US Laws, Codes, Statutes & Cases

Chapter 690 — Cosmetic Professionals

 

2007 EDITION

 

COSMETIC PROFESSIONALS

 

OCCUPATIONS AND PROFESSIONS

 

BARBERING; HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY

 

(Generally)

 

690.005     Definitions for ORS 690.005 to 690.235

 

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

 

690.055     Facility license and temporary facility permit requirements

 

690.057     Independent contractor registration requirements

 

690.065     Examinations

 

690.085     Renewal of certificates, registrations and licenses

 

690.095     Display of certificate, registration, license, permit or certificate of identification

 

690.105     Demonstration permit requirements

 

690.123     Certificate of identification; fees

 

(Board of Cosmetology and Oregon Health Licensing Agency)

 

690.155     Board of Cosmetology; qualifications; appointment

 

690.165     Powers of board; rules

 

690.167     Disciplinary authority of Oregon Health Licensing Agency

 

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

 

690.195     Records of Oregon Health Licensing Agency

 

690.205     Rules; approval of Department of Human Services; 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     Definitions for ORS 690.350 to 690.430

 

690.355     License required to perform electrolysis or tattooing; exceptions

 

690.360     Prohibited acts

 

(Licensing)

 

690.365     License fee; general qualifications; initial license; expiration

 

690.370     Examinations

 

690.380     Display of license required; notice to Oregon Health Licensing Agency of place of business; notice to licensees; license to operate tattoo facility

 

690.385     License renewal; fees; effect of failure to renew; continuing education requirement; rules

 

690.390     Required standards for licensees; rules

 

(Administration)

 

690.405     Powers and duties of Oregon Health Licensing Agency relating to practice of electrolysis, permanent coloring or tattooing; rules

 

690.407     Disciplinary authority of Oregon Health Licensing Agency

 

690.410     Minimum standards of education and training; rules; schools

 

690.415     Fees; rules; disposition of receipts

 

(Advisory Council)

 

690.425     Advisory council; membership; terms; compensation

 

690.430     Duties of advisory council

 

BODY PIERCING TECHNICIANS

 

690.500     Definitions for ORS 690.500 to 690.550

 

690.507     Registration of body piercing technicians; licensure of body piercing facility; exceptions

 

690.510     Registration required for body piercing technician; requirements for issuance; expiration and renewal

 

690.515     Disciplinary authority of Oregon Health Licensing Agency

 

690.520     Licensing of body piercing facilities; inspections; requirements for issuance; expiration and renewal; exemptions

 

690.530     Body piercing facility requirements; rules

 

690.550     Fees; rules; disposition of receipts

 

690.570     Rules

 

PENALTIES

 

690.992     Criminal penalties

 

BARBERING; HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY

 

(Generally)

 

      690.005 Definitions 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 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, 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 Health Licensing Agency.

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

      (4) “Cosmetology” means the art or science of beautifying and improving the skin, nails and hair 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 the human body for the purpose of keeping the skin 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 electrical apparatuses or appliances for cleansing, stimulating, manipulating, exfoliating or applying lotions or creams.

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

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

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

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

 

      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 and nail technology. 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 as a practitioner without a certificate, demonstration permit or certificate of identification.

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

      (c) Operate a facility unless it is at all times under the direct supervision of a practitioner.

      (d) Practice hair design, barbering, esthetics or nail technology 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 or to obtain a certificate of identification.

      (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, permit or certificate of identification.

      (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, permit or certificate of identification.

      (k) Use or attempt to use as valid a fraudulently obtained, counterfeited or materially altered document evidencing a certificate, registration, license, permit or certificate of identification. [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]

 

      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 690.235 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 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, without compensation specifically for the application or combing, for the sole purpose of preparing any 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. [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]

 

      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 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. [1977 c.886 §4; 1999 c.425 §4; 2005 c.648 §52]

 

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

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

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

      (3) Pay all appropriate fees.

      (4) Meet any additional requirements the Board of Cosmetology may impose by rule for certification in a particular field of practice. [1999 c.425 §6 (enacted in lieu of 690.045); 2005 c.117 §4]

 

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

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

      (2) The applicant is certified in another state. [1999 c.425 §8]

 

      690.048 Certificate prima facie evidence of right to practice. (1) The Oregon Health Licensing Agency shall issue a certificate to each applicant who qualifies under ORS 690.046. 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. [1983 c.151 §6; 1993 c.267 §5; 1995 c.343 §65; 1999 c.425 §9; 2003 c.547 §40; 2005 c.648 §53]

 

      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 Department of Human Services and any other state agencies.

      (d) Pay the required fees.

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

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

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

      (f) Comply with the applicable health and safety laws and rules of the Department of Human Services and any other state agencies.

      (g) Pay the appropriate application and permit fees.

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

      (3) The agency may issue a single facility license to an applicant pursuant to ORS 676.617.

      (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.

      (5) A facility must at all times be under the direct supervision of a practitioner. [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]

 

      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 Department of Human Services and any other state agencies.

      (d) Pay the required fees.

      (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]

 

      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 Renewal of certificates, registrations and licenses. (1) All practitioner certificates shall expire on the last day of the month, two years from the date of issuance, unless renewed prior to the expiration date by payment of the required renewal fee and compliance with other requirements as established by the Board of Cosmetology.

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

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

      (4) A certificate, registration or license not renewed before it expires may be renewed by payment of the required renewal and late fees and by compliance with other requirements for renewal as determined by the board.

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

      (a) Submits an application for certification;

      (b) Satisfactorily passes the examination required by ORS 690.065; and

      (c) Submits payment of the application, examination and certificate fees at the time of reapplication. [1977 c.886 §9; 1983 c.151 §9; 1987 c.31 §7; 1993 c.267 §9; 1999 c.425 §14; 2005 c.648 §56]

 

      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 Display of certificate, registration, license, permit or certificate of identification. Every holder of a certificate, registration, license, permit or certificate of identification shall display the document in public view where services are being rendered. [1977 c.886 §10; 1979 c.663 §1; 1993 c.267 §10; 1999 c.425 §15]

 

      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 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 required application and permit fees. [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]

 

      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 Certificate of identification; fees. (1) The Oregon Health Licensing Agency may issue a practitioner a certificate of identification to practice outside of or away from a licensed facility.

      (2) The Board of Cosmetology shall determine requirements and the agency shall establish fees for issuance of a certificate of identification.

      (3) Practitioners performing services outside of a licensed facility under the provisions of a certificate of identification shall comply with the safety and infection control requirements under ORS 690.165 and 690.205 and rules adopted thereunder. [1977 c.886 §13; 1983 c.151 §12; 1993 c.267 §12; 1999 c.425 §29; 2003 c.547 §45; 2005 c.648 §58]

 

      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 Oregon Health Licensing Agency)

 

      690.155 Board of Cosmetology; qualifications; appointment. (1) There is created within the Oregon Health Licensing Agency the Board of Cosmetology consisting of seven members appointed by the 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 valid certificates.

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

      (2) A person is not eligible for appointment as a member of the board if the person has previously served two terms.

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

      (4) 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. [1977 c.886 §14; 1983 c.151 §13; 1987 c.414 §84; 1999 c.425 §17; 1999 c.885 §20; 2005 c.648 §59]

 

      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 690.235, 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 676.607, direct the Oregon Health Licensing Agency to issue certificates, registrations, licenses, permits and certificates of identification to individuals determined by the board to be qualified.

      (5) Except as otherwise provided in ORS 690.205 (2) or other provision of law, adopt rules establishing and enforcing standards for safety, 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 690.235.

      (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 thereof.

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

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

      (9) Consult with the agency about the issuance and renewal of a single facility license under ORS 676.617 authorizing a facility to provide cosmetology services. [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]

 

      690.167 Disciplinary authority of Oregon Health Licensing Agency. 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, cosmetology, hair design, esthetics or nail technology for any of the grounds listed in ORS 676.612 and for any violation of the provisions of ORS 690.005 to 690.235, or the rules adopted thereunder. [2003 c.547 §43; 2005 c.117 §7; 2005 c.648 §61]

 

      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 Oregon Health Licensing Agency. (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. [1977 c.886 §19; 1987 c.31 §10; 1993 c.267 §14; 1999 c.425 §20; 2003 c.547 §47; 2005 c.648 §62]

 

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

 

      690.205 Rules; approval of Department of Human Services; 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 690.235 and for prescribing safety and infection control requirements for facilities. Infection control requirements for facilities shall be subject to the approval of the Department of Human Services. 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]

 

      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 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 Department of Education. [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]

 

      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 Fees; rules; disposition of receipts. (1) The Oregon Health Licensing Agency, in consultation with the Board of Cosmetology, shall establish by rule and collect fees related to the practice of cosmetology. Fees may be assessed for the following:

      (a) Application for a certificate, license or permit.

      (b) Issuance of an original two-year practitioner certificate.

      (c) Renewal of a two-year practitioner certificate.

      (d) Each initial examination section in an individual field of practice and reexamination of failed sections.

      (e) Issuance of a demonstration permit.

      (f) Issuance of a facility license.

      (g) Renewal of a facility license.

      (h) Issuance of a temporary facility permit.

      (i) Issuance of an independent contractor registration.

      (j) Renewal of an independent contractor registration.

      (k) Issuance of a duplicate or replacement certificate, license or permit.

      (L) Late renewal fee.

      (m) Reciprocity fee.

      (n) Issuance of a certificate of identification.

      (2) All moneys received by the agency under this section shall be paid into the General Fund of the State Treasury and credited to the Oregon Health Licensing Agency Account, and are appropriated continuously to and shall be used by the agency only for the administration and enforcement of ORS 690.005 to 690.235.

      (3) The fees established by the agency under subsection (1) of this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees shall not exceed the cost of administering ORS 690.005 to 690.235 pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the budget of the agency, as that budget may be modified by the Emergency Board.

      (4) In addition to the fees established under subsection (1) of this section, the agency may assess fees for providing copies of official documents or records and for recovering administrative costs associated with compiling, photocopying or preparing and delivering the records. [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]

 

      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