May 2010- Oregon
Taking License | by Kraig Bohot
The basic concept is simple: blend esthetics, hair design and nail technology and call it “cosmetology.”
Oregon is in the beginning stages of exploring how best to create an umbrella cosmetology certification to make it easier for Oregon certificate holders to gain licensure in other states if they decide to relocate.
The Oregon Health Licensing Agency (OHLA) and Board of Cosmetology are researching how each state defines “cosmetology” to determine how “cosmetology” might be defined in Oregon.
OHLA and the board are proposing a legislative concept that may end up as legislation in 2011 if approved by the governor’s office.
If approved, the concept still must go through the legislative process and become law.
Then, as with most laws, the details of what a cosmetology certification would look like would be gone over with a fine-tooth Oregon Administrative Rules (OAR) comb.
Would there be one examination for cosmetology certification or would applicants simply take the existing individual field of practice examinations?
Would a cosmetology certification fee cost as much as individual fields of practice certification (currently $40 for two years) or would it be equal to the cost of becoming certified in three individual fields of practice (currently $120)?
These questions and more will be addressed in the coming months leading up to potential legislation and after that if legislation passes.
This new feature highlights inquiries from other states and Oregon’s responses.
Question: Do you have in state statute or rule a definition of “unprofessional conduct” or “Code of Ethics”? From: Wyoming Board of Cosmetology @ http://cosmetology.wy.gov
Answer: Oregon Administrative Rules (OAR) 817-005-0005(27) defines “ethical” as conforming to professional standards of conduct in all occupational practices and in accordance with OAR 817, division 120 (see below).
OAR 817-005-0005(43) “Misconduct” means performing in an unethical, unprofessional or dishonest manner; or, acts involving violence against persons.
http://arcweb.sos.state.or.us/rules/OARS_800/OAR_817/817_120.html
DIVISION 120 — CODE OF PROFESSIONAL CONDUCT OAR 817-120-0005
Practice Standards
(1) Practitioners must be guided by the highest standards of professional conduct.
(2) Practitioners shall act and practice in a manner which safeguards the public’s health, safety, and welfare.
(3) All practitioners shall be appropriately clothed while providing services and shall be subject to public decency laws.
(4) Practitioners shall not perform services while diagnosed with a communicable disease or condition in a transmittable form.
(5) Practitioners shall not treat any disease or knowingly serve any client having a communicable disease or condition, except head lice.
The Oregon Health Licensing Agency (OHLA) requests that practitioners do not black out the address, laminate or otherwise alter their certificate to practice.
Practitioners can put a piece of paper over the address section when posting their certificate, but they should be able to remove the paper covering their address during a facility inspection.
Please do not laminate your certificate, as laminating the certificate makes it more difficult for OHLA inspectors to determine the authenticity of the certificate. Individuals can put a license in a protective cover but it needs to be removable during an inspection.
OHLA is establishing this policy, which doesn’t address altering a certificate with fraudulent intent. Altering a certificate in a fraudulent manner is a prohibited act and a violation of Oregon Revised Statutes (ORS) 690.015(j).
On a recent day, OHLA licensing staff discovered two Social Security cards that were not official government documents.
Agency licensing staff recently participated in training to check for the validity of Social Security cards and other documentation that is required during the application process for practitioner certification.
“While it is rare, finding two fake Social Security cards in one day shows that we need to continue to stay on top of attempts to thwart the qualification process,” says OHLA Licensing Manager Sylvie McMillan. “We take this very seriously.”
Social Security cards or other government documentation must be obtained directly from the government agency issuing the documentation, McMillan adds.
“If you have any question as to the validity of your documents, go to the issuing agency and verify prior to applying for certification,” McMillan suggests.
Applicants sitting for the written examination have 90 minutes to complete each field of practice (barbering, esthetics, hair design, nail technology) examination and 60 minutes to complete the Oregon Laws & Rules section of the examination.
Under Oregon Administrative Rule (OAR) 817-030-0040(3), the Board of Cosmetology may establish by policy a maximum examination time allowance for each examination section.
Due to security concerns, OHLA no longer offers applicants the opportunity to review failed sections of the examination.
Currently OAR 817-030-0065(2) allows for review at the conclusion of the examination. However, OHLA has established an interim policy against examination review until proposing to eliminate it in administrative rulemaking this year.
“We have to balance security of the qualifying examination with the benefits of reviewing the examination,” says OHLA Licensing Manager Sylvie McMillan. “We still allow applicants to know in which domains they provided incorrect answers.”
FAQ Answers: Permanent CosmeticsDo you have a question about licensing or regulatory compliance issues? This monthly feature will provide answers. To submit a question, e-mail kraig.bohot@state.or.us or call 503-373-1939. Q: I would like to offer permanent cosmetics in my cosmetology facility. What do I need to do? A: First, you must make sure the individual providing permanent cosmetic services is licensed as a permanent color technician by the Oregon Health Licensing Agency. You must also obtain a separate permanent cosmetic facility license as well in addition to the cosmetology facility license. Find FAQ Answers Online!Find more answers to frequently asked questions online at http://www.oregon.gov/ OHLA/COS/COS_FAQ.shtml. |
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 May 3, 2010:
Practitioners..... 31,089 (-6)
Facilities..... 4,714 (+33)
Independent contractors..... 7,730 (+168)
Certificate of ID..... 344 (+32)
Barbering..... 5,063 (-35)
Esthetics..... 13,358 (+29)
Hair Design..... 21,320 (+71)
Nail Technology..... 14,226 (-23)
Looking for past Board News? Visit the archives page.
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:
Randy Everitt, Director
Tim Molloy, Regulatory Operations
Board of Cosmetology:
Debora Masten, Salem - Chair
Sharon Wiser, Lake Oswego - Vice Chair
Michael D. Snook, Salem
Linda Bergmann, Florence
Patricia A. Hall, Pendleton
Herb Hirst, North Plains
Shelly Couch, Gladstone
