Chapter 885 Oregon Laws 1999

Session Law

AN ACT

HB 2465

Relating to health professions; creating new provisions; amending ORS 670.304, 680.500, 680.525, 680.556, 680.560, 680.565, 680.570, 688.700, 688.800, 688.820, 690.155, 690.225, 690.235, 690.350, 690.355, 690.405, 690.410, 690.420, 690.425, 690.500, 690.510, 690.520, 690.540, 690.550, 690.999, 694.015, 694.036, 694.065, 694.155, 694.165, 694.170, 694.185, 700.010, 700.050 and 700.251 and sections 2 and 19, chapter 362, Oregon Laws 1993, section 4, chapter 690, Oregon Laws 1997, and sections 10 and 13, chapter 736, Oregon Laws 1999 (Enrolled House Bill 2704); and appropriating money.

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

ESTABLISHING HEALTH LICENSING OFFICE

SECTION 1. As used in sections 1 to 18 of this 1999 Act, unless the context requires otherwise, "agency" means the Health Licensing Office.

SECTION 2. (1) To provide for the more effective coordination of administrative functions of certain health boards, councils and programs charged with responsibility for protecting the public through the licensing and regulation of health-related professions and occupations practiced in this state under uniform mission and goals, there is hereby created the Health Licensing Office.

(2) The mission of the Health Licensing Office is to serve the public by providing a uniform structure and accountability for the boards, councils and programs under its administration to protect the public from harm. The agency's focus is to:

(a) Promote effective health policy that protects the public from incompetent or unauthorized individuals and allows consumers to select a provider from a range of safe options.

(b) Provide outreach and training to stakeholders to improve compliance with public health and safety standards, and to involve stakeholders in the regulation of the various disciplines and fields of practice.

(c) Form partnerships and work in collaboration with each constituency, local and state governmental agencies, educators, organizations and other affected entities to encourage diverse opinions and perspectives.

(d) Provide the boards, councils and programs with a standardized administrative forum and procedures for operation, fiscal services, licensing, enforcement and complaint resolution.

(e) Resolve disputes between regulatory entities regarding the scope of practice of persons licensed by those entities.

(3) The agency is responsible for:

(a) Establishing and administering a uniform application process for licensing, certification or registration of health-related professions or occupations;

(b) Approving and collecting fees proposed by the boards, councils and programs administered by the agency;

(c) Issuing and renewing licenses, certificates and registrations as recommended by the boards, councils and programs;

(d) Conditioning, limiting, suspending, revoking or refusing to issue or renew a license, certificate or registration as recommended by the appropriate board, council or program; and

(e) Reviewing board, council and program administrative rules establishing professional standards, continuing education requirements, scope of practice limits and practitioner discipline.

SECTION 3. The enumeration of duties, functions and powers in section 2 of this 1999 Act is not intended to be exclusive nor to limit the duties, functions and powers imposed on or vested in the Health Licensing Office by other statutes.

SECTION 4. The following boards, councils and programs are transferred to the Health Licensing Office:

(1) Respiratory Therapist Licensing Board;

(2) Sanitarians Registration Board;

(3) State Board of Denture Technology;

(4) State Board of Direct Entry Midwifery;

(5) State Board of Barbers and Hairdressers;

(6) Advisory Council to the Health Division for Electrologists and Permanent Color Technicians and Tattoo Artists;

(7) Advisory Council to the Health Division on Hearing Aids;

(8) Athletic trainer registration program; and

(9) Body piercing registration program.

SECTION 4a. If House Bill 2704 becomes law, section 4 of this 1999 Act is amended to read:

Sec. 4. The following boards, councils and programs are transferred to the Health Licensing Office:

(1) Respiratory Therapist Licensing Board;

(2) Sanitarians Registration Board;

(3) State Board of Denture Technology;

(4) State Board of Direct Entry Midwifery;

(5) State Board of Barbers and Hairdressers;

(6) Advisory Council to the Health Division for Electrologists and Permanent Color Technicians and Tattoo Artists;

(7) Advisory Council to the Health Division on Hearing Aids;

(8) [Athletic trainer registration program] Board of Athletic Trainers; and

(9) Body piercing registration program.

SECTION 5. (1) The existence, powers and authority of the entities listed in section 4 of this 1999 Act, as well as their rights and obligations as constituted at the time of the transfer, continue uninterrupted notwithstanding their transfer to the Health Licensing Office.

(2) Any proceeding, action, prosecution or other business or matter undertaken or commenced before the operative date of section 4 of this 1999 Act by a state officer or agency, with respect to the duties, functions or powers transferred to the Health Licensing Office by sections 1 to 18 of this 1999 Act, and still pending on the operative date of section 4 of this 1999 Act, may be conducted and completed by the Health Licensing Office in the same manner, under the same terms and conditions and with the same effect as though undertaken, conducted or completed by the former state officer or agency before the transfer.

(3) The transfer of the entities referred to in subsection (1) of this section shall not affect the tenure of any member of any such entity who is serving on the effective date of this 1999 Act. Such members shall continue in office, subject to the right of the Governor to remove them.

Director of the Health Licensing Office.

SECTION 6. (1)(a) The Health Licensing Office is under the supervision and control of a director, who is responsible for the performance of the duties, functions and powers of the agency.

(b) The Governor shall establish the qualifications for and appoint the director, who holds office at the pleasure of the Governor.

(c) The director shall receive a salary as provided by law or, if not so provided, as prescribed by the Governor.

(d) The director shall be in the unclassified service.

(2) The director shall be responsible for the performance of duties and functions of the boards, councils and programs administered by the agency. The director shall provide the boards, councils and programs with such services and employees as the agency requires to carry out its duties. Subject to any applicable provisions of the State Personnel Relations Law, the director shall appoint all subordinate officers and employees of the agency, prescribe their duties and fix their compensation.

(3) Except as provided in section 18 of this 1999 Act, the Director of the Health Licensing Office shall be responsible for carrying out duties, functions and powers under ORS 680.500 to 680.572, 680.990 (2), 688.700, 688.800 to 688.835, 688.995, 690.005 to 690.235, 690.350 to 690.430, 690.500 to 690.570, 690.992, 690.995, 690.996, 690.997, 690.999 and 694.015 to 694.185, ORS chapter 700 and chapter 362, Oregon Laws 1993, that prior to the effective date of this 1999 Act have been carried out by the Health Division of the Department of Human Resources or the Assistant Director for Health. The director succeeds to all rights and obligations of the Health Division and the Assistant Director for Health.

(4) The appointment of the Director of the Health Licensing Office is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

Authority to issue rules.

SECTION 7. (1) In accordance with applicable provisions of ORS 183.310 to 183.550, the Director of the Health Licensing Office may adopt rules necessary for the administration of the laws that the Health Licensing Office is charged with administering.

(2) In accordance with applicable provisions of ORS 183.310 to 183.550, the Director of the Health Licensing Office may adopt rules necessary for the administration of sections 1 to 18 of this 1999 Act.

Transfer of duties, functions and powers.

SECTION 8. (1) All rights and obligations of the entities referred to in section 4 of this 1999 Act legally incurred or acquired under leases, contracts, grant agreements and similar business transactions, executed or entered into with lessors, independent contractors, suppliers, grantees and other public bodies, before the effective date of this 1999 Act, shall continue to be effective in accordance with their terms. All public agencies as defined in ORS 279.011 shall consent to the assignment to the entities referred to in section 4 of this 1999 Act of any such leases, contracts, grant agreements or similar business transactions.

(2) Subject to the requirements of ORS chapter 238, employees of the entities referred to in section 4 of this 1999 Act are members of the Public Employees Retirement System.

(3) ORS 279.800 to 279.830 and 282.210 to 282.230 shall continue to apply to the entities referred to in section 4 of this 1999 Act.

SECTION 9. (1) All of the supplies, materials, equipment, records, books, papers and facilities of each of the entities referred to in section 4 of this 1999 Act that are the property of the entity shall be transferred to the Health Licensing Office.

(2) If in the course of transferring supplies, materials, equipment, records, books, papers and facilities of any entity it is determined that such items are necessary for carrying out the duties, functions and powers of the entity and the Health Division, the entity and the Health Division may consult with each other and agree to any convenient arrangement regarding the use and possession of such items.

SECTION 10. Notwithstanding the transfer of the entities referred to in section 4 of this 1999 Act from the Health Division and the transfer of authority relating to the entities from the Health Division or the Assistant Director for Health to the Director of the Health Licensing Office:

(1) The rules of each such entity and rules of the Health Division relating to each such entity in effect on the effective date of this 1999 Act shall continue in effect and may be enforced by the director until superseded or repealed by rules of the boards, councils or programs.

(2) Any lawful authorization, designation, determination, directive, license, order, permit, policy, privilege or other action of such an entity shall continue in effect until superseded by or repealed by the lawful action of the director or entity, but neither the director nor the entity may continue any such action beyond the period authorized by law for its existence or beyond the time that it would have terminated if this 1999 Act had not been passed.

SECTION 11. (1) Nothing in this 1999 Act relieves a person of an obligation with respect to a fine or other charge, penalty or other liability, duty or obligation accruing under or with respect to the duties, functions and powers of an entity referred to in section 4 of this 1999 Act or of the Health Division. The Director of the Health Licensing Office may undertake the collection or enforcement of any such fine, charge, penalty or other liability, duty or obligation.

(2) The Health Licensing Office may suspend, refuse to issue or renew, place on probation or revoke as provided in ORS chapter 183 any license, certificate or registration issued by any one of the entities administered under the Health Licensing Office if a person has not paid a civil penalty imposed under the provisions of ORS 183.090.

SECTION 12. (1) All employees of the boards, councils and programs transferred to the Health Licensing Office under section 4 of this 1999 Act are transferred to the Health Licensing Office.

(2) The agency shall provide all necessary staff assistance and shall have full authority and responsibility for all administrative matters in connection with the functioning of the boards, councils and programs listed under section 4 of this 1999 Act.

(3) As used in this section, "administrative matters" means all ministerial functions associated with carrying out the duties, functions and powers of the boards, councils and programs, including but not limited to:

(a) Secretarial and clerical duties;

(b) Issuing of licenses, certificates, registrations or similar documents;

(c) Hiring and firing of all employees, consultants or other personnel necessary to carry out the duties of the boards, councils or programs;

(d) Collection of fees;

(e) All expenditures of moneys;

(f) Inspection of licensed facilities for compliance with health and safety rules and regulations;

(g) Investigation and resolution of complaints; and

(h) Imposition of discipline and civil penalties.

SECTION 13. In performing its powers and duties under this 1999 Act, the Health Licensing Office may utilize the administrative assistance of the Oregon Department of Administrative Services. It shall pay to the department a proportionate share of the cost of such administrative services, such share to be fixed by biennial negotiation between the agency and the department.

SECTION 14. (1) The Health Licensing Office Account is established in the General Fund of the State Treasury. The account shall consist of the moneys appropriated to the account by the Legislative Assembly. All moneys in the account are appropriated continuously and shall be used by the Health Licensing Office for carrying out the duties and obligations of the boards, councils and programs imposed by law.

(2) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges shall not exceed the cost of administering the boards, councils and programs within the agency pertaining to the purposes for which the fee or charge is established, as authorized by the Legislative Assembly within the agency's budget, as the budget may be modified by the Emergency Board.

(3) The agency shall keep a record of all moneys deposited into the account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity of each board, council or program.

(4) The moneys received from civil penalties assessed by any of the entities administered under the Health Licensing Office shall be deposited and accounted for as are other moneys received by the agency and shall be for the administration and enforcement of those laws of the boards, councils and programs administered by the Health Licensing Office.

(5) All unexpended moneys appropriated or otherwise available to a state officer or agency for the purposes of any of its duties, functions or powers transferred by this 1999 Act to the Health Licensing Office, are appropriated to the Health Licensing Office.

(6) Moneys appropriated to the Health Licensing Office under subsection (5) of this section are subject to any expenditure limitations placed on those moneys prior to the appropriation to the Health Licensing Office.

SECTION 15. (1) Whenever, in any law or resolution of the Legislative Assembly or in any rule, document, record or proceeding authorized thereby, reference is made to an entity named in section 4 of this 1999 Act, or an employee thereof, whose duties, functions or powers are assigned or transferred by section 4 of this 1999 Act, except as otherwise provided in this 1999 Act such reference is considered to describe the Health Licensing Office or the Director of the Health Licensing Office that by this 1999 Act is charged with carrying out such duties, functions and powers.

(2) The lawful rules of an entity named in section 4 of this 1999 Act with respect to duties, functions or powers assigned or transferred by this 1999 Act continue in effect until superseded or rescinded by rules lawfully adopted by the Health Licensing Office to which was transferred the duty, function or power to which the rules apply.

SECTION 16. A transfer of duties, functions, powers, rights, records, property, employees or moneys by this 1999 Act does not become operative until the Director of the Health Licensing Office has been appointed and has qualified. Until then the former officer or agency vested therewith shall continue to exercise and perform such duties, functions, powers and rights, and to have charge of such records, property, employees and moneys.

SECTION 17. (1) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the Health Division or the Health Division of the Department of Human Resources from which duties, functions or powers relating to the Respiratory Therapist Licensing Board, Sanitarians Registration Board, State Board of Denture Technology, State Board of Direct Entry Midwifery, State Board of Barbers and Hairdressers, Advisory Council to the Health Division for Electrologists and Permanent Color Technicians and Tattoo Artists, Advisory Council to the Health Division on Hearing Aids, athletic trainer registration program and body piercing registration program that are transferred by sections 1 to 18 of this 1999 Act, wherever they occur in Oregon Revised Statutes, other words designating the Health Licensing Office to which such duties, functions or powers are transferred.

(2) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the Assistant Director for Health from which duties, functions or powers relating to the Respiratory Therapist Licensing Board, Sanitarians Registration Board, State Board of Denture Technology, State Board of Direct Entry Midwifery, State Board of Barbers and Hairdressers, Advisory Council to the Health Division for Electrologists and Permanent Color Technicians and Tattoo Artists, Advisory Council to the Health Division on Hearing Aids, athletic trainer registration program and body piercing registration program that are transferred by sections 1 to 18 of this 1999 Act, wherever they occur in Oregon Revised Statutes, other words designating the Director of the Health Licensing Office to whom such duties, functions or powers are transferred.

SECTION 17a. If House Bill 2704 becomes law, section 17 of this 1999 Act is amended to read:

Sec. 17. (1) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the Health Division or the Health Division of the Department of Human Resources from which duties, functions or powers relating to the Respiratory Therapist Licensing Board, Sanitarians Registration Board, State Board of Denture Technology, State Board of Direct Entry Midwifery, State Board of Barbers and Hairdressers, Advisory Council to the Health Division for Electrologists and Permanent Color Technicians and Tattoo Artists, Advisory Council to the Health Division on Hearing Aids, [athletic trainer registration program] Board of Athletic Trainers and body piercing registration program that are transferred by sections 1 to 18 of this 1999 Act, wherever they occur in Oregon Revised Statutes, other words designating the Health Licensing Office to which such duties, functions or powers are transferred.

(2) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the Assistant Director for Health from which duties, functions or powers relating to the Respiratory Therapist Licensing Board, Sanitarians Registration Board, State Board of Denture Technology, State Board of Direct Entry Midwifery, State Board of Barbers and Hairdressers, Advisory Council to the Health Division for Electrologists and Permanent Color Technicians and Tattoo Artists, Advisory Council to the Health Division on Hearing Aids, [athletic trainer registration program] Board of Athletic Trainers and body piercing registration program that are transferred by sections 1 to 18 of this 1999 Act, wherever they occur in Oregon Revised Statutes, other words designating the Director of the Health Licensing Office to whom such duties, functions or powers are transferred.

SECTION 18. Any reference to the Health Division in ORS chapter 700 regarding approval of safety and sanitation rules shall continue in full force and effect.

BOARDS, COUNCILS AND PROGRAMS

State Board of Barbers and Hairdressers.

SECTION 19. 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, in the [Health Division of the Department of Human Resources] Health Licensing Office.

(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 20. ORS 690.155 is amended to read:

690.155. (1) There is created within the [Health Division of the Department of Human Resources] Health Licensing Office a State Board of Barbers and Hairdressers consisting of seven members appointed by the [Assistant Director for Health] Governor. 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 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 has previously served two terms.[:]

[(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] Governor. Vacancies shall be filled by the [Assistant Director for Health] Governor, by appointment for the unexpired term.

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

SECTION 21. ORS 690.225 is amended to read:

690.225. (1) In addition to any other duties prescribed by law, the [Assistant Director for] Health Licensing Office shall establish within the [Health Division] agency a program to 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 under ORS 345.010 to 345.450.

(2) Inspections conducted under this section shall determine whether the facilities comply with the safety and sanitation requirements under ORS 690.165 and 690.205 and rules adopted thereunder and whether the schools comply with the safety and sanitation requirements under ORS 345.010 to 345.450 and rules adopted thereunder. [Upon completion of each school inspection the Assistant Director for Health 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 21a. Section 21 of this 1999 Act (amending ORS 690.225) is repealed and ORS 690.225, as amended by section 23, chapter 425, Oregon Laws 1999 (Enrolled Senate Bill 290), is amended to read:

690.225. (1) In addition to any other duties prescribed by law, the [Board of Cosmetology] Health Licensing Office shall provide for the inspection of facilities and schools licensed to teach 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, sanitation and licensing rules 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 of the [Health Division] Health Licensing Office. [Upon completion of each school inspection, the board shall cause] A report of the results of the inspection [to] shall be submitted to the Department of Education.

SECTION 22. ORS 690.235 is amended to read:

690.235. The State Board of Barbers and Hairdressers shall establish and collect fees approved by the [Assistant Director for] Health Licensing Office 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 certificate as a practitioner, $30.

(3) Renewal of a certificate as a practitioner, $60.

(4) Each examination for a certificate as a practitioner, $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 an independent contractor license, $50.

(9) Renewal of an independent contractor license, $50.

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

(11) Late renewal fee, $5.

(12) Reciprocity fee, $50.

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

State Board of Direct Entry Midwifery.

SECTION 23. Section 2, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 2. There is established within the Health [Division] Licensing Office the State Board of Direct Entry Midwifery consisting of seven members appointed by the [Assistant Director for Health] Governor. Each member of the board shall serve a term of three years and until a successor is appointed and qualified. If there is a vacancy for any cause, the [Assistant Director for Health] Governor shall make an appointment to become immediately effective for the unexpired term. The membership of the board shall include:

(1) Four licensed direct entry midwives.

(2) Two certified nurse midwives.

(3) One physician licensed under ORS chapter 677 involved at the time of appointment in obstetrical care or education.

SECTION 24. Section 19, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 19. All moneys received by the Health [Division] Licensing Office under [this Act] chapter 362, Oregon Laws 1993, shall be paid into the General Fund in the State Treasury and placed to the credit of the Health [Division] Licensing Office Account. Such moneys are appropriated continuously and shall be used only for the administration and enforcement of [this Act] chapter 362, Oregon Laws 1993.

SECTION 25. Section 4, chapter 690, Oregon Laws 1997, is amended to read:

Sec. 4. (1) The [State Board of Direct Entry Midwifery] Health Licensing Office shall establish fees and charges to carry out the duties, functions and powers of the [Health Division and the board] State Board of Direct Entry Midwifery. Fees and charges established pursuant to this section shall not exceed the following:

(a) License application, $100;

(b) Initial license, $500;

(d) Written examination, $500;

(e) Oral examination, $150;

(f) Late fee, $50;

(g) Duplicate license, $25;

(h) Reciprocity license, $500; and

(i) License reactivation, $500.

(2) Fees and charges established pursuant to subsection (1) of this section shall be subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting fees and charges. The fees and charges shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fees and charges shall not exceed the cost of administering the program or the purpose for which the fee or charge is established as authorized by the Legislative Assembly for the board's budget, or as modified by the Emergency Board of future sessions of the Legislative Assembly.

State Board of Denture Technology.

SECTION 26. ORS 680.500 is amended to read:

680.500. As used in ORS 680.500 to 680.572, unless the context requires otherwise:

(1) "Agency" means the Health Licensing Office.

[(1)] (2) "Board" means the policy-making body known as the State Board of Denture Technology.

[(2)] (3) "Denture" means any removable full upper or lower prosthetic dental appliance to be worn in the human mouth.

[(3)] (4) "Denturist" means a person licensed under ORS 680.500 to 680.572 to engage in the practice of denture technology.

[(4) "Division" means the Health Division of the Department of Human Resources.]

(5) "Practice of denture technology" means:

(a) Constructing, repairing, relining, reproducing, duplicating, supplying, fitting or altering any denture in respect of which a service is performed under paragraph (b) of this subsection; and

(b) The taking of impressions, bite registrations, try-ins, and insertions of or in any part of the human oral cavity for any of the purposes listed in paragraph (a) of this subsection.

SECTION 27. ORS 680.525 is amended to read:

680.525. (1) The State Board of Denture Technology shall determine fees, subject to the approval of the [Assistant Director for Health] Health Licensing Office, for the following:

(a) Application;

(b) Examinations;

(d) License renewal;

(e) License restoration;

(f) Replacement or duplicate license; and

(g) Delinquency.

(2) The fees established under ORS 680.500 to 680.572 shall not exceed the costs of administering the regulatory program of the board as authorized by the Legislative Assembly for the board budget, as modified by the Emergency Board or future sessions of the Legislative Assembly.

SECTION 28. ORS 680.556 is amended to read:

680.556. (1) There is established, within the [Health Division of the Department of Human Resources] Health Licensing Office, the State Board of Denture Technology.

(2) The board shall consist of seven members appointed by the [Assistant Director for Health] Governor.

(3) Four members shall be active licensed denturists, one member shall be an Oregon licensed dentist in active practice and two members shall be public members who do not possess the professional qualifications of other members.

(4) The term of office of each member is three years, but a member serves at the pleasure of the [Assistant Director for Health] Governor. Before the expiration of the term of a member, the [assistant director] Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment, but no member shall serve more than two consecutive terms. If there is a vacancy for any cause, the [assistant director] Governor shall make an appointment to become immediately effective for the unexpired term.

(5) The [Assistant Director for Health] Health Licensing Office shall provide the board with such administrative services and employees as the board requires to carry out its duties for the administration of ORS 680.500 to 680.572 and 680.990 (2).

(6) The [Health Division] Health Licensing Office shall not prescribe minimum educational or training requirements in excess of those specified in ORS 680.515.

(7) Members of the board, or its appointed committees, shall be entitled to compensation and expenses as provided in ORS 292.495 from funds available under ORS 680.570.

SECTION 29. ORS 680.560 is amended to read:

680.560. (1) The State Board of Denture Technology shall hold a meeting at least once each year and shall annually elect a chairperson from its members.

(2) The [Assistant Director for Health] Director of the Health Licensing Office or a representative appointed by the [assistant director from the staff of the Health Division] director shall serve without voting rights as administrator to the board. The administrator shall keep records of the transactions of the board and have custody of the records, documents and other related property.

(3) At the direction of the board, all other ministerial functions associated with carrying on the duties, functions and powers of the board, including, but not limited to, secretarial, clerical, investigative and fiscal, shall be performed by the administrator, or by employees of the [Health Division under the direction of the Assistant Director for Health] Health Licensing Office.

SECTION 30. ORS 680.565 is amended to read:

680.565. (1) The [Health Division] Health Licensing Office has such authority as is reasonably necessary to administer ORS 680.500 to 680.572 and 680.990 (2), including the authority to adopt rules pursuant to ORS 183.310 to 183.550.

(2) The [administrator] Director of the Health Licensing Office shall keep a record of all proceedings of the State Board of Denture Technology including a register of all persons licensed to practice denture technology.

(3) When the [division] agency is satisfied that the applicant for licensure under ORS 680.500 to 680.572 has complied with all the requirements, it shall issue to such applicant an appropriate license under ORS 680.500 to 680.572.

SECTION 31. ORS 680.570 is amended to read:

680.570. All moneys received by the [Health Division] Health Licensing Office under ORS 679.025, 680.500 to 680.572 and 743.713 shall be paid into the General Fund in the State Treasury and placed to the credit of the [Health Division] Health Licensing Office Account, and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 679.025, 680.500 to 680.572, 680.990 (2) and 743.713.

Respiratory Therapist Licensing Board.

SECTION 32. ORS 688.800 is amended to read:

688.800. As used in ORS 688.800 to 688.835:

[(1) "Assistant director" means the Assistant Director for Health.]

(1) "Agency" means the Health Licensing Office.

(2) "Board" means the Respiratory Therapist Licensing Board.

(3) "Qualified medical director" means the medical director of any inpatient or outpatient respiratory care service, department or home care agency who is a physician licensed by the State of Oregon and who has special interest and knowledge in the diagnosis and treatment of respiratory problems.

(4) "Respiratory care" means the treatment, management, diagnostic testing, control and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system in accordance with the prescription of a licensed physician and under a qualified medical director. "Respiratory care" includes, but is not limited to:

(a) Direct and indirect respiratory care services, including but not limited to the administration of pharmacological, diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative or diagnostic regimen prescribed by a physician;

(b) Transcription and implementation of the written or verbal orders of a physician pertaining to the practice of respiratory care;

(c) Observing and monitoring signs and symptoms, reactions, general behaviors, general physical responses to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, general behaviors or general physical responses exhibit abnormal characteristics;

(d) Implementation based on observed abnormalities, or appropriate reporting, referral, respiratory care protocols or changes in treatment, pursuant to a prescription by a person authorized to practice medicine under the laws of this state; and

(e) The initiation of emergency procedures under the rules of the board or as otherwise permitted under ORS 688.800 to 688.835.

(5) "Respiratory care practitioner" means a person licensed under ORS 688.800 to 688.835.

(6) "Respiratory care services" means cardiopulmonary care services rendered in accordance with the prescription of a licensed physician and includes, but is not limited to, the diagnostic and therapeutic use of the following:

(a) Except for the purpose of anesthesia, administration of medical gases, aerosols and humidification;

(b) Environmental control mechanisms and hyperbaric therapy;

(d) Mechanical or physiological ventilatory support;

(e) Bronchopulmonary hygiene;

(f) Cardiopulmonary resuscitation;

(g) Maintenance of the natural airway;

(h) Maintenance of artificial airways;

(i) Specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment and research of pulmonary abnormalities, including measurements of ventilatory volumes, pressures and flows, collection of specimens of blood and blood gases, expired and inspired gas samples, respiratory secretions and pulmonary function testing; and

(j) Hemodynamic and other related physiologic measurements of the cardiopulmonary system.

SECTION 33. ORS 688.820 is amended to read:

688.820. (1) There is established within the [Health Division of the Department of Human Resources] Health Licensing Office the Respiratory Therapist Licensing Board, consisting of five members appointed by the [Assistant Director for Health] Governor.

(2) The term of office of each member of the board is four years. A member is eligible for reappointment, but no member shall serve more than two full terms. If there is a vacancy for any cause, the [assistant director] Governor shall make an appointment to become immediately effective for the unexpired term.

(3) The members of the board must be citizens of this state who have engaged in the practice of respiratory care for a period of five or more years immediately preceding appointment to the board. In making appointments to the board, the [assistant director] Governor shall take into consideration any nominations received from the Oregon Society for Respiratory Care, or its successor.

(4) A member of the board may be removed by the [assistant director] Governor for neglect of duty, incompetency or unethical or dishonorable conduct.

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

Sanitarians Registration Board.

SECTION 34. ORS 700.010 is amended to read:

700.010. As used in this chapter, unless the context requires otherwise:

(1) "Agency" means the Health Licensing Office.

[(1)] (2) "Board" means the Sanitarians Registration Board.

[(2)] (3) "Certified professional soil scientist" means a person registered in good standing with the American Registry of Certified Professionals in Agronomy, Crops and Soils.

[(3) "Division" means the Health Division of the Department of Human Resources.]

(4) "Environmental sanitation" means the art and science of applying sanitary, biological and physical science principles and knowledge to improve and control the environment and factors therein for the protection of the health and welfare of the public.

(5) "Registrant" means any person registered with the [division] agency under this chapter.

(6) "Sanitarian" means a person who by education, training and experience in the sanitary, biological and physical sciences is qualified to perform duties in environmental sanitation, including but not limited to scientific investigation, and education and counseling in environmental sanitation.

(7) "Sanitarian trainee" means a person who lacks the combination of training, education and experience required for a sanitarian registered under this chapter but who is engaged in meeting such requirements.

(8) "Science courses relating to environmental sanitation" include courses in public or community health or in sanitary, biological or physical sciences.

(9) "Waste water sanitarian" means a sanitarian or certified professional soil scientist practicing in the field of waste water treatment, disposal and reuse where soil is used in the final stage of the treatment process.

SECTION 35. ORS 700.050 is amended to read:

700.050. (1) Examinations for registration shall be held at least once every year at such time and place as the [Health Division] Health Licensing Office may determine. The examination shall be sufficiently thorough to determine the qualifications, fitness and ability of the applicant to practice as a sanitarian and may be in the form of written, oral or practical demonstrations of skill. The examination shall cover at least the subject areas listed in ORS 700.010 (6) and the laws and rules of the [division] agency.

(2) Within 30 days after the examination, the [division] agency shall notify each applicant whether the applicant passed or failed the examination.

(3) Upon written request to the [division] agency, any applicant may discuss performance on the examination.

(4) Any applicant who fails to make a passing grade on the examination may be allowed to take the examination a second time upon payment of the required fee. The [division] agency, in consultation with the Sanitarians Registration Board, may require the applicant to undergo additional training as determined by the board before taking the examination a third or subsequent time.

(5) The [division] agency shall give reasonable notice by mail of the time and place of examination to each applicant accepted for examination.

SECTION 36. ORS 700.251 is amended to read:

700.251. All moneys received by the [Health Division] Health Licensing Office under this chapter shall be paid into the General Fund in the State Treasury and placed to the credit of the [Health Division] Health Licensing Office Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of this chapter.

Advisory Council for Electrologists and

Permanent Color Technicians

and Tattoo Artists.

SECTION 37. ORS 690.350 is amended to read:

690.350. As used in ORS 690.350 to 690.430, unless the context requires otherwise:

(1) "Agency" means the Health Licensing Office.

[(1)] (2) "Council" means the Advisory Council [to the Health Division] for Electrologists and Permanent Color Technicians and Tattoo Artists.

[(2) "Division" means the Health Division of the Department of Human Resources.]

(3) "Electrologist" means a person who practices electrolysis pursuant to the provisions of ORS 690.350 to 690.430.

(4) "Electrolysis" means the process by which hair, with a series of treatments, is permanently removed from the skin by inserting a needle-conductor into the hair follicle and directing electrical energy toward the hair cell. The word "electrolysis" is used in generic form in ORS 690.350 to 690.430 and refers to modalities of galvanic electrolysis, thermolysis and combinations thereof.

(5) "Instructor" means a person who teaches in a school of electrolysis pursuant to the provisions of ORS 690.350 to 690.430.

(6) "Licensed electrologist" means a person licensed under the provisions of ORS 690.350 to 690.430 to practice electrolysis.

(7) "Licensed permanent color technician and tattoo artist" means a person licensed under the provisions of ORS 690.350 to 690.430 to practice tattooing.

(8) "Permanent color technician and tattoo artist" means a person who practices tattooing pursuant to the provisions of ORS 690.350 to 690.430.

(9) "Physician" means a person licensed to practice the healing arts by this state pursuant to ORS chapter 677, 684 or 685.

(10) "Schools of electrolysis" means those teaching establishments approved by the Department of Education where electrolysis and related subjects are taught.

(11) "Tattoo" means the indelible mark, figure or decorative design introduced by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being.

(12) "Tattooing" means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic, medical or figurative purposes.

(13) "Tattoo facility" means any room or space or any part thereof where tattooing is practiced or where the business of tattooing is conducted.

SECTION 38. ORS 690.355 is amended to read:

690.355. No person, including an electrologist or a permanent color technician and tattoo artist, shall perform electrolysis or tattooing, display a sign or in any other way advertise or purport to be an electrologist or permanent color technician and tattoo artist unless that person holds a valid license issued by the [division] Health Licensing Office. However, ORS 690.350 to 690.430 do not prevent or affect the use of electrolysis or tattooing by a physician, a person under the control and supervision of a physician or any other person specifically permitted to use electrolysis or tattooing by law.

SECTION 39. ORS 690.405 is amended to read:

690.405. The powers and duties of the [Health Division] Health Licensing Office as related to ORS 690.350 to 690.430, 690.996 and 690.997 are as follows:

(1) To authorize all disbursements necessary to carry out the provisions of ORS 690.350 to 690.430;

(2) To determine training and experience requirements for taking the examination and to supervise and administer examinations to test the knowledge of applicants for licensure;

(3) To license persons who apply to the [division] agency and who have qualified to practice electrolysis or tattooing;

(4) To rent facilities when necessary to carry out the examination of applicants for licensure;

(5) To renew licenses;

(6) To suspend or revoke licenses or place licensees on probation in the manner provided by ORS 690.350 to 690.430;

(7) To appoint representatives to conduct or supervise the examination of applicants for licensure;

(8) To designate the time and place for examining applicants for licensure;

(9) Subject to the provisions of ORS 183.310 to 183.550, to adopt rules that are necessary to carry out the provisions of ORS 690.350 to 690.430, 690.996 and 690.997;

(10) To carry out the periodic inspection of facilities of persons who practice electrolysis or tattooing;

(11) To issue a tattoo facility license to qualified applicants upon compliance with ORS 690.350 to 690.430; and

(12) To appoint or employ subordinate employees.

SECTION 40. ORS 690.410 is amended to read:

690.410. (1) Pursuant to ORS 183.310 to 183.550, and in consultation with the Advisory Council [to the Health Division] for Electrologists and Permanent Color Technicians and Tattoo Artists, the [Health Division] Health Licensing Office shall adopt rules to register and approve schools of electrolysis and to approve instructors who teach in such schools. Such rules shall include, but not be limited to, requirements that schools of electrolysis:

(a) Offer a course of study which shall include minimum standards of 600 hours of instruction as advised by the council;

(b) File with the [division] agency for approval, an outline of the proposed course of study. A copy of the outline shall be sent to the Department of Education. Areas of instruction shall include, but not be limited to, the following: (A) [Division] agency rules for electrolysis; (B) bacteriology; (C) sanitation and sterilization; (D) anatomy and physiology; (E) endocrinology; (F) structure, dynamics and diseases of skin and hair; (G) circulatory and nervous systems; (H) electricity; (I) a working knowledge of electrolysis, thermolysis and combinations thereof; (J) draping and positioning; and (K) professional ethics and business practices. The outline shall state the hours for instruction and lectures in theory and the hours for instruction for practical application;

(c) Provide adequate premises with separate areas for classwork and practical instruction including treatment areas for student training;

(d) Provide adequate equipment for the full and ready teaching of all subjects included in the curriculum;

(e) Comply with the [division's] agency's sanitary rules; and

(f) Use the word "school" or other appropriate term conspicuously in its literature and advertising matter.

(2) The rules adopted under subsection (1) of this section shall also include requirements that:

(a) An initial inspection shall be performed prior to granting of a license; and

(b) Periodic inspections may be done at the discretion of the [division] agency and the Department of Education.

(3) To teach in an approved school of electrolysis:

(a) Instructors must hold a current, valid license to practice electrolysis in this state and must have had a minimum of two years of practical experience approved by the [division] agency or Department of Education as a licensed electrologist;

(b) Instructors must pass an instructor's examination approved, administered or recognized by the [division] agency;

(c) Instructor owners and instructors when employed as instructors in an approved school shall perform electrolysis only as demonstration for instructional purposes. However, this requirement does not exclude instructors from having a private practice as long as the private practice is not performed during the instructor's regular teaching schedule. An approved electrolysis instructor must be present to supervise and instruct in the classroom substantially at all times during school hours;

(d) Instructors shall comply with ORS 690.350 to 690.430 and the applicable rules of the [division] agency and of the State Board of Education; and

(e) All instructors must participate in continuing education, with guidelines and effective date to be established by rule of the State Board of Education.

(4) Pursuant to ORS 183.310 to 183.550, and in consultation with the council, the [division] agency shall adopt rules to prescribe education and training standards for the practice of tattooing.

(5) An applicant seeking licensure as a permanent color technician and tattoo artist shall be required to demonstrate safety, sanitation and sterilization techniques by means of an inspection conducted by the regulatory authority to test the applicant's knowledge of infection control practices and requirements.

SECTION 41. ORS 690.420 is amended to read:

690.420. (1) All moneys received by the [Health Division] Health Licensing Office under ORS 690.350 to 690.430, 690.992 (2), 690.996 and 690.997 shall be paid into the General Fund in the State Treasury and placed to the credit of the [Health Division] Health Licensing Office Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 690.350 to 690.430, 690.992 (2), 690.996 and 690.997.

(2) All penalties recovered under ORS 690.996 (1) shall be paid into the General Fund in the State Treasury and credited to the [Health Division] Health Licensing Office Account.

SECTION 42. ORS 690.425 is amended to read:

690.425. (1) There hereby is created in the Health Licensing Office the Advisory Council [to the Health Division] for Electrologists and Permanent Color Technicians and Tattoo Artists. The council shall consist of five members to be appointed by the Governor.

(2) Members of the council shall be residents of this state. Two members must be practicing electrologists with a minimum of two years of experience. One member shall be a licensed and practicing permanent color technician and tattoo artist. One member shall be a licensed physician in this state. One member shall be a public member who does not possess the professional qualifications of other members.

(3) No owner, instructor or others having any direct or indirect financial interest in a school of electrolysis or tattooing or in the manufacturing of electrolysis or tattooing equipment shall serve as a member of the council.

(4) No person shall serve more than two consecutive two-year terms.

(5) The term of office of a member shall begin on January 1. A member shall continue to serve until a successor who qualifies has been appointed. Before a member's term expires, the Governor shall appoint a successor to assume the duties of office on January 1 at the expiration of the predecessor's term.

(6) A vacancy on the council shall be filled by appointment for the unexpired term through a list of qualified names submitted to the Governor.

(7) The council shall meet at least once a year.

(8) Members of the council shall be entitled to compensation and expenses as provided in ORS 292.495.

Advisory Council on Hearing Aids.

SECTION 43. ORS 694.015 is amended to read:

694.015. As used in ORS 694.015 to 694.170, unless the context requires otherwise:

(1) "[Division] Agency" means the [Health Division] Health Licensing Office.

(2) "Council" means the Advisory Council [to the Health Division] on Hearing Aids.

(3) "Hearing aid" means any prosthetic instrument or device designed for or represented as aiding, improving or correcting defective human hearing and any parts, attachments or accessories of such an instrument or device. A hearing aid is not intended to include any device which is surgically implanted or otherwise medically inserted by a physician licensed by ORS chapter 677 for the purpose of treating or correcting a hearing impairment.

(4) "Dealing in hearing aids" means the sale, lease or rental or attempted sale, lease or rental of hearing aids in conjunction with the evaluation or measurement of the powers or range of human hearing and the recommendation, selection or adaptation of hearing aids.

SECTION 44. ORS 694.036 is amended to read:

694.036. (1) Prior to consummation of the sale of a hearing aid, a person dealing in hearing aids shall deliver to the prospective purchaser a written statement, signed by the person dealing in hearing aids. The statement shall be on a form prescribed by the [Health Division] Health Licensing Office which shall include but not be limited to all of the following:

(a) The name and address of the prospective purchaser.

(b) The date of the sale.

(d) The address or principal place of business of the person dealing in hearing aids.

(e) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.

(f) The number of the license of the person dealing in hearing aids.

(g) The terms of any guarantee or expressed warranty, if any, made to the purchaser with respect to such hearing aid or hearing aids, including that provided in ORS 694.042.

(h) The address of the [Health Division] Health Licensing Office and the procedure for making a complaint under ORS 694.015 to 694.170.

(i) In no smaller type than the largest used in the body copy portion, the following bordered statement:

___________________________________________________________________

"It is desirable that a person seeking help with a hearing problem (especially for the first time) consult an ear doctor and obtain a clinical hearing evaluation. Although hearing aids are often recommended for hearing problems, another form of treatment may be necessary."

___________________________________________________________________

(j) The signature of the prospective purchaser indicating that the prospective purchaser has read and understands the information contained in the statement.

(2) A duplicate copy of the statement required under subsection (1) of this section shall be kept for one year by the person selling the hearing aid. The statement shall be made available to the [Health Division] Health Licensing Office upon request.

SECTION 45. ORS 694.065 is amended to read:

694.065. (1) The [Health Division] Health Licensing Office by rule shall establish training and experience requirements that an applicant must meet before the applicant may take the examination under this section. An individual seeking to obtain the experience and training necessary to take the examination shall obtain a trainee registration from the [division] agency pursuant to rules adopted by the [division] agency. A trainee registration issued pursuant to this subsection shall allow the holder of the registration to obtain training and experience only under the direct supervision of a hearing aid dealer licensed in the State of Oregon.

(2) The training requirements for licensure as an audiologist or for certification of a licensed physician by the American Board of Otolaryngology or a certification issued by the National Board for Certification in Hearing Instrument Sciences shall satisfy the training and experience requirements established pursuant to subsection (1) of this section.

(3) Examination of applicants for licensure under ORS 694.015 to 694.170 shall be held at least once each quarter at such times and places as the [Health Division] Health Licensing Office may determine.

(4) Timely and appropriate notice of the time and place of the examination shall be given to each applicant and to each licensed hearing aid dealer supervising a temporary hearing aid dealer pursuant to rules adopted by the [division] agency.

(5) The [division] agency, in consultation with the Advisory Council [to the Health Division] on Hearing Aids, shall adopt rules establishing standards for examination scope, format, minimum acceptable performance and reexamination qualifications. The examination shall be sufficiently thorough to determine the qualifications, fitness and ability of the applicant to practice as a hearing aid dealer. The examination may be in the form of written, oral or practical demonstration of skills, or a combination of any such types. The examination shall cover at least the subjects listed in ORS 694.075.

SECTION 46. ORS 694.155 is amended to read:

694.155. The powers and duties of the [Health Division] Health Licensing Office are as follows:

(1) To authorize all disbursements necessary to carry out the provisions of ORS 694.015 to 694.170.

(2) To determine training and experience requirements prerequisite to taking the examination and to supervise and administer qualifying examinations to test the knowledge and proficiency of applicants for licensure.

(3) To license persons who apply to the [division] agency and who have qualified to deal in hearing aids.

(4) To purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for licensure.

(5) To issue and renew licenses.

(6) To suspend or revoke licenses in the manner provided in ORS 183.310 to 183.550.

(7) To appoint representatives to conduct or supervise the examination of applicants for licensure.

(8) To designate the time and place for examining applicants for licensure.

(9) To adopt rules not inconsistent with the laws of this state which are necessary to carry out the provisions of ORS 694.015 to 694.170.

(10) With the advice of the Advisory Council [to the Health Division] on Hearing Aids, to prescribe safety and sanitation requirements, to require the periodic inspection of the audiometric testing equipment and to carry out the periodic inspection of facilities of persons who deal in hearing aids.

(11) To appoint or employ subordinate employees.

(12) To adopt rules specifying exemptions relating to assistive listening devices.

SECTION 47. ORS 694.165 is amended to read:

694.165. (1) There is created within the Health Licensing Office the Advisory Council [to the Health Division] on Hearing Aids. The council shall consist of seven members to be appointed by the Governor.

(2) Members of the council shall be residents of this state. No member of the council shall be a member or employee of the [division] agency.

(3) Membership on the council shall consist of:

(a) One member who is licensed to practice medicine in this state and holds a certificate of qualification from the American Board of Otolaryngology;

(b) One member who holds a clinical certification in audiology with the American Speech-Language-Hearing Association and is a member in good standing with that association;

(c) Four members who are experienced in the fitting of hearing aids and possess the qualifications provided in ORS 694.055; and

(d) One member who is a consumer of hearing aids and does not possess the professional qualifications of the other members.

(4) The term of office of a member is three years beginning on July 1 of the year of appointment. A member shall continue to serve until a successor has been appointed and qualifies. Before a member's term expires, the Governor shall appoint a successor to assume the duties of office on July 1 at the expiration of the predecessor's term. A vacancy in the office of a member shall be filled by appointment for the unexpired term.

(5) Members of the council are entitled to compensation and expenses as provided in ORS 292.495.

SECTION 48. ORS 694.170 is amended to read:

694.170. (1) The Advisory Council [to the Health Division] on Hearing Aids shall have the responsibility and duty of advising the [Health Division] Health Licensing Office in all matters relating to ORS 694.015 to 694.170, shall prepare the examinations required by ORS 694.015 to 694.170 subject to the approval of the [division] agency and shall assist the [division] agency in carrying out the provisions of ORS 694.015 to 694.170.

(2) The [division] agency shall consider and be guided by the recommendations of the council in all matters relating to ORS 694.015 to 694.170.

SECTION 49. ORS 694.185 is amended to read:

694.185. All moneys received by the [Health Division] Health Licensing Office under ORS 694.015 to 694.170 shall be paid into the General Fund in the State Treasury and placed to the credit of the [Health Division] Health Licensing Office Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 694.015 to 694.170 and 694.991.

Athletic trainers.

SECTION 50. ORS 688.700 is amended to read:

688.700. (1) The [Health Division of the Department of Human Resources] Health Licensing Office shall establish a system for the voluntary registration of individuals serving as athletic trainers within the State of Oregon. Upon submittal of an application for registration accompanied by payment of a registration fee and evidence of minimum qualifications, the [division] agency shall issue a certificate of registration to those individuals registering with the [division] agency.

(2) In determining minimum qualifications, the [division] agency shall consider whether the applicant is currently certified as an athletic trainer by the Board of Certification of the National Athletic Trainers Association or by an equivalent organization recognized by the [division] agency.

(3) A certificate of registration issued by the [division] agency shall expire annually and may be renewed upon application to the [division] agency, payment of the renewal fee established pursuant to this section and compliance with rules adopted by the [division] agency.

(4) The [division] agency shall charge fees for the following in amounts not to exceed:

(a) Initial certificate of registration, $50.

(b) Annual renewal of certificate of registration, $50.

(d) Delinquency or late fee, $15.

(5) All moneys received by the [division] agency under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the [Health Division] Health Licensing Office Account. Such moneys are appropriated continuously to the [Health Division] Health Licensing Office for the purposes of this section.

(6) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under this section shall not exceed the cost of administering the regulatory program of the [division] agency pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the [division's] agency's budget, as the budget may be modified by the Emergency Board.

(7) The [division] agency may adopt necessary rules to carry out the registration system identified in subsection (1) of this section and may consult with a state organization recognized as representing athletic trainers when developing the registration system.

(8) As used in this section, "agency" means the Health Licensing Office.

SECTION 50a. If House Bill 2704 becomes law, section 50 of this 1999 Act (amending ORS 688.700) is repealed.

SECTION 50b. If House Bill 2704 becomes law, section 10, chapter 736, Oregon Laws 1999 (Enrolled House Bill 2704), is amended to read:

Sec. 10. (1) The [Health Division] Health Licensing Office by rule shall impose fees for the following:

(a) Application for athletic trainer registrations, permits and waivers;

(b) Athletic trainer registration;

(d) Temporary practice registration;

(e) Examinations and reexaminations;

(f) Reinstatement;

(g) Delinquency in renewal of a registration;

(h) Duplication; and

(i) Reciprocity.

(2) All moneys received by the [division] Health Licensing Office under subsection (1) of this section shall be paid into the General Fund in the State Treasury and credited to the [Health Division Account] Health Licensing Office Account, and are appropriated continuously and shall be used only by the [Health Division] Health Licensing Office for the administration and enforcement of sections 1 to 13, chapter 736, Oregon Laws 1999 (Enrolled House Bill 2704) [of this 1999 Act].

(3) The fees and charges established by the [Health Division] Health Licensing Office under this section are subject to the prior approval of the Oregon Department of Administrative Services and, if their adoption occurs between regular sessions of the Legislative Assembly, a report to the Emergency Board. The fees and charges shall not exceed the cost of administering sections 1 to 13, chapter 736, Oregon Laws 1999 (Enrolled House Bill 2704), [of this 1999 Act] of the [division] Health Licensing Office pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the [division's] Health Licensing Office's budget, as that budget may be modified by the Emergency Board.

(4) The [Health Division] Health Licensing Office may assess fees for providing copies of official documents or records in specific formats and for recouping administrative costs associated with compiling, photocopying or preparing and delivering such records.

SECTION 50c. If House Bill 2704 becomes law, section 13, chapter 736, Oregon Laws 1999 (Enrolled House Bill 2704), is amended to read:

Sec. 13. (1) In disciplining a registrant for any cause authorized by sections 1 to 13, chapter 736, Oregon Laws 1999 (Enrolled House Bill 2704) [of this 1999 Act], the [Health Division] Health Licensing Office may:

(a) Refuse to issue or renew the registration;

(b) Suspend judgment;

(d) Suspend the registration;

(e) Revoke the registration;

(f) Place limitations on the registration; or

(g) Take such other disciplinary action as the [Health Division] Health Licensing Office finds proper, including assessment of the costs of the disciplinary proceedings as a civil penalty or assessment of a civil penalty not to exceed $1,000, or both.

(2) In addition to the action authorized by subsection (1) of this section, the [Health Division] Health Licensing Office may temporarily suspend a registration without a hearing while simultaneously commencing proceedings in accordance with ORS 183.310 to 183.550 as a contested case if the [division] Health Licensing Office finds that evidence in its possession indicates that a continuation in practice of the registrant constitutes an immediate danger to the public.

(3) If the [Health Division] Health Licensing Office places any registrant on probation as set forth in subsection (1)(c) of this section, the Board of Athletic Trainers may determine, and at any time modify, the conditions of the probation and may include any reasonable condition for the purpose of the rehabilitation of the probationer.

(4) If a registration issued under section 8, chapter 736, Oregon Laws 1999 (Enrolled House Bill 2704), [of this 1999 Act] is suspended, the holder of the registration may not practice during the term of suspension. The registration shall be reinstated by the [Health Division] Health Licensing Office if the conditions for which the license was suspended no longer exist.

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

(6) All penalties recovered under this section shall be credited to the General Fund in the State Treasury and credited to the [Health Division Account] Health Licensing Office Account, and are appropriated continuously and shall be used only by the [Health Division] Health Licensing Office for the administration and enforcement of sections 1 to 13, chapter 736, Oregon Laws 1999 (Enrolled House Bill 2704) [of this 1999 Act].

(7) In addition to all other remedies, when it appears to the [Health Division] Health Licensing Office that a person has engaged in, or is engaging in, any act, practice or transaction that violates the provisions of sections 1 to 13, chapter 736, Oregon Laws 1999 (Enrolled House Bill 2704) [of this 1999 Act], the [division] Health Licensing Office may direct the Attorney General or the district attorney of the county in which the act, practice or transaction occurs to apply to the court for an injunction restraining the person from violating the provisions of sections 1 to 13, chapter 736, Oregon Laws 1999 (Enrolled House Bill 2704) [of this 1999 Act].

Body piercing technicians.

SECTION 51. ORS 690.500 is amended to read:

690.500. As used in ORS 690.500 to 690.560 and 690.999:

(1) "Agency" means the Health Licensing Office.

[(1)] (2) "Body piercing" means the puncturing of a part of the body of a live human being so as to create a permanent hole for cosmetic purposes.

[(2)] (3) "Body piercing facility" means any room, space, location, place, area, structure or business, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted.

[(3)] (4) "Body piercing technician" means a person who practices body piercing pursuant to the provisions of ORS 690.500 to 690.570 and 690.999.

[(4) "Division" means the Health Division of the Department of Human Resources.]

SECTION 52. ORS 690.510 is amended to read:

690.510. (1) In addition to any other duties prescribed by law, [the Assistant Director for Health shall establish] there is established within the [Health Division] Health Licensing Office a registration program to provide for the registering of body piercing technicians.

(2) No person shall provide body piercing services without a body piercing technician registration issued by the [Health Division] Health Licensing Office. The body piercing technician registration shall be posted in a conspicuous place on the premises of a licensed body piercing facility.

(3) The [division] agency shall issue a body piercing technician registration to any person who:

(a) Files an application in the form and manner prescribed by the [division] agency;

(b) Pays the application and registration fees prescribed by the [division] agency;

(A) An information packet regarding safety, sanitation and sterilization requirements adopted by the [division] agency by rule;

(B) A copy of the written notification for clients advising of the risks and possible consequences of body piercing services; and

(d) Complies with all other requirements established by the [division] agency.

(4) A registration issued under this section shall state that registration does not attest to the body piercing technician's qualifications based on training or education, nor does the registration validate minimum competency to perform body piercing services.

(5) A registration issued under this section expires annually and may be renewed upon application to the [division] agency, payment of the renewal fee established pursuant to ORS 690.550 and compliance with ORS 690.500 to 690.560 and rules adopted by the [division] agency pursuant to sections ORS 690.500 to 690.560.

SECTION 53. ORS 690.520 is amended to read:

690.520. (1) In addition to any other duties prescribed by law, [the Assistant Director for Health shall establish] there is established within the [Health Division] Health Licensing Office a licensing program to provide for the licensing of body piercing facilities.

(2) No person shall operate a body piercing facility without a body piercing facility license issued by the [Health Division] agency. The body piercing facility license shall be posted in a conspicuous place on the premises of the facility.

(3) The [division] agency shall issue a body piercing facility license to any person who:

(a) Files an application in the form and manner prescribed by the [division] agency;

(b) Pays the application and license fees prescribed by the [division] agency;

(c) Demonstrates compliance with all safety, sanitation and sterilization requirements adopted by the [division] agency by rule; and

(d) Complies with all other requirements established by the [division] agency.

(4) A license issued under this section expires annually and may be renewed upon application to the [division] agency, payment of the renewal fee established pursuant to ORS 690.550 and compliance with ORS 690.500 to 690.560 and rules adopted by the [division] agency pursuant to ORS 690.500 to 690.560.

(5) This section shall not prevent or affect the use of body piercing by a physician, a person under the control and supervision of a physician or any other person specifically permitted by law to engage in body piercing.

SECTION 54. ORS 690.540 is amended to read:

690.540. (1) [The Assistant Director for Health shall establish] There is created within the [Health Division] Health Licensing Office a program to provide for the inspection of body piercing facilities licensed under ORS 690.520.

(2) Upon its own motion or upon any complaint, the [Health Division] Health Licensing Office may inspect any body piercing facility. Inspections under this section shall determine whether the facilities comply with the safety, sanitation and sterilization requirements of ORS 690.500 to 690.560 and rules adopted by the [Health Division] Health Licensing Office.

SECTION 55. ORS 690.550 is amended to read:

690.550. (1) The [Health Division] Health Licensing Office shall charge fees for the following in amounts not less than:

(a) Facility application, $100.

(b) Initial facility license, $100.

(d) Technician application, $10.

(e) Initial technician registration, $25.

(f) Annual renewal of technician registration, $25.

(g) Duplicate license or registration, $10.

(2) The fees in subsection (1) of this section shall not exceed the cost of administering the regulatory programs established pursuant to ORS 690.500 to 690.560 pertaining to the purpose for which each fee is established.

(3) All moneys received by the [division] agency under this section shall be paid into the General Fund in the State Treasury and placed to the credit of the [Health Division] Health Licensing Office Account, and such moneys hereby are appropriated continuously and shall be used only for the expenditures, including but not limited to costs associated with staffing, needed for the administration and enforcement of ORS 690.500 to 690.570 and 690.999.

SECTION 56. ORS 690.999 is amended to read:

690.999. (1) In addition to any other sanction authorized by law, the Health [Division] Licensing Office may impose a civil penalty not to exceed $1,000 for violation of any provision of ORS 690.500 to 690.560 or rules adopted pursuant to ORS 690.500 to 690.560.

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

(3) All penalties recovered under this section shall be paid into the General Fund and credited to the Health [Division] Licensing Office Account.

CAPTIONS

SECTION 57. The unit captions used in this 1999 Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 1999 Act.

Approved by the Governor July 30, 1999

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

Effective date October 23, 1999

__________