April 2009 - Oregon
Taking License | by Kraig Bohot
In case you were wondering whatever happened to the concept of advanced esthetics certification, here’s a quick update.
Did you miss it? That’s how fast House Bill 3232, which contains a provision to allow the Oregon Health Licensing Agency (OHLA) to issue a “specialty certificate in a field of practice,” may pass through the legislative process.
As you might have heard, the Oregon State Legislature has a lot on its plate. Budget. Health care. Other big issues (fill in the blank here).
While those big-picture issues may take up a lot of time and energy, it’s nice to know that OHLA’s smaller-scale issues aren’t getting buried in a pile of legislative bills.
OHLA continues to work with legislative staff and the governor’s office to keep our bills headed towards a hearing and, hopefully, passage.
Tricks of the Legislative Trade
Unless you regularly walk the halls of the state capitol, the legislative process may seem a bit mysterious.
It’s really not. Basically, most of the legislative work and opportunity for public comment on a bill happens in committee. The committee reviewing HB 3232 is the House Health Care Committee.
While OHLA attempts to keep our stakeholders abreast of legislative developments, sometimes it’s anybody’s guess when a committee will schedule a public hearing on a particular bill.
However, while subject to change, you can review a committee’s upcoming schedule of hearings at http://www.leg.state.or.us/09reg/agenda/webagendas.htm.
“Committee Agendas Online” also includes the phone number of the legislative committee, which you can call to inquire about a particular bill.
Real Work in Rulemaking
While not discounting the tremendous amount legislative effort that goes into reviewing the hundreds, if not thousands, of bills proposed each session every two years, the intent of the legislative process is not to iron out the details of how a particular bill will be implemented once it becomes law.
Rather, the Legislature considers whether or not the issues represented in a bill need to be made into law in the first place. Is it a good idea that can be implemented effectively?
Unless you are adamantly opposed to the concept of advanced esthetics certification, you probably aren’t going to be interested in testifying before a legislative committee at a hearing.
If you’re in favor of advanced certification, the real work will begin in administrative rulemaking, when the specific details of its implementation are ironed out.
Ideas, Suggestions Welcome
I’m not discouraging anyone from testifying before the Legislature, but if you’re in favor of advanced esthetics certification and would like to participate in making it a reality, wait until rulemaking.
That’s when we’ll determine what exactly advanced esthetics means: another level of certification modeled after existing programs that require hundreds of hours of additional education and training, a series of sub-specialties that can be obtained a la carte, or something else that isn’t readily apparent.
Of course, we’ll need your input. Stay tuned….
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.
Following is an excerpt from House Bill 3232, an Oregon Health Licensing Agency (OHLA) bill that, among other things, proposes to allow OHLA to issue certifications for specialty areas of practice, specifically esthetics.
House Bill 3232
SECTION 33. ORS 690.047 is amended to read:
(2) The Oregon Health Licensing Agency may issue a specialty certificate in a field of practice to a practitioner who has:
(a) Completed post-graduate education approved by the agency that is separate from the education or training required for entry-level certification;
(b) Passed an examination approved or recognized by the board;
(c) Paid the required fees; and
(d) Completed prescribed continuing education credits as determined by agency rule.
SECTION 34. ORS 690.048 is amended to read:
(3) A practitioner’s certificate shall indicate any specialty certification, obtained under ORS 690.047, for which the practitioner is qualified to provide advanced services in a field of practice. Advanced services shall be defined by rules adopted by the agency.
To view HB 3232 in its entirety: http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3232.intro.pdf
Concerns voiced by Oregon Health Licensing Agency (OHLA) staff caused the Department of Justice (DOJ) to place part of the agency’s management team on paid administrative leave on February 2.
Three Department of Administrative Services (DAS) managers have served on an interim basis to conduct a workplace assessment in conjunction with the DOJ.
“As readers of Northwest Stylist, Board of Cosmetology members, applicants for licensure and other agency stakeholders can attest, the agency continues normal operations,” says Acting OHLA Director Brian DeForest. “From licensing to legislation, OHLA is providing a full range of regulatory services and oversight.”
DeForest added that the workplace assessment and changes at the agency are focused on administrative functions and have no effect on the Board of Cosmetology, one of 10 volunteer citizen boards and councils OHLA oversees.
Former Director Susan K. Wilson served at the pleasure of the director of DAS, and DAS made a decision to make a change. In March, Wilson was told her services were no longer required. Two other managers remained on administrative leave as of the time this article was written.
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: My salon wants to provide eyelash extensions. These are not simply regular “false lashes.” They are individual lashes that are adhered to the client’s own lashes to extend them. Can an esthetician apply them? What about someone certified in hair design?
A: Yes. Practitioners certified in esthetics and hair design may apply eyelash extensions.
Under ORS 690.005, Definitions, (6)(c), esthetics includes “makeup artistry,” which includes such practices as applying eyelash extensions.
Under ORS 690.005, Definitions, (9)(b), hair design includes “styling,” which includes such practices as applying hair extensions, including eyelash hairs.
Find more answers to frequently asked questions online at http://www.oregon.gov/OHLA/COS/COS_FAX.shtml.
The Oregon Health Licensing Agency (OHLA) and Board of Cosmetology welcomes new board member Shelley Couch.
Shelley Couch has been General Manager at Shear Precision, Inc. (part of the Great Clips® salon chain) in Lake Oswego since 2000. She previously was a manager at Shear Precision from 1996-2000 and a stylist from 1994-1996.
Ms. Couch graduated from Reynolds High School in Troutdale and obtained her cosmetology degree from Magee Brothers Hollywood School of Beauty in Portland.
“I believe in keeping industry standards high and keeping everyone informed so that they have a clear understanding of state regulations,” says Ms. Couch. “I have been involved in policymaking and setting industry standards in my career and look forward to contributing my knowledge to the regulatory process.”
Her first term of service runs from 1/1/2009 to 12/31/2011.
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
