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The Oregon Administrative Rules contain OARs filed through April 15, 2013
 
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OREGON HEALTH LICENSING AGENCY,
BOARD OF COSMETOLOGY

 

DIVISION 100

CLARIFICATION OF EXEMPTIONS

 

817-100-0005

Exemptions

(1) ORS 690.025(5) applies only while persons are on the premises of a business.

(2) Merchants or other individuals must have a certificate, license and/or registration under this Chapter to demonstrate supplies or apparatuses for purposes of sale when:

(a) They receive any form of compensation for the product/apparatus before conducting or presenting a "free" demonstration;

(b) They require any form of compensation to reserve a place at a "free" demonstration; or

(c) They make any stipulation, which requires a fee, or any remunerative action on the part of the client before or after receiving a "free" demonstration.

(3) A student of barbering, hair design, esthetics or nail technology is exempted only when on the premises of the career school in which the student is enrolled, and only while pursuing the prescribed curriculum.

(4) Persons working within a licensed health care facility providing services exclusively to facility residents without specific compensation from the resident for the service shall be exempt under ORS 690.025(3) and OAR 817-020-0305.

(5) Persons who work in photography studios, applying temporary makeup, combing hair or applying hair spray, without receiving specific compensation for service when provided to a photography client solely for preparing the client for a professional photograph shall be exempt under the provisions of ORS 690.025(7).

(6) Persons applying temporary makeup, combing hair or applying hair spray, without specific compensation for services, provided for the sole purpose of preparing any individual for a theatrical performance shall be exempt under ORS 690.025(7).

(7) Practitioners may provide services outside the premises of a licensed facility, on persons confined to their residence through medical disability or restriction without requirement of working under a certification of identification, provided they carry and display their practitioner certificate while working on the person or performing services.

(8) Domestic Administration refers to a person providing services in a location where the client or person resides and the services are provided only to persons who are related by blood, marriage, or domestic partnership.

(9) Emergency Services as described in ORS 690.025(1) means situations where failure to act is likely to result in greater injury or personal harm.

Stat. Auth.: ORS 690.025 & 690.165
Stats. Implemented: ORS 690.025 & 690.165
Hist.: BH 4-1984, f. & ef. 12-7-84; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, f. & 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 1-2006, f. & cert. ef. 3-15-06

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use