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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY

 

DIVISION 35

CERTIFICATION/LICENSING

817-035-0010

Issuance and Renewal of Certificates, Licenses, Registrations, or Freelance Licenses

(1) An individual holding an authorization as defined in OAR 331-010-0000 is subject to the provisions of OAR chapter 331, division 30 regarding the issuance and renewal of an authorization and provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate authorization.

(2) An individual holding an authorization as defined in OAR 331-010-0000 is subject to the provisions of ORS 690.046, 690.055, 690.057, 690.105 and 690.123 for issuance and renewal of an authorization.

(3) AUTHORIZATION RENEWAL: Authorization renewal, with the exception of independent contractor registration or freelance license, must be made prior to the authorization entering inactive status. The authorization holder must submit the following for renewal:

(a) Renewal application form;

(b) Payment of required renewal fee pursuant to OAR 817-040-0003;

(4) INACTIVE AUTHORIZATION RENEWAL: An authorization, with the exception of independent contractor registration or freelance license may be inactive for up to three years. The authorization holder must submit the following for renewal:

(a) Renewal application form; and

(b) Payment of delinquency and authorization fees pursuant to OAR 817-040-0003.

(5) EXPIRED AUTHORIZATION: An authorization, with the exception of independent contractor registration or freelance license, that has been inactive for more than three years, is expired and the authorization holder must meet the requirements listed in OAR 817-020-0006 for facility license holders and 817-035-0010 for practitioners.

(6) LICENSE RENEWAL — FACILITY LICENSE ISSUED PRIOR TO JANUARY 1, 2013. Facilities licensed prior to January 1, 2013 must renew on a form prescribed by the agency. Upon renewal the facility license holder must be a natural person.

(7) Independent contractor registrations and freelance licenses that are not renewed become dormant; they do not become inactive and do not expire.

(8) To reactivate a dormant independent contractor registration or freelance license, the authorization holder must complete required qualifications, submit a form prescribed by the agency, and pay the required renewal fee.

(9) For freelance authorization renewal or reactivation, the freelance license holder must submit:

(a) Proof of having passed the board approved Oregon Laws and Rules examination within two years to renew; or

(b) Proof of having passed the board approved Oregon Laws and Rules examination within two years before the date of reactivation.

(10) Independent contractor registrations and freelance licenses that are in dormant status are not valid for practice.

(11) For the purpose of this rule, reactivation means to renew a independent contractor or freelance license registration which has been placed in dormant status.

Stat. Auth.: ORS 676.605, 676.615, 690.085 & 690.165
Stats. Implemented: ORS 676.605, 676.615, 690.085 & 690.165
Hist.: BH 2-1978, f. & ef. 11-29-78; 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 2-1994(Temp), f. 2-15-94, cert. ef. 3-1-94 thru 8-28-94; Renumbered from 817-040-0008, BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-040-0015, 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 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 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-035-0048

Freelance Authorization

(1) Pursuant to ORS 690.123, a practitioner who provides services outside of a licensed facility must hold a freelance license.

(2) A freelance license is valid for one year and becomes dormant on the last day of the month one year from the date of issuance or renewal, unless renewed.

(3) A freelance license holder must meet and adhere to all applicable requirements listed under OAR Chapter 817, division 10, 15, 35, and 60.

Stat. Auth.: ORS 676.607, 676.612, 676.615, 676.992, 690.057, 690.085, 690.123, 690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.607, 676.612, 676.992, 690.046, 690.055, 690.165, 690.085 & 690.123
Hist.: BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-035-0050

Application Requirements for Freelance Authorization

To obtain a freelance authorization a practitioner must meet the requirements of OAR 331 division 30 and submit the following:

(1) A completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees;

(2) A passing score on the Oregon Laws and Rules examination within two years before the date of application; and

(3) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for a freelance authorization. An ABN is not required if business includes the real and true name of the owner. Refer to Secretary of State, Corporations Division under ORS 648.005.

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; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-035-0052

Freelance Authorization Standards

(1) A holder of freelance authorization must:

(a) Provide each client with the agency’s name, address and telephone number;

(b) Display the practitioner's certificate number and freelance authorization number on all advertising when soliciting business;

(c) Be subject to random audit to verify compliance with safety, infection control and licensing requirements pursuant to ORS 690.123; and

(d) Allow the agency’s representative to conduct an investigation pursuant to ORS 676.608. Obstructing or hindering the normal progress of an investigation, threatening or exerting physical harm, or enabling another individual to impede an investigation may result in disciplinary action pursuant to 676.612 or 676.992 and 331-020-0070.

(2) Practitioners providing services outside the premises of a licensed facility, on persons confined to their residence through medical disability or restriction are not required to obtain a freelance authorization.

Stat. Auth.: ORS 676.607, 676.612, 676.615, 676.992, 690.057, 690.085, 690.123, 690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.607, 676.612, 676.992, 690.046, 690.055, 690.165, 690.085 & 690.123
Hist.: BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-035-0068

Independent Contractor

(1) Pursuant to ORS 690.057, a practitioner who provides services within a licensed facility who is not an employee must hold an independent contractor registration.

(2) An independent contractor must meet the criteria for independent contractor status in accordance with ORS 690.035, 690.057, 670.600, and 657.040;

(3) An independent contractor registration is valid for one year and becomes dormant on the last day of the month one year from the date of issuance or renewal.

(4) An independent contractor must comply with all applicable rules and regulations of the Board and other state agencies and adhere to all applicable requirements listed under OAR Chapter 817, division 10, 15, 35, and 60.

(5) An independent contractor registration will be evidence of the practitioner's qualification to work independent of a facility license holder. The registration is transferable between work locations, provided the agency is given notification as stated in OAR 331-010-0040(3).

Stat. Auth.: ORS 676.607, 676.612, 676.615, 676.992, 690.057, 690.085, 690.123, 690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.607, 676.612, 676.992, 690.046, 690.055, 690.165, 690.085 & 690.123
Hist.: BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-035-0070

Application Requirements for Independent Contractor Registration

To obtain an independent contractor registration a practitioner must meet the requirements of OAR 331 division 30 and submit the following:

(1) A completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees;

(2) Proof of being at least 18 years of age. Documentation may include identification listed under OAR 331-030-0000;

(3) Proof of holding a current, valid practitioner certificate which is active with no current or pending disciplinary action;

(4) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for an independent contractor registration if the business operates under the real and true name of the owner an ABN filing is not necessary. Refer to Secretary of State, Corporations Division under ORS 648.005.

Stat. Auth.: ORS 676.615, 690.055, 690.057 & 690.165
Stats. Implemented: ORS 676.615, 690.055, 690.057 & 690.165
Hist.: BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; 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 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-035-0090

Independent Contractor Standards

(1) An independent contractor must allow the agency’s representative to inspect or conduct an investigation pursuant to ORS 676.608 or 690.225. Obstructing or hindering the normal progress of an investigation or the inspection, threatening or exerting physical harm, or enabling another individual or employee to impede an investigation or inspection may result in disciplinary action pursuant to 676.612 or 676.992 and OAR 331-020-0070.

(2) The cleanliness and sanitary condition of any shared or common area used by, or provided for, separately licensed facilities or independent contractors located at one premises is the responsibility of each license or registration holder at that premises.

(3) Each authorization holder located at one facility may be cited for violations of rules or regulations found in a shared or common area of a facility, unless a contractual agreement exists that indicates specific responsibility for the cleanliness of a shared or common area within the facility.

Stat. Auth.: ORS 676.615, 690.055, 690.057, 690.085, 690.095, 690.165, 690.225
Stats. Implemented: ORS 676.615, 690.055, 690.057, 690.085, 690.095, 690.165 & 690.225
Hist.: BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; 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 1-2009, f. & cert. ef. 6-1-09; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-035-0093

Demonstration Permit

(1) Pursuant to ORS 690.105, 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 may obtain a demonstration permit.

(2) A demonstration permit is active for 30 days and is not renewable, the holder of the demonstration permit:

(a) May provide services in a field of practice defined under ORS 690.005.

(b) Must meet and adhere to all applicable requirements listed under OAR Chapter 817, division 10, 15, 35, and 60.

(c) May perform services at locations such as training seminars; shows; licensed facilities or other locations approved by the Board.

Stat. Auth.: 2013 OL Ch. 314, 290, 188, ORS 676.580, 676.586, 676.607, 676.615, 690.005, 690.055, 690.105 & 690.123
Stats. Implemented: 2013 OL Ch. 314, 290, 188, ORS 676.580, 676.586, 690.005, 690.025, 690.046, 690.055, 690.105, 690.123 & 690.165
Hist.: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-035-0095

Application Requirements for Demonstration Permit

(1) To obtain a demonstration permit an individual must meet the requirements of OAR 331 division 30 and submit the following:

(a) A completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees;

(b) An affidavit of licensure pursuant to OAR 331-030-0040 from another state, which is active with no current or pending disciplinary action; and

(c) A description of the purpose for which the permit is sought.

(2) If an individual does not qualify for a demonstration permit under subsection 1 of this rule the Board may determine, on a case-by-case basis, if the individual is otherwise qualified to obtain a demonstration permit pursuant to ORS 690.105.

Stat. Auth.: 2013 OL Ch. 314, 290, 188, ORS 676.580, 676.586, 676.607, 676.615, 690.005, 690.055, 690.105 & 690.123
Stats. Implemented: 2013 OL Ch. 314, 290, 188, ORS 676.580, 676.586, 690.005, 690.025, 690.046, 690.055, 690.105, 690.123 & 690.165
Hist.: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-035-0110

Posting Requirements

(1) Freelance authorization, certificate, license, permit and registration holders are subject to the requirements of OAR 331-030-0020.

(2) Facility licenses must be posted in public view.

(3) Independent contractor registrations must be posted in public view.

(4) Practitioner certificates must be posted in public view.

(5) Demonstration and temporary authorizations must be posted in public view.

(6) A freelance authorization holder must show the authorization to practice upon request of the client.

(7) A facility license holder and independent contractor registration holder must post the most recent inspection certificate in public view in the facility or at the independent contractor’s workstation.

Stat. Auth.: ORS 676.615, 690.095 & 690.165
Stats. Implemented: ORS 676.615, 690.095 & 690.165
Hist.: BH 2-1978, f. & ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; Renumbered from 817-010-0120; BH 1-1988, f. & cert. ef. 7-1-88; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; Renumbered from 817-020-0013; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; 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 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

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