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2009 Oregon Code :: TITLE 52

TITLE 52

OCCUPATIONS AND PROFESSIONS

Chapter 670. Occupations and Professions Generally

671. Architect; Landscape Professions and Business

672. Professional Engineers; Land Surveyors; Photogrammetrists; Geologists

673. Accountants; Tax Consultants and Preparers

674. Real Estate Appraisers and Appraisal

675. Psychologists; Occupational Therapists; Certified Sex Offender Therapists; Regulated Social Workers; Licensed Professional Counselors and Marriage and Family Therapists

676. Health Professions Generally

677. Regulation of Medicine, Podiatry and Acupuncture

678. Nurses; Nursing Home Administrators

679. Dentists

680. Dental Hygienists; Denturists

681. Hearing and Speech Professionals

682. Regulation of Ambulance Services and Emergency Medical Personnel

683. Optometrists; Opticians

684. Chiropractors

685. Naturopaths

686. Veterinarians; Veterinary Technicians

687. Massage Therapists; Direct Entry Midwives

688. Therapeutic and Technical Services: Physical Therapists; Medical Imaging Practitioners and Limited X-Ray Machine Operators; Hemodialysis Technicians; Athletic Trainers; Respiratory Therapists

689. Pharmacists; Drug Outlets; Drug Sales

690. Cosmetic Professionals

691. Dietitians

692. Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery and Crematory Operators

693. Plumbers

694. Hearing Aid Specialists

695. Watch Dealers

696. Real Estate and Escrow Activities

697. Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers

698. Auctions

699. Innkeepers and Hotelkeepers

700. Environmental Health Specialists; Waste Water Specialists

701. Construction Contractors and Contracts

702. Student Athlete Agents

703. Truth Verification and Deception Detection; Investigators

704. Outfitters and Guides

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OCCUPATIONS AND PROFESSIONS

Chapter 670 — Occupations and Professions Generally

2009 EDITION

OCCUPATIONS AND PROFESSIONS GENERALLY

EDUCATIONAL REQUIREMENTS

670.010 Waiver of educational requirement for admission to examination for license or certificate to practice profession, trade or calling

670.020 Filing evidence of complete educational requirement after taking examination

LICENSING ADMINISTRATION

(Generally)

670.275 Policy statement

670.280 Denial, suspension or revocation of license based on criminal conviction; denial of license or imposition of discipline for conduct substantially related to fitness and ability of applicant or licensee

670.283 Power of state agency to suspend license includes power to reinstate

670.290 Prohibited uses of juvenile records in employment, licensing or admission

670.300 Licensing and advisory board officers; quorum and meeting requirements; compensation and expenses of members

670.304 Application of ORS 670.300 to 670.380

670.306 Administrative officers for boards; other employees

670.310 Rulemaking authority; board seal

670.315 Administration of oaths; obtaining and taking evidence at board proceedings; effect of failure to obey board subpoena

670.325 Proceedings on denial of license; restraining violations; authority of administrative law judge; record of proceedings

670.335 Disposition of fees received by boards; procedure for payment of board expenses

670.345 Procedure for filling vacancies on board

670.350 Administration of professional qualification examinations

(Reciprocal Agreements)

670.380 When reciprocal licensing or registration agreements authorized; termination

INDEPENDENT CONTRACTORS

670.600 Independent contractor defined

670.605 Rules for application of definition of independent contractor

670.610 Referees in recreational soccer matches considered independent contractors

INTERAGENCY COMPLIANCE NETWORK

670.700 Agencies in network; duties of network

670.705 Reporting

EDUCATIONAL REQUIREMENTS

670.010 Waiver of educational requirement for admission to examination for license or certificate to practice profession, trade or calling. Any state board or commission that examines applicants for license or certification to practice a profession or engage in a trade or calling may, in its discretion, waive the educational requirement for admission to such examination, provided that the applicant furnishes evidence satisfactory to such state board or commission that the applicant is currently enrolled in a school, college or university approved by such state board or commission and will satisfy the educational requirement for admission to such examination on satisfactory completion of courses for which the applicant is currently enrolled and that this educational requirement will be met not later than four calendar months from the first day of the month following the month in which the examination is given. [1953 c.103 §1; 1975 c.429 §5; 1977 c.47 §1]

670.020 Filing evidence of complete educational requirement after taking examination. (1) Evidence of completion of the educational requirement waived as provided in ORS 670.010 shall be filed with such state board or commission not later than four calendar months from the first day of the month following the month in which the examination is taken. State boards and commissions shall withhold official certification of the successful completion of the examination until such evidence is furnished. The affidavit of the registrar or administrative head of the school, college or university shall be deemed satisfactory evidence.

(2) If any candidate admitted to an examination as provided in ORS 670.010 shall fail or neglect within said period to complete the educational requirement for such examination, then the completion of the examination by such candidate shall be null and void, and of no effect. The state board or commission which examined the candidate, however, shall retain any examination fee paid by the candidate. [1953 c.103 §2; 1975 c.429 §6; 1981 c.89 §19]

670.210 [1967 c.344 §1; 1971 c.648 §31; repealed by 1981 c.76 §1]

670.220 [1967 c.344 §§2,3; 1971 c.648 §32; repealed by 1981 c.76 §1]

670.230 [1967 c.344 §4; repealed by 1981 c.76 §1]

670.240 [1967 c.344 §5; repealed by 1981 c.76 §1]

LICENSING ADMINISTRATION

(Generally)

670.275 Policy statement. In enacting chapter 753, Oregon Laws 1971, it is the intention of the Legislative Assembly to provide for the more effective coordination of the administrative functions of boards charged with responsibility for protecting the public through the licensing and regulating of certain professions practiced in this state. Further, it is the intention of the Legislative Assembly to retain responsibility for decisions on qualifications, standards of practice, licensing, discipline and other discretionary functions relating to professional activities in the professional licensing boards, members of which are qualified by education, training and experience to make the necessary judgments. [Formerly 184.575]

Note: Legislative Counsel has substituted “chapter 753, Oregon Laws 1971,” for the words “this Act” in section 1, chapter 753, Oregon Laws 1971, compiled as 670.275 [Formerly 184.575]. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 20 of ORS.

(a) “License” includes a registration, certification or permit.

(b) “Licensee” includes a registrant or a holder of a certification or permit.

(2) Except as provided in ORS 342.143 (3) or 342.175 (3), a licensing board, commission or agency may not deny, suspend or revoke an occupational or professional license solely for the reason that the applicant or licensee has been convicted of a crime, but it may consider the relationship of the facts which support the conviction and all intervening circumstances to the specific occupational or professional standards in determining the fitness of the person to receive or hold the license.

(3) Except as provided in ORS 342.143 (3) and 342.175 (3), a licensing board, commission or agency may deny an occupational or professional license or impose discipline on a licensee based on conduct that is not undertaken directly in the course of the licensed activity, but that is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required. In determining whether the conduct is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required, the licensing board, commission or agency shall consider the relationship of the facts with respect to the conduct and all intervening circumstances to the specific occupational or professional standards. [1973 c.359 §1; 1991 c.662 §6a; 2003 c.749 §13; 2009 c.386 §5]

670.283 Power of state agency to suspend license includes power to reinstate. If a state agency, board or commission has the power to issue any license, certification or registration necessary to practice any profession or engage in any trade or calling, any statute granting the state agency, board or commission the power to suspend the license, certification or registration includes the power to reinstate:

(1) At a time certain; or

(2) When the person subject to suspension fulfills conditions for reinstatement set by the agency, board or commission. [1979 c.201 §1]

670.285 [1975 c.759 §10; renumbered 183.435]

670.290 Prohibited uses of juvenile records in employment, licensing or admission. It shall be unlawful for any state agency or licensing board, including the Oregon State Bar, to:

(1) Require that an applicant for employment, licensing or admission answer any questions regarding the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262;

(2) Bar or discharge from employment or refuse to hire or employ such individual because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262; or

(3) Deny, revoke or suspend a license because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. [1977 c.801 §2; 1983 c.820 §16; 1993 c.33 §360]

670.300 Licensing and advisory board officers; quorum and meeting requirements; compensation and expenses of members. (1) Except as otherwise provided by law, each professional licensing and advisory board shall select annually one of its members as chairperson and another as vice chairperson, with such powers and duties necessary for the performance of the functions of such offices as the board shall determine.

(2) The majority of the members of the board constitutes a quorum for the transaction of business.

(3) The board shall meet at least once a year, not later than July 1, at a place, day and hour determined by the board. The board shall also meet at such other times and places as are specified by the call of the chairperson or a majority of the members of the board.

(4) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. [1971 c.753 §8; 1987 c.414 §95]

670.304 Application of ORS 670.300 to 670.380. Except as otherwise specifically provided, ORS 670.300 to 670.380 apply to the following professional licensing and advisory boards:

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

(2) The Oregon Board of Maritime Pilots.

(3) The Board of Cosmetology, in the Oregon Health Licensing Agency.

(4) The State Board of Architect Examiners.

(5) The State Landscape Contractors Board.

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

(7) The State Landscape Architect Board.

(8) The State Board of Geologist Examiners.

(9) The State Board of Tax Practitioners.

(10) The Oregon Board of Accountancy.

(11) The Construction Contractors Board. [1987 c.414 §94; 1991 c.67 §176; 1993 c.744 §241; 1997 c.3 §2; 1997 c.21 §1; 1999 c.425 §28; 1999 c.885 §19; 2001 c.160 §1; 2005 c.648 §49; 2007 c.71 §219; 2007 c.768 §66]

670.305 [1971 c.753 §9; repealed by 1973 c.659 §1 (670.306 enacted in lieu of 670.305)]

670.306 Administrative officers for boards; other employees. (1) Subsections (2) and (3) of this section shall apply only to the following professional licensing boards:

(a) State Board of Architect Examiners.

(b) Construction Contractors Board.

(d) State Landscape Architect Board.

(e) State Landscape Contractors Board.

(f) Oregon Board of Accountancy.

(g) State Board of Tax Practitioners.

(2) A board shall fix the qualifications of and appoint an administrative officer. The determination of qualifications and appointment of an administrative officer shall be made after consultation with the Governor.

(3) An administrative officer of a board shall not be a member of that board.

(4) Subject to the applicable rules of the State Personnel Relations Law, the board shall fix the compensation of its administrator, who shall be in the unclassified service.

(5) Subject to applicable rules of the State Personnel Relations Law, the administrative officer shall appoint all subordinate employees, prescribe their duties and fix their compensation. [1973 c.659 §2 (enacted in lieu of 670.305); 1975 c.429 §7; 1975 c.464 §1; 1981 c.821 §2; 1987 c.414 §96; 1993 c.744 §242; 1995 c.79 §338; 1997 c.3 §3; 1997 c.21 §2; 1999 c.59 §199; 1999 c.322 §41; 2007 c.768 §67]

670.310 Rulemaking authority; board seal. (1) Except as otherwise provided by law and in accordance with any applicable provisions of ORS chapter 183, each professional licensing board and advisory board may make such rules as are necessary or proper for the administration of the laws such board is charged with administering.

(2) Each professional licensing board and advisory board may adopt a seal. [1971 c.753 §10; 1987 c.414 §97]

670.315 Administration of oaths; obtaining and taking evidence at board proceedings; effect of failure to obey board subpoena. (1) Except as otherwise provided by law, each professional licensing board or advisory board, acting through its chairperson or vice chairperson or an administrative law judge, may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to the carrying out of the laws the board is charged with administering.

(2) If any person fails to comply with a subpoena issued under this section or refuses to testify on any matters on which the person may be lawfully interrogated, the procedure provided in ORS 183.440 shall be followed to compel obedience. [1971 c.753 §11; 1987 c.414 §98; 2003 c.75 §107]

670.320 [1971 c.753 §12; repealed by 1987 c.414 §172]

670.325 Proceedings on denial of license; restraining violations; authority of administrative law judge; record of proceedings. (1) All proceedings for the refusal to issue, or the suspension or revocation of any license, certificate of registration or other evidence of authority required to practice any profession subject to the authority of a professional licensing or advisory board shall be conducted pursuant to the procedure for contested cases required or authorized by ORS chapter 183.

(2) If a professional licensing or advisory board decides that any person has or is about to engage in any activity that is or will be a violation of law the board is charged with enforcing, the board may institute a proceeding in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages, but does not relieve the defendant of any criminal liability.

(3) Any administrative law judge conducting a hearing for a professional licensing board is vested with full authority of the board to schedule and conduct hearings on behalf and in the name of the board on all matters referred to the administrative law judge for hearing by the board, including proceedings for placing persons registered or licensed by the board on probation and for suspension and revocation of registration or licenses, and shall cause to be prepared and furnished to the board, for decision thereon by the board, a complete written transcript of the record of the hearing. The transcript shall contain all evidence introduced at the hearing and all pleas, motions and objections and all rulings of the administrative law judge. Each administrative law judge may administer oaths and issue summonses, notices and subpoenas, but may not place any registrant or licensee on probation or issue, refuse, suspend or revoke a registration or license. [1971 c.753 §13; 1987 c.414 §99; 1999 c.849 §155; 2003 c.75 §108]

670.330 [1971 c.753 §14; renumbered 456.757 in 1987]

670.335 Disposition of fees received by boards; procedure for payment of board expenses. Except as otherwise provided by law, all fees or other funds received by a professional licensing or advisory board shall be paid into the State Treasury monthly. Such payments shall be credited to separate accounts in the General Fund for each board, and any such payments shall constitute a continuous appropriation of such amounts from the General Fund for the purpose of carrying out the functions of the board making the payment. All necessary expenses of each board shall be paid from the amounts paid by such board in the same manner as other claims against the state are paid, after approval thereof by the chairperson or administrator of the board. [1971 c.753 §15; 1987 c.414 §101; 1993 c.744 §242a]

670.340 [1971 c.753 §16; renumbered 456.762 in 1987]

670.345 Procedure for filling vacancies on board. At least 60 days before a vacancy is to occur on a professional licensing or advisory board, the professional organizations representing persons subject to licensing or other regulation by the board may nominate at least three qualified persons for each vacancy, and shall certify its nominees to the appointing officer or body who shall consider these nominees in selecting successors to retiring board members. This section does not apply to appointment of public members. [1971 c.753 §17; 1987 c.414 §103]

670.350 Administration of professional qualification examinations. Each professional licensing and advisory board that is authorized or required by law to administer an examination as part of its determination of professional qualifications shall administer such examinations at least once each year at such time and place as the board shall designate. [1971 c.753 §18; 1987 c.414 §104]

(Reciprocal Agreements)

670.380 When reciprocal licensing or registration agreements authorized; termination. (1) If the administrator determines that the standards, qualifications and examinations for licensing or registration of building trades and mechanical and specialty skills of another state are substantially similar to the standards, qualifications and examinations required under applicable Oregon statutes and rules administered by the agency as specified in ORS 455.100, the administrator with approval of the designated examining or advisory board may, when it is in the best interest of the economy of the State of Oregon, enter into a reciprocal agreement with such other state to issue without examination licenses or certificate of registration upon proof of licensing or registration in such other state and upon payment of appropriate fees.

(2) Reciprocal agreements may be terminated by the administrator with approval of the designated examining or advisory board, upon a determination that the other party is not maintaining and enforcing standards, qualifications and examinations substantially similar to those of Oregon. [1974 c.47 §§1,2; 1987 c.414 §105; 2003 c.14 §411]

670.410 [1977 c.873 §27; 1979 c.107 §1; 1981 c.821 §3; 1987 c.414 §106; repealed by 2005 c.76 §3]

INDEPENDENT CONTRACTORS

670.600 Independent contractor defined. (1) As used in this section:

(a) “Individual” means a natural person.

(b) “Person” has the meaning given that term in ORS 174.100.

(2) As used in ORS chapters 316, 656, 657, 671 and 701, “independent contractor” means a person who provides services for remuneration and who, in the provision of the services:

(a) Is free from direction and control over the means and manner of providing the services, subject only to the right of the person for whom the services are provided to specify the desired results;

(b) Except as provided in subsection (4) of this section, is customarily engaged in an independently established business;

(c) Is licensed under ORS chapter 671 or 701 if the person provides services for which a license is required under ORS chapter 671 or 701; and

(d) Is responsible for obtaining other licenses or certificates necessary to provide the services.

(3) For purposes of subsection (2)(b) of this section, a person is considered to be customarily engaged in an independently established business if any three of the following requirements are met:

(a) The person maintains a business location:

(A) That is separate from the business or work location of the person for whom the services are provided; or

(B) That is in a portion of the person’s residence and that portion is used primarily for the business.

(b) The person bears the risk of loss related to the business or the provision of services as shown by factors such as:

(A) The person enters into fixed-price contracts;

(B) The person is required to correct defective work;

(D) The person negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance.

(c) The person provides contracted services for two or more different persons within a 12-month period, or the person routinely engages in business advertising, solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services.

(d) The person makes a significant investment in the business, through means such as:

(A) Purchasing tools or equipment necessary to provide the services;

(B) Paying for the premises or facilities where the services are provided; or

(e) The person has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons.

(4) Subsection (2)(b) of this section does not apply if the person files a Schedule F as part of an income tax return and the person provides farm labor or farm services that are reportable on Schedule C of an income tax return.

(5) For purposes of determining whether an individual provides services as an independent contractor:

(a) The creation or use of a business entity, such as a corporation or a limited liability company, by an individual for the purpose of providing services does not, by itself, establish that the individual provides services as an independent contractor.

(b) When the individual provides services through a business entity, such as a corporation or a limited liability company, the provisions in subsection (2), (3) or (4) of this section may be satisfied by the individual or the business entity. [Formerly 701.025; 1997 c.398 §2; 1999 c.402 §9; 2003 c.704 §5; 2005 c.533 §§1,2]

670.605 Rules for application of definition of independent contractor. (1) In accordance with ORS chapter 183, those agencies responsible for the administration of ORS 671.510 to 671.760 and ORS chapters 316, 656, 657 and 701 jointly shall adopt rules to carry out the provisions of ORS 670.600.

(2) The agencies responsible for the administration of ORS 671.510 to 671.760 and ORS chapters 316, 656, 657 and 701 shall cooperate as necessary in their compliance and enforcement activities to ensure among the agencies the consistent interpretation and application of ORS 670.600. [Formerly 701.030; 2001 c.409 §4; 2005 c.94 §115; 2005 c.533 §3a]

670.610 Referees in recreational soccer matches considered independent contractors. Notwithstanding ORS 670.600, for purposes of ORS chapter 653, a person serving as a referee or assistant referee in a youth or adult recreational soccer match shall be considered to be an independent contractor. [2001 c.765 §3; 2005 c.94 §116]

INTERAGENCY COMPLIANCE NETWORK

670.700 Agencies in network; duties of network. (1) There is established an Interagency Compliance Network consisting of:

(a) The Department of Justice;

(b) The Department of Revenue;

(d) The Department of Consumer and Business Services;

(e) The Bureau of Labor and Industries;

(f) The Construction Contractors Board;

(g) The State Landscape Contractors Board; and

(h) Other state agencies that enter into the intergovernmental agreement as described in subsection (3) of this section.

(2) The Interagency Compliance Network established under this section shall:

(a) Work to establish consistency in agency determinations relating to the classification of workers, including but not limited to classification of workers as independent contractors;

(b) Gather and share information relating to persons who pay workers in cash and who do not comply with laws relating to taxation or employment;

(c) Gather and share information relating to the misclassification of workers, including but not limited to misclassification as independent contractors;

(d) Develop investigative methods for auditing persons who pay workers in cash, or who misclassify workers, and who do not comply with laws relating to taxation or employment;

(e) Conduct joint audits of persons who pay workers in cash, or who misclassify workers, and who do not comply with laws relating to taxation or employment;

(f) Identify opportunities for and obstacles to improving compliance with the laws relating to the classification of workers, taxation or employment;

(g) Create a coordinated enforcement process for the laws relating to classification of workers that is efficient, fair and effective for the public and the regulatory agencies charged with enforcing laws relating to taxation or employment;

(h) Engage in public outreach efforts to educate the public generally on the distinctions between independent contractors and employees and on the laws and regulations governing the duties relating to classification of workers; and

(i) Take such other action as the member agencies deem appropriate to improve compliance with laws relating to taxation or employment that are administered by the member agencies.

(3) The agencies identified in subsection (1)(a) to (g) of this section shall enter into an intergovernmental agreement for the purpose of coordinating the efforts of the agencies under this section. Any other agency of state government, as defined in ORS 174.111, that has an interest in compliance with laws relating to taxation or employment may become a member of the Interagency Compliance Network by entering into the agreement on such terms as may be prescribed by the agencies identified in subsection (1)(a) to (g) of this section.

(4) Notwithstanding ORS 314.835 or any other law relating to confidentiality of information, any agency that is a member of the Interagency Compliance Network may enter into an agreement with another member agency to provide information to the other agency. Information provided to an agency under this subsection may be used by the agency only for the purpose of enforcing compliance of laws that are administered by the agency. [2009 c.845 §1]

670.705 Reporting. The member agencies of the Interagency Compliance Network shall prepare a report once every two years that details the activities of the network during the two-year period. The report shall identify the manner in which the funding for the network has been expended, and an estimate of the revenue impact of the network’s activities. The report shall be provided to the Governor, and to the Legislative Assembly in the manner provided by ORS 192.245. [2009 c.845 §2]

670.990 [1967 c.344 §6; repealed by 1981 c.76 §1]

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