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Oregon Bulletin

April 1, 2011

Oregon Health Licensing Agency,
Board of Cosmetology
Chapter 817

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.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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