ORS Chapter 690

Chapter 690 — CosmeticProfessionals

 

2009 EDITION

 

 

COSMETICPROFESSIONALS

 

OCCUPATIONSAND PROFESSIONS

 

BARBERING;HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY

 

(Generally)

 

690.005     Definitionsfor ORS 690.005 to 690.235

 

690.015     Prohibitedacts

 

690.025     Exemptions;rules

 

(Certificates,Licenses, Permits and Registrations)

 

690.035     Applicationfor certificate or permit

 

690.046     Practitionercertification requirements; rules

 

690.047     Waiverof educational requirement

 

690.048     Certificateprima facie evidence of right to practice; rules

690.055     Facilitylicense and temporary facility permit requirements

 

690.057     Independentcontractor registration requirements

 

690.065     Examinations

 

690.085     Renewalof certificates, registrations and licenses

 

690.095     Displayof certificate, registration, license, permit or freelance authorization

 

690.105     Demonstrationpermit requirements

 

690.123     Freelanceauthorization; fees

 

(Boardof Cosmetology and Oregon Health Licensing Agency)

 

690.155     Boardof Cosmetology

 

690.165     Powersof board; rules

 

690.167     Disciplinaryauthority of Oregon Health Licensing Agency

 

690.175     Chairperson;rules; meetings; quorum; compensation and expenses

 

690.195     Recordsof Oregon Health Licensing Agency

 

690.205     Rules;approval of Oregon Health Authority; when domestic use of facility permitted

 

690.225     Inspections

 

690.235     Fees;rules; disposition of receipts

 

ELECTROLOGISTS;PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS

 

(Generally)

 

690.350     Definitionsfor ORS 690.350 to 690.430

 

690.355     Licenserequired to perform electrolysis or tattooing; exceptions

 

690.360     Prohibitedacts

 

(Licensing)

 

690.365     Licensefee; general qualifications; initial license; expiration; demonstration andtemporary permits

 

690.370     Examinations

 

690.380     Displayof license required; notice to Oregon Health Licensing Agency of place ofbusiness; notice to licensees; license to operate tattoo facility

 

690.385     Licenserenewal, reactivation and reinstatement fees; continuing education; rules

 

690.390     Requiredstandards for licensees; rules

 

(Administration)

 

690.405     Powersand duties of Oregon Health Licensing Agency relating to practice ofelectrolysis, permanent coloring or tattooing; rules

 

690.407     Disciplinaryauthority of Oregon Health Licensing Agency

 

690.410     Minimumstandards of education and training; rules; schools

 

690.415     Fees;rules; disposition of receipts

 

(AdvisoryCouncil)

 

690.425     Advisorycouncil; membership; terms; compensation

 

690.430     Dutiesof advisory council

 

BODYPIERCING TECHNICIANS

 

690.500     Definitionsfor ORS 690.500 to 690.550

 

690.507     Registrationof body piercing technicians; licensure of body piercing facility; exceptions

 

690.510     Registrationprogram; requirements for issuance; expiration, renewal, reactivation andreinstatement; rules

 

690.515     Disciplinaryauthority of Oregon Health Licensing Agency

 

690.520     Licensingof body piercing facilities; inspections; requirements for issuance;expiration, renewal and reactivation; rules

 

690.530     Bodypiercing facility requirements; rules

 

690.550     Fees;rules; disposition of receipts

 

690.570     Rules

 

PENALTIES

 

690.992     Criminalpenalties

 

BARBERING;HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY

 

(Generally)

 

      690.005Definitions for ORS 690.005 to 690.235. As used in ORS 690.005 to 690.235:

      (1)“Barbering” means any of the following practices, when done upon the human bodyfor cosmetic purposes and not for medical diagnosis or treatment of disease orphysical or mental ailments:

      (a)Shampooing, styling, cutting, singeing and conditioning of the hair of anindividual.

      (b)Applying hair tonics, dressings and rinses.

      (c)Massaging of the scalp, face and neck and applying facial and scalp treatmentswith creams, lotions, oils and other cosmetic preparations, either by hand ormechanical 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 HealthLicensing Agency.

      (3)“Certificate” means a written authorization for the holder to perform in one ormore 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 thehuman body for the purpose of keeping the skin healthy and attractive and not formedical diagnosis or treatment of disease or physical or mental ailments:

      (a)The use of the hands or mechanical or electrical apparatuses or appliances forcleansing, stimulating, manipulating, exfoliating or applying lotions orcreams.

      (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 forthe 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)“Freelance authorization” means a written authorization that allows apractitioner to practice outside or away from a licensed facility.

      (10)“Hair design” means any of the following practices, when done upon the humanbody for cosmetic purposes and not for medical diagnosis or treatment ofdisease 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 hairof an individual.

      (c)Massaging the scalp and neck when performed in conjunction with activities inparagraph (a) or (b) of this subsection.

      (11)“Independent contractor” means a practitioner who qualifies as an independentcontractor under ORS 670.600 and who is not under the control and direction ofa facility license holder.

      (12)“License” means a written authorization issued under ORS 690.055 to a person tooperate a facility for providing services related to one or more fields ofpractice to the public.

      (13)“Nail technology” means any of the following manicuring or pedicuring practicesperformed for cosmetic purposes and not for medical diagnosis or treatment ofdisease or physical or mental ailments:

      (a)Cutting, trimming, polishing, coloring, tinting, cleansing or otherwisetreating 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.

      (14)“Practitioner” means a person certified to perform services included within afield of practice.

      (15)“Registration” means a written authorization issued to an independentcontractor to hold forth to the public as a business entity providing servicesin a field of practice.

      (16)“School” means an educational establishment that has a license issued by theDepartment of Education and is operated for the purpose of teaching one or morefields of practice.

      (17)“Temporary facility permit” means a written authorization issued under ORS690.055 to provide services on a temporary basis in one or more fields ofpractice. [1977 c.886 §1; 1983 c.151 §1; 1987 c.31 §2; 1989 c.171 §81; 1993c.45 §296; 1993 c.267 §1; 1995 c.343 §61; 1999 c.425 §1; 2003 c.547 §38; 2005c.117 §1; 2005 c.648 §50; 2009 c.701 §30]

 

      690.010 [Amended by1969 c.687 §1; 1977 c.270 §1; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.015Prohibited acts.(1) This section establishes prohibitions relating to the practice of hairdesign, barbering, esthetics and nail technology. The prohibitions under thissection are subject to the exemptions under ORS 690.025. A person who commitsan act prohibited under this section is subject to the penalties under ORS690.992 in addition to any administrative action taken by or any civil penaltyimposed by the Oregon Health Licensing Agency under ORS 676.612.

      (2)A person may not:

      (a)Perform or attempt to perform services in a field of practice without acertificate, demonstration permit, registration or freelance authorization.

      (b)Operate a facility without a license or temporary facility permit.

      (c)Perform or attempt to perform services in a field of practice in a facilitythat does not have a license or temporary facility permit.

      (d)Practice hair design, barbering, esthetics or nail technology as an independentcontractor without a registration.

      (e)Display a sign or in any way advertise or purport to offer services in a fieldof practice without first obtaining a permit, certificate, independentcontractor registration or facility license.

      (f)Knowingly make a false statement on an application to obtain or renew acertificate, registration, license or permit or to obtain a freelanceauthorization.

      (g)Allow an individual in the employ or under the supervision or control of theperson 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 freelance authorization.

      (i)Purchase or procure by barter a document evidencing a certificate with intentto 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 freelance authorization.

      (k)Use or attempt to use as valid a fraudulently obtained, counterfeited ormaterially altered document evidencing a certificate, registration, license,permit or freelance authorization. [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; 2009 c.701 §31]

 

      690.020 [Amended by1961 c.300 §3; 1969 c.687 §2; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.025Exemptions; rules.ORS 690.005 to 690.235 do not apply to:

      (1)Persons who perform service without compensation in case of emergency or indomestic administration.

      (2)Persons licensed by a health professional regulatory board listed in ORS676.160 who are acting within the scope of their professional license.

      (3)Persons identified by the Oregon Health Licensing Agency or Board ofCosmetology by rule who are acting under the authority of a hospital or longterm care facility licensed under ORS 441.025 or a residential facilitylicensed under ORS 443.415.

      (4)Persons engaged in rendering emergency medical assistance as defined in ORS30.800.

      (5)Persons licensed by the State Board of Pharmacy, merchants or other individualswhen demonstrating apparatus or supplies for purposes of sale.

      (6)Commissioned medical and surgical officers and personnel of the United StatesArmed Services while operating on a military base and personnel of correctionalinstitutions while operating on the premises of a correctional facility.

      (7)Persons applying temporary makeup, combing hair or applying hair spray, withoutcompensation specifically for the application or combing, for the sole purposeof preparing any individual for a professional photograph or theatricalperformance.

      (8)A student while engaged in training at the direction of and under the directsupervision of the faculty of a school licensed under ORS 345.010 to 345.450 toteach a field of practice.

      (9)The agency may exempt practitioners providing services at charitable or fundraising events. In establishing an exemption, the agency shall consider andevaluate each written request on an individual basis. [1977 c.886 §2; 1983c.151 §3; 1987 c.31 §4; 1993 c.45 §297; 1993 c.267 §3; 1995 c.343 §63; 1999c.425 §3; 2005 c.117 §3; 2009 c.701 §32]

 

      690.030 [Repealed by1977 c.842 §26 and 1977 c.886 §42]

 

(Certificates,Licenses, Permits and Registrations)

 

      690.035Application for certificate or permit. A person desiring to obtain acertificate or demonstration permit shall apply in writing to the Oregon HealthLicensing Agency on a form approved by the agency. Each application shallcontain an affirmation by the applicant that the information contained thereinis accurate. The application must also include evidence establishing to thesatisfaction of the agency that the applicant possesses the necessaryqualifications. [1977 c.886 §4; 1999 c.425 §4; 2005 c.648 §52]