ORS Chapter 690
Chapter 690 — CosmeticProfessionals
2009 EDITION
COSMETICPROFESSIONALS
OCCUPATIONSAND PROFESSIONS
BARBERING;HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY
(Generally)
690.005 Definitionsfor ORS 690.005 to 690.235
690.015 Prohibitedacts
690.025 Exemptions;rules
(Certificates,Licenses, Permits and Registrations)
690.035 Applicationfor certificate or permit
690.046 Practitionercertification requirements; rules
690.047 Waiverof educational requirement
690.048 Certificateprima facie evidence of right to practice; rules
690.055 Facilitylicense and temporary facility permit requirements
690.057 Independentcontractor registration requirements
690.065 Examinations
690.085 Renewalof certificates, registrations and licenses
690.095 Displayof certificate, registration, license, permit or freelance authorization
690.105 Demonstrationpermit requirements
690.123 Freelanceauthorization; fees
(Boardof Cosmetology and Oregon Health Licensing Agency)
690.155 Boardof Cosmetology
690.165 Powersof board; rules
690.167 Disciplinaryauthority of Oregon Health Licensing Agency
690.175 Chairperson;rules; meetings; quorum; compensation and expenses
690.195 Recordsof Oregon Health Licensing Agency
690.205 Rules;approval of Oregon Health Authority; when domestic use of facility permitted
690.225 Inspections
690.235 Fees;rules; disposition of receipts
ELECTROLOGISTS;PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS
(Generally)
690.350 Definitionsfor ORS 690.350 to 690.430
690.355 Licenserequired to perform electrolysis or tattooing; exceptions
690.360 Prohibitedacts
(Licensing)
690.365 Licensefee; general qualifications; initial license; expiration; demonstration andtemporary permits
690.370 Examinations
690.380 Displayof license required; notice to Oregon Health Licensing Agency of place ofbusiness; notice to licensees; license to operate tattoo facility
690.385 Licenserenewal, reactivation and reinstatement fees; continuing education; rules
690.390 Requiredstandards for licensees; rules
(Administration)
690.405 Powersand duties of Oregon Health Licensing Agency relating to practice ofelectrolysis, permanent coloring or tattooing; rules
690.407 Disciplinaryauthority of Oregon Health Licensing Agency
690.410 Minimumstandards of education and training; rules; schools
690.415 Fees;rules; disposition of receipts
(AdvisoryCouncil)
690.425 Advisorycouncil; membership; terms; compensation
690.430 Dutiesof advisory council
BODYPIERCING TECHNICIANS
690.500 Definitionsfor ORS 690.500 to 690.550
690.507 Registrationof body piercing technicians; licensure of body piercing facility; exceptions
690.510 Registrationprogram; requirements for issuance; expiration, renewal, reactivation andreinstatement; rules
690.515 Disciplinaryauthority of Oregon Health Licensing Agency
690.520 Licensingof body piercing facilities; inspections; requirements for issuance;expiration, renewal and reactivation; rules
690.530 Bodypiercing facility requirements; rules
690.550 Fees;rules; disposition of receipts
690.570 Rules
PENALTIES
690.992 Criminalpenalties
BARBERING;HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY
(Generally)
690.005Definitions for ORS 690.005 to 690.235. As used in ORS 690.005 to 690.235:
(1)“Barbering” means any of the following practices, when done upon the human bodyfor cosmetic purposes and not for medical diagnosis or treatment of disease orphysical or mental ailments:
(a)Shampooing, styling, cutting, singeing and conditioning of the hair of anindividual.
(b)Applying hair tonics, dressings and rinses.
(c)Massaging of the scalp, face and neck and applying facial and scalp treatmentswith creams, lotions, oils and other cosmetic preparations, either by hand ormechanical appliances, but such appliances shall not be galvanic or faradic.
(d)Shaving, trimming or cutting of the beard or mustache.
(2)“Board” means the Board of Cosmetology, created within the Oregon HealthLicensing Agency.
(3)“Certificate” means a written authorization for the holder to perform in one ormore fields of practice.
(4)“Cosmetology” means the art or science of beautifying and improving the skin,nails and hair and the study of cosmetics and their application.
(5)“Demonstration permit” means a written authorization for a person to practice,demonstrate and teach one or more fields of practice on a temporary basis.
(6)“Esthetics” means any of the following skin care practices performed on thehuman body for the purpose of keeping the skin healthy and attractive and not formedical diagnosis or treatment of disease or physical or mental ailments:
(a)The use of the hands or mechanical or electrical apparatuses or appliances forcleansing, stimulating, manipulating, exfoliating or applying lotions orcreams.
(b)Temporary removal of hair.
(c)Makeup artistry.
(d)Facial and body wrapping.
(e)Facial and body waxing.
(7)“Facility” means an establishment operated on a regular or irregular basis forthe purpose of providing services in one or more fields of practice.
(8)“Field of practice” means the following cosmetology disciplines:
(a)Barbering.
(b)Esthetics.
(c)Hair design.
(d)Nail technology.
(9)“Freelance authorization” means a written authorization that allows apractitioner to practice outside or away from a licensed facility.
(10)“Hair design” means any of the following practices, when done upon the humanbody for cosmetic purposes and not for medical diagnosis or treatment ofdisease 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 hairof an individual.
(c)Massaging the scalp and neck when performed in conjunction with activities inparagraph (a) or (b) of this subsection.
(11)“Independent contractor” means a practitioner who qualifies as an independentcontractor under ORS 670.600 and who is not under the control and direction ofa facility license holder.
(12)“License” means a written authorization issued under ORS 690.055 to a person tooperate a facility for providing services related to one or more fields ofpractice to the public.
(13)“Nail technology” means any of the following manicuring or pedicuring practicesperformed for cosmetic purposes and not for medical diagnosis or treatment ofdisease or physical or mental ailments:
(a)Cutting, trimming, polishing, coloring, tinting, cleansing or otherwisetreating 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.
(14)“Practitioner” means a person certified to perform services included within afield of practice.
(15)“Registration” means a written authorization issued to an independentcontractor to hold forth to the public as a business entity providing servicesin a field of practice.
(16)“School” means an educational establishment that has a license issued by theDepartment of Education and is operated for the purpose of teaching one or morefields of practice.
(17)“Temporary facility permit” means a written authorization issued under ORS690.055 to provide services on a temporary basis in one or more fields ofpractice. [1977 c.886 §1; 1983 c.151 §1; 1987 c.31 §2; 1989 c.171 §81; 1993c.45 §296; 1993 c.267 §1; 1995 c.343 §61; 1999 c.425 §1; 2003 c.547 §38; 2005c.117 §1; 2005 c.648 §50; 2009 c.701 §30]
690.010 [Amended by1969 c.687 §1; 1977 c.270 §1; repealed by 1977 c.842 §26 and 1977 c.886 §42]
690.015Prohibited acts.(1) This section establishes prohibitions relating to the practice of hairdesign, barbering, esthetics and nail technology. The prohibitions under thissection are subject to the exemptions under ORS 690.025. A person who commitsan act prohibited under this section is subject to the penalties under ORS690.992 in addition to any administrative action taken by or any civil penaltyimposed 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 acertificate, demonstration permit, registration or freelance authorization.
(b)Operate a facility without a license or temporary facility permit.
(c)Perform or attempt to perform services in a field of practice in a facilitythat does not have a license or temporary facility permit.
(d)Practice hair design, barbering, esthetics or nail technology as an independentcontractor without a registration.
(e)Display a sign or in any way advertise or purport to offer services in a fieldof practice without first obtaining a permit, certificate, independentcontractor registration or facility license.
(f)Knowingly make a false statement on an application to obtain or renew acertificate, registration, license or permit or to obtain a freelanceauthorization.
(g)Allow an individual in the employ or under the supervision or control of theperson 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, permit or freelance authorization.
(i)Purchase or procure by barter a document evidencing a certificate with intentto 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, permit or freelance authorization.
(k)Use or attempt to use as valid a fraudulently obtained, counterfeited ormaterially altered document evidencing a certificate, registration, license,permit or freelance authorization. [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]
690.020 [Amended by1961 c.300 §3; 1969 c.687 §2; repealed by 1977 c.842 §26 and 1977 c.886 §42]
690.025Exemptions; rules.ORS 690.005 to 690.235 do not apply to:
(1)Persons who perform service without compensation in case of emergency or indomestic administration.
(2)Persons licensed by a health professional regulatory board listed in ORS676.160 who are acting within the scope of their professional license.
(3)Persons identified by the Oregon Health Licensing Agency or Board ofCosmetology by rule who are acting under the authority of a hospital or longterm care facility licensed under ORS 441.025 or a residential facilitylicensed under ORS 443.415.
(4)Persons engaged in rendering emergency medical assistance as defined in ORS30.800.
(5)Persons licensed by the State Board of Pharmacy, merchants or other individualswhen demonstrating apparatus or supplies for purposes of sale.
(6)Commissioned medical and surgical officers and personnel of the United StatesArmed Services while operating on a military base and personnel of correctionalinstitutions while operating on the premises of a correctional facility.
(7)Persons applying temporary makeup, combing hair or applying hair spray, withoutcompensation specifically for the application or combing, for the sole purposeof preparing any individual for a professional photograph or theatricalperformance.
(8)A student while engaged in training at the direction of and under the directsupervision of the faculty of a school licensed under ORS 345.010 to 345.450 toteach a field of practice.
(9)The agency may exempt practitioners providing services at charitable or fundraising events. In establishing an exemption, the agency shall consider andevaluate each written request on an individual basis. [1977 c.886 §2; 1983c.151 §3; 1987 c.31 §4; 1993 c.45 §297; 1993 c.267 §3; 1995 c.343 §63; 1999c.425 §3; 2005 c.117 §3; 2009 c.701 §32]
690.030 [Repealed by1977 c.842 §26 and 1977 c.886 §42]
(Certificates,Licenses, Permits and Registrations)
690.035Application for certificate or permit. A person desiring to obtain acertificate or demonstration permit shall apply in writing to the Oregon HealthLicensing Agency on a form approved by the agency. Each application shallcontain an affirmation by the applicant that the information contained thereinis accurate. The application must also include evidence establishing to thesatisfaction of the agency that the applicant possesses the necessaryqualifications. [1977 c.886 §4; 1999 c.425 §4; 2005 c.648 §52]