) Persons who perform service without compensation in case of
emergency or in domestic administration.
(2) Persons licensed by a health professional regulatory board
listed in ORS 676.160 who are acting within the scope of their
professional license.
(3) Persons identified by the agency or Board of Cosmetology by
rule who are acting under the authority of a hospital or long term care
facility licensed under ORS 441.025 or a residential facility licensed
under ORS 443.415.
(4) Persons engaged in rendering emergency medical assistance as
defined in ORS 30.800.
(5) Persons licensed by the State Board of Pharmacy, merchants or
other individuals when demonstrating apparatus or supplies for purposes
of sale.
(6) Commissioned medical and surgical officers and personnel of the
United States Armed Services while operating on a military base and
personnel of correctional institutions while operating on the premises of
a correctional facility.
(7) Persons applying temporary makeup, combing hair or applying
hair spray, without compensation specifically for the application or
combing, for the sole purpose of preparing any individual for a
professional photograph or theatrical performance.
(8) A student while engaged in training at the direction of and
under the direct supervision of the faculty of a school licensed under
ORS 345.010 to 345.450 to teach a field of practice. [1977 c.886 §2; 1983
c.151 §3; 1987 c.31 §4; 1993 c.45 §297; 1993 c.267 §3; 1995 c.343 §63;
1999 c.425 §3; 2005 c.117 §3](Certificates, Licenses, Permits and Registrations) A person desiring to
obtain a certificate or demonstration permit shall apply in writing to
the Oregon Health Licensing Agency on a form approved by the agency. Each
application shall contain an affirmation by the applicant that the
information contained therein is accurate. The application must also
include evidence establishing to the satisfaction of the agency that the
applicant possesses the necessary qualifications. [1977 c.886 §4; 1999
c.425 §4; 2005 c.648 §52] To qualify
for certification as a practitioner of hair design, barbering, esthetics
or nail technology, an applicant shall:
(1) Successfully complete all courses required by rule of the State
Board of Education for graduation from a school teaching one or more
fields of practice.
(2) Successfully pass the certification examination approved,
administered or recognized by the Board of Cosmetology for the field of
practice in which certification is sought.
(3) Pay all appropriate fees.
(4) Meet any additional requirements the Board of Cosmetology may
impose by rule for certification in a particular field of practice. [1999
c.425 §6 (enacted in lieu of 690.045); 2005 c.117 §4] The Board of Cosmetology
may choose to waive all or part of the educational requirement for an
applicant in a field of practice and allow the applicant to take the
certification examination, provided that the applicant is otherwise
qualified to take the examination and:
(1) The Superintendent of Public Instruction determines that the
applicant’s education or training is substantially equivalent to the
education or training of graduates of schools subject to the rules of the
State Board of Education; or
(2) The applicant is certified in another state. [1999 c.425 §8] (1)
The Oregon Health Licensing Agency shall issue a certificate to each
applicant who qualifies under ORS 690.046. The certificate is prima facie
evidence of the right of the holder to practice in a field of practice
for which the holder has qualified and purports to be a practitioner.
(2) A certificate must show the practitioner’s name, address,
certificate number, expiration date and field of practice for which the
practitioner is qualified to perform services. [1983 c.151 §6; 1993 c.267
§5; 1995 c.343 §65; 1999 c.425 §9; 2003 c.547 §40; 2005 c.648 §53](1) To be issued a license to operate a facility, each
applicant shall:
(a) Be 18 years of age or older, if the applicant is a natural
person.
(b) Comply with the rules of the Board of Cosmetology concerning
health, safety and infection control.
(c) Comply with the applicable health and safety laws and rules of
the Department of Human Services and any other state agencies.
(d) Pay the required fees.
(e) If the applicant is an entity other than a natural person, be
formed and operated in accordance with Oregon law.
(2) To be issued a temporary facility permit, each applicant must:
(a) Operate the facility on a temporary basis for a period not to
exceed 30 consecutive calendar days and in accordance with rules of the
board.
(b) Be 18 years of age or older, if the applicant is a natural
person.
(c) Be under the direct supervision of a practitioner at all times
the facility is open for business.
(d) Apply on forms prescribed by the Oregon Health Licensing Agency
prior to opening for business.
(e) Comply with the rules of the board concerning health, safety
and infection control.
(f) Comply with the applicable health and safety laws and rules of
the Department of Human Services and any other state agencies.
(g) Pay the appropriate application and permit fees.
(h) If the applicant is an entity other than a natural person, be
formed and operated in accordance with Oregon law.
(3) The agency may issue a single facility license to an applicant
pursuant to ORS 676.617.
(4) A license issued under this section shall confer on a facility
owner the right to operate the facility and to advertise the services for
which the facility is licensed.
(5) A facility must at all times be under the direct supervision of
a practitioner. [1977 c.886 §6; 1981 c.141 §2; 1983 c.151 §7; 1993 c.267
§6; 1999 c.425 §10; 2003 c.547 §41; 2005 c.648 §54] (1) To be
issued a registration to operate as an independent contractor, each
applicant shall:
(a) Be 18 years of age or older.
(b) Comply with the rules of the Board of Cosmetology concerning
health, safety and infection control.
(c) Comply with the applicable health and safety laws and rules of
the Department of Human Services and any other state agencies.
(d) Pay the required fees.
(2) A registration shall confer the right to an independent
contractor to advertise and directly offer practitioner services to the
public in a licensed facility or a facility operating under a temporary
facility permit. [1999 c.425 §11; 2003 c.547 §42; 2005 c.648 §55] (1) Examinations shall be given at such times
and places as the Board of Cosmetology may determine, but in no instance
less often than once every month.
(2) The board shall give each qualified applicant notice of the
time and place of the examination.
(3) The board shall determine the subjects, scope and form of and
the passing score for examinations and qualifications for retaking failed
examinations. [1977 c.886 §7; 1993 c.267 §7; 1999 c.425 §12] (1)
All practitioner certificates shall expire on the last day of the month,
two years from the date of issuance, unless renewed prior to the
expiration date by payment of the required renewal fee and compliance
with other requirements as established by the Board of Cosmetology.
(2) All registrations and licenses shall expire on the last day of
the month, one year from the date of issuance, unless renewed prior to
the expiration date by payment of the required renewal fee and compliance
with other requirements as established by the board.
(3) The Oregon Health Licensing Agency may vary the date of
certificate, registration and license renewal by giving to the applicant
written notice of the renewal date being assigned and by making prorated
adjustments to the renewal fee.
(4) A certificate, registration or license not renewed before it
expires may be renewed by payment of the required renewal and late fees
and by compliance with other requirements for renewal as determined by
the board.
(5) A certificate that has not been renewed for a period of two
years after date of expiration may be renewed and restored if the
applicant:
(a) Submits an application for certification;
(b) Satisfactorily passes the examination required by ORS 690.065;
and
(c) Submits payment of the application, examination and certificate
fees at the time of reapplication. [1977 c.886 §9; 1983 c.151 §9; 1987
c.31 §7; 1993 c.267 §9; 1999 c.425 §14; 2005 c.648 §56]Every holder of a certificate,
registration, license, permit or certificate of identification shall
display the document in public view where services are being rendered.
[1977 c.886 §10; 1979 c.663 §1; 1993 c.267 §10; 1999 c.425 §15] (1) A person not
certified under ORS 690.048 who wishes to practice, demonstrate and teach
a field of practice, or perform a field of practice, temporarily and
primarily for educational purposes and who is otherwise qualified as
determined by the Board of Cosmetology shall first obtain a demonstration
permit from the Oregon Health Licensing Agency.
(2) The permit shall specify:
(a) The purpose for which it is granted.
(b) The period during which the person is permitted to practice,
demonstrate and teach, which period shall not exceed 30 days.
(c) The time and place of exercising the privilege granted by the
permit.
(3) A person may be granted a permit if the person:
(a) Makes application to the agency for the permit.
(b) Is currently licensed or certified to practice or teach a field
of practice in another state and presents satisfactory evidence of that
fact to the agency, or is otherwise qualified as determined by the board.
(c) Describes the purpose for which the permit is sought.
(d) Pays the required application and permit fees. [1977 c.886 §11;
1983 c.151 §11; 1987 c.31 §8; 1993 c.267 §11; 1995 c.343 §67; 1999 c.425
§16; 2005 c.648 §57] (1) The Oregon Health
Licensing Agency may issue a practitioner a certificate of identification
to practice outside of or away from a licensed facility.
(2) The Board of Cosmetology shall determine requirements and the
agency shall establish fees for issuance of a certificate of
identification.
(3) Practitioners performing services outside of a licensed
facility under the provisions of a certificate of identification shall
comply with the safety and infection control requirements under ORS
690.165 and 690.205 and rules adopted thereunder. [1977 c.886 §13; 1983
c.151 §12; 1993 c.267 §12; 1999 c.425 §29; 2003 c.547 §45; 2005 c.648 §58](Board of Cosmetology and Oregon Health Licensing Agency) (1)
There is created within the Oregon Health Licensing Agency the Board of
Cosmetology consisting of seven members appointed by the Governor. Each
member of the board shall serve for a term of three years and until a
successor is appointed and qualified. At all times the membership of the
board shall be so constituted that:
(a) Six members of the board shall be practitioners with valid
certificates.
(b) One member shall be a public member who is not a practitioner.
(2) A person is not eligible for appointment as a member of the
board if the person has previously served two terms.
(3) A member of the board serves at the pleasure of the Governor.
Vacancies shall be filled by the Governor, by appointment for the
unexpired term.
(4) The Director of the Oregon Health Licensing Agency, or a
designated representative, shall serve as an ex officio member of the
board but without the right to vote. [1977 c.886 §14; 1983 c.151 §13;
1987 c.414 §84; 1999 c.425 §17; 1999 c.885 §20; 2005 c.648 §59] In addition to the powers otherwise
granted by ORS 345.430 and 690.005 to 690.235, the Board of Cosmetology
shall have the power to:
(1) Determine whether applicants are qualified to take
certification examinations.
(2) Administer, approve or recognize certification examinations and
designate the time, place and administrators of certification
examinations.
(3) Contract for the administration of examinations as part of
regional or national examinations and contract with independent testing
services for examination administration.
(4) Pursuant to ORS 676.607, direct the Oregon Health Licensing
Agency to issue certificates, registrations, licenses, permits and
certificates of identification to individuals determined by the board to
be qualified.
(5) Except as otherwise provided in ORS 690.205 (2) or other
provision of law, adopt rules establishing and enforcing standards for
safety, infection control, professional conduct and any other matters
relating to fields of practice, facilities or locations used by persons
providing services regulated by ORS 690.005 to 690.235.
(6) Pursuant to ORS 676.612 and 690.167, direct the agency to
suspend, revoke, limit or refuse to issue or renew certificates,
registrations, licenses or permits or impose a period of probationary
activity on the holder thereof.
(7) Do any act necessary or proper to effect and carry out the
duties required of the board by ORS 690.005 to 690.235.
(8) Adopt rules prescribing standards of professional conduct for
persons practicing hair design, barbering, esthetics or nail technology.
(9) Consult with the agency about the issuance and renewal of a
single facility license under ORS 676.617 authorizing a facility to
provide cosmetology services. [1977 c.886 §21; 1983 c.151 §14; 1987 c.31
§9; 1993 c.267 §13; 1995 c.343 §68; 1999 c.425 §18; 2003 c.547 §46; 2005
c.117 §6; 2005 c.648 §60]
In the manner prescribed in ORS chapter 183 for contested cases and at
the direction of the Board of Cosmetology, the Oregon Health Licensing
Agency may impose a form of discipline listed in ORS 676.612 against any
person practicing barbering, cosmetology, hair design, esthetics or nail
technology for any of the grounds listed in ORS 676.612 and for any
violation of the provisions of ORS 690.005 to 690.235, or the rules
adopted thereunder. [2003 c.547 §43; 2005 c.117 §7; 2005 c.648 §61](1) The Board of Cosmetology shall elect a chairperson. The
board shall prescribe rules to govern the proceedings of the board. The
board shall hold meetings at such times and places as it determines, but
shall meet at least once each year. A majority of the voting members of
the board shall constitute a quorum.
(2) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495. [1977 c.886 §§16,17; 1999 c.425 §19] (1) The Oregon
Health Licensing Agency shall keep a record of its proceedings relating
to the issuance, refusal, suspension and revocation of certificates,
registrations, licenses and permits and to the imposition of probation.
This record shall also contain the name, place of business and the date
of each certificate, registration, license and permit issued by the
agency.
(2) The agency shall keep a record of all complaints received,
including the date of receipt, name and place of business of each
practitioner involved, the name and address of each complainant and the
nature of the complaint.
(3) The records of the agency shall at all reasonable times be open
to inspection by the public. [1977 c.886 §19; 1987 c.31 §10; 1993 c.267
§14; 1999 c.425 §20; 2003 c.547 §47; 2005 c.648 §62](1) The Board of Cosmetology may
adopt rules for the administration of ORS 345.440 and 690.005 to 690.235
and for prescribing safety and infection control requirements for
facilities. Infection control requirements for facilities shall be
subject to the approval of the Department of Human Services. A copy of
the rules adopted by the board shall be furnished by the board to the
owner or manager of each facility.
(2) Notwithstanding subsection (1) of this section, the board may
not prohibit the use of the facility for domestic purposes if the part
devoted to domestic purposes is in a completely separate room not used by
customers, with walls extending from floor to ceiling and with any
connecting doors kept closed while the facility is in actual operation.
(3) Rules adopted by the board prescribing safety and infection
control requirements for facilities shall be adopted in accordance with
the procedures set forth in ORS chapter 183. [1977 c.886 §§20,22(2); 1983
c.151 §16; 1993 c.267 §15; 1999 c.425 §21; 2003 c.547 §48; 2005 c.648 §63] (1) In addition to any other duties prescribed
by law, the Oregon Health Licensing Agency shall provide for the
inspection of facilities and schools licensed to teach practitioner
skills under ORS 345.010 to 345.450.
(2) Inspections conducted under this section shall determine
whether the facilities comply with the health, safety, infection control
and licensing rules of the Board of Cosmetology and whether the schools
comply with the health, safety and infection control requirements under
ORS 345.010 to 345.450 and rules of the agency. A report of the results
of the inspection shall be submitted to the Department of Education.
[1977 c.886 §26; 1983 c.151 §17; 1987 c.31 §11; 1987 c.414 §86; 1989
c.491 §68; 1993 c.45 §299; 1993 c.267 §16; 1995 c.343 §69; 1999 c.425
§23; 1999 c.885 §21a; 2003 c.547 §49; 2005 c.648 §64] (1) The Oregon Health
Licensing Agency, in consultation with the Board of Cosmetology, shall
establish by rule and collect fees related to the practice of
cosmetology. Fees may be assessed for the following:
(a) Application for a certificate, license or permit.
(b) Issuance of an original two-year practitioner certificate.
(c) Renewal of a two-year practitioner certificate.
(d) Each initial examination section in an individual field of
practice and reexamination of failed sections.
(e) Issuance of a demonstration permit.
(f) Issuance of a facility license.
(g) Renewal of a facility license.
(h) Issuance of a temporary facility permit.
(i) Issuance of an independent contractor registration.
(j) Renewal of an independent contractor registration.
(k) Issuance of a duplicate or replacement certificate, license or
permit.
(L) Late renewal fee.
(m) Reciprocity fee.
(n) Issuance of a certificate of identification.
(2) All moneys received by the agency under this section shall be
paid into the General Fund of the State Treasury and credited to the
Oregon Health Licensing Agency Account, and are appropriated continuously
to and shall be used by the agency only for the administration and
enforcement of ORS 690.005 to 690.235.
(3) The fees established by the agency under subsection (1) of this
section are subject to the prior approval of the Oregon Department of
Administrative Services. The fees shall not exceed the cost of
administering ORS 690.005 to 690.235 pertaining to the purpose for which
the fee is established, as authorized by the Legislative Assembly within
the budget of the agency, as that budget may be modified by the Emergency
Board.
(4) In addition to the fees established under subsection (1) of
this section, the agency may assess fees for providing copies of official
documents or records and for recovering administrative costs associated
with compiling, photocopying or preparing and delivering the records.
[1977 c.886 §23; 1981 c.141 §3; 1983 c.151 §18; 1987 c.414 §87; 1989
c.675 §1; 1993 c.267 §17; 1999 c.425 §25; 1999 c.885 §22; 2003 c.547 §50;
2005 c.648 §65]ELECTROLOGISTS; PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS(Generally) As used in ORS
690.350 to 690.430, unless the context requires otherwise:
(1) “Council” means the Advisory Council for Electrologists and
Permanent Color Technicians and Tattoo Artists, created in the Oregon
Health Licensing Agency.
(2) “Electrologist” means a person who practices electrolysis
pursuant to the provisions of ORS 690.350 to 690.430.
(3) “Electrology facility” means any room or space or any part
thereof where electrolysis is practiced or where the business of
electrology is conducted.
(4) “Electrolysis” means the process by which hair, with a series
of treatments, is permanently removed from the skin by inserting a
needle-conductor into the hair follicle and directing electrical energy
toward the hair cell. The word “electrolysis” is used in generic form in
ORS 690.350 to 690.430 and refers to modalities of galvanic electrolysis,
thermolysis and combinations thereof.
(5) “Licensed electrologist” means a person licensed under the
provisions of ORS 690.350 to 690.430 to practice electrolysis.
(6) “Licensed permanent color technician and tattoo artist” means a
person licensed under the provisions of ORS 690.350 to 690.430 to
practice tattooing.
(7) “Permanent color technician and tattoo artist” means a person
who practices tattooing pursuant to the provisions of ORS 690.350 to
690.430.
(8) “Physician” means a person licensed to practice the healing
arts by this state pursuant to ORS chapter 677, 684 or 685.
(9) “Schools of electrolysis” means career schools licensed by the
Department of Education under ORS 345.010 to 345.450 where electrolysis
and related subjects are taught.
(10) “Schools of permanent coloring or tattooing” means career
schools licensed by the Department of Education under ORS 345.010 to
345.450 in which permanent coloring or tattooing and related subjects are
taught.
(11) “Tattoo” means the indelible mark, figure or decorative design
introduced by insertion of nontoxic dyes or pigments into or under the
dermal portion of the skin upon the body of a live human being.
(12) “Tattooing” means the process by which the skin is marked or
colored by insertion of nontoxic dyes or pigments into or under the
dermal portion of the skin so as to form indelible marks for cosmetic,
medical or figurative purposes.
(13) “Tattoo facility” means any room or space or any part thereof
where tattooing is practiced or where the business of tattooing is
conducted.
(14) “Teacher” means a person who is registered by the Department
of Education to teach in a school of electrolysis or school of permanent
coloring or tattooing pursuant to the provisions of ORS 345.010 to
345.450 and 690.350 to 690.430. [1987 c.698 §1; 1993 c.30 §1; 1993 c.45
§300; 1999 c.885 §37; 2003 c.547 §51; 2005 c.648 §66]No person, including an electrologist or a permanent color
technician and tattoo artist, shall perform electrolysis or tattooing,
display a sign or in any other way advertise or purport to be an
electrologist or permanent color technician and tattoo artist unless that
person holds a valid license issued by the Oregon Health Licensing
Agency. However, ORS 690.350 to 690.430 do not prevent or affect the use
of electrolysis or tattooing by a physician, a person under the control
and supervision of a physician or any other person specifically permitted
to use electrolysis or tattooing by law. [1987 c.698 §2; 1989 c.171 §82;
1993 c.30 §2; 1999 c.885 §38; 2005 c.648 §67] No person shall:
(1) Sell, barter or offer to sell or barter a license;
(2) Purchase or procure by barter a license with intent to use it
as evidence of the person’s qualification to practice electrolysis or
tattooing;
(3) Alter materially a license with fraudulent intent;
(4) Use or attempt to use as a valid license a license which has
been purchased, fraudulently obtained, counterfeited or materially
altered; or
(5) Willfully make a false, material statement in an application
for licensure or for renewal of a license.
(6) Operate an electrology facility or tattoo facility without
obtaining an electrology facility license or tattoo facility license.
[1987 c.698 §13; 1993 c.30 §3; 2003 c.547 §52](Licensing)(1) An applicant for licensure shall pay a fee established by
the Oregon Health Licensing Agency under ORS 690.350 to 690.430 and shall
show to the satisfaction of the agency that the applicant:
(a) Has complied with the provisions of ORS 690.350 to 690.430 and
the applicable rules of the agency;
(b) Is not less than 18 years of age;
(c) Has a high school diploma or equivalent education;
(d) Has submitted evidence of completion of education and training
prescribed and approved by the agency under ORS 690.410; and
(e) Has passed an examination approved, administered or recognized
by the agency.
(2) Subject to the provisions of ORS 676.612, the agency shall
issue a license to each applicant who provides evidence satisfactory to
the agency of completion of all requirements for licensure. An initial
license shall be issued for one year and expires unless renewed on or
before the expiration date by payment of required fees and demonstration
of completion of continuing education requirements specified by rule.
[1987 c.698 §3; 1993 c.30 §4; 2001 c.104 §264; 2003 c.547 §53; 2005 c.648
§68] (1) An applicant for licensure who is
notified by the Oregon Health Licensing Agency that the applicant has
fulfilled the requirements of ORS 690.365 (1)(a) to (d) shall appear at a
time, place and before such persons as the agency may designate, for an
examination.
(2) The agency shall offer an examination at least twice a year.
The applicant who fails any part of the examination may apply to retake
the failed section or sections twice without being required to obtain
additional training. [1987 c.698 §4; 2001 c.104 §265; 2003 c.547 §54;
2005 c.648 §69](1) A person who holds a license under ORS
690.350 to 690.430 shall notify the Oregon Health Licensing Agency in
writing of the regular address of the place or places where the person
performs or intends to perform electrolysis or tattooing and shall keep
the license conspicuously posted in the place of business at all times.
(2) The agency shall keep a record of the place or places of
business of each person who holds a license.
(3) Any notice required to be given by the agency to a person who
holds a license may be given by mailing the notice to the address of the
last place of business of which the person has notified the agency.
(4) The agency shall issue to each qualified applicant a license to
operate an electrology facility and to advertise electrolysis services
for which the facility is licensed.
(5) The agency shall issue to each qualified applicant a license to
operate a tattoo facility and to advertise permanent coloring or
tattooing services for which the facility is licensed.
(6) The agency may issue a single facility license to an applicant
pursuant to ORS 676.617. [1987 c.698 §8; 1993 c.30 §5; 2001 c.104 §266;
2003 c.547 §55; 2005 c.648 §70](1) Except as otherwise provided
in this section, a license issued under ORS 690.365 expires one year
after the date of issue unless renewed by payment of the required renewal
fee. The Oregon Health Licensing Agency, however, may vary the date of
license renewal by giving to the applicant written notice of the renewal
date being assigned and by making prorated adjustments in the renewal
fee. If payment is transmitted by postal service, the envelope must be
postmarked on or before the expiration of the license. If the license
expires, the license may be renewed on payment of a renewal fee and late
penalty fee established by the agency under ORS 690.350 to 690.430.
(2) The agency may suspend the license of any person who fails to
renew. A suspended license may be reactivated upon the payment of a
reactivation fee established by the agency under ORS 690.350 to 690.430
and all past unpaid renewal fees.
(3) A person applying for reactivation shall not be required to
take an examination as a condition of reactivation if the reactivation
occurs within three years after the date of the license expired.
(4) All electrologists and permanent color technicians and tattoo
artists must participate in continuing education, with guidelines and
effective date to be established by rule of the agency. [1987 c.698 §9;
1993 c.30 §6; 2001 c.104 §267; 2003 c.547 §56; 2005 c.648 §71] Licensed
practicing electrologists and permanent color technicians and tattoo
artists shall meet the following standards and any others the Oregon
Health Licensing Agency may adopt by rule:
(1) Electrolysis and tattooing instruments shall be sterilized in
accordance with methods approved by the rules of the agency;
(2) Practicing electrologists and permanent color technicians and
tattoo artists shall be equipped with appropriate sterilizing equipment,
with availability of hot and cold running water and a covered waste
receptacle; and
(3) Case history cards shall be kept for each client. [1987 c.698
§11; 1993 c.30 §7; 2005 c.648 §72](Administration)The powers and duties of the Oregon Health Licensing Agency as
related to ORS 690.350 to 690.430 are as follows:
(1) To authorize all disbursements necessary to carry out the
provisions of ORS 690.350 to 690.430;
(2) To determine training and experience requirements for taking
the examination and to supervise and administer examinations to test the
knowledge of applicants for licensure;
(3) To license persons who apply to the agency and who have
qualified to practice electrolysis, permanent coloring or tattooing;
(4) To rent facilities when necessary to carry out the examination
of applicants for licensure;
(5) To renew licenses;
(6) To suspend or revoke licenses or place licensees on probation
in the manner provided by ORS 690.350 to 690.430;
(7) To appoint representatives to conduct or supervise the
examination of applicants for licensure;
(8) To designate the time and place for examining applicants for
licensure;
(9) Subject to the provisions of ORS chapter 183, to adopt rules
that are necessary to carry out the provisions of ORS 690.350 to 690.430;
(10) To carry out the periodic inspection of facilities of persons
who practice electrolysis or tattooing;
(11) To issue a tattoo facility license or a temporary facility
permit to qualified applicants upon compliance with ORS 690.350 to
690.430;
(12) To issue an electrology facility license or a temporary
facility permit to qualified applicants upon compliance with ORS 690.350
to 690.430; and
(13) Notwithstanding ORS 690.355, to issue demonstration and
temporary permits to perform services as prescribed by agency rule.
(14) To issue a single facility license to an applicant pursuant to
ORS 676.617. [1987 c.698 §15; 1993 c.30 §9; 1999 c.885 §39; 2003 c.547
§59; 2005 c.648 §73]
In the manner prescribed in ORS chapter 183 for contested cases, the
Oregon Health Licensing Agency may impose a form of discipline listed in
ORS 676.612 against any person practicing electrolysis or permanent
coloring or tattooing for any of the grounds listed in ORS 676.612, and
for any violation of the provisions of ORS 690.350 to 690.430, or the
rules adopted thereunder. [2003 c.547 §57; 2005 c.648 §74](1) The Oregon Health Licensing Agency, in accordance with ORS
chapter 183 and in consultation with the Advisory Council for
Electrologists and Permanent Color Technicians and Tattoo Artists, shall
adopt by rule minimum standards of education and training requirements
for the practice of electrolysis, permanent coloring and tattooing.
(2) The agency shall approve electrolysis, permanent coloring and
tattooing courses of study. An outline of instruction shall be filed with
the agency and with the Department of Education. The outline must include
the approved courses, total hours of instruction, hours of lectures in
theory and the hours of instruction in application of practical skills.
(3) Schools of electrolysis and schools of permanent coloring or
tattooing must comply with the agency’s safety and infection control
rules and are subject to inspection at the discretion of the agency and
the Department of Education. A report of the results of each inspection
shall be submitted to the department.
(4) An owner of a facility that is also licensed by the Department
of Education as a school of electrolysis or a school of permanent
coloring or tattooing under ORS 345.010 to 345.450 may employ an
individual licensed under ORS 690.350 to 690.430 and registered as a
teacher by the Department of Education to perform electrolysis, permanent
coloring or tattooing for instructional purposes. [1987 c.698 §6; 1989
c.475 §1; 1989 c.491 §69; 1993 c.30 §10; 1993 c.45 §301; 1999 c.885 §40;
2001 c.104 §269; 2003 c.547 §60; 2005 c.648 §75] (1) The Oregon Health
Licensing Agency shall establish by rule and collect fees related to
electrologists and permanent color technicians and tattoo artists for:
(a) Application.
(b) Examination.
(c) Reexamination.
(d) Reciprocity.
(e) Initial annual license.
(f) License renewal, active and inactive.
(g) Late renewal.
(h) License reactivation.
(i) Duplicate license.
(j) Demonstration and temporary permits.
(k) Facility license issuance and renewal, active or inactive.
(L) Providing copies of official documents or records and for
recovering administrative costs associated with compiling, photocopying
or preparing and delivering the records.
(2) All moneys received by the agency under this section shall be
paid into the General Fund of the State Treasury and credited to the
Oregon Health Licensing Agency Account, and are appropriated continuously
to and shall be used by the agency only for the administration and
enforcement of ORS 690.350 to 690.430.
(3) The fees established by the agency under this section are
subject to the prior approval of the Oregon Department of Administrative
Services. The fees established under this subsection shall not exceed the
cost of administering the regulatory program under ORS 690.350 to 690.430
pertaining to the purpose for which the fee is established, as authorized
by the Legislative Assembly within the budget for ORS 690.350 to 690.430,
as the budget may be modified by the Emergency Board. [1987 c.698 §5;
1991 c.703 §33; 1993 c.30 §11; 2001 c.104 §270; 2003 c.547 §61; 2005
c.648 §76](Advisory Council) (1)
There hereby is created in the Oregon Health Licensing Agency the
Advisory Council for Electrologists and Permanent Color Technicians and
Tattoo Artists. The council shall consist of five members to be appointed
by the Governor.
(2) Members of the council shall be residents of this state. Two
members must be practicing electrologists with a minimum of two years of
experience. One member shall be a licensed and practicing permanent color
technician and tattoo artist. One member shall be a licensed physician in
this state. One member shall be a public member who does not possess the
professional qualifications of other members.
(3) No person shall serve more than two consecutive two-year terms.
(4) The term of office of a member shall begin on January 1. A
member shall continue to serve until a successor who qualifies has been
appointed. Before a member’s term expires, the Governor shall appoint a
successor to assume the duties of office on January 1 at the expiration
of the predecessor’s term.
(5) A vacancy on the council shall be filled by appointment for the
unexpired term through a list of qualified names submitted to the
Governor.
(6) The council shall meet at least once a year.
(7) Members of the council shall be entitled to compensation and
expenses as provided in ORS 292.495. [1987 c.698 §24; 1993 c.30 §12; 1999
c.885 §42; 2003 c.547 §62; 2005 c.648 §77] (1) The Advisory Council for
Electrologists and Permanent Color Technicians and Tattoo Artists shall
have the responsibility and duty of advising the Oregon Health Licensing
Agency in all matters relating to ORS 690.350 to 690.430, shall prepare
or adopt the examinations required by ORS 690.350 to 690.430 subject to
the approval of the agency and shall assist the agency in carrying out
the provisions of ORS 690.350 to 690.430.
(2) The agency shall consider and be guided by the recommendations
of the council in all matters relating to ORS 690.350 to 690.430. [1987
c.698 §26; 2001 c.104 §271; 2003 c.547 §63; 2005 c.648 §78]BODY PIERCING TECHNICIANS As used in ORS
690.500 to 690.550:
(1) “Body piercing” means the puncturing of a part of the body of a
live human being so as to create a permanent hole for cosmetic purposes.
(2) “Body piercing facility” means any room, space, location,
place, area, structure or business, or any part thereof, where body
piercing is practiced or where the business of body piercing is conducted.
(3) “Body piercing technician” means a person who practices body
piercing pursuant to the provisions of ORS 690.500 to 690.570. [1995
c.562 §1; 1999 c.885 §51; 2003 c.547 §66; 2005 c.648 §79]Note: 690.500 to 690.570 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 690 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) A person may not provide body
piercing services without a body piercing technician registration issued
by the Oregon Health Licensing Agency.
(2) A person may not operate a body piercing facility without a
body piercing facility license issued by the agency.
(3) This section does not prevent or affect the use of body
piercing by a physician, a person under the control and supervision of a
physician or any other person specifically permitted by law to engage in
body piercing. [2003 c.547 §64; 2005 c.648 §80]Note: See note under 690.500.(1) In addition to any
other duties prescribed by law, there is established within the Oregon
Health Licensing Agency a registration program to provide for the
registering of body piercing technicians.
(2) The agency shall issue a body piercing technician registration
to any person who:
(a) Files an application in the form and manner prescribed by the
agency;
(b) Pays the application and registration fees prescribed by the
agency;
(c) Affirms by written signature on a form prescribed by the agency
receipt of:
(A) An information packet regarding safety, infection control and
sterilization requirements adopted by the agency by rule;
(B) A copy of the written notification for clients advising of the
risks and possible consequences of body piercing services; and
(C) A disclosure statement to be posted in public view within the
licensed body piercing facility; and
(d) Complies with all other requirements established by the agency.
(3) A registration issued under this section shall state that
registration does not attest to the body piercing technician’s
qualifications based on training or education, nor does the registration
validate minimum competency to perform body piercing services.
(4) The body piercing technician registration shall be posted in a
conspicuous place on the premises of a licensed body piercing facility.
(5) A registration issued under this section expires annually and
may be renewed upon application to the agency, payment of the renewal fee
established pursuant to ORS 690.550 and compliance with ORS 690.500 to
690.550 and rules adopted by the agency pursuant to ORS 690.500 to
690.550. [1995 c.562 §2; 1999 c.885 §52; 2003 c.547 §67; 2005 c.648 §81]Note: See note under 690.500.
In the manner prescribed in ORS chapter 183 for contested cases, the
Oregon Health Licensing Agency may impose a form of discipline listed in
ORS 676.612 against any person practicing body piercing for any of the
grounds listed in ORS 676.612, and for any violation of the provisions of
ORS 690.500 to 690.550 or the rules adopted thereunder. [2003 c.547 §72;
2005 c.648 §82]Note: See note under 690.500.(1) In
addition to any other duties prescribed by law, there is established
within the Oregon Health Licensing Agency a licensing program to provide
for the licensing of body piercing facilities.
(2) Pursuant to ORS 676.618, the agency shall conduct periodic
inspections of body piercing facilities to determine compliance with
safety, infection control and sterilization requirements.
(3) The agency shall issue a body piercing facility license to any
person who:
(a) Files an application in the form and manner prescribed by the
agency;
(b) Pays the application and license fees prescribed by the agency;
(c) Demonstrates compliance with all safety, infection control and
sterilization requirements adopted by the agency by rule; and
(d) Complies with all other requirements established by the agency.
(4) A license issued under this section expires annually and may be
renewed upon application to the agency, payment of the renewal fee
established pursuant to ORS 690.550 and compliance with ORS 690.500 to
690.550 and rules adopted by the agency pursuant to ORS 690.500 to
690.550.
(5) The body piercing facility license shall be posted in a
conspicuous place on the premises of the facility.
(6) The agency may issue a single facility license to an applicant
pursuant to ORS 676.617. [1995 c.562 §3; 1999 c.885 §53; 2003 c.547 §68;
2005 c.648 §83]Note: See note under 690.500. Any person
operating a body piercing facility licensed under ORS 690.520 shall:
(1) Provide to all customers a written statement approved by the
Oregon Health Licensing Agency that advises the customer of risks or
dangers involved in the procedure and all complications that may occur;
(2) Post in public view in the body piercing facility a disclosure
statement established by the agency by rule; and
(3) Post in public view in the body piercing facility a notice
containing the address of the agency and the procedure for filing a
complaint as established by the agency by rule. [1995 c.562 §4; 2001
c.104 §272; 2005 c.648 §84]Note: See note under 690.500. (1) The Oregon Health
Licensing Agency shall establish by rule and collect fees related to body
piercing. Fees may be assessed for:
(a) Facility application.
(b) Initial facility license.
(c) Annual renewal of facility license.
(d) Technician application.
(e) Initial technician registration.
(f) Annual renewal of technician registration.
(g) Duplicate license or registration.
(2) The fees in subsection (1) of this section shall not exceed the
cost of administering the regulatory programs established pursuant to ORS
690.500 to 690.550 pertaining to the purpose for which each fee is
established.
(3) In addition to the fees established under subsection (1) of
this section, the agency may assess fees for the actual cost of providing
copies of official documents or records, including but not limited to the
administrative costs associated with compiling, photocopying or preparing
and delivering the documents or records.
(4) All moneys received by the agency under this section shall be
paid into the General Fund in the State Treasury and credited to the
Oregon Health Licensing Agency Account, and such moneys are appropriated
continuously to and shall be used by the agency only for the
expenditures, including but not limited to costs associated with
staffing, needed for the administration and enforcement of ORS 690.500 to
690.570. [1995 c.562 §6; 1999 c.885 §55; 2003 c.547 §69; 2005 c.648 §85]Note: See note under 690.500. In accordance with ORS chapter 183, the Oregon
Health Licensing Agency shall adopt rules necessary to implement and
enforce ORS 690.500 to 690.550. [1995 c.562 §9; 2003 c.547 §71; 2005
c.648 §86]Note: See note under 690.500.PENALTIES(1) Violation of ORS 690.015 is a Class
B misdemeanor.
(2) Violation of ORS 690.355 or 690.360 is a Class A misdemeanor.
(3) Violation of ORS 690.507 is a Class A misdemeanor. [1977 c.886
§25; subsection (2) enacted as 1987 c.698 §14; 2003 c.547 §74]Note: 690.992 (2) was enacted into law by the Legislative Assembly
but was not added to or made a part of ORS chapter 690 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
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