Chapter 690 — Cosmetic Professionals

 

2013 EDITION

 

 

COSMETIC PROFESSIONALS

 

OCCUPATIONS AND PROFESSIONS

 

BARBERING; HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY; NATURAL HAIR CARE

 

(Generally)

 

690.005     Definitions for ORS 690.005 to 690.225

 

690.015     Prohibited acts

 

690.025     Exemptions; rules

 

(Certificates, Licenses, Permits and Registrations)

 

690.035     Application for certificate or permit

 

690.046     Practitioner certification requirements; rules

 

690.047     Waiver of educational requirement

 

690.048     Certificate prima facie evidence of right to practice; rules

 

690.055     Facility license and temporary facility permit requirements

 

690.057     Independent contractor registration requirements

 

690.065     Examinations

 

690.105     Demonstration permit requirements

 

690.123     Freelance license

 

(Board of Cosmetology and Health Licensing Office)

 

690.155     Board of Cosmetology

 

690.165     Powers of board; rules

 

690.167     Disciplinary authority of Health Licensing Office

 

690.175     Chairperson; rules; meetings; quorum; compensation and expenses

 

690.195     Records of Health Licensing Office

 

690.205     Rules; approval of Oregon Health Authority; when domestic use of facility permitted

 

690.225     Inspections

 

BODY ART PRACTITIONERS

 

(Generally)

 

690.350     Definitions for ORS 690.350 to 690.410

 

690.360     Prohibited acts; exceptions

 

(Licensing)

 

690.365     License to perform services and facility licenses; qualifications; inspection; posting requirement; temporary licenses

 

690.370     Examinations; rules

 

690.380     Display of license required; notice to Health Licensing Office of place of business; notice to licensees

 

690.385     License renewal

 

690.390     Required standards for practitioners; rules

 

(Board of Body Art Practitioners and Health Licensing Office)

 

690.401     Board of Body Art Practitioners

 

690.405     Powers and duties of Health Licensing Office relating to body art practices; rules

 

690.407     Disciplinary authority of Health Licensing Office

 

690.410     Minimum standards of education and training; rules; schools

 

PENALTIES

 

690.992     Criminal penalties

 

BARBERING; HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY; NATURAL HAIR CARE

 

(Generally)

 

      690.005 Definitions for ORS 690.005 to 690.225. As used in ORS 690.005 to 690.225:

      (1) “Barbering” means any of the following practices, when done upon the human body for cosmetic purposes and not for medical diagnosis or treatment of disease or physical or mental ailments:

      (a) Shampooing, styling, cutting, singeing 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, except that the mechanical appliances may not be galvanic or faradic.

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

      (2) “Certificate” means a written authorization for the holder to perform in one or more fields of practice.

      (3) “Cosmetology” means the art or science of beautifying and improving the skin, nails and hair and the study of cosmetics and their application.

      (4) “Demonstration permit” means a written authorization for a person to practice, demonstrate and teach one or more fields of practice on a temporary basis.

      (5) “Esthetics” means any of the following skin care or facial care practices performed on the human body or face for the purpose of keeping the skin of the human body or face healthy and attractive and not for medical diagnosis or treatment of disease or physical or mental ailments:

      (a) The use of the hands or mechanical or electric apparatuses or appliances for cleansing, stimulating, manipulating, exfoliating or applying lotions or creams.

      (b) Temporary removal of hair.

      (c) Makeup artistry.

      (d) Eyelash services.

      (e) Facial and body wrapping.

      (f) Facial and body waxing.

      (6) “Facility” means an establishment operated on a regular or irregular basis for the purpose of providing services in one or more fields of practice.

      (7) “Field of practice” means the following cosmetology disciplines:

      (a) Barbering.

      (b) Esthetics.

      (c) Hair design.

      (d) Nail technology.

      (e) Natural hair care.

      (8) “Freelance license” means a written authorization that allows a practitioner to practice outside or away from a licensed facility.

      (9) “Hair design” means any of the following practices, when done upon the human body for cosmetic purposes and not for medical diagnosis or treatment of disease or physical or mental ailments:

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

      (b) Styling, permanent waving, relaxing, cutting, singeing, bleaching, coloring, shampooing, conditioning, applying hair products 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.

      (10) “Independent contractor” means 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.

      (11) “License” means a written authorization issued under ORS 690.055 to a person to operate a facility or freelance business for providing services related to one or more fields of practice to the public.

      (12) “Nail technology” means any of the following manicuring or pedicuring practices performed for cosmetic purposes and not for medical diagnosis or treatment of disease or physical or mental ailments:

      (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, arms below the elbow, feet or legs below the knee.

      (c) Applying, sculpturing or removing artificial nails of the hands or feet.

      (13)(a) “Natural hair care” means:

      (A) The braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving or wrapping of human hair, natural fibers, synthetic fibers or hair extensions through the use of hands or simple devices such as clips, combs, hairpins or needle and thread;

      (B) The use of scissors to trim synthetic fibers, hair extensions or sewn-in weave extensions as is necessary to perform the activities described in this paragraph; or

      (C) The making of customized wigs from natural hair, natural fibers, synthetic fibers or hair extensions.

      (b) “Natural hair care” does not include the use of scissors, except as provided in paragraph (a)(B) of this subsection, penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles or chemical hair bleaching agents.

      (14) “Practitioner” means a person certified to perform services included within a field of practice.

      (15) “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.

      (16) “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. For purposes of this subsection, “field of practice” does not include natural hair care.

      (17) “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. [1977 c.886 §1; 1983 c.151 §1; 1987 c.31 §2; 1989 c.171 §81; 1993 c.45 §296; 1993 c.267 §1; 1995 c.343 §61; 1999 c.425 §1; 2003 c.547 §38; 2005 c.117 §1; 2005 c.648 §50; 2009 c.701 §30; 2013 c.82 §3; 2013 c.290 §1; 2013 c.314 §34; 2013 c.568 §76]

 

      690.010 [Amended by 1969 c.687 §1; 1977 c.270 §1; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.015 Prohibited acts. (1) This section establishes prohibitions relating to the practice of hair design, barbering, esthetics, nail technology and natural hair care. The prohibitions under this section are subject to the exemptions under ORS 690.025. A person who commits an act prohibited under this section is subject to the penalties under ORS 690.992 in addition to any administrative action taken by or any civil penalty imposed by the Health Licensing Office under ORS 676.612.

      (2) A person may not:

      (a) Perform or attempt to perform services in a field of practice without an active certificate, demonstration permit, registration or freelance license.

      (b) Operate a facility without a license or temporary facility permit.

      (c) Perform or attempt to perform services in a field of practice outside a licensed facility or temporary facility unless the person holds a freelance license issued under ORS 690.123.

      (d) Practice hair design, barbering, esthetics, nail technology or natural hair care as an independent contractor without a registration.

      (e) Display a sign or in any way advertise or purport to offer services in a field of practice without first obtaining a permit, certificate, independent contractor registration or facility license.

      (f) Knowingly make a false statement on an application to obtain or renew a certificate, registration, license or permit.

      (g) Allow an individual in the employ or under the supervision or control of the person to perform in a field of practice without a certificate or permit.

      (h) Sell, barter or offer to sell or barter a document evidencing a certificate, registration, license or permit.

      (i) Purchase or procure by barter a document evidencing a certificate with intent to use it as evidence of the person’s qualification as a practitioner.

      (j) Materially alter with fraudulent intent a document evidencing a certificate, registration, license or permit.

      (k) Use or attempt to use a fraudulently obtained, counterfeited or materially altered document evidencing a certificate, registration, license or permit. [1977 c.886 §3; 1981 c.141 §1; 1983 c.151 §2; 1987 c.31 §3; 1993 c.267 §2; 1995 c.343 §62; 1999 c.425 §2; 2003 c.547 §39; 2005 c.117 §2; 2005 c.648 §51; 2009 c.701 §31; 2013 c.290 §2; 2013 c.314 §35; 2013 c.568 §77]

 

      Note: The amendments to 690.015 by section 77, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 2, chapter 290, Oregon Laws 2013, and section 35, chapter 314, Oregon Laws 2013, is set forth for the user’s convenience.

      690.015. (1) This section establishes prohibitions relating to the practice of hair design, barbering, esthetics, nail technology and natural hair care. The prohibitions under this section are subject to the exemptions under ORS 690.025. A person who commits an act prohibited under this section is subject to the penalties under ORS 690.992 in addition to any administrative action taken by or any civil penalty imposed by the Oregon Health Licensing Agency under ORS 676.612.

      (2) A person may not:

      (a) Perform or attempt to perform services in a field of practice without an active certificate, demonstration permit, registration or freelance license.

      (b) Operate a facility without a license or temporary facility permit.

      (c) Perform or attempt to perform services in a field of practice outside a licensed facility or temporary facility unless the person holds a freelance license issued under ORS 690.123.

      (d) Practice hair design, barbering, esthetics, nail technology or natural hair care as an independent contractor without a registration.

      (e) Display a sign or in any way advertise or purport to offer services in a field of practice without first obtaining a permit, certificate, independent contractor registration or facility license.

      (f) Knowingly make a false statement on an application to obtain or renew a certificate, registration, license or permit.

      (g) Allow an individual in the employ or under the supervision or control of the person to perform in a field of practice without a certificate or permit.

      (h) Sell, barter or offer to sell or barter a document evidencing a certificate, registration, license or permit.

      (i) Purchase or procure by barter a document evidencing a certificate with intent to use it as evidence of the person’s qualification as a practitioner.

      (j) Materially alter with fraudulent intent a document evidencing a certificate, registration, license or permit.

      (k) Use or attempt to use a fraudulently obtained, counterfeited or materially altered document evidencing a certificate, registration, license or permit.

 

      690.020 [Amended by 1961 c.300 §3; 1969 c.687 §2; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.025 Exemptions; rules. ORS 690.005 to 690.225 do not apply to:

      (1) Persons who perform service without compensation in case of emergency or in domestic administration.

      (2) Persons licensed by a health professional regulatory board listed in ORS 676.160 who are acting within the scope of their professional license.

      (3) Persons identified by the Health Licensing Office or Board of Cosmetology by rule who are acting under the authority of a hospital or long term care facility licensed under ORS 441.025 or a residential facility licensed under ORS 443.415.

      (4) Persons engaged in rendering emergency medical assistance as defined in ORS 30.800.

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

      (6) Commissioned medical and surgical officers and personnel of the United States Armed Services while operating on a military base and personnel of correctional institutions while operating on the premises of a correctional facility.

      (7) Persons applying temporary makeup, combing hair or applying hair spray for the sole purpose of preparing an individual for a professional photograph or theatrical performance.

      (8) A student 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 a field of practice. For purposes of this subsection, “field of practice” does not include natural hair care.

      (9) The office may exempt practitioners providing services at charitable or fund raising events. In establishing an exemption, the office shall consider and evaluate each written request on an individual basis. [1977 c.886 §2; 1983 c.151 §3; 1987 c.31 §4; 1993 c.45 §297; 1993 c.267 §3; 1995 c.343 §63; 1999 c.425 §3; 2005 c.117 §3; 2009 c.701 §32; 2013 c.188 §1; 2013 c.290 §3; 2013 c.568 §78]

 

      Note: The amendments to 690.025 by section 78, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 1, chapter 188, Oregon Laws 2013, and section 3, chapter 290, Oregon Laws 2013, is set forth for the user’s convenience.

      690.025. ORS 690.005 to 690.225 do not apply to:

      (1) Persons who perform service without compensation in case of emergency or in domestic administration.

      (2) Persons licensed by a health professional regulatory board listed in ORS 676.160 who are acting within the scope of their professional license.

      (3) Persons identified by the Oregon Health Licensing Agency or Board of Cosmetology by rule who are acting under the authority of a hospital or long term care facility licensed under ORS 441.025 or a residential facility licensed under ORS 443.415.

      (4) Persons engaged in rendering emergency medical assistance as defined in ORS 30.800.

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

      (6) Commissioned medical and surgical officers and personnel of the United States Armed Services while operating on a military base and personnel of correctional institutions while operating on the premises of a correctional facility.

      (7) Persons applying temporary makeup, combing hair or applying hair spray for the sole purpose of preparing an individual for a professional photograph or theatrical performance.

      (8) A student 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 a field of practice. For purposes of this subsection, “field of practice” does not include natural hair care.

      (9) The agency may exempt practitioners providing services at charitable or fund raising events. In establishing an exemption, the agency shall consider and evaluate each written request on an individual basis.

 

      690.030 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

(Certificates, Licenses, Permits and Registrations)

 

      690.035 Application for certificate or permit. A person desiring to obtain a certificate or demonstration permit shall apply in writing to the Health Licensing Office on a form approved by the office. Each application shall 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 office that the applicant possesses the necessary qualifications. [1977 c.886 §4; 1999 c.425 §4; 2005 c.648 §52; 2013 c.568 §79]

 

      Note: The amendments to 690.035 by section 79, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      690.035. A person desiring to obtain a certificate or demonstration permit shall apply in writing to the Oregon Health Licensing Agency on a form approved by the agency. Each application shall 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 agency that the applicant possesses the necessary qualifications.

 

      690.040 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.045 [1977 c.886 §5; 1979 c.855 §3; 1983 c.151 §4; 1987 c.31 §5; 1993 c.45 §298; 1993 c.267 §4; 1995 c.343 §64; repealed by 1999 c.425 §5 (690.046 enacted in lieu of 690.045)]

 

      690.046 Practitioner certification requirements; rules. (1) To qualify for certification as a practitioner of hair design, barbering, esthetics, nail technology or natural hair care, an applicant shall:

      (a) If the applicant is applying for certification to practice hair design, barbering, esthetics or nail technology, 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.

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

      (c) Pay the applicable fees established under ORS 676.592.

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

      (2) A person who is certified to practice hair design or barbering under this section is authorized to practice natural hair care. [1999 c.425 §6 (enacted in lieu of 690.045); 2005 c.117 §4; 2013 c.290 §4; 2013 c.314 §36]

 

      690.047 Waiver of educational requirement. (1) For purposes of this section, “field of practice” does not include natural hair care.

      (2) The Board of Cosmetology may 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:

      (a) The applicant’s education or training, including relevant education or training obtained in the military, is determined by the board to be substantially equivalent to Oregon certification requirements;

      (b) The applicant is otherwise qualified to take the examination; and

      (c) The applicant holds an active certification that was issued in another state or a territory of the United States and has not been subject to disciplinary action by the other certifying body.

      (3) The Health Licensing Office may issue a specialty certificate in a field of practice to a practitioner who has:

      (a) Completed post-graduate education approved by the office that is separate from the education or training required for entry-level certification;

      (b) Passed an examination approved or recognized by the board; and

      (c) Paid the applicable fees established under ORS 676.592. [1999 c.425 §8; 2009 c.701 §33; 2012 c.43 §24; 2013 c.290 §5; 2013 c.314 §37; 2013 c.568 §80]

 

      Note: The amendments to 690.047 by section 80, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 24, chapter 43, Oregon Laws 2012, section 5, chapter 290, Oregon Laws 2013, and section 37, chapter 314, Oregon Laws 2013, is set forth for the user’s convenience.

      690.047. (1) For purposes of this section, “field of practice” does not include natural hair care.

      (2) The Board of Cosmetology may 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:

      (a) The applicant’s education or training, including relevant education or training obtained in the military, is determined by the board to be substantially equivalent to Oregon certification requirements;

      (b) The applicant is otherwise qualified to take the examination; and

      (c) The applicant holds an active certification that was issued in another state or a territory of the United States and has not been subject to disciplinary action by the other certifying body.

      (3) The Oregon Health Licensing Agency may issue a specialty certificate in a field of practice to a practitioner who has:

      (a) Completed post-graduate education approved by the agency that is separate from the education or training required for entry-level certification;

      (b) Passed an examination approved or recognized by the board; and

      (c) Paid the applicable fees established under ORS 676.592.

 

      690.048 Certificate prima facie evidence of right to practice; rules. (1) The Health Licensing Office shall issue a certificate to each applicant who qualifies under ORS 690.046 or 690.047. The certificate is prima facie evidence of the right of the holder to practice in a field of practice for which the holder has qualified and purports to be a practitioner.

      (2) A certificate must show the practitioner’s name, address, certificate number, expiration date and field of practice for which the practitioner is qualified to perform services.

      (3) A practitioner’s certificate shall indicate any specialty certification, obtained under ORS 690.047, for which the practitioner is qualified to provide advanced services in a field of practice. Advanced services shall be defined by rules adopted by the office. [1983 c.151 §6; 1993 c.267 §5; 1995 c.343 §65; 1999 c.425 §9; 2003 c.547 §40; 2005 c.648 §53; 2009 c.701 §34; 2013 c.568 §81]

 

      Note: The amendments to 690.048 by section 81, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      690.048. (1) The Oregon Health Licensing Agency shall issue a certificate to each applicant who qualifies under ORS 690.046 or 690.047. The certificate is prima facie evidence of the right of the holder to practice in a field of practice for which the holder has qualified and purports to be a practitioner.

      (2) A certificate must show the practitioner’s name, address, certificate number, expiration date and field of practice for which the practitioner is qualified to perform services.

      (3) A practitioner’s certificate shall indicate any specialty certification, obtained under ORS 690.047, for which the practitioner is qualified to provide advanced services in a field of practice. Advanced services shall be defined by rules adopted by the agency.

 

      690.050 [Amended by 1959 c.630 §1; 1961 c.436 §1; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.055 Facility license and temporary facility permit requirements. (1) To be issued a license to operate a facility, each applicant shall:

      (a) Be 18 years of age or older, if the applicant is a natural person.

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

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

      (d) Pay the applicable fees established under ORS 676.592.

      (e) If the applicant is an entity other than a natural person, be formed and operated in accordance with Oregon law.

      (2) 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, if the applicant is a natural person.

      (c) Apply on forms prescribed by the Health Licensing Office prior to opening for business.

      (d) Comply with the rules of the board concerning health, safety and infection control.

      (e) Comply with the applicable health and safety laws and rules of the Oregon Health Authority and any other state agencies.

      (f) Pay the applicable fees established under ORS 676.592.

      (g) If the applicant is an entity other than a natural person, be formed and operated in accordance with Oregon law.

      (3) The office may adopt rules for the administration of this section.

      (4) A license issued under this section shall confer on a facility owner the right to operate the facility and to advertise the services for which the facility is licensed. [1977 c.886 §6; 1981 c.141 §2; 1983 c.151 §7; 1993 c.267 §6; 1999 c.425 §10; 2003 c.547 §41; 2005 c.648 §54; 2009 c.595 §1105; 2009 c.701 §35; 2013 c.314 §38; 2013 c.568 §82]

 

      Note: The amendments to 690.055 by section 82, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 38, chapter 314, Oregon Laws 2013, is set forth for the user’s convenience.

      690.055. (1) To be issued a license to operate a facility, each applicant shall:

      (a) Be 18 years of age or older, if the applicant is a natural person.

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

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

      (d) Pay the applicable fees established under ORS 676.592.

      (e) If the applicant is an entity other than a natural person, be formed and operated in accordance with Oregon law.

      (2) 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, if the applicant is a natural person.

      (c) Apply on forms prescribed by the Oregon Health Licensing Agency prior to opening for business.

      (d) Comply with the rules of the board concerning health, safety and infection control.

      (e) Comply with the applicable health and safety laws and rules of the Oregon Health Authority and any other state agencies.

      (f) Pay the applicable fees established under ORS 676.592.

      (g) If the applicant is an entity other than a natural person, be formed and operated in accordance with Oregon law.

      (3) The agency may adopt rules for the administration of this section.

      (4) A license issued under this section shall confer on a facility owner the right to operate the facility and to advertise the services for which the facility is licensed.

 

      690.057 Independent contractor registration requirements. (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 infection control.

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

      (d) Pay the applicable fees established under ORS 676.592.

      (e) Hold an active certificate in good standing.

      (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. [1999 c.425 §11; 2003 c.547 §42; 2005 c.648 §55; 2009 c.595 §1106; 2009 c.701 §36; 2013 c.314 §39]

 

      690.060 [Amended by 1959 c.630 §2; 1961 c.436 §2; 1969 c.687 §3; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.065 Examinations. (1) Examinations shall be given at such times and places as the Board of 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. [1977 c.886 §7; 1993 c.267 §7; 1999 c.425 §12]

 

      690.070 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.075 [1977 c.886 §8; 1983 c.151 §8; 1987 c.31 §6; 1993 c.267 §8; 1995 c.343 §66; 1999 c.425 §13; 2005 c.117 §5; repealed by 2005 c.648 §§121,121a]

 

      690.080 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.085 [1977 c.886 §9; 1983 c.151 §9; 1987 c.31 §7; 1993 c.267 §9; 1999 c.425 §14; 2005 c.648 §56; 2009 c.701 §37; repealed by 2013 c.314 §65]

 

      690.087 [1979 c.855 §2; 1981 c.897 §100; renumbered 345.470]

 

      690.090 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.095 [1977 c.886 §10; 1979 c.663 §1; 1993 c.267 §10; 1999 c.425 §15; 2009 c.701 §38; repealed by 2013 c.314 §65]

 

      690.100 [Amended by 1961 c.300 §4; 1969 c.687 §4; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.105 Demonstration permit requirements. (1) A person not certified under ORS 690.048 who wishes to practice, demonstrate and teach a field of practice, or perform a field of practice, temporarily and primarily for educational purposes and who is otherwise qualified as determined by the Board of Cosmetology shall first obtain a demonstration permit from the Health Licensing Office.

      (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 30 days.

      (c) The time and place of exercising the privilege granted by the permit.

      (3) A person may be granted a permit if the person:

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

      (b) Is currently licensed or certified to practice or teach a field of practice in another state and presents satisfactory evidence of that fact to the office, or is otherwise qualified as determined by the board.

      (c) Describes the purpose for which the permit is sought.

      (d) Pays the applicable fees established under ORS 676.592. [1977 c.886 §11; 1983 c.151 §11; 1987 c.31 §8; 1993 c.267 §11; 1995 c.343 §67; 1999 c.425 §16; 2005 c.648 §57; 2013 c.314 §40; 2013 c.568 §84]

 

      Note: The amendments to 690.105 by section 84, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 40, chapter 314, Oregon Laws 2013, is set forth for the user’s convenience.

      690.105. (1) A person not certified under ORS 690.048 who wishes to practice, demonstrate and teach a field of practice, or perform a field of practice, temporarily and primarily for educational purposes and who is otherwise qualified as determined by the Board of Cosmetology shall first obtain a demonstration permit from the Oregon Health Licensing Agency.

      (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 30 days.

      (c) The time and place of exercising the privilege granted by the permit.

      (3) A person may be granted a permit if the person:

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

      (b) Is currently licensed or certified to practice or teach a field of practice in another state and presents satisfactory evidence of that fact to the agency, or is otherwise qualified as determined by the board.

      (c) Describes the purpose for which the permit is sought.

      (d) Pays the applicable fees established under ORS 676.592.

 

      690.110 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.115 [1977 c.886 §12; repealed by 1981 c.141 §4]

 

      690.120 [Amended by 1961 c.300 §5; 1973 c.832 §38; 1977 c.873 §8; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.123 Freelance license. (1) The Health Licensing Office may issue a practitioner a freelance license to practice outside or away from a licensed facility.

      (2) Practitioners performing services outside a licensed facility under the provisions of a freelance license shall comply with the safety and infection control requirements under ORS 690.165 and 690.205 and rules adopted by the office under those statutes. [1977 c.886 §13; 1983 c.151 §12; 1993 c.267 §12; 1999 c.425 §29; 2003 c.547 §45; 2005 c.648 §58; 2009 c.701 §39; 2013 c.314 §41; 2013 c.568 §85]

 

      Note: The amendments to 690.123 by section 85, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 41, chapter 314, Oregon Laws 2013, is set forth for the user’s convenience.

      690.123. (1) The Oregon Health Licensing Agency may issue a practitioner a freelance license to practice outside or away from a licensed facility.

      (2) Practitioners performing services outside a licensed facility under the provisions of a freelance license shall comply with the safety and infection control requirements under ORS 690.165 and 690.205 and rules adopted by the agency under those statutes.

 

      690.125 [1961 c.300 §2; 1969 c.687 §6; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.130 [Amended by 1959 c.630 §3; 1961 c.300 §6; 1961 c.436 §3; 1969 c.687 §7; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.140 [Amended by 1965 c.274 §1; 1973 c.832 §39; 1977 c.873 §9; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.150 [Amended by 1961 c.300 §7; 1965 c.274 §2; 1969 c.687 §11; 1971 c.86 §1; 1973 c.832 §40; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

(Board of Cosmetology and Health Licensing Office)

 

      690.155 Board of Cosmetology. (1) There is established within the Health Licensing Office the Board of Cosmetology consisting of seven members appointed by the Governor. At all times the membership of the board shall be so constituted that:

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

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

      (2) The term of office of each member of the board is four years, but a member serves at the pleasure of the Governor. Vacancies shall be filled by the Governor by appointment for the unexpired term. A member shall hold the member’s office until the appointment and qualification of a successor. A member is eligible for reappointment. If a person serves two consecutive full terms, a period of at least four years must elapse before the person is again eligible for appointment to serve on the board.

      (3) The 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. [1977 c.886 §14; 1983 c.151 §13; 1987 c.414 §84; 1999 c.425 §17; 1999 c.885 §20; 2005 c.648 §59; 2009 c.701 §40; 2013 c.314 §42; 2013 c.568 §86]

 

      Note: The amendments to 690.155 by section 86, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 42, chapter 314, Oregon Laws 2013, is set forth for the user’s convenience.

      690.155. (1) There is established within the Oregon Health Licensing Agency the Board of Cosmetology consisting of seven members appointed by the Governor. At all times the membership of the board shall be so constituted that:

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

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

      (2) The term of office of each member of the board is four years, but a member serves at the pleasure of the Governor. Vacancies shall be filled by the Governor by appointment for the unexpired term. A member shall hold the member’s office until the appointment and qualification of a successor. A member is eligible for reappointment. If a person serves two consecutive full terms, a period of at least four years must elapse before the person is again eligible for appointment to serve on the board.

      (3) The Director of the Oregon Health Licensing Agency, or a designated representative, shall serve as an ex officio member of the board but without the right to vote.

 

      690.160 [1969 c.687 §9; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.165 Powers of board; rules. In addition to the powers otherwise granted by ORS 345.430 and 690.005 to 690.225, the Board of Cosmetology shall have the power to:

      (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) Pursuant to ORS 676.586, direct the Health Licensing Office to issue certificates, registrations, licenses and permits 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, infection control, 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 690.225.

      (6) Pursuant to ORS 676.612 and 690.167, direct the office to suspend, revoke, limit or refuse to issue or renew certificates, registrations, licenses or permits or impose a period of probationary activity on the holder.

      (7) Do any act necessary or proper to effect and carry out the duties required of the board by ORS 690.005 to 690.225.

      (8) Adopt rules prescribing standards of professional conduct for persons practicing hair design, barbering, esthetics, nail technology or natural hair care.

      (9) Consult with the office about the issuance and renewal of a license under ORS 690.055 authorizing a facility to provide barbering, esthetics, hair design, nail technology services or natural hair care. [1977 c.886 §21; 1983 c.151 §14; 1987 c.31 §9; 1993 c.267 §13; 1995 c.343 §68; 1999 c.425 §18; 2003 c.547 §46; 2005 c.117 §6; 2005 c.648 §60; 2009 c.701 §41; 2013 c.290 §6; 2013 c.314 §43; 2013 c.568 §87]

 

      Note: The amendments to 690.165 by section 87, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 6, chapter 290, Oregon Laws 2013, and section 43, chapter 314, Oregon Laws 2013, is set forth for the user’s convenience.

      690.165. In addition to the powers otherwise granted by ORS 345.430 and 690.005 to 690.225, the Board of Cosmetology shall have the power to:

      (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) Pursuant to ORS 676.586, direct the Oregon Health Licensing Agency to issue certificates, registrations, licenses and permits 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, infection control, 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 690.225.

      (6) Pursuant to ORS 676.612 and 690.167, direct the agency to suspend, revoke, limit or refuse to issue or renew certificates, registrations, licenses or permits or impose a period of probationary activity on the holder.

      (7) Do any act necessary or proper to effect and carry out the duties required of the board by ORS 690.005 to 690.225.

      (8) Adopt rules prescribing standards of professional conduct for persons practicing hair design, barbering, esthetics, nail technology or natural hair care.

      (9) Consult with the agency about the issuance and renewal of a license under ORS 690.055 authorizing a facility to provide barbering, esthetics, hair design, nail technology services or natural hair care.

 

      690.167 Disciplinary authority of Health Licensing Office. In the manner prescribed in ORS chapter 183 for contested cases and at the direction of the Board of Cosmetology, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person practicing barbering, hair design, esthetics, nail technology or natural hair care for any of the grounds listed in ORS 676.612 and for any violation of the provisions of ORS 690.005 to 690.225, or the rules adopted thereunder. [2003 c.547 §43; 2005 c.117 §7; 2005 c.648 §61; 2009 c.701 §42; 2013 c.290 §7; 2013 c.568 §88]

 

      Note: The amendments to 690.167 by section 88, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 7, chapter 290, Oregon Laws 2013, is set forth for the user’s convenience.

      690.167. In the manner prescribed in ORS chapter 183 for contested cases and at the direction of the Board of Cosmetology, the Oregon Health Licensing Agency may impose a form of discipline listed in ORS 676.612 against any person practicing barbering, hair design, esthetics, nail technology or natural hair care for any of the grounds listed in ORS 676.612 and for any violation of the provisions of ORS 690.005 to 690.225, or the rules adopted thereunder.

 

      690.170 [1969 c.687 §10; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.175 Chairperson; rules; meetings; quorum; compensation and expenses. (1) The Board of 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. [1977 c.886 §§16,17; 1999 c.425 §19]

 

      690.185 [1977 c.886 §18; 1983 c.151 §15; 1987 c.414 §85; 1999 c.425 §30; repealed by 2003 c.547 §118]

 

      690.195 Records of Health Licensing Office. (1) The Health Licensing Office 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, registration, license and permit issued by the office.

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

      (3) The records of the office shall at all reasonable times be open to inspection by the public. [1977 c.886 §19; 1987 c.31 §10; 1993 c.267 §14; 1999 c.425 §20; 2003 c.547 §47; 2005 c.648 §62; 2013 c.568 §89]

 

      Note: The amendments to 690.195 by section 89, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      690.195. (1) The Oregon Health Licensing Agency 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, registration, license and permit issued by the agency.

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

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

 

      690.200 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.205 Rules; approval of Oregon Health Authority; when domestic use of facility permitted. (1) The Board of Cosmetology may adopt rules for the administration of ORS 345.440 and 690.005 to 690.225 and for prescribing safety and infection control requirements for facilities. Infection control requirements for facilities shall be subject to the approval of the Oregon Health Authority. A copy of the rules adopted by the board shall be furnished by the board to the owner or manager of each 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) Rules adopted by the board prescribing safety and infection control requirements for facilities shall be adopted in accordance with the procedures set forth in ORS chapter 183. [1977 c.886 §§20,22(2); 1983 c.151 §16; 1993 c.267 §15; 1999 c.425 §21; 2003 c.547 §48; 2005 c.648 §63; 2009 c.595 §1107]

 

      690.210 [Repealed by 1977 c.270 §3; 1977 c.842 §26 and 1977 c.886 §42]

 

      690.215 [1977 c.886 §22(1); 1999 c.425 §22; repealed by 2003 c.547 §118]

 

      690.220 [Amended by 1969 c.687 §12; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.225 Inspections. (1) In addition to any other duties prescribed by law, the 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, infection control and licensing rules of the Board of Cosmetology and whether the schools comply with the health, safety and infection control requirements under ORS 345.010 to 345.450 and rules of the office. A report of the results of the inspection shall be submitted to the Higher Education Coordinating Commission. [1977 c.886 §26; 1983 c.151 §17; 1987 c.31 §11; 1987 c.414 §86; 1989 c.491 §68; 1993 c.45 §299; 1993 c.267 §16; 1995 c.343 §69; 1999 c.425 §23; 1999 c.885 §21a; 2003 c.547 §49; 2005 c.648 §64; 2012 c.104 §45; 2013 c.568 §§90,91]

 

      Note: The amendments to 690.225 by section 91, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 45, chapter 104, Oregon Laws 2012, is set forth for the user’s convenience.

      690.225. (1) In addition to any other duties prescribed by law, the Oregon Health Licensing Agency 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, infection control and licensing rules of the Board of Cosmetology and whether the schools comply with the health, safety and infection control requirements under ORS 345.010 to 345.450 and rules of the agency. A report of the results of the inspection shall be submitted to the Higher Education Coordinating Commission.

 

      690.227 [1999 c.425 §24; repealed by 2003 c.547 §118]

 

      690.228 [1983 c.151 §16b; 1999 c.425 §31; repealed by 2003 c.547 §118]

 

      690.230 [Amended by 1961 c.436 §4; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.235 [1977 c.886 §23; 1981 c.141 §3; 1983 c.151 §18; 1987 c.414 §87; 1989 c.675 §1; 1993 c.267 §17; 1999 c.425 §25; 1999 c.885 §22; 2003 c.547 §50; 2005 c.648 §65; 2009 c.701 §44; repealed by 2013 c.314 §65]

 

      690.240 [Amended by 1969 c.377 §2; repealed by 1971 c.734 §21]

 

      690.243 [1977 c.886 §24; repealed by 1979 c.31 §1]

 

      690.245 [1971 c.734 §146; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.250 [Amended by 1969 c.377 §3; repealed by 1971 c.734 §21]

 

      690.260 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.270 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.275 [1977 c.886 §38a; 1979 c.855 §1; 1983 c.151 §20; renumbered 345.460]

 

      690.280 [Amended by 1965 c.373 §1; 1971 c.753 §31; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.290 [Amended by 1969 c.377 §1; 1973 c.832 §40a; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.300 [Amended by 1965 c.274 §3; 1969 c.314 §91; 1969 c.377 §4; 1973 c.832 §40b; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.310 [Amended by 1969 c.377 §5; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.320 [Amended by 1973 c.832 §41; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.330 [Amended by 1961 c.436 §5; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

      690.340 [Amended by 1967 c.637 §34; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

BODY ART PRACTITIONERS

 

(Generally)

 

      690.350 Definitions for ORS 690.350 to 690.410. As used in ORS 690.350 to 690.410, unless the context requires otherwise:

      (1) “Body piercing” means the puncturing of a part of the body of a live human being to create a permanent hole for ornamentation or decoration.

      (2) “Dermal implanting” means the insertion of an object under the skin of a live human being for ornamentation or decoration.

      (3)(a) “Earlobe piercing” means the puncturing of the soft lower part of the external ear of a live human being for ornamentation or decoration.

      (b) “Earlobe piercing” does not include the puncturing of ear cartilage.

      (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 690.410 and refers to modalities of galvanic electrolysis, thermolysis and combinations thereof.

      (5) “Facility” means a fixed or mobile place of business operated on a regular or irregular basis for the purpose of providing services in one or more fields of practice.

      (6) “Field of practice” means:

      (a) Tattooing;

      (b) Body piercing;

      (c) Earlobe piercing;

      (d) Electrolysis;

      (e) Dermal implanting; or

      (f) Scarification.

      (7) “License” means a written authorization issued under ORS 690.365 authorizing the holder to:

      (a) Perform services in one or more fields of practice; or

      (b) Operate a facility.

      (8) “Scarification” means injury of the skin to produce a scar on a live human being for permanent ornamentation or decoration.

      (9) “Tattooing” means the process by which a live human being is marked or colored by insertion of nontoxic dyes or pigments to form indelible marks for ornamentation or decoration.

      (10) “Temporary license” means a written authorization issued under ORS 690.365 temporarily authorizing the holder to:

      (a) Perform services in a field of practice; or

      (b) Operate a facility. [1987 c.698 §1; 1993 c.30 §1; 1993 c.45 §300; 1999 c.885 §37; 2003 c.547 §51; 2005 c.648 §66; 2011 c.346 §8; 2013 c.82 §4]

 

      690.355 [1987 c.698 §2; 1989 c.171 §82; 1993 c.30 §2; 1999 c.885 §38; 2005 c.648 §67; repealed by 2011 c.346 §33]

 

      690.360 Prohibited acts; exceptions. (1) A person may not:

      (a) Perform or attempt to perform services in a field of practice without a license to perform services in that field of practice;

      (b) Perform or attempt to perform services in a field of practice outside a licensed facility;

      (c) Display a sign or in any way advertise or purport to offer services in a field of practice without a license to perform services in that field of practice;

      (d) Operate a facility, display a sign or in any way advertise or purport to offer services in a field of practice in a facility without a license to operate a facility or a temporary license to operate a facility;

      (e) Knowingly make a false statement on an application to obtain or renew a license;

      (f) Allow an individual in the employ or under the supervision or control of the person to perform services in a field of practice without a license to perform services in that field of practice;

      (g) Sell, barter or offer to sell or barter a document evidencing a license;

      (h) Purchase or procure by barter a document evidencing a license with intent to use the document as evidence of the person’s qualification to provide services in a field of practice;

      (i) Materially alter with fraudulent intent a license or temporary license; or

      (j) Use or attempt to use a fraudulently obtained, counterfeited or materially altered license or temporary license.

      (2) ORS 690.350 to 690.410 do not limit, preclude or otherwise interfere with the practice of other persons or health care providers licensed in this state.

      (3) Subsection (1)(a), (b) or (d) of this section does not apply to:

      (a) A student 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 a field of practice; or

      (b) An individual self-administering body piercing. [1987 c.698 §13; 1993 c.30 §3; 2003 c.547 §52; 2011 c.346 §11; 2013 c.314 §44]

 

(Licensing)

 

      690.365 License to perform services and facility licenses; qualifications; inspection; posting requirement; temporary licenses. (1)(a) The Health Licensing Office shall issue a license to perform services in a field of practice to an applicant who:

      (A) Shows to the satisfaction of the office that the applicant:

      (i) Is at least 18 years of age;

      (ii) Has a high school diploma or equivalent education; and

      (iii) Has submitted evidence of completion of education and training prescribed and approved by the office;

      (B) Has passed an examination approved, administered or recognized by the office; and

      (C) Pays the applicable fees established under ORS 676.592.

      (b) The office may issue a temporary license to perform services in a field of practice as prescribed by office rule.

      (2)(a) The office shall issue a license to operate a facility to a person who:

      (A) Files an application in the form and manner prescribed by the office;

      (B) Pays the applicable fees established under ORS 676.592; and

      (C) Complies with other requirements established by the office by rule.

      (b) The office shall conduct periodic inspections of facilities to determine compliance with safety, infection control and sterilization requirements.

      (c) A person holding a license to operate a facility must post the license in a conspicuous place at all times on the premises of the facility.

      (d) The office may issue a temporary license to operate a facility in accordance with rules adopted by the office. [1987 c.698 §3; 1993 c.30 §4; 2001 c.104 §264; 2003 c.547 §53; 2005 c.648 §68; 2009 c.701 §46; 2011 c.346 §12; 2013 c.314 §45; 2013 c.568 §93]

 

      Note: The amendments to 690.365 by section 93, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 45, chapter 314, Oregon Laws 2013, is set forth for the user’s convenience.

      690.365. (1)(a) The Oregon Health Licensing Agency shall issue a license to perform services in a field of practice to an applicant who:

      (A) Shows to the satisfaction of the agency that the applicant:

      (i) Is at least 18 years of age;

      (ii) Has a high school diploma or equivalent education; and

      (iii) Has submitted evidence of completion of education and training prescribed and approved by the agency;

      (B) Has passed an examination approved, administered or recognized by the agency; and

      (C) Pays the applicable fees established under ORS 676.592.

      (b) The agency may issue a temporary license to perform services in a field of practice as prescribed by agency rule.

      (2)(a) The Oregon Health Licensing Agency shall issue a license to operate a facility to a person who:

      (A) Files an application in the form and manner prescribed by the agency;

      (B) Pays the applicable fees established under ORS 676.592; and

      (C) Complies with other requirements established by the agency by rule.

      (b) The agency shall conduct periodic inspections of facilities to determine compliance with safety, infection control and sterilization requirements.

      (c) A person holding a license to operate a facility must post the license in a conspicuous place at all times on the premises of the facility.

      (d) The agency may issue a temporary license to operate a facility in accordance with rules adopted by the agency.

 

      690.370 Examinations; rules. The Health Licensing Office shall offer an examination for applicants for licenses to perform services in each field of practice at least twice a year. An applicant who fails any part of the examination may retake the failed section in accordance with rules adopted by the office. [1987 c.698 §4; 2001 c.104 §265; 2003 c.547 §54; 2005 c.648 §69; 2011 c.346 §13; 2013 c.568 §94]

 

      Note: The amendments to 690.370 by section 94, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      690.370. The Oregon Health Licensing Agency shall offer an examination for applicants for licenses to perform services in each field of practice at least twice a year. An applicant who fails any part of the examination may retake the failed section in accordance with rules adopted by the agency.

 

      690.380 Display of license required; notice to Health Licensing Office of place of business; notice to licensees. (1) A person who holds a license under ORS 690.350 to 690.410 shall notify the Health Licensing Office in writing of the regular address of the place or places where the person performs or intends to perform services in a field of practice and shall keep the license conspicuously posted in the place of business at all times.

      (2) The office shall keep a record of the place or places of business of each person who holds a license.

      (3) Any notice required to be given by the office to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the office. [1987 c.698 §8; 1993 c.30 §5; 2001 c.104 §266; 2003 c.547 §55; 2005 c.648 §70; 2011 c.346 §14; 2013 c.568 §95]

 

      Note: The amendments to 690.380 by section 95, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      690.380. (1) A person who holds a license under ORS 690.350 to 690.410 shall notify the Oregon Health Licensing Agency in writing of the regular address of the place or places where the person performs or intends to perform services in a field of practice and shall keep the license conspicuously posted in the place of business at all times.

      (2) The agency shall keep a record of the place or places of business of each person who holds a license.

      (3) Any notice required to be given by the agency to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the agency.

 

      690.385 License renewal. (1) To renew a license issued under ORS 690.365, the licensee must submit to the Health Licensing Office:

      (a) A completed renewal application;

      (b) The applicable renewal fee established under ORS 676.592; and

      (c) Satisfactory evidence of having completed any required continuing education credits on or before the expiration date of the license as specified by office rule.

      (2) A temporary license issued under ORS 690.365 expires as established by the office by rule. [1987 c.698 §9; 1993 c.30 §6; 2001 c.104 §267; 2003 c.547 §56; 2005 c.648 §71; 2009 c.701 §47; 2011 c.346 §15; 2013 c.314 §46; 2013 c.568 §96]

 

      Note: The amendments to 690.385 by section 96, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 46, chapter 314, Oregon Laws 2013, is set forth for the user’s convenience.

      690.385. (1) To renew a license issued under ORS 690.365, the licensee must submit to the Oregon Health Licensing Agency:

      (a) A completed renewal application;

      (b) The applicable renewal fee established under ORS 676.592; and

      (c) Satisfactory evidence of having completed any required continuing education credits on or before the expiration date of the license as specified by agency rule.

      (2) A temporary license issued under ORS 690.365 expires as established by the agency by rule.

 

      690.390 Required standards for practitioners; rules. The Health Licensing Office shall establish standards for practitioners in a field of practice. The standards must require:

      (1) That instruments used in a field of practice be sterilized in accordance with methods approved by the rules of the office;

      (2) A practitioner working in a field of practice to be equipped with appropriate sterilizing equipment, hot and cold running water and a covered waste receptacle; and

      (3) A practitioner working in a field of practice to keep case history cards for each client. [1987 c.698 §11; 1993 c.30 §7; 2005 c.648 §72; 2011 c.346 §16; 2013 c.568 §97]

 

      Note: The amendments to 690.390 by section 97, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      690.390. The Oregon Health Licensing Agency shall establish standards for practitioners in a field of practice. The standards must require:

      (1) That instruments used in a field of practice be sterilized in accordance with methods approved by the rules of the agency;

      (2) A practitioner working in a field of practice to be equipped with appropriate sterilizing equipment, hot and cold running water and a covered waste receptacle; and

      (3) A practitioner working in a field of practice to keep case history cards for each client.

 

      690.395 [1987 c.698 §10; 1993 c.30 §8; 2001 c.104 §268; repealed by 2003 c.547 §118]

 

      690.400 [1987 c.698 §12; repealed by 2003 c.547 §118]

 

(Board of Body Art Practitioners and Health Licensing Office)

 

      690.401 Board of Body Art Practitioners. (1) There is established within the Health Licensing Office the Board of Body Art Practitioners, to advise the office with regard to the regulation of fields of practice. The board consists of seven members appointed by the Governor.

      (2) Members of the board must be residents of this state. Of the members of the board:

      (a) Two members must be licensed under ORS 690.365 to perform body piercing, dermal implanting or scarification;

      (b) One member must be licensed under ORS 690.365 to practice electrolysis;

      (c) Two members must be licensed under ORS 690.365 to perform tattooing;

      (d) One member must be licensed under ORS chapter 677, 678 or 685; and

      (e) One member must be a member of the public who does not possess the professional qualifications of the other members.

      (3) The term of office of each member of the board is four years, but a member serves at the pleasure of the Governor. The Governor shall fill vacancies by appointment for the unexpired term. A member shall hold the member’s office until the appointment and qualification of a successor. A member is eligible for reappointment. If a person serves two consecutive full terms, a period of at least four years must elapse before the person is eligible for appointment to serve on the board.

      (4) The board shall meet at least once per year.

      (5) Members of the board are entitled to compensation and reimbursement of expenses as provided in ORS 292.495. [2011 c.346 §10; 2013 c.568 §98]

 

      Note: The amendments to 690.401 by section 98, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      690.401. (1) There is established within the Oregon Health Licensing Agency the Board of Body Art Practitioners, to advise the agency with regard to the regulation of fields of practice. The board consists of seven members appointed by the Governor.

      (2) Members of the board must be residents of this state. Of the members of the board:

      (a) Two members must be licensed under ORS 690.365 to perform body piercing, dermal implanting or scarification;

      (b) One member must be licensed under ORS 690.365 to practice electrolysis;

      (c) Two members must be licensed under ORS 690.365 to perform tattooing;

      (d) One member must be licensed under ORS chapter 677, 678 or 685; and

      (e) One member must be a member of the public who does not possess the professional qualifications of the other members.

      (3) The term of office of each member of the board is four years, but a member serves at the pleasure of the Governor. The Governor shall fill vacancies by appointment for the unexpired term. A member shall hold the member’s office until the appointment and qualification of a successor. A member is eligible for reappointment. If a person serves two consecutive full terms, a period of at least four years must elapse before the person is eligible for appointment to serve on the board.

      (4) The board shall meet at least once per year.

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

 

      690.405 Powers and duties of Health Licensing Office relating to body art practices; rules. (1) The Health Licensing Office shall:

      (a) Determine the qualifications, training, education and fitness of applicants for licenses, renewal of licenses and reciprocal licenses;

      (b) Adopt rules as necessary to administer ORS 690.350 to 690.410;

      (c) Issue, deny, revoke, suspend and renew licenses;

      (d) Maintain a public record of persons holding licenses;

      (e) Establish standards of practice and professional responsibility for persons licensed by the office to perform services in a field of practice;

      (f) Select licensing examinations;

      (g) Provide for waivers of examinations as appropriate;

      (h) Appoint representatives to conduct or supervise examinations of applicants for licensure;

      (i) Inspect the facilities of persons who perform services in one or more fields of practice; and

      (j) Issue temporary licenses to qualified applicants in accordance with rules adopted by the office.

      (2) Before the office adopts rules regulating body piercing of genitals or dermal implanting, the office shall consult with the Oregon Medical Board to ensure that the rules protect public safety.

      (3) The office may consult with the Oregon Medical Board before adopting rules relating to other body art practices. [1987 c.698 §15; 1993 c.30 §9; 1999 c.885 §39; 2003 c.547 §59; 2005 c.648 §73; 2009 c.701 §48; 2011 c.346 §17; 2013 c.314 §47; 2013 c.568 §99]

 

      Note: The amendments to 690.405 by section 99, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 47, chapter 314, Oregon Laws 2013, is set forth for the user’s convenience.

      690.405. (1) The Oregon Health Licensing Agency shall:

      (a) Determine the qualifications, training, education and fitness of applicants for licenses, renewal of licenses and reciprocal licenses;

      (b) Adopt rules as necessary to administer ORS 690.350 to 690.410;

      (c) Issue, deny, revoke, suspend and renew licenses;

      (d) Maintain a public record of persons holding licenses;

      (e) Establish standards of practice and professional responsibility for persons licensed by the agency to perform services in a field of practice;

      (f) Select licensing examinations;

      (g) Provide for waivers of examinations as appropriate;

      (h) Appoint representatives to conduct or supervise examinations of applicants for licensure;

      (i) Inspect the facilities of persons who perform services in one or more fields of practice; and

      (j) Issue temporary licenses to qualified applicants in accordance with rules adopted by the agency.

      (2) Before the agency adopts rules regulating body piercing of genitals or dermal implanting, the agency shall consult with the Oregon Medical Board to ensure that the rules protect public safety.

      (3) The agency may consult with the Oregon Medical Board before adopting rules relating to other body art practices.

 

      690.407 Disciplinary authority of Health Licensing Office. In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person performing services in a field of practice for any of the grounds listed in ORS 676.612, and for any violation of the provisions of ORS 690.350 to 690.410, or the rules adopted thereunder. [2003 c.547 §57; 2005 c.648 §74; 2011 c.346 §18; 2013 c.568 §100]

 

      Note: The amendments to 690.407 by section 100, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      690.407. In the manner prescribed in ORS chapter 183 for contested cases, the Oregon Health Licensing Agency may impose a form of discipline listed in ORS 676.612 against any person performing services in a field of practice for any of the grounds listed in ORS 676.612, and for any violation of the provisions of ORS 690.350 to 690.410, or the rules adopted thereunder.

 

      690.410 Minimum standards of education and training; rules; schools. (1) The Health Licensing Office, in accordance with ORS chapter 183 and in consultation with the Board of Body Art Practitioners, shall adopt by rule minimum standards of education and training requirements for each field of practice.

      (2) The office shall approve courses in each field of practice. To obtain approval of a course, the provider of a course must submit an outline of instruction to the office and the Department of Education. The outline must include the approved courses, total hours of instruction, hours of lectures in theory and the hours of instruction in application of practical skills.

      (3) Schools teaching a field of practice must comply with the safety and infection control rules adopted by the office and are subject to inspection at the discretion of the office. [1987 c.698 §6; 1989 c.475 §1; 1989 c.491 §69; 1993 c.30 §10; 1993 c.45 §301; 1999 c.885 §40; 2001 c.104 §269; 2003 c.547 §60; 2005 c.648 §75; 2011 c.346 §19; 2013 c.568 §101]

 

      Note: The amendments to 690.410 by section 101, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      690.410. (1) The Oregon Health Licensing Agency, in accordance with ORS chapter 183 and in consultation with the Board of Body Art Practitioners, shall adopt by rule minimum standards of education and training requirements for each field of practice.

      (2) The agency shall approve courses in each field of practice. To obtain approval of a course, the provider of a course must submit an outline of instruction to the agency and the Department of Education. The outline must include the approved courses, total hours of instruction, hours of lectures in theory and the hours of instruction in application of practical skills.

      (3) Schools teaching a field of practice must comply with the safety and infection control rules adopted by the agency and are subject to inspection at the discretion of the agency.

 

      690.415 [1987 c.698 §5; 1991 c.703 §33; 1993 c.30 §11; 2001 c.104 §270; 2003 c.547 §61; 2005 c.648 §76; 2009 c.701 §49; 2011 c.346 §20; repealed by 2013 c.314 §65]

 

      690.420 [1987 c.698 §§23,27; 1991 c.734 §104; 1999 c.885 §41; repealed by 2003 c.547 §118]

 

      690.425 [1987 c.698 §24; 1993 c.30 §12; 1999 c.885 §42; 2003 c.547 §62; 2005 c.648 §77; 2009 c.701 §50; repealed by 2011 c.346 §33]

 

      690.430 [1987 c.698 §26; 2001 c.104 §271; 2003 c.547 §63; 2005 c.648 §78; repealed by 2011 c.346 §33]

 

      690.500 [1995 c.562 §1; 1999 c.885 §51; 2003 c.547 §66; 2005 c.648 §79; repealed by 2011 c.346 §33]

 

      690.507 [2003 c.547 §64; 2005 c.648 §80; 2009 c.701 §51; repealed by 2011 c.346 §33]

 

      690.510 [1995 c.562 §2; 1999 c.885 §52; 2003 c.547 §67; 2005 c.648 §81; 2009 c.701 §52; repealed by 2011 c.346 §33]

 

      690.515 [2003 c.547 §72; 2005 c.648 §82; repealed by 2011 c.346 §33]

 

      690.520 [1995 c.562 §3; 1999 c.885 §53; 2003 c.547 §68; 2005 c.648 §83; 2009 c.701 §53; repealed by 2011 c.346 §33]

 

      690.530 [1995 c.562 §4; 2001 c.104 §272; 2005 c.648 §84; repealed by 2011 c.346 §33]

 

      690.540 [1995 c.562 §5; 1999 c.885 §54; repealed by 2003 c.547 §118]

 

      690.550 [1995 c.562 §6; 1999 c.885 §55; 2003 c.547 §69; 2005 c.648 §85; 2009 c.701 §54; repealed by 2011 c.346 §33]

 

      690.560 [1995 c.562 §7; repealed by 2003 c.547 §118]

 

      690.570 [1995 c.562 §9; 2003 c.547 §71; 2005 c.648 §86; repealed by 2011 c.346 §33]

 

      690.990 [Amended by 1977 c.270 §2; repealed by 1977 c.842 §26 and 1977 c.886 §42]

 

PENALTIES

 

      690.992 Criminal penalties. (1) Violation of ORS 690.015 is a Class B misdemeanor.

      (2) Violation of ORS 690.360 is a Class A misdemeanor. [1977 c.886 §25; subsection (2) enacted as 1987 c.698 §14; 2003 c.547 §74; 2011 c.346 §21]

 

      690.995 [1983 c.151 §22; 1991 c.734 §80; 1999 c.425 §26; repealed by 2003 c.547 §118]

 

      690.996 [1987 c.698 §§16,18,19,20; 2001 c.104 §273; repealed by 2003 c.547 §118]

 

      690.997 [1987 c.698 §17; 1991 c.734 §81; repealed by 2003 c.547 §118]

 

      690.998 [1987 c.698 §§21,22; repealed by 1991 c.734 §122]

 

      690.999 [1995 c.562 §8; 1999 c.885 §56; repealed by 2003 c.547 §118]

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