March 2009
Taking License | by Kraig Bohot
I was probably breaking a key tenant of public health by participating in the first-ever Northwest Environmental Health Conference last month while suffering from the onslaught of a nasty cold.
But there I was, trying not to cough on anyone, hopefully not contagious, as I participated in a panel discussion with the Oregon Collaborative for Healthy Nail Salons (OCHNS).
OCHNS participated in the conference to address the potential risks nail technicians face from exposure to toxic chemicals used in nail technology services.
OHLA is a member of OCHNS, whose membership includes representatives from government agencies, non-profits organizations and other groups with an interest in toxic chemical reduction.
Besides furthering the worthy goal of helping nail salon workers reduce their exposure to toxic chemicals through the work of OCHNS, I was reminded of the connections among OHLA-regulated professions while participating in the conference.
Environmental health specialists are one of 17 health and related professions OHLA regulates. Environmental health is a profession as wide-ranging as it is challenging to understand the many facets of life environmental health touches.
I was reminded of that fact in the first break-out session I attended, “Chemicals of Concern in the Health Care Setting.”
Besides volatile organic compounds (VOCs) heavy metals, dioxins and halogenated flame retardants, I learned that phthalates, mainly used to increase the flexibility of plastics, are in the flexible tubing so important to the work of respiratory therapists, another OHLA-regulated profession.
Phthalates are also found in nail polish and many other products, from plastic toys to shower curtains.
While some studies have linked endocrine and reproductive disruptions to phthalates, the U.S. Food & Drug Administration “…does not have compelling evidence that phthalates, as used in cosmetics, pose a safety risk.”
While studies almost always seem inconclusive, I thought I’d pass along the information on phthalates to members of the Respiratory Therapist Licensing Board, which happened to meet the following week.
After all, I don’t want to unnecessarily cause alarm or concern, or help destroy the multi-billion dollar chemical and plastics industry (particularly in a down economy), but I am beginning to subscribe to the idea that if something might be causing harm, it should be on our collective radar screen.
In other words, instead of waiting for a preponderance of evidence to determine if something is bad for you, plausible risk is enough to take action to reduce that risk.
The European Union is already using this precautionary principle for regulation and policy formulation in general.
While nail technicians or other practitioners in the four fields of cosmetology shouldn’t be too concerned that OHLA inspectors are going to start pulling bottles of nail polish off the shelf of salons to protect public health and safety, I think the more we all know about the latest findings on chemical exposures and other potential hazards, the better.
That’s why I think OHLA’s participation in OCHNS is a practical and cost-effective way to keep abreast of environmental and public health issues that may affect cosmetology practitioners, practitioners in other OHLA-regulated professions, and the public.
OHLA can leverage the environmental and public health expertise of OCHNS member organizations as well as an even wider range of OCHNS contributors, much as we leverage the profession-specific expertise of our volunteer boards and councils such as the Board of Cosmetology.
While I sometimes find it difficult to grasp all of that technical, material data safety sheet-type of information that is the province of environmental and public health professionals, these “rocket scientists” help to explain what it all means.
As a result, by “connecting the dots,” we can better identify and act upon common concerns and issues that affect us all.
Kraig Bohot is Communications Coordinator at the Oregon Health Licensing Agency (OHLA), a state consumer protection agency providing centralized regulatory oversight of multiple health and related professions. He can be reached at (503) 373-1939 or at kraig.bohot@state.or.us.
Until April 30, practitioners may comment on proposed rules to:
Specify under what conditions the Oregon Laws and Rules examination is required, including to obtain a Certification of Identification
For information, visit http://www.oregon.gov/OHLA/COS/COSlaws_rules.shtml.
Do you have a question about licensing or regulatory compliance issues? This new monthly feature provides answers. To submit a question, e-mail kraig.bohot@state.or.us or call 503-373-1939.
Q: I’d like to provide services in a client’s home, or from different locations. How do I provide mobile services?
A: You need to obtain a Certificate of Identification (CID) to perform barbering, esthetics, hair design or nail technology outside of a licensed facility and in a client’s residence or place of business. You must first be certified in any of the four fields of practice in which you will provide services.
Currently, CID applicants must pass an open-book test consisting of 10 questions. Proposed Oregon Administrative Rules (OAR), if adopted, will require applicants to take the Oregon Laws & Rules examination to obtain an initial CID (unless they have passed the examination within the past two years prior to the date of application).
CIDs are issued as a separate document from a practitioner’s certificate and are not automatically renewable. Under proposed rules, applicants for CID renewal must pass the Oregon Laws and Rules examination or complete OHLA’s safety & infection control class.
Under proposed rules, CID holders will no longer be required to provide clients with a business card. However, they must still provide each client with OHLA contact information to allow the client to comment on any of the services received or on any of the sanitary procedures followed while performing services.
CID holders must also display their practitioner’s certificate number and certificate of identification number on all advertising.
CID holders are subject to all health, safety, and infection control rules and regulations. Under proposed rules, CID holders will also be subject to random audit to verify compliance with safety, infection control and licensing requirements.
The CID may be suspended or revoked if the certificate holder:
Practices or performs services at the practitioner’s residence when the residence is not licensed as a facility
Practices or performs services on clients other than those who either reside at or are employed at the residence, office or business where services are provided
Both practices and resides outside the state of Oregon
The CID may be suspended or revoked if OHLA has refused to issue or renew, or has suspended or revoked, the practitioner’s certificate.
For complete requirements, refer to OAR 817-035-0050, which can be accessed at http://www.oregon.gov/OHLA/COS/COSlaws_rules.shtml.
OHLA and the Board of Cosmetology no longer offer a mobile facility license, which previously allowed services to be performed in a vehicle modified to provide services and approved by OHLA and the Board of Cosmetology.
How many practitioners and facilities are active in Oregon? (Numbers in parentheses +/- change from previous month.) According to Oregon Health Licensing Agency (OHLA) records as of February 26, 2009:
Practitioners 31,001 (+33)
Facilities 4,494 (-24)
Independent contractors 6,921 (-43)
Certificate of ID 187 (+13)
Barbering 5,579 (-37)
Esthetics 13,513 (-27)
Hair Design 20,968 (+9)
Nail Technology 14,748 (-52)
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:
Richard McNew, Administrative Services
Tim Molloy, Regulatory Operations
Dixie Bryant, Program Development
Board of Cosmetology:
Michael D. Snook, Salem - Chair
Debora Masten, Salem - Vice Chair
Linda Bergmann, Florence
Patricia A. Hall, Pendleton
Herb Hirst, North Plains
Sharon Wiser, Lake Oswego
Shelly Couch, Gladstone
