Chapter 425 Oregon Laws 1999

Session Law

AN ACT

SB 290

Relating to practice of cosmetology; creating new provisions; amending ORS 345.430, 670.304, 690.005, 690.015, 690.025, 690.035, 690.048, 690.055, 690.065, 690.075, 690.085, 690.095, 690.105, 690.123, 690.155, 690.165, 690.175, 690.185, 690.195, 690.205, 690.215, 690.225, 690.228, 690.235 and 690.995; and repealing ORS 690.045.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 690.005 is amended to read:

690.005. As used in ORS 690.005 to 690.235:

(1) "Barbering" means any of the following practices, when done upon the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments [and when done for instructional purposes or for payment directly or indirectly by the public]:

(a) Shampooing, arranging, styling, curling, cutting, temporarily waving, singeing, cleansing and conditioning of the hair of an individual.

(b) Applying hair tonics, dressings and rinses.

(c) Massaging of the scalp, face and neck and applying facial and scalp treatments with creams, lotions, oils and other cosmetic preparations, either by hand or mechanical appliances, but such appliances shall not be galvanic or faradic.

(d) Shaving, trimming or cutting of the beard or mustache.

(2) "Board" means the [State] Board of [Barbers and Hairdressers] Cosmetology.

(3) "Certificate" means [a certificate of registration, issued under ORS 690.048, authorizing the holder to practice hair design, barbering, facial technology or nail technology under ORS 690.005 to 690.235.] a written authorization for the holder to perform in one or more fields of practice.

(4) "Cosmetology" means the art or science of beautifying and improving the skin, nails and hair. "Cosmetology" includes 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.

[(4)] (6) "Facial technology" means the use of the hands, mechanical or electrical apparatus or appliances, cosmetic preparations, antiseptics, tonics, lotions or creams in massaging, cleansing, stimulating, manipulating, exercising, beautifying or similar work performed on the human face and neck above the seventh vertebra for cosmetic purposes and not for the treatment of disease or physical or mental ailments.

[(5)] (7) "Facility" means an establishment operated on a regular or irregular basis for the purpose of [engaging in the practice of hair design, barbering, facial technology or nail technology and licensed under ORS 690.055.] providing services in one or more fields of practice.

(8) "Field of practice" means:

(a) Barbering.

(b) Facial technology.

(c) Hair design.

(d) Nail technology.

[(6)] (9) "Hair design" means, when done upon the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments any one or more of the following practices:

(a) Shaving, trimming or cutting of the beard or mustache.

(b) Arranging, styling, dressing, curling, temporary waving, permanent waving, relaxing, cutting, singeing, bleaching, coloring, dyeing, cleansing, shampooing, conditioning, applying hair tonics or similar work upon the hair of an individual.

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

[(7)] (10) "Independent contractor" means [an individual] a practitioner who qualifies as an independent contractor under ORS 670.600 and who is not under the control and direction of a facility license holder.

[(8)] (11) "License" means [a license] a written authorization issued under ORS 690.055 to a person [who is an independent contractor or who operates a facility] to operate a facility for providing services related to one or more fields of practice to the public.

[(9)] (12) "Nail technology" means manicuring or pedicuring performed for cosmetic purposes and not for treatment of disease or physical or mental ailments. "Manicuring or pedicuring" includes:

(a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating the nails of the hands or feet;

(b) Massaging, cleansing, treating or beautifying the hands or feet; and

[(10) "Permit" means a permit to practice, demonstrate or teach hair design, barbering, facial technology or nail technology issued under ORS 690.105.]

[(11)] (13) "Practitioner" means a person certified [and registered to practice hair design, barbering, facial technology or nail technology under ORS 690.048] to perform services included within a field of practice.

[(12) "School of hair design" means an establishment operated for the purpose of teaching hair design and licensed under ORS 345.010 to 345.450.]

(14) "Registration" means a written authorization issued to an independent contractor to hold forth to the public as a business entity providing services in a field of practice.

(15) "School" means an educational establishment that has a license issued by the Department of Education and is operated for the purpose of teaching one or more fields of practice.

(16) "Temporary facility permit" means a written authorization issued under ORS 690.055 to provide services on a temporary basis in one or more fields of practice.

SECTION 2. ORS 690.015 is amended to read:

690.015. This section establishes prohibitions relating to the practice of hair design, barbering, facial technology and nail technology. The prohibitions under this section are subject to the exemptions under ORS 690.025. A person who violates a prohibition under this section is subject to the penalties under ORS 690.992 in addition to any administrative action taken by the [State] Board of [Barbers and Hairdressers] Cosmetology under ORS 690.075 or any civil penalty under ORS 690.995. A person violates a prohibition under this section if the person does any of the following:

[(1) Practices or attempts to practice hair design, barbering, facial technology or nail technology without a certificate as a practitioner or a permit.]

(1) Performs or attempts to perform as a practitioner without a certificate, demonstration permit or certificate of identification.

(2) Operates a facility without a license or temporary facility permit.

[(2)] (3) Operates a facility unless it is at all times under the direct supervision of a practitioner.

(4) Practices hair design, barbering, facial technology or nail technology as an independent contractor without a registration.

[(3)] (5) Displays a sign or in any way advertises or purports [to be a practitioner, barber or hairdresser or to be engaged in the practice or business of hair design, barbering, facial technology or nail technology] to offer services in a field of practice without first obtaining a permit, certificate, independent contractor registration or facility license.

[(4)] (6) Knowingly makes a false statement on an application [for a license, certificate or permit or for the renewal of a license, certificate or permit] to obtain or renew a certificate, registration, license or permit or to obtain a certificate of identification.

[(5)] (7) [Permits any] Allows an individual in the employ or under the supervision or control of the person to [practice hair design, barbering, facial technology or nail technology] perform in a field of practice without a certificate or permit.

[(6) Obtains or attempts to obtain a certificate, license or permit by fraudulent means.]

[(7) Permits the fraudulent use of the certificate of the person by another person.]

[(8) Practices hair design, barbering, facial technology or nail technology as an independent contractor without a license issued under ORS 690.055.]

(8) Sells, barters or offers to sell or barter a document evidencing a certificate, registration, license, permit or certificate of identification.

(9) Purchases or procures by barter a document evidencing a certificate with intent to use it as evidence of the person's qualification as a practitioner.

(10) Materially alters with fraudulent intent a document evidencing a certificate, registration, license, permit or certificate of identification.

(11) Uses or attempts to use as valid a fraudulently obtained, counterfeited or materially altered document evidencing a certificate, registration, license, permit or certificate of identification.

SECTION 3. ORS 690.025 is amended to read:

690.025. This [section establishes exemptions from regulation under ORS 690.005 to 690.235. An exemption is partial or complete as described in the following] chapter does not apply to:

(1) Persons who perform service without compensation in case of emergency or in domestic administration [are not subject to regulation under ORS 690.005 to 690.235].

[(2) The following persons are not subject to regulation under ORS 690.005 to 690.235 while in the proper discharge of their professional duties:]

[(a)] (2) A [licensed] health care professional acting within scope of the professional license or permit or a person subject to regulation by a health care professional licensing board.

[(b)] (3) A person engaged in rendering emergency medical assistance as defined in ORS 30.800.

[(c)] (4) Persons licensed by the State Board of Pharmacy, merchants or other individuals when demonstrating apparatus or supplies for purposes of sale.

[(d)] (5) Commissioned medical and surgical officers and personnel of the United States [Army, Navy or Marine Hospital Service] Armed Forces while operating on a military base and personnel of correctional institutions while operating on the premises of a correctional facility.

[(e)] (6) Persons applying temporary makeup, combing hair or applying hair spray, without compensation specifically for the application or combing, for the sole purpose of preparing any individual for a professional photograph or theatrical performance.

[(3)] (7) A student [attending] while engaged in training at the direction of and under the direct supervision of the faculty of a school licensed under ORS 345.010 to 345.450 to teach [hair design, barbering, facial technology or nail technology under ORS 345.010 to 345.450 is not required to obtain a certificate or permit to perform the person's training] a field of practice.

SECTION 4. ORS 690.035 is amended to read:

690.035. A person desiring to obtain a [license or] certificate or demonstration permit shall apply in writing to the [State] Board of [Barbers and Hairdressers] Cosmetology on a form [provided] approved by the board. Each application shall [be accompanied by evidence under oath or affirmation and satisfactory to] contain an affirmation by the applicant that the information contained therein is accurate. The application must also include evidence establishing to the satisfaction of the board that the applicant possesses the necessary qualifications.

SECTION 5. ORS 690.045 is repealed and section 6 of this 1999 Act is enacted in lieu thereof.

SECTION 6. To qualify for certification as a practitioner of hair design, barbering, facial technology or nail technology, an applicant shall:

(1) Successfully complete all courses required by rule of the State Board of Education for graduation from a school teaching one or more fields of practice.

(2) Successfully pass the certification examination approved, administered or recognized by the Board of Cosmetology for the field of practice in which certification is sought.

(3) Pay all appropriate fees.

(4) Meet any additional requirements the Board of Cosmetology may impose by rule for certification in a particular field of practice.

SECTION 7. Sections 8, 11 and 24 of this 1999 Act are added to and made a part of ORS 690.005 to 690.235.

SECTION 8. The Board of Cosmetology may choose to waive all or part of the educational requirement for an applicant in a field of practice and allow the applicant to take the certification examination, provided that the applicant is otherwise qualified to take the examination and:

(1) The Superintendent of Public Instruction determines that the applicant's education or training is substantially equivalent to the education or training of graduates of schools subject to the rules of the State Board of Education; or

(2) The applicant is certified in another state.

SECTION 9. ORS 690.048 is amended to read:

690.048. (1) The [State] Board of [Barbers and Hairdressers] Cosmetology shall issue a certificate to each applicant who qualifies under [ORS 690.045] section 6 of this 1999 Act. [A certificate shall be valid as provided under ORS 690.045.] The certificate [shall be] is prima facie evidence of the right of the holder to practice in the field of practice for which the holder has qualified and to purport to be a practitioner.

(2) A certificate shall state the [areas] fields of practice the practitioner may perform.

SECTION 10. ORS 690.055 is amended to read:

690.055. (1) To be issued a license [for] to operate a facility [or as an independent contractor], each applicant shall:

(a) Be 18 years of age or older.

(b) Comply with the rules of the [State] Board of [Barbers and Hairdressers] Cosmetology concerning health, safety and sanitation.

(d) Pay the application fee determined by the board.

[(2) The board shall issue to each qualified applicant a license. A license shall be valid for one year. The license shall be prima facie evidence of the right of the:]

[(a) Owner of the facility to operate a facility and to advertise as offering the services for which the facility is licensed; or]

[(b) Independent contractor to advertise and offer services as a practitioner.]

(2) A license shall confer the right to a facility owner to operate the facility and to advertise the services for which the facility is licensed.

(3) A facility [issued a license under this section] must at all times be under the direct supervision of a practitioner.

(4) To be issued a temporary facility permit, each applicant must:

(a) Operate the facility on a temporary basis for a period not to exceed 30 consecutive calendar days and in accordance with rules of the board.

(b) Be 18 years of age or older.

(c) Be under the direct supervision of a practitioner at all times the facility is open for business.

(d) Apply on forms prescribed by the board prior to opening for business.

(e) Comply with the rules of the board concerning health, safety and sanitation.

(f) Comply with the applicable health and safety laws and rules of the Health Division and any other state agencies.

(g) Pay the appropriate application and permit fees as determined by the board.

SECTION 11. (1) To be issued a registration to operate as an independent contractor, each applicant shall:

(a) Be 18 years of age or older.

(b) Comply with the rules of the Board of Cosmetology concerning health, safety and sanitation.

(c) Comply with the applicable health and safety laws and rules of the Health Division and any other state agencies.

(d) Pay the application fee determined by the board.

(2) A registration shall confer the right to an independent contractor to advertise and directly offer practitioner services to the public in a licensed facility or a facility operating under a temporary facility permit.

SECTION 12. ORS 690.065 is amended to read:

690.065. (1) Examinations shall be given at such times and places as the [State] Board of [Barbers and Hairdressers] Cosmetology may determine, but in no instance less often than once every month.

(2) The board shall give each qualified applicant notice of the time and place of the examination.

(3) The board shall determine the subjects, scope and form of and the passing score for examinations and qualifications for retaking failed examinations.

SECTION 13. ORS 690.075 is amended to read:

690.075. The [State] Board of [Barbers and Hairdressers may refuse to issue or may suspend or revoke any certificate or license for any one or more of the following causes] Cosmetology may revoke, suspend, refuse to issue or refuse to renew a certificate, registration, license or permit, or place on probation any holder thereof, upon proof that the holder:

(1) [Continued performance of] Has continually performed hair design, barbering, facial technology or nail technology [by a person] while knowingly having an infectious or communicable disease.

(2) [Violation of] Has violated ORS 646.608 in the conduct of a hair design, barbering, facial technology or nail technology business.

(3) [Violation of] Has violated ORS 690.015 or 690.095 or any rule adopted under ORS 690.165 or 690.205.

[(4) Addiction to or severe dependency upon alcohol or controlled substances that impairs the person's ability to perform in a professional manner.]

[(5) Activities involving fraud or deceit, gross negligence, incompetency or misconduct in the practice of hair design, barbering, facial technology or nail technology.]

(4) Has performed a field of practice while under the influence of alcohol, controlled substances or other skill-impairing substances or has engaged in the illegal use of controlled substances or other skill-impairing substances so as to create a risk or harm to customers.

(5) Has demonstrated negligence, incompetency or misconduct in a field of practice.

(6) Has engaged in fraudulent or deceitful activities in performing in a field of practice.

(7) Has been convicted in any jurisdiction of a crime that bears a demonstrable relationship to the field of practice. A plea of no contest shall be considered a conviction for purposes under this subsection.

SECTION 14. ORS 690.085 is amended to read:

690.085. (1) [Except as otherwise provided in this section,] All practitioner certificates [and licenses expire one year after the date of issue,] shall expire on the last day of the month, two years from the date of issuance, unless renewed prior to the expiration date by payment of the required renewal fee and compliance with other requirements [for renewal] as established by the Board of Cosmetology. [The State Board of Barbers and Hairdressers, however, may vary the date of certificate and license renewal by giving to the applicant written notice of the renewal date being assigned and by making prorated adjustments in the renewal fee.]

(2) All registrations and licenses shall expire on the last day of the month, one year from the date of issuance, unless renewed prior to the expiration date by payment of the required renewal fee and compliance with other requirements as established by the board.

(3) The board may vary the date of certificate, registration and license renewal by giving to the applicant written notice of the renewal date being assigned and by making prorated adjustments to the renewal fee.

[(2)] (4) [Any license or] A certificate, registration or license not renewed before it expires may be renewed [within one year] by payment of the required renewal [fee,] and late fees and by compliance with other requirements for renewal [and payment of a late renewal fee set] as determined by the board.

[(3) A certificate that has not been renewed for more than one year, and less than five years, after the date of expiration may be renewed and restored upon payment of the renewal fee.]

[(4)] (5) A certificate that has not been renewed for a period of [five] two years after date of expiration may be renewed and restored if the applicant:

(a) Submits an application for certification;

[(a)] (b) Satisfactorily passes the examination required by ORS 690.065[.]; and

[(b) Pays one year's license fee in advance.]

(c) Submits payment of the application, examination and certificate fees at the time of reapplication.

SECTION 15. ORS 690.095 is amended to read:

690.095. [(1)] Every holder of a certificate, registration, license, permit or certificate of identification shall display [it in a conspicuous place within the facility.] the document in public view where services are being rendered.

[(2) Every holder of a license shall display it in a conspicuous place within the facility.]

SECTION 16. ORS 690.105 is amended to read:

690.105. (1) A person not certified under ORS [690.045] 690.048 who wishes to practice, demonstrate and teach [hair design, barbering, facial technology or nail technology,] a field of practice, or perform [any one or more of such functions] a field of practice, temporarily and primarily for educational purposes and who is otherwise qualified as determined by the [State] Board of [Barbers and Hairdressers] Cosmetology shall first obtain a demonstration permit from the board.

(2) The permit shall specify:

(a) The purpose for which it is granted.

(b) The period during which the person is permitted to practice, demonstrate and teach, which period shall not exceed [10] 30 days.

(3) A person may be granted a permit [under this section] if the person:

(a) Makes application to the board for the permit.

(b) Is currently licensed or certified to practice or teach [hair design, barbering, facial technology or nail technology] a field of practice in another state and presents satisfactory evidence of that fact to the board, or is otherwise qualified as determined by the board.

(d) Pays the required application and permit [fee] fees.

SECTION 17. ORS 690.155 is amended to read:

690.155. (1) There is created within the Health Division of the Department of Human Resources [a State] the Board of [Barbers and Hairdressers] Cosmetology consisting of seven members appointed by the Assistant Director for Health. Each member of the board shall serve for a term of three years and until a successor is appointed and qualified. At all times the membership of the board shall be so constituted that:

(a) Six members of the board shall be practitioners with valid certificates.

(b) One member shall be a public member who is not a practitioner.

(2) A person is not eligible for appointment as a member of the board if the person:

(a) Is associated, directly or indirectly, in the manufacture of cosmetic or barber appliances or supplies or their rental, sale or distribution to licensees.

(b) Has previously served two terms.

(3) A member of the board serves at the pleasure of the Assistant Director for Health. Vacancies shall be filled by the Assistant Director for Health, by appointment for the unexpired term.

(4) The Assistant Director for Health, or a designated representative, shall serve as an ex officio member of the board but without the right to vote.

SECTION 18. ORS 690.165 is amended to read:

690.165. In addition to the powers otherwise granted by ORS 345.430 and 690.005 to 690.235, the [State] Board of [Barbers and Hairdressers] Cosmetology shall have the power to:

[(1) To determine whether applicants to practice hair design, barbering, facial technology or nail technology meet the qualifications under ORS 690.045 or 690.055, to conduct examinations, and to grant permits, certificates and licenses to qualified applicants upon compliance with ORS 690.045, 690.055 or 690.105 and the rules of the board.]

[(2) To enter into contracts with licensing boards from other states or with other organizations or associations to conduct regional examinations, to recognize national examinations and to enter into contracts with an independent testing service to provide examination services, collect application and examination fees and administer examinations at the direction of the board.]

[(3) To establish safety and sanitation standards for the practice of hair design, barbering, facial technology or nail technology, and to enforce the standards.]

[(4) To prescribe and furnish forms for applications for examinations, certificates, licenses and permits.]

(1) Determine whether applicants are qualified to take certification examinations.

(2) Administer, approve or recognize certification examinations and designate the time, place and administrators of certification examinations.

(3) Contract for the administration of examinations as part of regional or national examinations and contract with independent testing services for examination administration.

(4) Issue certificates, registrations, licenses, permits and certificates of identification to individuals determined by the board to be qualified.

(5) Except as otherwise provided in ORS 690.205 (2) or other provision of law, adopt rules establishing and enforcing standards for safety, sanitation, professional conduct and any other matters relating to fields of practice, facilities or locations used by persons providing services regulated by ORS 690.005 to 690.235.

(6) Suspend, revoke, limit or refuse to issue or renew certificates, registrations, licenses or permits or impose a period of probationary activity on the holder thereof.

[(5)] (7) [To] Do any act necessary or proper to effect and carry out the duties required of the board by ORS 690.005 to 690.235.

[(6)] (8) [To] Adopt rules prescribing standards of professional conduct for persons practicing hair design, barbering, facial technology or nail technology.

SECTION 19. ORS 690.175 is amended to read:

690.175. (1) The [State] Board of [Barbers and Hairdressers] Cosmetology shall elect a chairperson. The board shall prescribe rules to govern the proceedings of the board. The board shall hold meetings at such times and places as it determines, but shall meet at least once each year. A majority of the voting members of the board shall constitute a quorum.

(2) Each member of the board is entitled to compensation and expenses as provided in ORS 292.495.

SECTION 20. ORS 690.195 is amended to read:

690.195. (1) The [State] Board of [Barbers and Hairdressers] Cosmetology shall keep a record of its proceedings relating to the issuance, refusal, suspension and revocation of certificates, registrations, licenses and permits and to the imposition of probation. This record shall also contain the name, place of business and the date of each certificate [and], registration, license and permit issued by the board.

(2) The board shall keep a record of all complaints received, including the date of receipt, name and place of business of each practitioner [or licensee] involved, the name and address of each complainant and the nature of the complaint.

(3) The records of the board shall at all reasonable times be open to inspection by the public.

SECTION 21. ORS 690.205 is amended to read:

690.205. (1) The [State] Board of [Barbers and Hairdressers] Cosmetology has authority to make reasonable rules for the administration of the provisions of ORS 345.430 and 690.005 to 690.235 and prescribe safety and sanitation requirements for facilities. Sanitation requirements for facilities shall be subject to the approval of the Health Division. A copy of the rules adopted by the board shall be furnished by the board to the owner or manager of each [shop] facility.

(2) Notwithstanding subsection (1) of this section, the board may not prohibit the use of the facility for domestic purposes if the part devoted to domestic purposes is in a completely separate room not used by customers, with walls extending from floor to ceiling and with any connecting doors kept closed while the facility is in actual operation.

(3) Any rules adopted by the board shall be adopted in accordance with the procedures set forth in ORS 183.310 to 183.550.

SECTION 22. ORS 690.215 is amended to read:

690.215. [Where] When the [State] Board of [Barbers and Hairdressers] Cosmetology proposes to revoke or suspend, [or] refuse to issue or renew or place on probation a certificate, permit, [or] license or registration, opportunity for hearing shall be accorded as provided in ORS 183.310 to 183.550.

SECTION 23. ORS 690.225 is amended to read:

690.225. (1) In addition to any other duties prescribed by law, [the Assistant Director for Health shall establish within the Health Division a program to] the Board of Cosmetology shall provide for the inspection of facilities [licensed under ORS 690.055] and [of] schools licensed to teach [hair design, barbering, facial technology or nail technology] practitioner skills under ORS 345.010 to 345.450.

(2) Inspections conducted under this section shall determine whether the facilities comply with the health, safety, [and] sanitation [requirements under ORS 690.165 and 690.205 and] and licensing rules [adopted thereunder] of the Board of Cosmetology and whether the schools comply with the health, safety and sanitation requirements under ORS 345.010 to 345.450 and rules [adopted thereunder] of the Health Division. Upon completion of each school inspection, the [Assistant Director for Health] board shall cause a report of the results of the inspection to be submitted to the Department of Education.

[(3) Upon its own motion or upon any complaint, the State Board of Barbers and Hairdressers may initiate and conduct investigations of and hearings on all matters relating to violations of ORS 690.005 to 690.235 and rules adopted thereunder.]

[(4) The board shall notify any practitioner or licensee who is the subject of a complaint and shall provide an opportunity for the practitioner or licensee to respond in writing to the complaint.]

[(5) In the conduct of investigations or upon the hearing of any matter of which the board may have jurisdiction, the board may take evidence, administer oaths and take the deposition of witnesses, including the person charged, in the manner provided by law in civil cases. The board may also compel the appearance of witnesses in person, the same as in civil cases, by subpoena issued over the signature of the board administrator, require answers to interrogatories and compel the production of papers, accounts, documents and testimony pertaining to the matter under investigation or to the hearing.]

[(6) In all investigations and hearings, the board and any person affected thereby may have the benefit of counsel, and all hearings shall be held in compliance with ORS 183.310 to 183.550.]

SECTION 24. (1) Upon its own motion or upon any complaint, the Board of Cosmetology may initiate and conduct investigations of and hearings on all matters relating to violations of ORS 690.005 to 690.235 and rules adopted thereunder.

(2) In the conduct of investigations or upon the hearing of any matter of which the board has jurisdiction, the board shall take evidence, administer oaths and take the deposition of witnesses, including the person charged, in the manner provided by law in civil cases. The board may also compel the appearance of witnesses in person, the same as in civil cases, by subpoena issued over the signature of the board administrator, require answers to interrogatories and compel the production of papers, accounts, documents and testimony pertaining to the matter under investigation or to the hearing.

(3) In all investigations and hearings, the board and any person affected thereby may have the benefit of counsel, and all hearings shall be held in compliance with ORS 183.310 to 183.550.

SECTION 25. ORS 690.235 is amended to read:

690.235. The [State] Board of [Barbers and Hairdressers] Cosmetology shall establish and collect fees approved by the Assistant Director for Health as necessary for the administration of ORS 690.005 to 690.235. No fee shall exceed the following:

(1) Application for a certificate, license or permit, $15.

(2) Issuance of an original two-year practitioner certificate [as a practitioner, $30], $60.

(3) Renewal of a two-year practitioner certificate [as a practitioner], $60.

(4) Each initial examination [for a certificate as a practitioner] section in an individual field of practice and reexamination of failed sections, $15.

(5) Issuance of a demonstration permit [under ORS 690.105], $15.

(6) Issuance of a facility license, $100.

(7) Renewal of a facility license, $100.

(8) Issuance of a temporary facility permit, $50.

[(8)] (9) Issuance of an independent contractor [license] registration, $50.

[(9)] (10) Renewal of an independent contractor [license] registration, $50.

[(10)] (11) Issuance of a duplicate or replacement certificate, license or permit, $5.

[(11)] (12) Late renewal fee, $5.

[(12)] (13) Reciprocity fee, $50.

[(13)] (14) Issuance of a certificate of identification, $50.

SECTION 26. ORS 690.995 is amended to read:

690.995. (1) In addition to any other [penalty] remedy provided by law, a person who violates ORS 690.015 or 690.095 or any rule adopted under ORS 690.165 or 690.205 is subject to forfeiture and payment of a civil penalty to the [State] Board of [Barbers and Hairdressers] Cosmetology in an amount of not more than $1,000 for each offense.

(2) Civil penalties under this section shall be imposed as provided in ORS 183.090.

(3) The moneys received by the [State] Board of [Barbers and Hairdressers] Cosmetology from civil penalties under this section shall be deposited and accounted for as are other moneys received by the board and shall be for the administration and enforcement of those laws the board is charged with administering and enforcing.

(4) A civil penalty imposed by the Board of Cosmetology may be remitted or reduced upon such terms and conditions as the board considers proper and consistent with public health and safety.

SECTION 27. ORS 345.430 is amended to read:

345.430. At the request of the [State] Board of [Barbers and Hairdressers] Cosmetology, the Superintendent of Public Instruction shall determine whether a person from out-of-state or out-of-country seeking a certificate in hair design, barbering, facial technology or nail technology is qualified to take the test of the [State] Board of [Barbers and Hairdressers] Cosmetology. A determination shall be made by an evaluation of academic transcripts, apprenticeship records and work experience documentation. If documentation is not available, the superintendent may refer the person to a career school for evaluation and recommendation.

SECTION 28. ORS 670.304 is amended to read:

670.304. Except as otherwise specifically provided, ORS 670.300 to 670.410 apply to the following professional licensing and advisory boards:

(1) Professional licensing and advisory boards established in the Office of the Secretary of State.

(2) The Oregon Board of Maritime Pilots, in the Department of Transportation.

(3) The [State] Board of [Barbers and Hairdressers] Cosmetology, in the Health Division of the Department of Human Resources.

(4) The State Board of Architect Examiners.

(5) The State Landscape Contractors Board.

(6) The State Board of Examiners for Engineering and Land Surveying.

(7) State Landscape Architect Board.

(8) State Board of Geologist Examiners.

(9) State Board of Tax Service Examiners.

(10) State Board of Accountancy.

SECTION 29. ORS 690.123 is amended to read:

690.123. (1) The [State] Board of [Barbers and Hairdressers] Cosmetology may issue a practitioner a certificate of identification to practice outside of or away from a licensed facility.

(2) The board shall determine requirements and fees for issuance of a certificate of identification.

(3) Practitioners performing services outside of a licensed facility under the provisions of a certificate of identification shall comply with the safety and sanitation requirements under ORS 690.165 and 690.205 and rules adopted thereunder.

SECTION 30. ORS 690.185 is amended to read:

690.185. (1) The Assistant Director for Health shall fix the qualifications of and appoint an administrator for the [State] Board of [Barbers and Hairdressers] Cosmetology who shall not be a member of the board. Subject to the applicable provisions of the State Personnel Relations Law, the assistant director shall fix the compensation of the administrator, who shall be in the unclassified service.

(2) The Assistant Director for Health shall provide the board with such services and employees as the board requires to carry out its duties.

SECTION 31. ORS 690.228 is amended to read:

690.228. If the [State] Board of [Barbers and Hairdressers] Cosmetology determines that a person has or is about to engage in an activity that is or will be in violation of any provision of ORS 690.005 to 690.235, the board, without bond, may institute a proceeding in an appropriate circuit court to restrain the activity or proposed activity. A court may issue an injunction under this section without proof of actual damages. The board may employ special counsel for a proceeding under this section. An injunction issued under this section does not relieve a person from any prosecution or board action taken for violation of ORS 690.005 to 690.235.

SECTION 32. (1) The amendments to ORS 690.155 by section 17 of this 1999 Act are intended to change the name of the State Board of Barbers and Hairdressers to the Board of Cosmetology.

(2) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the State Board of Barbers and Hairdressers from which duties, functions or powers are transferred by this 1999 Act, wherever they occur in Oregon Revised Statutes, other words designating the Board of Cosmetology to which such duties, functions or powers are transferred.

Approved by the Governor June 30, 1999

Filed in the office of Secretary of State June 30, 1999

Effective date October 23, 1999

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