Oregon > June 2008
In partnership with Northwest Stylist, the Oregon Health Licensing Agency (OHLA) and Board of Cosmetology are bringing you the latest licensing and regulatory news. This four-page insert is being distributed to all 30,000+ licensed practitioners in Oregon. Download PDF of Oregon Regulatory Update
Northwest Stylist is distributed FREE monthly to licensed facilities and independent contractors. If you are an individual practitioner and would like to subscribe or a facility or independent contractor who is not receiving the Stylist, contact the Stylist toll-free at 888-297-7010 or via e-mail at editor@nwstylist.com.
To better serve agency customers, the Oregon Health Licensing Agency (OHLA) began offering expanded office hours, examination times and other new or expanded services in 2008.
Expanded Office Hours: OHLA is now open during the lunch hour
from 12 –1 pm, Monday through Friday. OHLA now closes at 4:30 pm instead of 5 pm.
Expanded Examination Times: OHLA now offers examinations Monday through Friday.
By Appointment Only: This new service allows examination candidates from out of the Salem area (90+ miles) to schedule their examination in advance of traveling to Salem. Contact OHLA Licensing Supervisor Samie Patnode at 503-373-1917 or Samie.Patnode@state.or.us.
New Information Kiosks: Two new information kiosks offer free access to OHLA’s Web site at www.oregon.gov/OHLA. Review regulations to stay in compliance, renew your license online and access our library of resources and materials.
Americans with Disabilities Act: A new testing room meets Americans with Disabilities Act (ADA) standards and offers more flexibility with examination scheduling.
One of the ways OHLA is making doing business with us more efficient: asking for exact change. We are now accepting exact change only for all transactions. Customers may continue to pay with credit or debit cards, or check. Thank you!
How many practitioners and facilities are currently licensed in Oregon? (Numbers in parentheses +/- change from previous month.) According to Oregon Health Licensing Agency (OHLA) records as of June 2, 2008:
Practitioners |
30,530 (+239) |
Barbering |
6,063 (-10) |
Facilities |
4,609 (+15) |
Esthetics |
13,459 (+98) |
Independent contractors |
6,913 (+26) |
Hair Design |
20,934 (+88) |
Certificate of ID |
142 (+9) |
Nail Technology |
14,832 (+88) |
 |
| OHLA Inspector Justin Chen at training workshop. |
The Oregon Health Licensing Agency (OHLA) recently became one of the first state regulatory agencies in the nation to offer health, safety and infection control training to licensees in lieu of paying a civil fine.
“Our goal is to protect the public,” says OHLA Regulatory Operations Manager Tim Molloy. “We think that educating licensees is the most effective way to accomplish that goal.”
More than 100 licensees have participated in the initial training workshops. All of their current violations were expunged and their civil fines waived as a result.
“We were never just about issuing citations and collecting fines,” Molloy says. “We’ve always attempted to educate licensees during facility inspections. The training session takes our education efforts to a new level.”
The training sessions focus on the inspection process, state statutes and administrative rules, and how licensees can most effectively stay in compliance.
Licensees leave the training session with information to assist them in practicing more safely and effectively, which ultimately benefits the health and safety of consumers.
OHLA also benefits because, as Molloy explains, offering the training session actually reduces the amount of time his staff spends on citations.
“People think that collecting civil penalties is a cash cow, but it’s not,” Molloy says.
“The disciplinary process can be very time consuming and expensive. Our ultimate goal isn’t to collect fines, it’s to keep practitioners in compliance and working while protecting the public.”
Purpose: To better educate licensees found in violation of safety and infection control violations of state requirements
Who Is Eligible: Licensees with current safety and infection control violations
Where Training Is Held: Oregon Health Licensing Agency (OHLA) in Salem
Cost of Training: Currently free
Length of Training: Approximately 1 ½ hours
Result of Participation: Current violations are expunged from licensee’s record, civil fines waived
Talking License | by Kraig Bohot
I’ve said it before, and I’ll say it again: If you don’t speak up now, I can’t help you later.
Back in 2004-05, I wrote several columns on the proposed change to individual fields of practice certification (from “bundled” licensing to individual certification in barbering, esthetics, hair design and nail technology).
Hardly a peep was heard from licensees until after the public administrative rulemaking period ended and individual fields of practice certification implemented. Then, for the next two years, as licensees in the two-year certification cycle received their renewal notices, I received a regular stream of somewhat critical comments.
“Shame on you!”
“Crazy!”
“I think it is despicable that you are so money hungry….”
To be fair, communications from some licensees were more reasoned and offered constructive points.
Now, in probably a vain attempt to avoid being called “money hungry” again, I would like to explain why the Oregon Health Licensing Agency (OHLA) and the Board of Cosmetology are proposing to raise fees.
And, of course, to remind you that now is the time to speak up if you have concerns with the proposed changes.
Wasn’t it a drag to renew your facility license every year, even if you were doing it online? To align with practitioner two-year certification and in an across-the-board move affecting all OHLA-regulated professions, OHLA and the Board are proposing a two-year facility license.
I was shocked at first to see the proposed $100 facility license fee, twice as much as the current $50 fee, but then Richard McNew, OHLA Manager of Administrative Services who oversees the agency budget, told me the proposed fee isn’t twice as much, it’s for twice as long.
The proposed two-year cycle allows facility owners to worry about one less thing on their annual to-do list, renewing their facility license, and concentrate more on, well, business.
Despite the obvious benefit of a two-year facility license, I can almost hear the hue and cry over the proposed increases in application and examination fees, particularly the jump from $15 to $100 for facility license application processing.
Why are application and examination fees increasing? Because processing applications takes more agency staff time and resources.
“Current application and examination fees don’t reflect the services being provided,” says McNew. “The proposed fees more accurately address what it takes in agency staff time and resources to provide the service.”
Regarding the proposed $5 increase in two-year certification fees for each field of practice, McNew says that everything it takes to run the agency is going up, including ever-rising gas prices that directly relate to the cost of conducting statewide inspections of nearly 5,000 cosmetology facilities as well as agency staffing and facilities expenses.
Do fees inevitably always have to go up? I cringe as much as the next consumer when my bank, credit card, mortgage or cable company raises fees.
Hopefully those companies are looking for ways to reduce the cost of doing business to keep those fees from rising too far and too fast.
OHLA is continuing to look for more efficient ways of providing the many and varied services the agency offers to approximately 70,000 license holders in 17 different health and related professions.
Whether it be offering more online services, using hybrid vehicles to reduce travel costs, or simply simplifying internal business practices (which isn’t always as simple as it sounds), OHLA is working to find efficiencies while continuing to expand services.
We’re now open during the lunch hour, offer examinations five days a week, and have developed fillable forms (on www.oregon.gov/OHLA/COS) that streamline the application and licensing process.
Those are just a few of the more noticeable examples of how OHLA is looking to maximize how we provide licensing and regulatory services to our licensees while protecting the health, safety and consumer rights of the public.
Two-Year Facility, Independent Contractor Licenses: Licensees renew every two years rather than annually
Field of Practice Certification: $5 increase to $38 per field of practice for two-year certification (currently $33 per field of practice for two-year certification)
Application Fees: Proposed fees ranging from $100 for a facility application to $50 for an independent contractor application
Examination Fees: Proposed increase from $25 per examination section to $50 per examination section
Late Fees: From a flat $25 fee to $25 per month in expired status
Miscellaneous: Affidavit of Licensure fee from $15 to $50, Replacement License fee from $5 to $25, Temporary Facility Permit from $35 to $100
Renew Online & Save – OHLA plans to offer $3 off practitioner certification renewals if licensees renew online at www.oregon.gov/OHLA. The incentive is expected to be offered starting September 1, 2008, when the proposed rules and related fee changes become effective.
OHLA plans to file proposed revisions to agency Oregon Administrative Rules (OAR) that revise licensing fees for all OHLA-regulated professions.
Following is a tentative administrative rulemaking schedule:
June 13: Notice of Proposed Rulemaking / Hearing to be filed
July 23: Public Rulemaking Hearing
September 1: Effective date for adoption of proposed rule changes
Questions and comments about the proposed rules should be sent to Dixie Bryant, OHLA Operations and Policy Analyst Lead, at 503-373-1911 or
via e-mail at dixie.l.bryant@state.or.us.
Don’t be left at the station without your regulatory information. Catch the latest news from the Oregon Health Licensing Agency (OHLA) and learn about developments in the multiple health and related professions the agency regulates.
Travel on the Licensing Line without leaving the comfort of your computer. It’s free, and easy to join our more than 1,800 subscribers. Just visit www.oregon.gov/OHLA/licensingline.shtml and follow the link to subscribe.
The Oregon Health Licensing Agency (OHLA) is currently looking to fill recent vacancies on the nine volunteer citizen boards and councils the agency oversees, including the Board of Cosmetology. Appointments are made by the Governor’s Office of Executive Appointments.
Interested? Contact OHLA Operations and Policy Analyst Lead Dixie Bryant at at 503-373-1911 or via e-mail at dixie.l.bryant@state.or.us for more information on the specific board or council opening.
Estheticians may not remove tattoos with lasers, the Oregon Health Licensing Agency (OHLA) and the Board of Cosmetology confirmed at the Board of Cosmetology May 12 meeting.
OHLA and the Board of Cosmetology clarified the existing scope of practice for estheticians in Oregon after receiving inquiries from practitioners and the public regarding laser tattoo removal.
OHLA and the Board of Cosmetology recommend that consumers consult with a dermatologist for tattoo removal. Unlicensed “tattoo removal specialists” are not held to any state health and safety standards and SHOULD NOT be a viable option for consumers.
Tattoos are inserted in or below the dermal layer of skin. While recently revised Oregon Administrative Rules (OAR) 817-015-0050 for skin care services eliminated the limitation of providing services only on the epidermis, OHLA and the Board of Cosmetology believe at this time that laser tattoo removal is not within the esthetics scope of practice.
Estheticians in Oregon currently are allowed to use lasers and other devices for hair removal, skin rejuvenation and any other service that is within the esthetics scope of practice and whose intended use is specifically for services within their professional scope.
The Oregon Health Licensing Agency (OHLA) and Board of Cosmetology caution practitioners certified in esthetics from using roll-on waxing systems that provide a potential route for cross contamination through reuse of the roller head or through the reuse of wax.
The waxing system MUST meet the requirement of Oregon Administrative Rule (OAR) 817-010-0055, Materials in Contact with a Client:
All chemical substances, including paraffin wax, used within a field of practice shall be dispensed from containers in a manner to prevent contamination of the unused portion.
Roll-on waxing systems present a potential for cross contamination due to the roll-on applicator being applied to human skin and hair, which harbor microorganisms that may spread infections and disease.
Self-Inspection Checklist
 |
It pays to be prepared! OHLA’s Regulatory Operations Division has created a new facility self-inspection checklist to help guide facilities and practitioners in preparing for facility inspections.
Conducting a monthly self-inspection will assist in maintaining compliance with state regulations and help reduce or eliminate the number of violations cited during OHLA inspections.
Ultimately, staying in compliance means you’ll be serving your clients better by protecting their health and safety.
OHLA has also created a sample client record form for estheticians and nail technicians, who are required to obtain and keep client records.
Health and Infection Control
Protect yourself and your clients by reviewing the information in this public and practitioner education campaign developed by OHLA and the Board of Cosmetology. Visit www.oregon.gov/OHLA/COS for more information.
Originally launched in 2006, this public education campaign describes recent regulatory changes in esthetics and clarifies the esthetic scope of practice at www.oregon.gov/OHLA/COS.
Oregon OSHA has produced a new brochure describing steps nail technicians can take to prevent exposure to potentially harmful chemicals and fumes.
OR-OSHA produced the brochure as part of the newly formed Oregon Collaborative for Healthy Nail Salons (OCHNS). The Oregon Health Licensing Agency (OHLA) is a member of the group, which also includes the following state agencies and non-profit organizations:
• Center for Research on Occupational and Environmental Toxicology (CROET)
• Immigrant and Refugee Community Organization (IRCO)
• Multnomah County Health Department
• Oregon Department of Environmental Quality
• Organizing People-Activating Leaders (OPAL)
• Zero Waste Alliance
ADOPTED
Oregon Administrative Rule (OAR) 817-015-0070
AMENDED
OAR 817-010-0065, 817-015-0050, 817-015-0065
GOAL
To clarify practice standards and client records relating to skin care services and laser hair removal treatments prior to 2009 legislation.
RULE SUMMARY
Streamlines and clarifies requirements and standards for use of manual or mechanical devices and equipment in the performance of services
Specifies documentation requirements, including new client records related to laser treatments
Specifies required adherence to the American National Standards for Safe Use of Lasers (ANSI) in performing laser skin care services.
What is the purpose of the rule change?
The Oregon Health Licensing Agency (OHLA), under Oregon Revised Statutes (ORS) 676.605 through 676.625, and ORS 690, is mandated to ensure that all Oregon consumers are able to access competent and qualified professionals.
Consumer protection standards and regulatory oversight must keep pace with consumer service demands and changes or advances in industry technology, products or devices; client service delivery systems; practice standards and client safety requirements; and current scientific infection control techniques.
Who is affected by the rule changes?
Currently certified and practicing estheticians who provide advanced skin care services, such as laser hair removal, lymphatic drainage, microdermabrasion and chemical peels, vacuum massage, and other skin care and body treatments involving use of manual or mechanical devices to deliver services within the practitioner’s scope of practice.
When do the new rules become effective?
The rules were filed and became effective June 1, 2008.
Questions?
Contact OHLA Agency Board & Rule Analyst Cerynthia Murphy at
503-373-1816 or Policy & Strategic Planning Division Manager Trish Allbritton at 503-373-2088.
Following are administrative rule changes excerpted from the newly adopted rules that can be found at www.oregon.gov/OHLA/COS/COSlaws_rules.shtml.
Bold = Rule additions
Strikethrough = Rule deletions
Requirements and Standards
(12) Practitioners may not use any manual or mechanical device or equipment unless the use is part of the delivery of services within the practitioner’s scope of practice under ORS 690, and is consistent with the manufacturer’s intended use of the device and with client health and safety. In determining whether the use of any manual or mechanical device or equipment is consistent with client health and safety, the agency will consider the information provided in the documentation required by section (11) of this rule.
(13) The documentation requirements described in section (11) of this rule apply to specialized items used in the practice of barbering, esthetics, hair design or nail technology and may not apply to those items used in the delivery of basic services, which have been defined as an “article”, equipment”, or “materials and supplies” in OAR chapter 817, division 005, such as scissors, combs, orangewood sticks, shampoo bowls, styling chairs or nail files.
(15) Practitioners, facility owners and independent contractors providing laser hair removal skin care services, shall comply with requirements of the March 16, 2007 edition of the American National Standards for Safe Use of Lasers (ANSI) Z136.1-2007. ANSI publications may be obtained form Laser Institute of America, 13501 Ingenuity Drive, Suite 128, Orlando, Florida 32826 – ISBS-13: 9877-0-912035-65-9 & ISBN-10:0-912035-65-X.
(1) Estheticians may use only those chemicals or products, natural or synthetic, and manual mechanical devices designed for skin care services of the epidermis.
Practitioners providing laser hair removal services must adhere to the following practice standards in rendering acceptable client skin care:
(1) Maintain an accurate client record, which includes complete past and current health history obtained from each client before service. The assessment shall be updated and evaluated on a current basis, and must include the following:
(a) Name, address, telephone number, and date of birth.
(b) Client medical history information relevant to providing services.
(c) Prior methods of controlling or removing hair.
(d) Condition of skin tissue before initial service and any subsequent change.
(e) Pattern and structure of hair growth initially presented and any changes.
(f) Client consultation, evidence of informed consent (may be in the form of an acronym such as “PARQ” to denote procedures, alternatives, risks and questions).
(g) Date and duration of each service.
(h) Area of hair removal service, and use of energy fluence, pulse duration and spot size.
(i) Observation of skin reaction(s) to service(s).
(j) Any other information deem appropriate to client service.
(2) Documentation must be legibly written or computerized. Client documentation, written or archived electronically by computer, must be retained for a minimum of two years and available upon request by the agency.
(3) Provide each client with a clear and concise explanation of the process and likely outcome of laser hair removal services before providing the service:
(a) Laser hair removal procedures.
(b) Modality to be used.
(c) Hair growth / re-growth cycles.
(d) Recommended schedule for service.
(e) Possible adverse reactions after service.
(f) Post-service care.
Oregon Health Licensing Agency
700 Summer Street NE, Suite 320 • Salem, OR 97301-1287
Licensing Office (503) 378-8667 • Enforcement Unit (503) 378-4294
www.oregon.gov/OHLA
OHLA Agency Staff:
Susan K. Wilson, Director
Tricia Allbritton, Administrative Rules/Legislation
Richard McNew, Business Administration
Tim Molloy, Regulator Operations
Board of Cosmetology:
Michael D. Snook, Salem — Chair
Deely Klarr, Salem — Vice Chair
Linda Bergmann, Florence
Patricia A. Hall, Pendleton
Debora Masten, Salem
Judith N. Petersen, Albany
George Robb - Public Member
