Oregon Bulletin
April 1, 2011
Rule
Caption: Amend requirements regarding
application, certificate of identification and reinstatement of a certificate.
Adm.
Order No.: BOC 1-2011(Temp)
Filed with Sec. of
State: 3-1-2011
Certified to be
Effective: 3-1-11 thru 8-10-11
Notice Publication
Date:
Rules Amended: 817-030-0005, 817-030-0015, 817-030-0018,
817-035-0050, 817-040-0003
Subject: It is necessary to amend OAR 817-030-0005 and
817-030-0015 because the agency and the board do not have statutory authority
to send non-credentialed candidates to a school for additional training or a
practical examination. The Department of Education Private Career Schools may
refer the candidate to a career school if documentation listed under ORS
345.400 is not available.
It is necessary
to amend OAR 817-030-0018 “Examination for Reinstatement of Certification” to
require an individual attain a passing score on the Board approved written
examination(s) within two years of application. Align delinquency fee with
three year late renewal deadline.
It is necessary
to amend OAR 817-035-0050 “Application and Criteria for Certificate of
Identification” to align with renewal requirements for other professions
regulated by OHLA, and to provide clarity regarding specific requirements to
renew a certification of identification.
It is all
necessary to remove OAR 817-035-0050(7) in order to align with statutory
requirements regarding where services can be provided by a Certificate of
Identification holder.
Rules Coordinator: Samantha Patnode—(503) 373-1917
817-030-0005
Qualification and Training
Requirements
To obtain an Oregon certificate in one or more fields
of practice, individuals must complete required application documentation
prescribed by the agency under OAR 331-030-0000 and 817-030-0015 provide
satisfactory evidence of meeting certification requirements, which includes
qualifying criteria listed in one of the following certification pathways, and
submit payment of required fees.
(1) CERTIFICATION PATHWAY ONE Graduate from Oregon
Licensed Career School: Applicants must meet the education and training requirements
in effect at the time of application. Applicants shall complete and pass
courses required by the Oregon Department of Education, Private Career Schools,
in one or more of the following educational programs offered through an Oregon
licensed career school, and must also pass a written and practical examination
approved or recognized by the Board of Cosmetology in accordance with OAR
817-030-0040:
(a) Hair design — 1,450 hour course;
(b) Barbering — 1,100 hour course;
(c) Esthetics — 250 hour course;
(d) Nail technology — 350 hour course;
(e) Mandatory completion of a 150 hour safety and
infection control course and a 100 hour career development course in addition
to any one or more of the approved programs listed in (a) through (d) of this rule.
The Board recognizes a final practical examination, prescribed by the
Department of Education, Private Career Schools in collaboration with the
Board, which establishes standard examination criteria and testing protocols,
as its qualifying practical certification examination. Authorized Oregon
licensed career school personnel conduct the practical examination.
(2) CERTIFICATION PATHWAY TWO Oregon Certification by
Reciprocity: The Board recognizes at its discretion other states’, and
countries’, equivalent education, examination and licensing requirements. To be
certified in one or more a field of practice, applicants are required to meet
OAR 817-030-0015(1) and the following criteria:
(a) The applicant shall arrange for Affidavit of
Licensure as defined in OAR 331-030-0040 be provided to the Agency. The
applicant is responsible for payment of any service fee the originating state
may assess for producing the affidavit.
(b) Completion of a state-approved board examination
for certification/licensure and graduation from a licensed cosmetology school.
(c) Completion of the Oregon Laws and Rules
examination.
(3) Applicants holding current certification/licensure
from out-of-state who do not qualify for Oregon certification by means of
reciprocity as specified in subsection (3) of this rule must complete and pass
the qualifying examination(s) required in OAR chapter 817, division 030.
Stat. Auth.: ORS 690.035, 690.046
& 690.165
Stats. Implemented: ORS 690.035,
690.046 & 690.165
Hist.: BH 2-1978, f. & ef. 11-29-78;
BH 1-1981, f. & ef. 10-1-81; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f.
& cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f.
6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996,
f-5-31-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BOC
1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02;
BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef.
3-15-06; BOC 3-2008(Temp), f. 11-28-08, cert. ef. 12-1-08 thru 4-30-09;
Administrative correction 5-20-09; BOC 1-2009, f. & cert. ef. 6-1-09; BOC
1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-10-11
817-030-0015
Practitioner Application
Requirements
(1) Applicants must meet all of the requirements of OAR
331-030-0000 in addition to the provisions of this rule. Before being
authorized to take an examination at any of the agency approved testing
locations, the completed application documentation must be on file with the
agency and eligibility for examination established. Refer to OAR 817-030-0020.
(2) Applicants must provide, or cause to be delivered
to the agency, prescribed documentation verifying training and/or licensure,
according to one of the qualification pathways listed under. OAR 817-030-0005:
(a) Official transcript/Oregon Career School: completed
official transcript, issued by an Oregon licensed career school of barbering,
hair design, esthetics or nail technology, and completed original official
transcript of practical examination, signed by the authorized school personnel
proctoring the Board sanctioned examination, certifying that criteria for the
practical examination was met and that the applicant satisfactorily
demonstrated minimum competencies established by the Department of Education,
Private Career Schools, in collaboration with the Board.
(b) Reciprocity: The applicant shall arrange for
Affidavit of Licensure as defined in OAR 331-030-0040 be provided to the
Agency. The applicant is responsible for payment of any service fee the
originating state may assess for producing the affidavit.
(3) Application documentation required for an
examination and certification must be submitted to the Oregon Health Licensing
Agency in English. If documents require translation, a copy of the official
document(s), in the original language, must be submitted with the written
translation in English.
Stat. Auth.: ORS 676.615, 690.035
& 690.165
Stats. Implemented: ORS 676.615,
690.035 & 690.165
Hist.: BH 2-1978, f. & ef.
11-29-78; BH 1-1981, f. & ef. 10-1-81; BH 4-1984, f. & ef. 12-7-84; BH
1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH
1-1992, f. 6-1-92, cert. ef. 7-1-92; Renumbered from 817-030-0010; BH 3-1994,
f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BH
1-1997, f. 7-22-97, cert. ef. 8-1-97; BBH 1-1998, f. 6-24-98, cert. ef.
6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2001(Temp), f.
1-31-01, cert. ef. 2-1-01 thru 7-29-01; BOC 3-2001, f. 3-30-01, cert. ef.
4-1-01; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert.
ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 3-2008(Temp), f.
11-28-08, cert. ef. 12-1-08 thru 4-30-09; Administrative correction 5-20-09;
BOC 1-2009, f. & cert. ef. 6-1-09; BOC 1-2011(Temp), f. & cert. ef.
3-1-11 thru 8-10-11
817-030-0018
Examination for Reinstatement of
Certification
Pursuant to ORS 690.085(5), a certificate that has
expired beyond three years, unless previously approved by the board, may be
reinstated upon compliance with all of the following criteria and submission of
required documentation:
(1) A signed and completed application form prescribed
by the agency in accordance with requirements specified in OAR 331-030-0000 and
817-030-0015, which includes the applicant’s expired certificate number(s);
(2) A completed official practical examination
transcript issued by the appropriate Oregon licensed career showing attainment
of a passing score on the practical examination conducted by the Oregon
licensed career school within two years preceding the date of application;
(3) Attainment of a passing score on the Board approved
written examination(s) within two years preceding the date of application; and
(4) Payment of the required application, examination
and certificate fees specified in OAR 817-040-0003.
Stat. Auth.: ORS 690.035, 690.046,
690.048 & 690.165
Stats. Implemented: ORS 690.035,
690.046, 690.048 & 690.165
Hist.: BH 1-1997, f. 7-22-97,
cert. ef. 8-1-97; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 2-2001, f.
2-16-01, cert. ef. 3-1-01; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC
1-2005, f. 6-17-05, cert. ef. 7-1-05; BOC 1-2006, f. & cert. ef. 3-15-06;
BOC 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-10-11
817-035-0050
Application and Criteria for
Certificate of Identification
(1) Pursuant to ORS 690.123, a practitioner who
provides services outside of a licensed facility must hold a certificate of
identification.
(2) The applicant for a certificate of identification
must:
(a) Submit a completed application prescribed by the
agency, indicating applicant’s name, current residential address (and mailing
address if applicable), telephone number, and certificate number;
(b) Pay required application, examination and
certificate of identification fees;
(c) Pass the Oregon Laws and Rules examination.
Completion of the examination is not required if the applicant passed the
Oregon Laws & Rules examination within two years before the date of
application for a certificate of identification.
(d) Has registered as required by Secretary of State,
Corporations Division pursuant to ORS 648.007, an “Assumed Business Name” (ABN)
defined under ORS 648.005 prior to applying for a certificate of
identification, and submits with certificate of identification application a
current copy of the ABN filing.;
NOTE: ABN is not required if business includes the real and true name
of each owner. Refer to Secretary of States, Corporations Division under ORS
648.005 through 648.990.
(3) Subject to ORS 676.612 and OAR 331-030-0000, upon
qualification, the agency will issue a certificate of identification indicating
the fields of practice the practitioner is certified to perform outside of a
licensed facility.
(4) The certificate of identification is issued as a
separate document from the certificate authorizing the holder to perform
services.
(5) A certificate of identification may be renewed upon
submission of an application for renewal, payment of required fees and passage
of the Oregon Laws and Rules examination or completion of the agency’s Safety
& Infection Control class every two years from the date the certificate of
identification becomes invalid.
(6) A holder of a certificate of identification shall:
(a) Provide each client with the agency’s name, address
and telephone number, for comment on any of the services received or on any of
the sanitary procedures followed while performing services;
(b) Display the practitioner’s certificate number and
certificate of identification number on all advertising when soliciting
business;
(c) Comply with the Board’s health, safety, and
infection control rules and regulations; and
(d) Be subject to random audit to verify compliance
with safety, infection control and licensing requirements.
(7) The certificate of identification may be suspended
or revoked by the agency if the Board has taken action to refuse to issue or
renew, or has suspended or revoked the practitioner’s certificate.
Stat. Auth.: ORS 676.615, 690.048,
690.123 & 690.165
Stats. Implemented: ORS 676.615,
690.048, 690.123 & 690.165
Hist.: BH 4-1984, f. & cert.
12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef.
10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, f.
& cert. ef. 7-1-94; Renumbered from 817-020-0040; BH 1-1996, f. 5-31-96,
cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f.
6-29-04, cert. ef. 7-1-04; BOC 2-2008, f. 9-15-08 cert. ef. 10-1-08; BOC
1-2009, f. & cert. ef. 6-1-09; BOC 3-2010(Temp), f. 11-10-10, cert. ef.
11-15-10 thru 5-10-11; BOC 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-10-11
817-040-0003
Fees
(1) Applicants and authorization holders are subject to
provisions of OAR 331-010-0010 and 331-010-0020 regarding payment of fees,
penalties and charges.
(2) Fees established by the Oregon Health Licensing
Agency, in consultation with the Board, are as follows:
(a) Application:
(A) Practitioner certificate: $25 per field of
practice.
(B) Practitioner certificate by reciprocity: $100 per
field of practice.
(C) Independent contractor registration: $50.
(D) Freelance authorization: $25.
(E) Facility license: $100.
(F) Temporary facility permit: $50.
(G) Demonstration permit: $25.
(b) Examination:
(A) Oregon laws & rules: $50.
(B) Barbering: $50.
(C) Hair design: $50.
(D) Esthetics: $50.
(E) Nail technology: $50.
(F) Freelance authorization: $25
(c) Original issuance of authorization to practice:
(A) Practitioner certificate: $40 for two years.
(B) Practitioner certificate by reciprocity: $45 for
two years.
(C) Independent contractor registration: $100 for one
year.
(D) Freelance authorization: $100 for one year.
(E) Facility license: $110 for one year.
(d) Permits:
(A) Temporary facility: $100.
(B) Demonstration: $50.
(e) Renewal of authorization to practice:
(A) Practitioner certificate: $45 for two years.
(B) Practitioner certificate: on-line payment: $40 for
two years.
(C) Independent contractor registration: $100 for one
year.
(D) Freelance authorization: $100 for one year.
(E) Facility license: $110 for one year.
(f) Other administrative fees:
(A) Delinquency fee: $30 for each year in expired
status up to three years.
(B) Replacement of certificate, license or
registration, including name change: $25.
(C) Duplicate certificate, license or registration
document: $25 per copy with maximum of three.
(D) Affidavit of licensure: $50.
(E) An additional $25 administrative processing fee
will be assessed if a NSF or non-negotiable instrument is received for payment
of fees, penalties and charges. Refer to OAR 331-010-0010.
(F) Information packets: $10.
Stat. Auth.: ORS 676.605, 676.606,
676.615 & 690.235
Stats. Implemented: ORS 676.605,
676.615, 690.235 & 30.701
Hist.: BH 4-1984, f. & ef.
12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 1-1990(Temp), f. 4-20-90
& cert. ef. 6-1-90; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f.
6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996,
f. 5-31-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BOC
1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 2-2001, f. 2-16-01, cert. ef.
3-1-01; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2005, f. 6-17-05, cert.
ef. 7-1-05; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2008, f. 9-15-08
cert. ef. 10-1-08; BOC 2-2009(Temp), f. 6-30-09, cert. ef. 7-1-09 thru
12-25-09; BOC 3-2009(Temp), f. 12-21-09, cert. ef. 12-26-09 thru 5-31-10; BOC
1-2010, f. 3-31-10, cert. ef. 4-1-10; BOC 2-2010, f. & cert. ef. 10-1-10;
BOC 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-10-11
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.
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