Chapter 547 Oregon Laws 2003

AN ACT

HB 2325

Relating to professions regulated by the Health Licensing Office; creating new provisions; amending ORS 431.418, 446.325, 459.385, 624.045, 657A.400, 672.060, 680.515, 680.525, 680.530, 680.535, 680.545, 680.560, 680.990, 681.230, 687.420, 687.425, 687.435, 687.455, 687.485, 687.490, 687.991, 688.815, 688.830, 688.995, 690.005, 690.015, 690.048, 690.055, 690.057, 690.123, 690.165, 690.195, 690.205, 690.225, 690.235, 690.350, 690.360, 690.365, 690.370, 690.380, 690.385, 690.405, 690.410, 690.415, 690.425, 690.430, 690.500, 690.510, 690.520, 690.550, 690.570, 690.992, 694.042, 694.055, 694.065, 694.085, 694.095, 694.125, 694.170, 694.185, 694.991, 700.010, 700.020, 700.030, 700.035, 700.050, 700.053, 700.056, 700.059, 700.062, 700.080, 700.100, 700.105, 700.210, 700.220, 700.230, 700.240 and 700.992 and sections 8 and 10, chapter 736, Oregon Laws 1999; repealing ORS 680.540, 680.567, 680.572, 687.450, 688.817, 688.818, 688.835, 690.185, 690.215, 690.227, 690.228, 690.395, 690.400, 690.420, 690.540, 690.560, 690.995, 690.996, 690.997, 690.999, 694.136, 694.138, 694.159, 700.090, 700.110, 700.115, 700.251 and 700.260 and sections 12 and 13, chapter 736, Oregon Laws 1999; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) Upon its own motion or upon any complaint, the Health Licensing Office may initiate and conduct investigations of matters relating to the practice of occupations or professions listed in section 4 of this 2003 Act.

(2) While conducting an investigation authorized under subsection (1) of this section or a hearing related to an investigation, the Health Licensing Office may:

(a) Take evidence;

(b) Administer oaths;

(c) Take the depositions of witnesses, including the person charged;

(d) Compel the appearance of witnesses, including the person charged;

(e) Require answers to interrogatories;

(f) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation; and

(g) Conduct criminal and civil background checks to determine conviction of a crime that bears a demonstrable relationship to the field of practice.

(3) In exercising its authority under this section, the Health Licensing Office may issue subpoenas over the signature of the Director of the Health Licensing Office or designated employee thereof and in the name the State of Oregon.

(4) If a person fails to comply with a subpoena issued under this section, the judge of the Circuit Court for Marion County may compel obedience by initiating proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court.

(5) In all investigations and hearings, the Health Licensing Office and any person affected thereby may have the benefit of counsel.

SECTION 2. (1) Upon its own motion or upon any complaint, the Health Licensing Office may conduct an inspection to determine whether a facility or a part of the facility that is the subject of the inspection complies with the licensing, safety, infection control and sterilization requirements imposed by statute or rule of the boards, councils and programs administered by the agency.

(2) The Health Licensing Office shall provide for the periodic inspection of facilities or the business premises of the following regulated occupations or professions:

(a) Body piercing;

(b) Cosmetology;

(c) Electrology and permanent coloring or tattooing; and

(d) Dealing in hearing aids.

SECTION 3. (1) In the manner prescribed in ORS 183.310 to 183.550 for contested cases and as specified in ORS 680.535 and sections 11, 28, 34, 43, 57, 72, 83 and 105 of this 2003 Act, the Health Licensing Office may refuse to issue or renew, may suspend or revoke or may place on probation or otherwise sanction a holder of a certificate, permit, license or registration to practice issued by the agency for any of the following reasons:

(a) Fraud, misrepresentation, concealment of material facts or deception in applying for or obtaining an authorization to practice in this state, or in any written or oral communication to the agency concerning the issuance or retention of the authorization.

(b) Using, causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, insignia or any other representation, however disseminated or published, that is false, misleading or deceptive.

(c) Making a representation that the certificate, permit, license or registration holder knew or should have known is false or misleading regarding skill or the efficacy or value of treatment or remedy administered by the holder.

(d) Practicing under a false, misleading or deceptive name, or impersonating another certificate, permit, license or registration holder.

(e) Permitting a person other than the certificate, permit, license or registration holder to use the certificate, permit, license or registration.

(f) Practicing with a physical or mental condition that presents an unreasonable risk of harm to the practitioner or to the person or property of others in the course of performing the practitioner’s duties.

(g) Practicing while under the influence of alcohol, controlled substances or other skill-impairing substances, or engaging in the illegal use of controlled substances or other skill-impairing substances so as to create a risk of harm to the person or property of others in the course of performing the practitioner’s duties.

(h) Failing to properly and reasonably accept responsibility for the actions of employees.

(i) Employing, directly or indirectly, any suspended, uncertified, unlicensed or unregistered person to practice a regulated occupation or profession listed in section 4 of this 2003 Act.

(j) Unprofessional conduct, negligence, incompetence, repeated violations or any departure from or failure to conform to standards of practice in performing services or practicing in a regulated occupation or profession listed under section 4 of this 2003 Act.

(k) Conviction of any criminal offense, subject to ORS 670.280. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence of the conviction. A plea of no contest or an admission of guilt shall be considered a conviction for purposes of this paragraph.

(L) Failing to report any adverse action, as required by statute or rule, taken against the certificate, permit, license, or registration holder by another regulatory jurisdiction or any peer review body, health care institution, professional association, governmental agency, law enforcement agency or court for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as described in this section.

(m) Violation of a statute regulating an occupation or profession listed in section 4 of this 2003 Act.

(n) Violation of any rule regulating an occupation or profession listed in section 4 of this 2003 Act.

(o) Failing to cooperate with the agency in any investigation, inspection or request for information.

(2) The agency may refuse to issue or renew, may suspend or revoke or may place on probation or otherwise sanction a holder of a certificate, permit, license or registration to practice issued by the agency for failure to pay an outstanding civil penalty that is due or for failure to meet the terms of any order issued by the agency that has become final.

(3) If the agency places a holder of a certificate, permit, license or registration on probation under subsection (1) of this section, the agency, in consultation with the appropriate board, council or program, may determine and at any time modify the conditions of the probation.

(4) If a certificate, permit, license or registration is suspended, the holder may not practice during the term of suspension. Upon the expiration of the term of suspension, the certificate, permit, license or registration may be reinstated by the agency if the conditions of suspension no longer exist and the holder has satisfied all requirements in the relevant statutes or administrative rules for issuance, renewal or reinstatement.

SECTION 4. (1) In addition to any other penalty or remedy provided by law, the Health Licensing Office may impose a civil penalty not to exceed $5,000 for each violation of the following statutes and any rule adopted thereunder:

(a) Sections 1 to 13, chapter 736, Oregon Laws 1999 (athletic training);

(b) ORS 690.500 to 690.570 (body piercing);

(c) ORS 690.005 to 690.235 (cosmetology);

(d) ORS 680.500 to 680.572 (denture technology);

(e) ORS 687.405 to 687.495 (direct entry midwifery);

(f) ORS 690.350 to 690.430 (electrology and permanent coloring or tattooing);

(g) ORS 694.015 to 694.185 (dealing in hearing aids);

(h) ORS 688.800 to 688.840 (respiratory therapy); and

(i) ORS chapter 700 (environmental sanitation).

(2) The agency may take any other disciplinary action that it finds proper, including but not limited to assessment of costs of disciplinary proceedings, not to exceed $5,000, for violation of any statute or rule adopted under any statute listed in subsection (1) of this section.

(3) Subsection (1) of this section shall not limit the amount of the civil penalty resulting from a violation of ORS 694.042.

(4) In imposing a civil penalty pursuant to this section, the agency shall consider the following factors:

(a) The immediacy and extent to which the violation threatens the public health or safety;

(b) Any prior violations of statutes, rules or orders;

(c) The history of the person incurring a penalty in taking all feasible steps to correct any violation; and

(d) Any other aggravating or mitigating factors.

(5) Civil penalties under this section shall be imposed as provided in ORS 183.090.

(6) The moneys received by the agency from civil penalties under this section shall be paid into the General Fund of the State Treasury and credited to the Health Licensing Office Account. Such moneys are continuously appropriated to the Health Licensing Office for the administration and enforcement of the laws the agency is charged with administering and enforcing that govern the person against whom the penalty was imposed.

SECTION 5. (1) In addition to all other remedies, when it appears to the Health Licensing Office that a person is engaged in, has engaged in, or is about to engage in any act, practice or transaction that violates any provision of sections 1 to 13, chapter 736, Oregon Laws 1999, ORS 680.500 to 680.572, 687.405 to 687.495, 688.800 to 688.840, 690.005 to 690.235, 690.350 to 690.430, 690.500 to 690.570 or 694.015 to 694.185 or ORS chapter 700, the agency may, through the Attorney General or the district attorney of the county in which the act, practice or transaction occurs or will occur, apply to the court for an injunction restraining the person from the act, practice or transaction.

(2) A court may issue an injunction under this section without proof of actual damages. An injunction issued under this section does not relieve a person from any other prosecution or enforcement action taken for violation of statutes listed in subsection (1) of this section.

SECTION 6. The Health Licensing Office shall provide administrative oversight and centralized service for the following boards, advisory councils and program:

(1) Board of Athletic Trainers, as provided in sections 1 to 13, chapter 736, Oregon Laws 1999;

(2) Board of Cosmetology, as provided in ORS 690.005 to 690.235;

(3) State Board of Denture Technology, as provided in ORS 680.500 to 680.572;

(4) State Board of Direct Entry Midwifery, as provided in ORS 687.405 to 687.495;

(5) Respiratory Therapist Licensing Board, as provided in ORS 688.800 to 688.840;

(6) Environmental Health Registration Board, as provided in ORS chapter 700;

(7) Advisory Council for Electrologists and Permanent Color Technicians and Tattoo Artists, as provided in ORS 690.350 to 690.430;

(8) Advisory Council on Hearing Aids, as provided in ORS 694.015 to 694.185; and

(9) Body piercing licensing program, as provided in ORS 690.500 to 690.570.

SECTION 7. Sections 1 to 6 of this 2003 Act are added to and made a part of ORS 676.600 to 676.625.

SECTION 8. Violation of section 6 (1), chapter 736, Oregon Laws 1999, is a Class B misdemeanor.

SECTION 9. Section 8, chapter 736, Oregon Laws 1999, is amended to read:

Sec. 8. [(1)] An applicant for registration as an athletic trainer under sections 1 to 13, chapter 736, Oregon Laws 1999, [of this 1999 Act] shall be issued a registration if the applicant has:

[(a)] (1) [Received] Provided to the Board of Athletic Trainers adequate proof of receipt of a bachelor’s degree from an accredited four-year college or university and has met the minimum athletic training curriculum requirements established by the Board of Athletic Trainers and adopted by rule;

[(b) Demonstrated to the board proof of receipt of a bachelor’s degree;]

[(c)] (2) Successfully completed the certification examination administered by the National Athletic Trainers Association Board of Certification or equivalent examination approved or recognized by the Board of Athletic Trainers;

[(d)] (3) Completed any other requirements for registration as determined by the Board of Athletic Trainers and adopted by rule;

[(e)] (4) [Documented] Submitted to the Board of Athletic Trainers adequate documentation that the applicant is at least 18 years of age; and

[(f)] (5) Paid all fees required for registration.

[(2) The Health Licensing Office may refuse to issue or renew a registration of an applicant who has been convicted of an offense or disciplined by an athletic licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the ability of the applicant to practice athletic training in accordance with the provisions of sections 1 to 13 of this 1999 Act, or who has falsified an application for registration, or any person for any cause described under section 11 of this 1999 Act.]

SECTION 10. Section 10, chapter 736, Oregon Laws 1999, as amended by section 50b, chapter 885, Oregon Laws 1999, is amended to read:

Sec. 10. (1) The Health Licensing Office, in order to carry out its duties, functions and powers related to the Board of Athletic Trainers, shall establish by rule [shall impose fees for the following] and collect fees for:

(a) Application for athletic trainer registrations, permits and waivers;

(b) Athletic trainer registration;

(d) Temporary practice registration;

(e) Examinations and reexaminations;

(f) Reinstatement;

(g) Delinquency in renewal of a registration;

(h) Duplication; [and]

(i) Reciprocity; and

(j) Providing copies of official documents or records in specific formats and for recovering administrative costs associated with compiling, photocopying or preparing and delivering the records.

(2) All moneys received by the Health Licensing Office under subsection (1) of this section shall be paid into the General Fund [in] of the State Treasury and credited to the Health Licensing Office Account, and are appropriated continuously and shall be used [only] by the Health Licensing Office only for the administration and enforcement of sections 1 to 13, chapter 736, Oregon Laws 1999.

(3) The fees [and charges] established by the Health Licensing Office under this section are subject to the prior approval of the Oregon Department of Administrative Services [and, if their adoption occurs between regular sessions of the Legislative Assembly, a report to the Emergency Board]. The fees [and charges] shall not exceed the cost of administering sections 1 to 13, chapter 736, Oregon Laws 1999, [of the Health Licensing Office] pertaining to the purpose for which the fee [or charge] is established, as authorized by the Legislative Assembly within the Health Licensing Office’s budget, as that budget may be modified by the Emergency Board.

[(4) The Health Licensing Office may assess fees for providing copies of official documents or records in specific formats and for recouping administrative costs associated with compiling, photocopying or preparing and delivering such records.]

SECTION 11. In the manner prescribed in ORS 183.310 to 183.550 for contested cases and in consultation with the Board of Athletic Trainers, the Health Licensing Office may impose a form of discipline listed in section 3 of this 2003 Act against any person practicing athletic training for any of the grounds listed in section 3 of this 2003 Act and for any violation of the provisions of sections 1 to 13, chapter 736, Oregon Laws 1999, or the rules adopted thereunder.

SECTION 12. Section 11 of this 2003 Act is added to and made a part of sections 1 to 13, chapter 736, Oregon Laws 1999.

SECTION 13. ORS 680.515 is amended to read:

680.515. (1) Upon application, [accompanied by the fee established by the State Board of Denture Technology] and payment of required fees, the Health Licensing Office shall [grant] issue a license to practice denture technology to any applicant who:

(a) Furnishes satisfactory evidence that the applicant has successfully completed an associate degree program in denture technology, or the equivalent in formal, post-secondary education, approved by the Health Licensing Office in consultation with the Oregon Student Assistance Commission and the Department of Education. The educational program shall include pertinent courses in anatomy, including histology, microbiology, physiology, pharmacology, pathology emphasizing periodontology, dental materials, medical emergencies, geriatrics, professional ethics, clinical denture technology and denture laboratory technology;

(b) Furnishes satisfactory evidence that the applicant has successfully completed, during or after post-secondary study, a minimum of 1,000 hours in the practice of denture technology under direct supervision of an approved school or has completed the equivalent supervised experience, as determined by the Health Licensing Office in consultation with the Oregon Student Assistance Commission and the Department of Education; and

(c) Performs to the satisfaction of the Health Licensing Office on a written and a practical examination prescribed by the State Board of Denture Technology and given at least annually [between June 15 and August 15]. An applicant who fails the practical examination must complete an additional 1,000 hours of clinical and laboratory training in an approved work experience program, as determined by the board, to qualify for reexamination.

(2) Notwithstanding subsection (1)(a) of this section, the board may accept educational training obtained in any other state or country if, upon review of satisfactory evidence, the Health Licensing Office determines that the educational program in the other state or country meets the educational standards prescribed under this section.

SECTION 14. ORS 680.525 is amended to read:

680.525. (1) The Health Licensing Office, in order to carry out its duties, functions and powers related to the State Board of Denture Technology [shall determine fees, subject to the approval of the Health Licensing Office, for the following], shall establish by rule fees to be collected for:

(a) Application;

(b) Examinations;

(d) License renewal;

(e) License restoration;

(f) Replacement or duplicate license; [and]

(g) Delinquency; and

(h) Providing copies of official documents or records in specific formats and for recovering administrative costs associated with compiling, photocopying or preparing and delivering the records.

[(2) The fees established under ORS 680.500 to 680.572 shall not exceed the costs of administering the regulatory program of the board as authorized by the Legislative Assembly for the board budget, as modified by the Emergency Board or future sessions of the Legislative Assembly.]

(2) All moneys received by the Health Licensing Office under subsection (1) of this section shall be paid into the General Fund of the State Treasury and credited to the Health Licensing Office Account, and are appropriated continuously and shall be used by the Health Licensing Office only for the administration and enforcement of ORS 680.500 to 680.572.

(3) The fees established by the Health Licensing Office under this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees shall not exceed the cost of administering ORS 680.500 to 680.572 pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the Health Licensing Office’s budget, as that budget may be modified by the Emergency Board.

SECTION 15. ORS 680.530 is amended to read:

680.530. (1)(a) Licenses to practice denture technology issued by the Health Licensing Office shall expire one year from the date of issuance unless renewed on or before the expiration date by payment of the required renewal fee and submission of satisfactory evidence of completion of continuing education courses as specified by rule.

(b) Notwithstanding paragraph (a) of this subsection, the [office] agency may vary the renewal date of a license by giving the applicant written notice of the renewal date being assigned and by making prorated adjustments to the renewal fee.

(2) A license that has expired less than one year before the date of application for renewal may be renewed upon application [therefor] for renewal and payment of the required renewal fee and delinquency fee and upon submission of satisfactory evidence of completion of continuing education as specified by rule.

(3) A license that has expired more than one year before the date of application for renewal but less than three years may be renewed upon application [therefor] for renewal and payment of the required renewal fee and restoration fee and upon submission of satisfactory evidence of completion of continuing education as specified by rule.

(4) A license that has expired more than three years before the date of application for renewal may be reinstated upon application [therefor] for reinstatement, payment of the prescribed license fee and submission of evidence satisfactory to the Health Licensing Office of clinical competence as determined by rule [of the State Board of Denture Technology].

(5) The Health Licensing Office may refuse to [grant] issue or renew the license of a denturist whose license has been denied, suspended or revoked and not renewed under [ORS 680.535] section 3 of this 2003 Act for up to one year from the date of denial of the license or the renewal or the date of the order of suspension or revocation.

SECTION 16. ORS 680.535 is amended to read:

680.535. In the manner prescribed in ORS 183.310 to 183.550 for contested cases, the Health Licensing Office may impose a form of discipline listed in section 3 of this 2003 Act against any person practicing denture technology for any of the grounds listed in section 3 of this 2003 Act and for any violation of the provisions of ORS 680.500 to 680.572, or the rules adopted thereunder. [shall refuse to issue, suspend or revoke a license, or shall place a licensed person on probation for a period specified by the Health Licensing Office for any of the following causes:]

[(1) Conviction of crime where such crime bears a demonstrable relationship to the practice of denture technology.]

[(2) Incompetence or gross negligence in the practice of denture technology.]

[(3) Fraud or misrepresentation in the practice of denture technology or in the admission of such practice.]

[(4) Use of any narcotic or dangerous drug or intoxicating liquor to an extent that such use impairs the ability to conduct safely the practice of denture technology.]

[(5) Violation of any provision of ORS 680.500 to 680.572 or rules adopted thereunder.]

[(6) Use of any advertising statements of a nature that would deceive or mislead the public or that are untruthful.]

SECTION 17. ORS 680.545 is amended to read:

680.545. [(1)] Denturists [shall] licensed prior to January 1, 2004, who have not received an oral pathology endorsement from the State Board of Denture Technology may not treat any person without having first received a statement, dated within 30 days of the date of treatment and signed by a dentist or a physician, that such person’s oral cavity is substantially free from disease and mechanically sufficient to receive a denture.

[(2) Notwithstanding subsection (1) of this section, statements from a dentist or physician are not required:]

[(a) For the purpose of repairing a denture;]

[(b) For the purpose of relining a denture;]

[(c) For the purpose of replacing a denture fitted within the prior year; or]

[(d) If the denturist providing the work has successfully completed special training in oral pathology prescribed by the Health Licensing Office whether as part of an approved associate degree program or equivalent training and the person has applied for and received an oral pathology indorsement.]

[(3) To qualify for an oral pathology indorsement, a denturist who is not described in subsection (2)(d) of this section must successfully complete special training or the equivalent and pass an examination prescribed by the State Board of Denture Technology in consultation with the Oregon Student Assistance Commission.]

SECTION 18. ORS 680.560 is amended to read:

680.560. [(1)] The State Board of Denture Technology shall hold a meeting at least once each year and shall annually elect a chairperson from its members.

[(2) The Director of the Health Licensing Office or a representative appointed by the director shall serve without voting rights as administrator to the board. The administrator shall keep records of the transactions of the board and have custody of the records, documents and other related property.]

[(3) At the direction of the board, all other ministerial functions associated with carrying on the duties, functions and powers of the board, including, but not limited to, secretarial, clerical, investigative and fiscal, shall be performed by the administrator, or by employees of the Health Licensing Office.]

SECTION 19. ORS 680.990 is amended to read:

680.990. (1) Violation of any of the provisions of ORS 680.010 to 680.205 is a Class C misdemeanor.

(2) Violation of any provision of ORS [680.500 to 680.572] 680.505 and 743.713 is a [Class C] Class B misdemeanor.

SECTION 20. ORS 687.420 is amended to read:

687.420. (1) The State Board of Direct Entry Midwifery shall establish standards for qualifications for the licensure of direct entry midwives. Such standards shall include:

(a) Sufficient knowledge in the following areas:

(A) Techniques in taking patient histories;

(B) Anatomy and physiology of the female reproductive system;

(D) Necessity for referral;

(E) Pathology in childbirth;

(F) Mechanisms of labor;

(G) Aseptic techniques;

(H) Postpartum care;

(I) Examinations of newborn infants; and

(J) Family planning;

(b) Successful passage of written and oral examinations; and

(A) 25 assisted deliveries;

(B) 25 deliveries for which the midwife was the primary care provider;

(D) 25 newborn examinations; and

(E) 40 postnatal examinations;

(d) Current certification in cardiopulmonary resuscitation for infants and adults; and

(e) A written plan for emergency transport.

(2) Any person who desires to become licensed as a direct entry midwife shall submit an application to the Health Licensing Office stating the applicant’s qualifications for licensure. If the applicant meets the standards established under subsection (1) of this section and the applicant is not disqualified from licensure under [ORS 687.450] section 3 of this 2003 Act, the [office] agency shall issue an annual license to the direct entry midwife. The [office] agency shall impose a fee for licensure and examination in the amount established pursuant to ORS 687.435.

(3) Any direct entry midwife licensed under this section is entitled to payment under the rules of the medical assistance program for services provided to any eligible recipient of medical assistance.

SECTION 21. ORS 687.425 is amended to read:

687.425. (1) A license issued by the Health Licensing Office for a direct entry midwife shall expire after one year. The [office] agency shall renew a license upon receipt of the renewal application and fee and proof of current cardiopulmonary resuscitation certification for infants and adults, if the applicant is otherwise in compliance with the rules adopted by the State Board of Direct Entry Midwifery and the [office] agency.

(2) The [office] agency shall establish a procedure for the renewal of licenses. Notwithstanding subsection (1) of this section, the [office] agency may vary the renewal date of a license by giving the applicant written notice of the renewal date being assigned and by making prorated adjustments to the renewal fee.

(3) The board shall prescribe requirements for license renewal including, but not limited to, continuing education that must include training in use of legend drugs and devices. In addition to continuing education requirements, a midwife who has attended fewer than five births in the previous year shall be required to take an additional 10 hours of continuing education as prescribed by the board. All licensing requirements shall be approved by the board by rule.

(4) Any license that is not renewed shall automatically revert to inactive status. The license may be reactivated only if the license holder meets other qualifications for reactivation as prescribed by the [Health Licensing Office] agency in consultation with the State Board of Direct Entry Midwifery.

(5) The [Health Licensing Office] agency may mail a notice of renewal to the last-known address of the license holder.

SECTION 22. ORS 687.435 is amended to read:

687.435. (1) The Health Licensing Office shall establish fees [and charges] to carry out the duties, functions and powers of the State Board of Direct Entry Midwifery. Fees [and charges] established pursuant to this section shall not exceed the following:

(a) License application, $100;

(b) Initial license, $2,000;

(d) Written examination, $500;

(e) Oral examination, $150;

(f) Late fee, $50;

(g) Duplicate license, $25;

(h) Reciprocity license, $500; and

(i) License reactivation, $500.

(2) Fees [and charges] established pursuant to subsection (1) of this section shall be subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting fees [and charges]. The fees [and charges] shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fees [and charges] shall not exceed the cost of administering the program or the purpose for which the fee [or charge] is established as authorized by the Legislative Assembly for the board’s budget, or as modified by the Emergency Board of future sessions of the Legislative Assembly.

(3) All moneys received by the Health Licensing Office under this section shall be paid into the General Fund of the State Treasury and credited to the Health Licensing Office Account, and are appropriated continuously and shall be used by the Health Licensing Office only for the administration and enforcement of ORS 687.405 to 687.495.

(4) In addition to the fees established under subsection (1) of this section, the Health Licensing Office may assess fees for providing copies of official documents or records in specific formats and for recovering administrative costs associated with compiling, photocopying or preparing and delivering the records.

NOTE: Section 23 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 24. ORS 687.455 is amended to read:

687.455. The Health Licensing Office shall keep a record of the proceedings of the State Board of Direct Entry Midwifery relating to the issuance, refusal, suspension and revocation of licenses. The [office] agency shall keep a record of all complaints received, including the date of receipt, name of licensee, name and address of each complainant and the nature of the complaint.

SECTION 25. ORS 687.485 is amended to read:

687.485. In addition to the powers otherwise granted by ORS 687.405 to 687.495, the Health Licensing Office, in consultation with the State Board of Direct Entry Midwifery, may:

(1) Determine whether applicants meet the qualifications under ORS 687.405 to 687.495, conduct examinations and grant licenses to qualified applicants upon compliance with the rules of the board and the [office] agency;

(2) Do any act necessary or proper to effect and carry out the duties required of the [office] agency by ORS 687.405 to 687.495;

(3) Adopt rules for the administration of ORS 687.405 to 687.495; and

(4) Accept and expend donations, contributions and grant funds for the purposes of ORS 687.405 to 687.495.

SECTION 26. ORS 687.490 is amended to read:

687.490. (1) Any information provided to the State Board of Direct Entry Midwifery or the Health Licensing Office under [ORS 687.450] section 28 of this 2003 Act is confidential and shall not be subject to public disclosure or admissible as evidence in any judicial proceeding.

(2) Any person who in good faith provides information to the board or the [office] agency shall not be subject to an action for civil damages as a result thereof.

SECTION 27. ORS 687.991 is amended to read:

687.991. (1) Violation of ORS 687.021 or of any rule adopted under ORS 687.121 is a Class A misdemeanor.

(2) Violation of ORS 687.410 is a Class A misdemeanor.

SECTION 28. In the manner prescribed in ORS 183.310 to 183.550 for contested cases and in consultation with the State Board of Direct Entry Midwifery, the Health Licensing Office may impose a form of discipline specified in section 3 of this 2003 Act against any person practicing direct entry midwifery for any of the grounds listed in section 3 of this 2003 Act and for any violation of the provisions of ORS 687.405 to 687.495, or the rules adopted thereunder.

SECTION 29. Section 28 of this 2003 Act is added to and made a part of ORS 687.405 to 687.495.

SECTION 30. (1) The Health Licensing Office, in order to carry out its duties, functions and powers related to the Respiratory Therapist Licensing Board, shall establish by rule and collect fees for:

(a) Application;

(b) Examinations;

(c) License;

(d) License renewal;

(e) License restoration;

(f) Replacement or duplicate license;

(g) Delinquency; and

(h) Providing copies of official documents or records in specific formats and for recovering administrative costs associated with compiling, photocopying or preparing and delivering the records.

(3) The fees established by the Health Licensing Office under this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees shall not exceed the cost of administering ORS 688.800 to 688.840 pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the Health Licensing Office’s budget, as that budget may be modified by the Emergency Board.

SECTION 31. Section 30 of this 2003 Act is added to and made a part of ORS 688.800 to 688.840.

SECTION 32. ORS 688.815 is amended to read:

688.815. (1) An applicant for a license to practice respiratory care shall submit to the Health Licensing Office written evidence, verified by oath, that the applicant:

(a) Is at least 18 years of age;

(b) Has completed an approved four-year high school course of study or the equivalent thereof determined by the appropriate educational agency; and

(c) Has completed a respiratory care education program approved by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education or their successors or equivalent organizations, as approved by the Respiratory Therapist Licensing Board.

(2) The applicant shall be required to pass an examination, whereupon the [office] agency may issue to the applicant a license to practice respiratory care.

(3) The [office] agency may choose to issue a license to practice respiratory care by indorsement to:

(a) An applicant who is currently licensed to practice respiratory care under the laws of another state, territory or country if the qualifications of the applicant are considered by the [office] agency to be equivalent to those required in this state.

(b) An applicant holding a credential conferred by the National Board for Respiratory Care as a Certified Respiratory Therapy Technician (CRTT) or as a Registered Respiratory Therapist (RRT), or both, providing such credential has not been suspended or revoked.

NOTE: Section 33 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 34. In the manner prescribed in ORS 183.310 to 183.550 for contested cases and in consultation with the Respiratory Therapist Licensing Board, the Health Licensing Office may impose a form of discipline specified in section 3 of this 2003 Act against any person practicing respiratory care for any of the grounds listed in section 3 of this 2003 Act and for any violation of the provisions of ORS 688.800 to 688.840, or the rules adopted thereunder.

SECTION 35. Section 34 of this 2003 Act is added to and made a part of ORS 688.800 to 688.840.

SECTION 36. ORS 688.830 is amended to read:

688.830. (1) The Health Licensing Office in consultation with the Respiratory Therapist Licensing Board shall:

(a) Determine the qualifications and fitness of applicants for licensure, renewal of license and reciprocal licenses.

(b) Adopt rules that are necessary to conduct its business, carry out its duties and administer ORS 688.800 to 688.840.

(c) Examine, approve, issue, deny, revoke, suspend and renew licenses to practice respiratory care under ORS 688.800 to 688.840.

(d) Maintain a public record of persons licensed by the [office] agency to practice respiratory care.

(2) The Respiratory Therapist Licensing Board shall:

(a) Establish standards of practice and professional responsibility for persons licensed by the [office] agency.

(b) Select a licensing examination that meets the standards of the National Commission for Health Certifying Agencies or an equivalent that is nationally recognized in testing respiratory care competencies.

(d) Provide for waivers of examinations, grandfathering requirements and temporary licenses as considered appropriate.

[(e) Establish examination and licensing fees, renewal fees and fees for duplicate licenses. Subject to the review of the Oregon Department of Administrative Services, the fees established under this paragraph shall not exceed the cost of administering the regulatory program of the board pertaining to the purpose for which the fee is established, as recognized by the Legislative Assembly in the board’s budget, as the budget may be modified by the Emergency Board.]

SECTION 37. ORS 688.995 is amended to read:

688.995. Violation of any provision of ORS 688.800 to 688.840, or of any rule adopted thereunder, is a [Class C] Class B misdemeanor.

SECTION 38. ORS 690.005 is amended to read:

690.005. As used in ORS 690.005 to 690.235:

(1) “Agency” means the Health Licensing Office.

[(1)] (2) “Barbering” means any of the following practices, when done upon the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:

(a) Shampooing, arranging, styling, curling, cutting, temporarily waving, singeing, cleansing and conditioning of the hair of an individual.

(b) Applying hair tonics, dressings and rinses.

(c) Massaging of the scalp, face and neck and applying facial and scalp treatments with creams, lotions, oils and other cosmetic preparations, either by hand or mechanical appliances, but such appliances shall not be galvanic or faradic.

(d) Shaving, trimming or cutting of the beard or mustache.

[(2)] (3) “Board” means the Board of Cosmetology.

[(3)] (4) “Certificate” means a written authorization for the holder to perform in one or more fields of practice.

[(4)] (5) “Cosmetology” means the art or science of beautifying and improving the skin, nails and hair. “Cosmetology” includes the study of cosmetics and their application.

[(5)] (6) “Demonstration permit” means a written authorization for a person to practice, demonstrate and teach one or more fields of practice on a temporary basis.

[(6)] (7) “Facial technology” means the use of the hands, mechanical or electrical apparatus or appliances, cosmetic preparations, antiseptics, tonics, lotions or creams in massaging, cleansing, stimulating, manipulating, exercising, beautifying or similar work performed on the human face and neck above the seventh vertebra for cosmetic purposes and not for the treatment of disease or physical or mental ailments.

[(7)] (8) “Facility” means an establishment operated on a regular or irregular basis for the purpose of providing services in one or more fields of practice.

[(8)] (9) “Field of practice” means:

(a) Barbering.

(b) Facial technology.

(d) Nail technology.

[(9)] (10) “Hair design” means, when done upon the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments any one or more of the following practices:

(a) Shaving, trimming or cutting of the beard or mustache.

(b) Arranging, styling, dressing, curling, temporary waving, permanent waving, relaxing, cutting, singeing, bleaching, coloring, dyeing, cleansing, shampooing, conditioning, applying hair tonics or similar work upon the hair of an individual.

(c) Massaging the scalp and neck when performed in conjunction with activities in paragraph (a) or (b) of this subsection.

[(10)] (11) “Independent contractor” means a practitioner who qualifies as an independent contractor under ORS 670.600 and who is not under the control and direction of a facility license holder.

[(11)] (12) “License” means a written authorization issued under ORS 690.055 to a person to operate a facility for providing services related to one or more fields of practice to the public.

[(12)] (13) “Nail technology” means manicuring or pedicuring performed for cosmetic purposes and not for treatment of disease or physical or mental ailments. “Manicuring or pedicuring” includes:

(a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating the nails of the hands or feet;

(b) Massaging, cleansing, treating or beautifying the hands or feet; and

[(13)] (14) “Practitioner” means a person certified to perform services included within a field of practice.

[(14)] (15) “Registration” means a written authorization issued to an independent contractor to hold forth to the public as a business entity providing services in a field of practice.

[(15)] (16) “School” means an educational establishment that has a license issued by the Department of Education and is operated for the purpose of teaching one or more fields of practice.

[(16)] (17) “Temporary facility permit” means a written authorization issued under ORS 690.055 to provide services on a temporary basis in one or more fields of practice.

SECTION 39. ORS 690.015 is amended to read:

690.015. This section establishes prohibitions relating to the practice of hair design, barbering, facial technology and nail technology. The prohibitions under this section are subject to the exemptions under ORS 690.025. A person who violates a prohibition under this section is subject to the penalties under ORS 690.992 in addition to any administrative action taken by the Board of Cosmetology under ORS 690.075 or any civil penalty imposed by the Health Licensing Office under [ORS 690.995] section 3 of this 2003 Act. A person violates a prohibition under this section if the person does any of the following:

(1) Performs or attempts to perform as a practitioner without a certificate, demonstration permit or certificate of identification.

(2) Operates a facility without a license or temporary facility permit.

(3) Operates a facility unless it is at all times under the direct supervision of a practitioner.

(4) Practices hair design, barbering, facial technology or nail technology as an independent contractor without a registration.

(5) Displays a sign or in any way advertises or purports to offer services in a field of practice without first obtaining a permit, certificate, independent contractor registration or facility license.

(6) Knowingly makes a false statement on an application to obtain or renew a certificate, registration, license or permit or to obtain a certificate of identification.

(7) Allows an individual in the employ or under the supervision or control of the person to perform in a field of practice without a certificate or permit.

(8) Sells, barters or offers to sell or barter a document evidencing a certificate, registration, license, permit or certificate of identification.

(9) Purchases or procures by barter a document evidencing a certificate with intent to use it as evidence of the person’s qualification as a practitioner.

(10) Materially alters with fraudulent intent a document evidencing a certificate, registration, license, permit or certificate of identification.

(11) Uses or attempts to use as valid a fraudulently obtained, counterfeited or materially altered document evidencing a certificate, registration, license, permit or certificate of identification.

SECTION 40. ORS 690.048 is amended to read:

690.048. (1) The [Board of Cosmetology] Health Licensing Office shall issue a certificate to each applicant who qualifies under ORS 690.046. The certificate is prima facie evidence of the right of the holder to practice [in the] a field of practice for which the holder has qualified and [to purport] purports to be a practitioner.

(2) A certificate [shall state the fields of practice the practitioner may perform] must show the practitioner’s name, address, certificate number, expiration date and field of practice for which the practitioner is qualified to perform services.

SECTION 41. ORS 690.055 is amended to read:

690.055. (1) To be issued a license to operate a facility, each applicant shall:

(a) Be 18 years of age or older, if the applicant is a natural person.

(b) Comply with the rules of the Board of Cosmetology concerning health, safety and [sanitation] infection control.

(c) Comply with the applicable health and safety laws and rules of the Department of Human Services and any other state agencies.

(d) Pay the application fee [determined by the board].

(2) A license shall confer the right to a facility owner to operate the facility and to advertise the services for which the facility is licensed.

(3) A facility must at all times be under the direct supervision of a practitioner.

(4) To be issued a temporary facility permit, each applicant must:

(a) Operate the facility on a temporary basis for a period not to exceed 30 consecutive calendar days and in accordance with rules of the board.

(b) Be 18 years of age or older, if the applicant is a natural person.

(d) Apply on forms prescribed by the [board] Health Licensing Office prior to opening for business.

(e) Comply with the rules of the board concerning health, safety and [sanitation] infection control.

(f) Comply with the applicable health and safety laws and rules of the Department of Human Services and any other state agencies.

(g) Pay the appropriate application and permit fees [as determined by the board].

(h) If the applicant is an entity other than a natural person, be formed and operated in accordance with Oregon law.

SECTION 42. ORS 690.057 is amended to read:

690.057. (1) To be issued a registration to operate as an independent contractor, each applicant shall:

(a) Be 18 years of age or older.

(b) Comply with the rules of the Board of Cosmetology concerning health, safety and [sanitation] infection control.

(c) Comply with the applicable health and safety laws and rules of the Department of Human Services and any other state agencies.

(d) Pay the application fee [determined by the board].

(2) A registration shall confer the right to an independent contractor to advertise and directly offer practitioner services to the public in a licensed facility or a facility operating under a temporary facility permit.

SECTION 43. In the manner prescribed in ORS 183.310 to 183.550 for contested cases and at the direction of the Board of Cosmetology, the Health Licensing Office may impose a form of discipline listed in section 3 of this 2003 Act against any person practicing barbering, cosmetology, hair design, facial technology or nail technology for any of the grounds listed in section 3 of this 2003 Act and for any violation of the provisions of ORS 690.005 to 690.235, or the rules adopted thereunder.

SECTION 44. Section 43 of this 2003 Act is added to and made a part of ORS 690.005 to 690.235.

SECTION 45. ORS 690.123 is amended to read:

690.123. (1) The [Board of Cosmetology] Health Licensing Office may issue a practitioner a certificate of identification to practice outside of or away from a licensed facility.

(2) The Board of Cosmetology shall determine requirements and the agency shall establish fees for issuance of a certificate of identification.

(3) Practitioners performing services outside of a licensed facility under the provisions of a certificate of identification shall comply with the safety and [sanitation] infection control requirements under ORS 690.165 and 690.205 and rules adopted thereunder.

SECTION 46. ORS 690.165 is amended to read:

690.165. In addition to the powers otherwise granted by ORS 345.430 and 690.005 to 690.235, the Board of Cosmetology shall have the power to:

(1) Determine whether applicants are qualified to take certification examinations.

(2) Administer, approve or recognize certification examinations and designate the time, place and administrators of certification examinations.

(3) Contract for the administration of examinations as part of regional or national examinations and contract with independent testing services for examination administration.

(4) Direct the Health Licensing Office to issue certificates, registrations, licenses, permits and certificates of identification to individuals determined by the board to be qualified.

(5) Except as otherwise provided in ORS 690.205 (2) or other provision of law, adopt rules establishing and enforcing standards for safety, [sanitation] infection control, professional conduct and any other matters relating to fields of practice, facilities or locations used by persons providing services regulated by ORS 690.005 to 690.235.

(6) Direct the Health Licensing Office to suspend, revoke, limit or refuse to issue or renew certificates, registrations, licenses or permits or impose a period of probationary activity on the holder thereof.

(7) Do any act necessary or proper to effect and carry out the duties required of the board by ORS 690.005 to 690.235.

(8) Adopt rules prescribing standards of professional conduct for persons practicing hair design, barbering, facial technology or nail technology.

SECTION 47. ORS 690.195 is amended to read:

690.195. (1) The [Board of Cosmetology] Health Licensing Office shall keep a record of its proceedings relating to the issuance, refusal, suspension and revocation of certificates, registrations, licenses and permits and to the imposition of probation. This record shall also contain the name, place of business and the date of each certificate, registration, license and permit issued by the [board] agency.

(2) The [board] agency shall keep a record of all complaints received, including the date of receipt, name and place of business of each practitioner involved, the name and address of each complainant and the nature of the complaint.

(3) The records of the [board] agency shall at all reasonable times be open to inspection by the public.

SECTION 48. ORS 690.205 is amended to read:

690.205. (1) The Board of Cosmetology has authority to make reasonable rules for the administration of the provisions of ORS 345.430 and 690.005 to 690.235 and prescribe safety and [sanitation] infection control requirements for facilities. [Sanitation] Infection control requirements for facilities shall be subject to the approval of the Department of Human Services. A copy of the rules adopted by the board shall be furnished by the board to the owner or manager of each facility.

(2) Notwithstanding subsection (1) of this section, the [board may not prohibit the] use of the facility for domestic purposes may not be prohibited by the board if the part devoted to domestic purposes is in a completely separate room not used by customers, with walls extending from floor to ceiling and with any connecting doors kept closed while the facility is in actual operation.

(3) Any rules adopted by the board shall be adopted in accordance with the procedures set forth in ORS 183.310 to 183.550.

SECTION 49. ORS 690.225 is amended to read:

690.225. (1) In addition to any other duties prescribed by law, the Health Licensing Office shall provide for the inspection of facilities and schools licensed to teach practitioner skills under ORS 345.010 to 345.450.

(2) Inspections conducted under this section shall determine whether the facilities comply with the health, safety, [sanitation] infection control and licensing rules of the Board of Cosmetology and whether the schools comply with the health, safety and [sanitation] infection control requirements under ORS 345.010 to 345.450 and rules of the Health Licensing Office. A report of the results of the inspection shall be submitted to the Department of Education.

SECTION 50. ORS 690.235 is amended to read:

690.235. (1) The Health Licensing Office, in consultation with the Board of Cosmetology, shall establish by rule and collect fees [approved by the Health Licensing Office as necessary for the administration of ORS 690.005 to 690.235]. No fee shall exceed the following:

[(1)] (a) Application for a certificate, license or permit, [$15] $25.

[(2)] (b) Issuance of an original two-year practitioner certificate, [$60] $100.

[(3)] (c) Renewal of a two-year practitioner certificate, [$60] $100.

[(4)] (d) Each initial examination section in an individual field of practice and reexamination of failed sections, [$15] $25.

[(5)] (e) Issuance of a demonstration permit, [$15] $25.

[(6)] (f) Issuance of a facility license, $100.

[(7)] (g) Renewal of a facility license, $100.

[(8)] (h) Issuance of a temporary facility permit, [$50] $100.

[(9)] (i) Issuance of an independent contractor registration, [$50] $100.

[(10)] (j) Renewal of an independent contractor registration, [$50] $100.

[(11)] (k) Issuance of a duplicate or replacement certificate, license or permit, [$5] $25.

[(12)] (L) Late renewal fee, [$5] $25.

[(13)] (m) Reciprocity fee, [$50] $200.

[(14)] (n) Issuance of a certificate of identification, [$50] $100.

(2) All moneys received by the Health Licensing Office under this section shall be paid into the General Fund of the State Treasury and credited to the Health Licensing Office Account, and are appropriated continuously and shall be used by the Health Licensing Office only for the administration and enforcement of ORS 690.005 to 690.235.

(3) The fees established by the Health Licensing Office under subsection (1) of this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees shall not exceed the cost of administering ORS 690.005 to 690.235 pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the Health Licensing Office’s budget, as that budget may be modified by the Emergency Board.

SECTION 51. ORS 690.350 is amended to read:

690.350. As used in ORS 690.350 to 690.430, unless the context requires otherwise:

(1) “Agency” means the Health Licensing Office.

(2) “Council” means the Advisory Council for Electrologists and Permanent Color Technicians and Tattoo Artists.

(3) “Electrologist” means a person who practices electrolysis pursuant to the provisions of ORS 690.350 to 690.430.

(4) “Electrology facility” means any room or space or any part thereof where electrolysis is practiced or where the business of electrology is conducted.

[(4)] (5) “Electrolysis” means the process by which hair, with a series of treatments, is permanently removed from the skin by inserting a needle-conductor into the hair follicle and directing electrical energy toward the hair cell. The word “electrolysis” is used in generic form in ORS 690.350 to 690.430 and refers to modalities of galvanic electrolysis, thermolysis and combinations thereof.

[(5) “Instructor” means a person who teaches in a school of electrolysis pursuant to the provisions of ORS 690.350 to 690.430.]

(6) “Licensed electrologist” means a person licensed under the provisions of ORS 690.350 to 690.430 to practice electrolysis.

(7) “Licensed permanent color technician and tattoo artist” means a person licensed under the provisions of ORS 690.350 to 690.430 to practice tattooing.

(8) “Permanent color technician and tattoo artist” means a person who practices tattooing pursuant to the provisions of ORS 690.350 to 690.430.

(9) “Physician” means a person licensed to practice the healing arts by this state pursuant to ORS chapter 677, 684 or 685.

(10) “Schools of electrolysis” means [those teaching establishments approved] career schools licensed by the Department of Education under ORS 345.010 to 345.450 where electrolysis and related subjects are taught.

(11) “Schools of permanent coloring or tattooing” means career schools licensed by the Department of Education under ORS 345.010 to 345.450 in which permanent coloring or tattooing and related subjects are taught.

[(11)] (12) “Tattoo” means the indelible mark, figure or decorative design introduced by insertion of nontoxic dyes or pigments into or under the [subcutaneous] dermal portion of the skin upon the body of a live human being.

[(12)] (13) “Tattooing” means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the [subcutaneous] dermal portion of the skin so as to form indelible marks for cosmetic, medical or figurative purposes.

[(13)] (14) “Tattoo facility” means any room or space or any part thereof where tattooing is practiced or where the business of tattooing is conducted.

(15) “Teacher” means a person who is registered by the Department of Education to teach in a school of electrolysis or school of permanent coloring or tattooing pursuant to the provisions of ORS 345.010 to 345.450 and 690.350 to 690.430.

SECTION 52. ORS 690.360 is amended to read:

690.360. No person shall:

(1) Sell, barter or offer to sell or barter a license;

(2) Purchase or procure by barter a license with intent to use it as evidence of the person’s qualification to practice electrolysis or tattooing;

(3) Alter materially a license with fraudulent intent;

(4) Use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered; or

(5) Willfully make a false, material statement in an application for licensure or for renewal of a license.

(6) Operate an electrology facility or tattoo facility without obtaining an electrology facility license or tattoo facility license.

SECTION 53. ORS 690.365 is amended to read:

690.365. (1) An applicant for licensure shall pay a fee established by the Health Licensing Office under ORS 690.350 to 690.430 and shall show to the satisfaction of the agency that the applicant:

[(1)] (a) Has complied with the provisions of ORS 690.350 to 690.430 and the applicable rules of the agency;

[(2)] (b) Is not less than 18 years of age;

[(3)] (c) Has a high school diploma or equivalent education;

[(4)] (d) Has submitted evidence of completion of education [or] and training prescribed and approved by the agency under ORS 690.410; and [as follows:]

[(a) A course of study in a school of electrolysis meeting the requirements under ORS 690.410, or has completed in another state a course of study that has been determined by the agency to be equivalent to that required by ORS 690.350 to 690.430 if the application is for an electrologist license; or]

[(b) A training program under the direct supervision of a licensed permanent color technician and tattoo artist if the application is for a permanent color technician and tattoo artist license; and]

[(5)] (e) Has passed an examination approved, administered or recognized by the agency.

(2) Subject to the provisions of section 3 of this 2003 Act, the agency shall issue a license to each applicant who provides evidence satisfactory to the agency of completion of all requirements for licensure. An initial license shall be issued for one year and expires unless renewed on or before the expiration date by payment of required fees and demonstration of completion of continuing education requirements specified by rule.

SECTION 54. ORS 690.370 is amended to read:

690.370. (1) An applicant for licensure who is notified by the Health Licensing Office that the applicant has fulfilled the requirements of ORS 690.365 [(1) to (4)] (1)(a) to (d) shall appear at a time, place and before such persons as the agency may designate, for an examination.

(2) The agency shall offer an examination at least twice a year. The applicant who fails any part of the examination may apply to retake the failed section or sections twice without being required to obtain additional training.

SECTION 55. ORS 690.380 is amended to read:

690.380. (1) A person who holds a license under ORS 690.350 to 690.430 shall notify the Health Licensing Office in writing of the regular address of the place or places where the person performs or intends to perform electrolysis or tattooing and shall keep the license conspicuously posted in the place of business at all times.

(2) The agency shall keep a record of the place or places of business of each person who holds a license.

(3) Any notice required to be given by the agency to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the agency.

(4) The agency shall issue to each qualified applicant a license to operate an electrology facility and to advertise electrolysis services for which the facility is licensed.

[(4)] (5) The agency shall issue to each qualified applicant a license to operate a tattoo facility [as defined in ORS 690.350 (13)] and to advertise permanent makeup or tattooing services for which the facility is licensed.

SECTION 56. ORS 690.385 is amended to read:

690.385. (1) Except as otherwise provided in this section, a license issued under ORS [690.415] 690.365 expires one year after the date of issue unless renewed by payment of the required renewal fee. The Health Licensing Office, however, may vary the date of license renewal by giving to the applicant written notice of the renewal date being assigned and by making prorated adjustments in the renewal fee. If payment is transmitted by postal service, the envelope must be postmarked on or before the expiration of the license. If the license expires, the license may be renewed on payment of a renewal fee and late penalty fee established by the agency under ORS 690.350 to 690.430.

(2) The agency may suspend the license of any person who fails to renew. A suspended license may be reactivated upon the payment of a reactivation fee established by the agency under ORS 690.350 to 690.430 and all past unpaid renewal fees.

(3) A person applying for reactivation shall not be required to take an examination as a condition of reactivation if the reactivation occurs within three years after the date of the license expired.

(4) All electrologists and permanent color technicians and tattoo artists must participate in continuing education, with guidelines and effective date to be established by rule of the agency.

SECTION 57. In the manner prescribed in ORS 183.310 to 183.550 for contested cases, the Health Licensing Office may impose a form of discipline listed in section 3 of this 2003 Act against any person practicing electrolysis or permanent coloring or tattooing for any of the grounds listed in section 3 of this 2003 Act, and for any violation of the provisions of ORS 690.350 to 690.430, or the rules adopted thereunder.

SECTION 58. Section 57 of this 2003 Act is added to and made a part of ORS 690.350 to 690.430.

SECTION 59. ORS 690.405 is amended to read:

690.405. The powers and duties of the Health Licensing Office as related to ORS 690.350 to 690.430[, 690.996 and 690.997] are as follows:

(1) To authorize all disbursements necessary to carry out the provisions of ORS 690.350 to 690.430;

(2) To determine training and experience requirements for taking the examination and to supervise and administer examinations to test the knowledge of applicants for licensure;

(3) To license persons who apply to the agency and who have qualified to practice electrolysis, permanent coloring or tattooing;

(4) To rent facilities when necessary to carry out the examination of applicants for licensure;

(5) To renew licenses;

(6) To suspend or revoke licenses or place licensees on probation in the manner provided by ORS 690.350 to 690.430;

(7) To appoint representatives to conduct or supervise the examination of applicants for licensure;

(8) To designate the time and place for examining applicants for licensure;

(9) Subject to the provisions of ORS 183.310 to 183.550, to adopt rules that are necessary to carry out the provisions of ORS 690.350 to 690.430[, 690.996 and 690.997];

(10) To carry out the periodic inspection of facilities of persons who practice electrolysis or tattooing;

(11) To issue a tattoo facility license or a temporary facility permit to qualified applicants upon compliance with ORS 690.350 to 690.430; [and]

[(12) To appoint or employ subordinate employees.]

(12) To issue an electrology facility license or a temporary facility permit to qualified applicants upon compliance with ORS 690.350 to 690.430; and

(13) Notwithstanding ORS 690.355, to issue demonstration and temporary permits to perform services as prescribed by agency rule.

SECTION 60. ORS 690.410 is amended to read:

690.410. [(1) Pursuant to ORS 183.310 to 183.550, and in consultation with the Advisory Council for Electrologists and Permanent Color Technicians and Tattoo Artists, the Health Licensing Office shall adopt rules to register and approve schools of electrolysis and to approve instructors who teach in such schools. Such rules shall include, but not be limited to, requirements that schools of electrolysis:]

[(a) Offer a course of study which shall include minimum standards of 600 hours of instruction as advised by the council;]

[(b) File with the agency for approval, an outline of the proposed course of study. A copy of the outline shall be sent to the Department of Education. The outline shall state the hours for instruction and lectures in theory and the hours for instruction for practical application. Areas of instruction shall include, but not be limited to:]

[(A) Agency rules for electrolysis;]

[(B) Bacteriology;]

[(C) Sanitation and sterilization;]

[(D) Anatomy and physiology;]

[(E) Endocrinology;]

[(F) Structure, dynamics and diseases of skin and hair;]

[(G) Circulatory and nervous systems;]

[(H) Electricity;]

[(I) A working knowledge of electrolysis, thermolysis and combinations thereof;]

[(J) Draping and positioning; and]

[(K) Professional ethics and business practices;]

[(c) Provide adequate premises with separate areas for classwork and practical instruction including treatment areas for student training;]

[(d) Provide adequate equipment for the full and ready teaching of all subjects included in the curriculum;]

[(e) Comply with the agency’s sanitary rules; and]

[(f) Use the word “school” or other appropriate term conspicuously in its literature and advertising matter.]

[(2) The rules adopted under subsection (1) of this section shall also include requirements that:]

[(a) An initial inspection shall be performed prior to granting of a license; and]

[(b) Periodic inspections may be done at the discretion of the agency and the Department of Education.]

[(3) To teach in an approved school of electrolysis:]

[(a) Instructors must hold a current, valid license to practice electrolysis in this state and must have had a minimum of two years of practical experience approved by the agency or Department of Education as a licensed electrologist;]

[(b) Instructors must pass an instructor’s examination approved, administered or recognized by the agency;]

[(c) Instructor owners and instructors when employed as instructors in an approved school shall perform electrolysis only as demonstration for instructional purposes. However, this requirement does not exclude instructors from having a private practice as long as the private practice is not performed during the instructor’s regular teaching schedule. An approved electrolysis instructor must be present to supervise and instruct in the classroom substantially at all times during school hours;]

[(d) Instructors shall comply with ORS 690.350 to 690.430 and the applicable rules of the agency and of the State Board of Education; and]

[(e) All instructors must participate in continuing education, with guidelines and effective date to be established by rule of the State Board of Education.]

[(4) Pursuant to ORS 183.310 to 183.550, and in consultation with the council, the agency shall adopt rules to prescribe education and training standards for the practice of tattooing.]

[(5) An applicant seeking licensure as a permanent color technician and tattoo artist shall be required to demonstrate safety, sanitation and sterilization techniques by means of an inspection conducted by the regulatory authority to test the applicant’s knowledge of infection control practices and requirements.]

(1) The Health Licensing Office, in accordance with ORS 183.310 to 183.550 and in consultation with the Advisory Council for Electrologists, Permanent Color Technicians and Tattoo Artists, shall adopt by rule minimum standards of education and training requirements for the practice of electrolysis, permanent coloring and tattooing.

(2) The Health Licensing Office shall approve electrolysis, permanent coloring and tattooing courses of study. An outline of instruction shall be filed with the agency and with the Department of Education. The outline must include the approved courses, total hours of instruction, hours of lectures in theory and the hours of instruction in application of practical skills.

(3) Schools of electrolysis and schools of permanent coloring or tattooing must comply with the agency’s safety and infection control rules and are subject to inspection at the discretion of the agency and the Department of Education. A report of the results of each inspection shall be submitted to the department.

(4) An owner of a facility that is also licensed by the Department of Education as a school of electrolysis or a school of permanent coloring or tattooing under ORS 345.010 to 345.450, may employ an individual licensed under ORS 690.350 to 690.430 and registered as a teacher by the Department of Education to perform electrolysis, permanent coloring or tattooing for instructional purposes.

SECTION 61. ORS 690.415 is amended to read:

690.415. (1) The Health Licensing Office shall [assess,] establish by rule[, the following fees and any other fees necessary to carry out the provisions of ORS 690.350 to 690.430] and collect fees for:

(a) Application [fee].

(b) Examination [fees].

(d) Reciprocity [fee].

(e) Initial annual license [fee].

(f) License renewal [fee], active and inactive.

[(g) Late fee.]

[(h) Reactivation fee.]

(g) Late renewal.

(h) License reactivation.

(i) Duplicate license [fee].

(j) Demonstration [permit] and temporary permits.

(k) [Tattoo facility fee and renewal fee] Facility license issuance and renewal, active or inactive.

(L) Providing copies of official documents or records in specific formats and for recovering administrative costs associated with compiling, photocopying or preparing and delivering the records.

[(2) The agency shall license each applicant, without discrimination, who proves to the satisfaction of the agency fitness for such licensure as required by ORS 690.350 to 690.430 and upon payment of a fee established by the agency under this section. Except as provided in ORS 690.385, the agency shall issue to the applicant a license that expires one year after the date of issuance.]

(3) The fees established by the Health Licensing Office under this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees [and charges] established under this subsection shall not exceed the cost of administering the regulatory program under ORS 690.350 to 690.430 pertaining to the purpose for which the fee [or charge] is established, as authorized by the Legislative Assembly within the budget for ORS 690.350 to 690.430, as the budget may be modified by the Emergency Board.

SECTION 62. ORS 690.425 is amended to read:

690.425. (1) There hereby is created in the Health Licensing Office the Advisory Council for Electrologists and Permanent Color Technicians and Tattoo Artists. The council shall consist of five members to be appointed by the Governor.

(2) Members of the council shall be residents of this state. Two members must be practicing electrologists with a minimum of two years of experience. One member shall be a licensed and practicing permanent color technician and tattoo artist. One member shall be a licensed physician in this state. One member shall be a public member who does not possess the professional qualifications of other members.

[(3) No owner, instructor or others having any direct or indirect financial interest in a school of electrolysis or tattooing or in the manufacturing of electrolysis or tattooing equipment shall serve as a member of the council.]

[(4)] (3) No person shall serve more than two consecutive two-year terms.

[(5)] (4) The term of office of a member shall begin on January 1. A member shall continue to serve until a successor who qualifies has been appointed. Before a member’s term expires, the Governor shall appoint a successor to assume the duties of office on January 1 at the expiration of the predecessor’s term.

[(6)] (5) A vacancy on the council shall be filled by appointment for the unexpired term through a list of qualified names submitted to the Governor.

[(7)] (6) The council shall meet at least once a year.

[(8)] (7) Members of the council shall be entitled to compensation and expenses as provided in ORS 292.495.

SECTION 63. ORS 690.430 is amended to read:

690.430. (1) The Advisory Council for Electrologists and Permanent Color Technicians and Tattoo Artists shall have the responsibility and duty of advising the Health Licensing Office in all matters relating to ORS 690.350 to 690.430, [690.996 and 690.997,] shall prepare or adopt the examinations required by ORS 690.350 to 690.430[, 690.996 and 690.997] subject to the approval of the agency and shall assist the agency in carrying out the provisions of ORS 690.350 to 690.430[, 690.996 and 690.997].

(2) The agency shall consider and be guided by the recommendations of the council in all matters relating to ORS 690.350 to 690.430[, 690.996 and 690.997].

SECTION 64. (1) A person may not provide body piercing services without a body piercing technician registration issued by the Health Licensing Office.

(2) A person may not operate a body piercing facility without a body piercing facility license issued by the agency.

(3) This section does not prevent or affect the use of body piercing by a physician, a person under the control and supervision of a physician or any other person specifically permitted by law to engage in body piercing.

SECTION 65. Section 64 of this 2003 Act is added to and made a part of ORS 690.500 to 690.560.

SECTION 66. ORS 690.500 is amended to read:

690.500. As used in ORS 690.500 to 690.560 [and 690.999]:

(1) “Agency” means the Health Licensing Office.

(2) “Body piercing” means the puncturing of a part of the body of a live human being so as to create a permanent hole for cosmetic purposes.

(3) “Body piercing facility” means any room, space, location, place, area, structure or business, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted.

(4) “Body piercing technician” means a person who practices body piercing pursuant to the provisions of ORS 690.500 to 690.570 [and 690.999].

SECTION 67. ORS 690.510 is amended to read:

690.510. (1) In addition to any other duties prescribed by law, there is established within the Health Licensing Office a registration program to provide for the registering of body piercing technicians.

[(2) No person shall provide body piercing services without a body piercing technician registration issued by the Health Licensing Office. The body piercing technician registration shall be posted in a conspicuous place on the premises of a licensed body piercing facility.]

[(3)] (2) The agency shall issue a body piercing technician registration to any person who:

(a) Files an application in the form and manner prescribed by the agency;

(b) Pays the application and registration fees prescribed by the agency;

(A) An information packet regarding safety, [sanitation] infection control and sterilization requirements adopted by the agency by rule;

(B) A copy of the written notification for clients advising of the risks and possible consequences of body piercing services; and

(d) Complies with all other requirements established by the agency.

[(4)] (3) A registration issued under this section shall state that registration does not attest to the body piercing technician’s qualifications based on training or education, nor does the registration validate minimum competency to perform body piercing services.

(4) The body piercing technician registration shall be posted in a conspicuous place on the premises of a licensed body piercing facility.

(5) A registration issued under this section expires annually and may be renewed upon application to the agency, payment of the renewal fee established pursuant to ORS 690.550 and compliance with ORS 690.500 to 690.560 and rules adopted by the agency pursuant to sections ORS 690.500 to 690.560.

SECTION 68. ORS 690.520 is amended to read:

690.520. (1) In addition to any other duties prescribed by law, there is established within the Health Licensing Office a licensing program to provide for the licensing of body piercing facilities.

[(2) No person shall operate a body piercing facility without a body piercing facility license issued by the agency. The body piercing facility license shall be posted in a conspicuous place on the premises of the facility.]

(2) Pursuant to section 2 of this 2003 Act, the agency shall conduct periodic inspections of body piercing facilities to determine compliance with safety, infection control and sterilization requirements.

(3) The agency shall issue a body piercing facility license to any person who:

(a) Files an application in the form and manner prescribed by the agency;

(b) Pays the application and license fees prescribed by the agency;

(c) Demonstrates compliance with all safety, [sanitation] infection control and sterilization requirements adopted by the agency by rule; and

(d) Complies with all other requirements established by the agency.

(4) A license issued under this section expires annually and may be renewed upon application to the agency, payment of the renewal fee established pursuant to ORS 690.550 and compliance with ORS 690.500 to 690.560 and rules adopted by the agency pursuant to ORS 690.500 to 690.560.

(5) The body piercing facility license shall be posted in a conspicuous place on the premises of the facility.

[(5)] (6) This section shall not prevent or affect the use of body piercing by a physician, a person under the control and supervision of a physician or any other person specifically permitted by law to engage in body piercing.

SECTION 69. ORS 690.550 is amended to read:

690.550. (1) The Health Licensing Office shall charge fees for the following in amounts not less than:

(a) Facility application, $100.

(b) Initial facility license, $100.

(d) Technician application, $10.

(e) Initial technician registration, $25.

(f) Annual renewal of technician registration, $25.

(g) Duplicate license or registration, $10.

(2) The fees in subsection (1) of this section shall not exceed the cost of administering the regulatory programs established pursuant to ORS 690.500 to 690.560 pertaining to the purpose for which each fee is established.

(3) All moneys received by the agency under this section shall be paid into the General Fund in the State Treasury and placed to the credit of the Health Licensing Office Account, and such moneys hereby are appropriated continuously and shall be used only for the expenditures, including but not limited to costs associated with staffing, needed for the administration and enforcement of ORS 690.500 to 690.570 [and 690.999].

NOTE: Section 70 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 71. ORS 690.570 is amended to read:

690.570. In accordance with ORS 183.310 to 183.550, the Health Licensing Office shall adopt rules necessary to implement and enforce ORS 690.500 to 690.560 [and 690.999].

SECTION 72. In the manner prescribed in ORS 183.310 to 183.550 for contested cases, the Health Licensing Office may impose a form of discipline listed in section 3 of this 2003 Act against any person practicing body piercing for any of the grounds listed in section 3 of this 2003 Act, and for any violation of the provisions of ORS 690.500 to 690.560 or the rules adopted thereunder.

SECTION 73. Section 72 of this 2003 Act is added to and made a part of ORS 690.500 to 690.560.

SECTION 74. ORS 690.992 is amended to read:

690.992. (1) Violation of ORS 690.015 is a Class B misdemeanor.

(2) Violation of ORS 690.355 or 690.360 is a Class A misdemeanor.

(3) Violation of section 64 of this 2003 Act is a Class A misdemeanor.

SECTION 75. The Health Licensing Office shall adopt by rule standards of practice for hearing aid specialists in providing services to consumers. The standards must include, but are not limited to:

(1) Before fitting or dispensing a hearing aid, the hearing aid specialist shall determine through direct observation and a personal interview whether any of the following conditions exist:

(a) Visible congenital or traumatic deformity of the ear;

(b) Active drainage from the ear within the previous 90 days or a history of active drainage from the ear;

(c) Sudden or rapidly progressive hearing loss within the previous 90 days;

(d) Acute or chronic dizziness;

(e) Unilateral hearing loss of sudden or recent onset within 90 days;

(f) Significant air-bone gap of greater than or equal to 15 decibels, American National Standards Institute, 500, 1,000 and 2,000 Hz average; or

(g) Any other condition that the agency may establish by rule.

(2) If any of the conditions listed in subsection (1) of this section are found, the hearing aid specialist shall refer the person to a physician licensed under ORS chapter 677 who specializes in diseases of the ear or, if no such licensed physician is available in the community, to any physician licensed under ORS chapter 677.

(3) Within the 90 days prior to fitting or dispensing a hearing aid to a person under 18 years of age, the person receiving the hearing aid must be referred to one of the following licensed medical physicians:

(a) An otolaryngologist for examination and for a recommendation of corrective measures that may be required;

(b) A properly licensed medical physician for like examination and recommendation; or

(c) An audiologist licensed by the State of Oregon for an evaluation of the person’s hearing and for a recommendation of corrective measures that may be required if the person is also examined by a properly licensed medical physician who gives approval for possible hearing aid use.

(4) Notwithstanding subsection (3) of this section, replacement of a hearing aid with an identical hearing aid within one year of the initial fitting or dispensing of the hearing aid does not require a referral to a physician.

(5)(a) Hearing aid specialists shall make clear their credentials, never representing that the services or advice of a person licensed to practice medicine and surgery, osteopathy and surgery, or a clinical audiologist will be used or made available in the selection, fitting, adjustment, maintenance or repair of hearing aids when that is not true. Hearing aid specialists shall also refrain from using the word “doctor” or “clinic” or other words, abbreviations or symbols that tend to connote an audiologic, medical or osteopathic profession when that use is not accurate.

(b) A person issued a temporary license shall deal in hearing aids only under supervision of a person licensed under this chapter.

(c) A hearing aid specialist shall maintain a business address and telephone number at which the specialist may be reached during normal business hours.

(d) Sales of hearing aids shall be made by a licensed hearing aid specialist and not by direct mail. For purposes of this paragraph, delivery by mail of a replacement hearing aid or parts does not constitute sale by direct mail.

(6) If the person or the parent or guardian of the person refuses to seek a medical opinion from the physician to whom the person has been referred under subsection (2) or (3) of this section, the person dealing in hearing aids must obtain from the person or the parents or guardian of the person prior to fitting or dispensing a hearing aid a certificate to that effect in a form prescribed by the agency. Any person dealing in hearing aids or employees and putative agents thereof, upon making the required referral for medical opinion, may not in any manner whatsoever disparage or discourage a prospective hearing aid user from seeking a medical opinion prior to the fitting and dispensing of a hearing aid. Nothing required to be performed by a person dealing in hearing aids under this section means that the person is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited by the provisions of ORS 694.042 and 694.095 and this section.

SECTION 76. Section 75 of this 2003 Act is added to and made a part of ORS 694.015 to 694.185.

SECTION 77. ORS 694.042 is amended to read:

694.042. (1) In addition to any other rights and remedies the purchaser may have, including rights under ORS 646.482 to 646.498, the purchaser of a hearing aid shall have the right to rescind the transaction if:

(a) The purchaser for whatever reason consults a licensed medical physician specializing in diseases of the ear, or an audiologist not licensed under this chapter and not affiliated with anyone licensed under this chapter and licensed medical physician, subsequent to purchasing the hearing aid, and the licensed physician advises such purchaser against purchasing or using a hearing aid and in writing specifies the medical reason for the advice;

(b) The seller, in dealings with the purchaser, [committed any act listed in ORS 694.136] failed to adhere to the practice standards listed in section 75 of this 2003 Act, or failed to provide the statement required by ORS 694.036;

(d) The licensee fails to meet any standard of conduct prescribed in the law or rules regulating fitting and dispensing of hearing aids and this failure affects in any way the transaction which the purchaser seeks to rescind.

(2) The purchaser of a hearing aid shall have the right to rescind the transaction, for other than the seller’s breach, as provided in subsection (1)(a), (b), (c) or (d) of this section only if the purchaser returns the product and it is in good condition less normal wear and tear and gives written notice of the intent to rescind the transaction by either:

(a) Returning the product with a written notice of the intent to rescind sent by certified mail, return receipt requested, to the licensee’s regular place of business; or

(b) Returning the product with a written notice of the intent to rescind to an authorized representative of the company from which it was purchased.

(3) The notice described in subsection (2) of this section shall state that the transaction is canceled pursuant to this section. The notice of intent to rescind must be postmarked:

(a) Within 30 days from the date of the original delivery; or

(b) Within specified time periods if the 30-day period has been extended in writing by both parties. The consumer’s rescission rights can only be extended through a written agreement by both parties.

(4) If the conditions of subsection (1)(a), (b), (c) or (d) of this section and subsection (2)(a) or (b) of this section have been met, the seller, without further request and within 10 days after the cancellation, shall [refund to the purchaser all deposits, including any down payment, less 20 percent of the total purchase price.] issue a refund to the purchaser. However, the hearing aid specialist may retain a portion of the purchase price as specified by rule by the Health Licensing Office when the purchaser rescinds the sale during the 30-day rescission period. At the same time, the seller shall return all goods traded in to the seller on account of or in contemplation of the sale. The purchaser shall incur no additional liability for the cancellation.

SECTION 78. ORS 694.055 is amended to read:

694.055. An applicant for licensure under this chapter shall pay a fee established by the Health Licensing Office under ORS [694.085] 694.185 and shall show to the satisfaction of the agency that the applicant:

(1) Is a person 18 years of age or older.

[(2) Has an education equivalent to a four-year course in a standard high school.]

(2) Has graduated from high school or has been awarded a General Educational Development (GED) certificate.

(3) Has completed the training and has the experience required under ORS 694.065.

SECTION 79. ORS 694.065 is amended to read:

694.065. [(1) The Health Licensing Office by rule shall establish training and experience requirements that an applicant must meet before the applicant may take the examination under this section.]

(1) Before an applicant may take the qualifying examination for licensure under this chapter, the applicant must:

(a) Meet the training and experience requirements established by the Health Licensing Office by rule;

(b) Meet the training requirements for licensure as an audiologist or for certification of a licensed physician by the American Board of Otolaryngology; or

(c) Meet the requirements for certification by the National Board for Certification in Hearing Instrument Sciences.

(2) An individual seeking to obtain the experience and training specified in subsection (1)(a) of this section necessary to take the examination shall obtain a trainee registration from the agency pursuant to rules adopted by the agency. A trainee registration issued pursuant to this subsection shall allow the holder of the registration to obtain training and experience only under the direct supervision of a hearing aid [dealer] specialist licensed in the State of Oregon.

[(2) The training requirements for licensure as an audiologist or for certification of a licensed physician by the American Board of Otolaryngology or a certification issued by the National Board for Certification in Hearing Instrument Sciences shall satisfy the training and experience requirements established pursuant to subsection (1) of this section.]

(3) Examination of applicants for licensure under ORS 694.015 to 694.170 shall be held at least once each quarter at such times and places as the Health Licensing Office may determine.

(4) Timely and appropriate notice of the time and place of the examination shall be given to each applicant and to each licensed hearing aid [dealer] specialist supervising a temporary hearing aid [dealer] specialist pursuant to rules adopted by the agency.

(5) The agency, in consultation with the Advisory Council on Hearing Aids, shall adopt rules establishing standards for examination scope, format, minimum acceptable performance and reexamination qualifications. The examination shall be sufficiently thorough to determine the qualifications, fitness and ability of the applicant to practice as a hearing aid [dealer] specialist. The examination may be in the form of written, oral or practical demonstration of skills, or a combination of any such types. The examination shall cover at least the subjects listed in ORS 694.075.

SECTION 80. ORS 694.085 is amended to read:

694.085. (1) [Upon payment of a fee established by the Health Licensing Office under this section,] Subject to section 3 of this 2003 Act, the agency shall license each applicant, without discrimination, who possesses the required training and experience and who satisfactorily passes the examination and pays the required fees. The license shall be effective for one year following issuance.

(2) The agency shall waive the examination required under subsection (1) of this section and grant a license to an applicant who:

(a) Is licensed by the State Board of Examiners for Speech-Language Pathology and Audio logy under ORS 681.250;

(b) Is certified by the Educational Service Board of the American Speech-Language-Hearing Association on or after January 1, 1992, or, if not so certified, satisfies the agency that the applicant possesses equivalent training and education achievements; and

(c) Passes an examination related to Oregon law in the area of hearing aid dispensing and pays the [examination fee of $30] required fees.

[(3) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the agency shall establish all fees under ORS 694.015 to 694.170 unless the fee is specified by law. The fees and charges established under this subsection shall not exceed the cost of administering the regulatory program of the agency pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the agency’s budget, as the budget may be modified by the Emergency Board.]

SECTION 81. ORS 694.095 is amended to read:

694.095. (1) An applicant who fulfills the requirements of ORS 694.055 and 694.065 (1) and who has not previously applied to take the qualifying examination provided under ORS 694.065 (3) or previously been issued a temporary license may apply to the Health Licensing Office for a temporary license.

(2) Upon receiving an application provided under subsection (1) of this section accompanied by a fee established by the agency under ORS [694.085] 694.185, the agency shall issue a temporary license which shall be valid for one year following the date of issuance or until the date the temporary licensee obtains a permanent license pursuant to ORS 694.085, whichever date occurs first.

(3) A temporary license issued under this section shall allow the holder of the license to practice as a hearing aid [dealer] specialist only under the supervision of a licensed hearing aid [dealer] specialist, in accordance with rules adopted by the agency.

(4) If a person who holds a temporary license issued under this section is found by the [Health Licensing Office] agency to be dealing in hearing aids without the supervision required in subsection (3) of this section, the agency may revoke or suspend the temporary license.

SECTION 82. ORS 694.125 is amended to read:

694.125. (1) All licenses issued under ORS 694.015 to 694.170 expire one year following the date of issuance, unless renewed on or before the expiration date by payment of the required renewal fee and submission of satisfactory evidence of completion of continuing education courses as specified by rule.

(2) A license that has expired less than one year before the date of application for renewal may be renewed upon application therefor and payment of the required renewal fee and upon submission of satisfactory evidence of completion of continuing education as specified by rule, and payment of a delinquency fee.

(3) A license that has expired more than one year but less than three years before the date of application for renewal may be renewed upon application therefor and payment of the required renewal fee and delinquency fee and upon submission of satisfactory evidence of completion of continuing education as specified by rule.

(4) A license that has expired more than three years before the date of application for renewal may be reinstated upon application, payment of required fees and completion of other conditions for license issuance [therefor, payment of the prescribed application, examination and license fee and successfully passing the qualifying examination] as determined by rule.

(5) A license shall be conspicuously posted in public view in the office or place of business of the hearing aid [dealer] specialist at all times.

(6) The Health Licensing Office shall require proof of completion of continuing education [not to exceed nine hours] as a condition of license renewal as determined by rule.

SECTION 83. (1) In the manner prescribed in ORS 183.310 to 183.550 for contested cases, the Health Licensing Office may impose a form of discipline listed in section 3 of this 2003 Act against any person dealing in hearing aids for any of the grounds listed in section 3 of this 2003 Act and for any violation of the provisions of ORS 694.015 to 694.185, or the rules adopted thereunder.

(2) The Health Licensing Office may also impose disciplinary sanctions against a person dealing in hearing aids for any of the following causes:

(a) Failing or refusing to honor or to perform as represented any promise, agreement, warranty or representation in connection with the promotion, dispensing or fitting of a hearing aid.

(b) Advertising a particular model, type or kind of hearing aid for sale that purchasers or prospective purchasers responding to the advertisement cannot purchase.

(c) Failing to adhere to practice standards established by section 75 of this 2003 Act or rules adopted by the agency.

SECTION 84. Section 83 of this 2003 Act is added to and made a part of ORS 694.015 to 694.185.

SECTION 85. ORS 694.170 is amended to read:

694.170. (1) The Advisory Council on Hearing Aids shall have the responsibility and duty of advising the Health Licensing Office in all matters relating to ORS 694.015 to 694.170 including standards of practice and professional conduct, shall prepare the examinations required by ORS 694.015 to 694.170 subject to the approval of the agency and shall assist the agency in carrying out the provisions of ORS 694.015 to 694.170.

(2) The agency shall consider and be guided by the recommendations of the council in all matters relating to ORS 694.015 to 694.170.

SECTION 86. ORS 694.185 is amended to read:

694.185. (1) The Health Licensing Office, by rule, shall establish and collect fees for:

(a) Application;

(b) Examinations;

(c) License;

(d) License renewal;

(e) License restoration;

(f) Replacement or duplicate license;

(g) Delinquency; and

(h) Providing copies of official documents or records in specific formats and for recovering administrative costs associated with compiling, photocopying or preparing and delivering the records.

(2) All moneys received by the Health Licensing Office under ORS 694.015 to 694.170 shall be paid into the General Fund in the State Treasury and [placed to the credit of] credited to the Health Licensing Office Account, and [such moneys hereby] are appropriated continuously and shall be used by the Health Licensing Office only for the administration and enforcement of ORS 694.015 to 694.170 [and 694.991].

(3) The fees established by the Health Licensing Office under this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees shall not exceed the cost of administering ORS 694.015 to 694.185 pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the Health Licensing Office’s budget, as that budget may be modified by the Emergency Board.

SECTION 87. ORS 694.991 is amended to read:

694.991. (1) Violation of any provision of ORS [694.015 to 694.170 is punishable, upon conviction, by a fine of not more than $500 or by imprisonment for not more than 90 days, or both] 694.025, 694.028, 694.032 and 694.145 is a Class B misdemeanor.

(2) Justice courts have concurrent jurisdiction with the circuit courts of violation under ORS 694.015 to 694.170.

SECTION 88. ORS 681.230 is amended to read:

681.230. (1) Nothing in this chapter is intended to prevent a person licensed in this state under any other law from engaging in the profession for which the person is licensed.

(2) Nothing in this chapter is intended to restrict or prevent activities of a speech-language pathology or audiology nature or the use of the official title of the position for which they were employed on the part of the following persons:

(a) Persons who hold a valid and current credential as a speech and hearing specialist issued by the Teacher Standards and Practices Commission.

(b) Speech-language pathologists or audiologists employed by federal agencies.

(3) Persons performing activities described in subsection (2) of this section who are not licensed under this chapter must do so solely within the confines of or under the jurisdiction of the organization in which they are employed and shall not offer to render speech-language pathology or audiology services to the public for compensation over and above the salary they receive for performance of their official duties with organizations in which they are employed. However, without obtaining a license under this chapter, such persons may consult or disseminate their research findings and scientific information to other such accredited academic institutions or governmental agencies. They also may offer lectures to the public for a fee, monetary or otherwise, without being licensed under this chapter.

(4) Nothing in this chapter is intended to restrict activities and services of a student of speech-language pathology from pursuing a course of study in speech-language pathology at an approved college or university or an approved clinical training facility. However, these activities and services must constitute a part of the supervised course of study of the student and no fee shall accrue directly or indirectly to the student. Such persons shall be designated by such title as “Speech-language Pathology Intern,” “Speech-language Pathology Trainee” or other such title clearly indicating the training status appropriate to the level of training of the student.

(5) Nothing in this chapter is intended to restrict the activities and services of a student of audiology from pursuing a course of study in audiology at an approved college or university or an approved clinical training facility. However, these activities and services must constitute a part of the supervised course of study of the student and no fee shall accrue directly or indirectly to the student. Such persons shall be designated by such title as “Audiology Intern,” “Audiology Trainee” or other such title clearly indicating the training status appropriate to the level of training of the student.

(6) Nothing in this chapter is intended to restrict any person holding a Class A certificate issued by the Conference of Executives of American Schools of the Deaf from performing the functions for which the person qualifies.

(7) Nothing in this chapter is intended to restrict any person holding a license in this state as a hearing aid [dealer] specialist from consulting with respect to the selling of hearing aids according to ORS chapter 694.

(8) Nothing in this chapter is intended to exempt an audiologist from licensure under ORS 694.025.

SECTION 89. Violation of ORS 700.020 is a Class B misdemeanor.

NOTE: Section 90 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 91. ORS 700.010 is amended to read:

700.010. As used in this chapter, unless the context requires otherwise:

(1) “Agency” means the Health Licensing Office.

(2) “Board” means the [Sanitarians Registration] Environmental Health Registration Board.

(3) “Certified professional soil scientist” means a person registered in good standing with the American Registry of Certified Professionals in Agronomy, Crops and Soils.

(4) “Environmental health specialist” means a person who by education, training and experience in the sanitary, biological and physical sciences is qualified to perform duties in environmental sanitation, including but not limited to scientific investigation and education and counseling in environmental sanitation.

(5) “Environmental health specialist trainee” means a person who lacks the combination of training, education and experience required for a registered environmental health specialist, but who is engaged in meeting the requirements.

[(4)] (6) “Environmental sanitation” means the art and science of applying sanitary, biological and physical science principles and knowledge to improve and control the environment and factors therein for the protection of the health and welfare of the public.

[(5)] (7) “Registrant” means any person registered with the agency under this chapter.

[(6) “Sanitarian” means a person who by education, training and experience in the sanitary, biological and physical sciences is qualified to perform duties in environmental sanitation, including but not limited to scientific investigation, and education and counseling in environmental sanitation.]

[(7) “Sanitarian trainee” means a person who lacks the combination of training, education and experience required for a sanitarian registered under this chapter but who is engaged in meeting such requirements.]

(8) “Registration” means written authorization issued under ORS 700.030 or 700.053 for the holder to perform duties in the fields of environmental sanitation or waste water sanitation.

[(8)] (9) “Science courses relating to environmental sanitation” include courses in public or community health or in sanitary, biological or physical sciences.

(10) “Trainee registration” means written authorization issued under ORS 700.035 or 700.062 for the holder to perform duties as an environmental health specialist trainee or as a waste water specialist trainee.

[(9)] (11) [“Waste water sanitarian”] “Waste water specialist” means a [sanitarian or certified professional soil scientist practicing in the field of] person who by education, training and experience in the sanitary, biological and physical sciences is qualified to perform duties in the field of waste water treatment, disposal and reuse where soil is used in the final stage of the treatment process.

(12) “Waste water specialist trainee” means a person who lacks the combination of training, education and experience required for a registered waste water specialist, but who is engaged in the process of meeting the requirements.

SECTION 92. ORS 700.020 is amended to read:

700.020. Without first complying with the provisions of this chapter, no person shall:

(1) Use or assume the title or any other designation or advertise a title or designation indicating that the person is [a sanitarian or waste water sanitarian] an environmental health specialist or waste water specialist.

(2) Perform the duties of [a sanitarian or waste water sanitarian] an environmental health specialist or waste water specialist.

(3) Append after the name of the person the title of [“registered sanitarian” or the letters “R.S.” unless the person is a registered sanitarian under this chapter.] “registered environmental health specialist” or the letters “REHS.”

SECTION 93. ORS 700.030 is amended to read:

700.030. (1) [Upon submittal of an application accompanied by the fee established by the Sanitarians Registration Board and approved by the Health Licensing Office, the board shall grant and the office shall issue registration as a sanitarian] Subject to section 3 of this 2003 Act, upon application accompanied by payment of required fees, the Health Licensing Office shall issue a registration to any applicant who performs to the satisfaction of the [board in written and oral] Environmental Health Registration Board on an examination approved by the board and furnishes evidence satisfactory to the [board] agency that the applicant:

(a) Has a [baccalaureate] bachelor’s degree from an accredited college or university with at least 45 quarter hours, or the equivalent semester hours, in science courses relating to environmental sanitation and two years of experience in environmental sanitation under the supervision of a registered [sanitarian] environmental health specialist or a person possessing equal qualifications, as determined by the board. Accumulated schooling relevant to environmental sanitation gained while serving in the United States Public Health Service or a branch of the Armed Forces of the United States may be credited toward the educational requirement as evaluated by the current edition of the “Guide to Evaluation of Educational Experience in the Armed [Forces] Services,” by the American Council on Education; or

(b) Has a graduate degree in public or community health from an accredited college or university and one year of experience in environmental sanitation under the supervision of a registered [sanitarian] environmental health specialist or a person possessing equal qualifications, as determined by the board.

(2) The [board] agency, in consultation with the board, shall establish by rule requirements for registration [as a sanitarian] as an environmental health specialist when an individual’s date of employment precedes attainment of registration.

SECTION 94. ORS 700.035 is amended to read:

700.035. (1) [Upon submittal of an application accompanied by the fees established by the Sanitarians Registration Board and approved by the Health Licensing Office, the board shall grant and the office] Upon application and payment of required fees, the Health Licensing Office shall issue [registration as a sanitarian] an environmental health specialist trainee registration to any applicant who [furnishes evidence satisfactory to the board] performs to the satisfaction of the Environmental Health Registration Board on an examination approved by the board and furnishes evidence satisfactory to the agency that the applicant:

(a) Has a [baccalaureate] bachelor’s degree with 45 quarter hours, or the equivalent semester hours, in science courses relating to environmental sanitation from an accredited college or university; or

(b) Has at least 15 quarter hours, or the equivalent semester hours, in science courses relating to environmental sanitation from an accredited college or university and has at least five years of experience in environmental sanitation or related activities, as determined by the board, under the supervision of a [sanitarian registered under this chapter] registered environmental health specialist or a person possessing equal qualifications, as determined by the board.

(2) [Registration as a sanitarian] A person may not be registered as an environmental health specialist trainee [shall not exceed] for more than two years’ full-time employment in the environmental sanitation profession, or the equivalent hours[,] if employment in environmental sanitation[, as defined in ORS 700.010,] is less than full-time or 40 hours per week.

(3) The agency, in consultation with the board, shall establish by rule requirements for registration as [a sanitarian] an environmental health specialist trainee when an individual’s date of employment precedes attainment of registration.

(4) [A sanitarian] An environmental health specialist trainee shall be supervised by a [sanitarian registered under this chapter] registered environmental health specialist or a person possessing equal qualifications as determined by the board.

SECTION 95. ORS 700.050 is amended to read:

700.050. (1) Examinations for registration as an environmental health specialist shall be held at least once every year at such time and place as the Health Licensing Office may determine. The examination shall be sufficiently thorough to determine the qualifications, fitness and ability of the applicant to practice as [a sanitarian] an environmental health specialist and may be in the form of written, oral or practical demonstrations of skill. The examination shall cover [at least the subject areas listed in ORS 700.010 (6) and the laws and rules of the agency] subject areas determined by the Environmental Health Registration Board by rule.

(2) Within 30 days after the examination, the agency shall notify each applicant whether the applicant passed or failed the examination.

(3) Upon written request to the agency, any applicant may discuss performance on the examination.

(4) Any applicant who fails to make a passing grade on the examination may be allowed to take the examination a second time upon payment of the required fee. The agency, in consultation with the [Sanitarians Registration] board, may require the applicant to undergo additional training as determined by the board before taking the examination a third or subsequent time.

(5) The agency shall give reasonable notice by mail of the time and place of examination to each applicant accepted for examination.

SECTION 96. ORS 700.053 is amended to read:

700.053. (1) An applicant for registration [as a waste water sanitarian] as a waste water specialist shall submit an application to the Health Licensing Office in the manner required by the [Sanitarians Registration] Environmental Health Registration Board. The application shall be on a form approved by the [board] agency, include proof satisfactory to the board that the applicant meets the education and experience requirements under subsection (3) of this section and include [any application fee established by the board and approved by the Health Licensing Office] payment of required fees.

(2) Upon receipt of an application for registration complying with subsection (1) of this section, successfully completing the [oral] examination required under subsection (5) of this section and passing the examination required under subsection (6) of this section, the [board] agency shall [grant] issue the applicant registration as a waste water [sanitarian] specialist.

(3) An applicant for registration [as a waste water sanitarian] as a waste water specialist is required to have:

(a) A [baccalaureate] bachelor’s degree from an accredited college or university, including at least 45 quarter hours or [30 semester hours or a combination thereof in college or university] the equivalent in soil science courses and two years of [practice] experience in waste water treatment, disposal and reuse within this state supervised by a [sanitarian registered under this chapter] registered waste water specialist or by an equally qualified person as determined by the board;

(b) A graduate degree in soil science from an accredited college or university and one year of [practice] experience in waste water treatment, disposal and reuse within this state supervised by a [sanitarian registered under this chapter] registered waste water specialist or by an equally qualified person as determined by the board; or

(c) A graduate degree in soil science from an accredited college or university and [current registration as a certified] currently certified as a professional soil scientist.

(4) Soil science schooling obtained while serving in the United States Public Health Service or a branch of the Armed Forces of the United States may be credited toward the soil science course requirement under subsection (3)(a) of this section. The board may use any system it considers reliable in assigning credit for relevant schooling under this subsection, including but not limited to assigning credit in conformance with the “Guide to Evaluation of Educational Experience in the Armed [Forces] Services” published by the American Council on Education.

(5) The board may, at its discretion, conduct an [oral] examination of candidates for registration [as waste water sanitarians] as waste water specialists. The [oral] examination may be on any matter pertaining to the fitness of the applicant to be registered as a waste water [sanitarian] specialist, but shall not duplicate matters covered on the examination required under subsection (6) of this section.

(6) Every applicant for registration as a waste water [sanitarian] specialist, shall be given a written or practical examination prepared by the board and designed to test the technical competence of the applicant in all major areas of waste water sanitation.

SECTION 97. ORS 700.056 is amended to read:

700.056. (1) A person who is registered as a waste water [sanitarian] specialist under ORS 700.053 shall not perform the duties of a [sanitarian] registered environmental health specialist, except that the person may:

(a) Evaluate soils for subsurface or surface disposal of waste water or for the land application of sludge; and

(b) Based on the soil evaluation, determine the appropriate design of systems that use soil in the final stage of the waste water treatment process.

(2) This section does not prohibit a [sanitarian] registered environmental health specialist from performing the duties of a waste water [sanitarian] specialist.

SECTION 98. ORS 700.059 is amended to read:

700.059. (1) Examinations for registration as a waste water [sanitarian] specialist shall be held at least once every year at such time and place as the [Sanitarians Registration] Environmental Health Registration Board may determine. The board shall determine the content of the examination, utilizing such advisory committees as the board deems necessary.

(2) Within 30 days after the examination, the board shall notify each applicant whether the applicant passed or failed the examination.

(3) Upon written request to the board, any applicant may discuss performance on the examination.

(4) Any applicant who fails to make a passing grade on the examination may be allowed to take the examination a second time upon payment of [the fee required therefor] required fees. However, any applicant who fails the examination a second time must obtain special permission from the board to take the examination a third or subsequent time.

(5) The Health Licensing Office shall give reasonable notice by mail of the time and place of examination to each applicant accepted for examination.

SECTION 99. ORS 700.062 is amended to read:

700.062. (1) Subject to section 3 of this 2003 Act, upon application [therefor, accompanied by the fee established by the Sanitarians Registration Board] and payment of required fees established by the Health Licensing Office, the [board] agency shall [grant] issue registration as a waste water [sanitarian] specialist trainee to any applicant who furnishes evidence satisfactory to the [board] agency that the applicant:

(a) Has a [baccalaureate] bachelor’s degree from an accredited college or university, including at least 45 quarter hours or [30 semester hours or a combination thereof in college or university] the equivalent in soil science courses; or

(b) Has a graduate degree in soil science from an accredited college or university.

(2) Soil science schooling obtained while serving in the United States Public Health Service or a branch of the Armed [Forces] Services of the United States may be credited toward the soil science course requirement under this section. The Environmental Health Registration Board may use any system it considers reliable in assigning credit for relevant schooling under this subsection, including but not limited to assigning credit in conformance with the “Guide to Evaluation of Educational Experience in the Armed [Forces] Services” published by the American Council on Education.

SECTION 100. ORS 700.080 is amended to read:

700.080. (1) The [Sanitarians Registration Board, subject to the approval of the Health Licensing Office, shall by rule establish] Health Licensing Office shall establish by rule and collect fees [determined by the board as necessary for the administration of this chapter. The fees shall be for the following] for:

(a) Application.

(b) Examination of an applicant.

[(c) Registration of a sanitarian, sanitarian trainee, waste water sanitarian trainee or waste water sanitarian.]

[(d) Reciprocity registration of a sanitarian, sanitarian trainee, waste water sanitarian trainee or waste water sanitarian.]

[(e) Timely renewal of the registration of a sanitarian, sanitarian trainee, waster water sanitarian trainee or waste water sanitarian.]

[(f) Restoration of an expired registration.]

[(g) Late renewal of the registration or delinquency fee of a sanitarian, sanitarian trainee, waste water sanitarian trainee or waste water sanitarian.]

[(h) Replacement or duplicate certificate of registration.]

[(2) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under this chapter shall not exceed the cost of administering the regulatory program of the Sanitarians Registration Board pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board’s budget, as the budget may be modified by the Emergency Board.]

(c) Trainee registration.

(d) Original registration issuance.

(e) Registration renewal.

(f) Reciprocity.

(g) Delinquency payment.

(h) Duplicate or replacement certificate of registration.

(i) Restoration of an expired registration.

(j) Providing copies of official documents or records in specific formats and for recovering administrative costs associated with compiling, photocopying or preparing and delivering the records.

(2) All moneys received by the Health Licensing Office under subsection (1) of this section shall be paid into the General Fund in the State Treasury and credited to the Health Licensing Office Account, and are appropriated continuously and shall be used by the Health Licensing Office only for the administration and enforcement of ORS chapter 700.

(3) The fees established by the Health Licensing Office under this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees shall not exceed the cost of administering ORS chapter 700 pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the Health Licensing Office’s budget, as that budget may be modified by the Emergency Board.

SECTION 101. The Health Licensing Office shall issue a registration without written examination to an applicant who pays the required fees and furnishes documentation, as determined by the agency by rule, showing satisfactory evidence that the applicant meets the education requirements of this chapter, and at the time of application is registered as an environmental health specialist or waste water specialist by a national association that is recognized by the Environmental Health Registration Board or is registered by the regulatory body of another state. The registration requirements of the other state or the national association, including the written examination, must be substantially equivalent to registration requirements in this state.

SECTION 102. Section 101 of this 2003 Act is added to and made a part of ORS chapter 700.

SECTION 103. ORS 700.100 is amended to read:

700.100. (1)(a) Registrations issued under this chapter shall expire one year from the date of issuance, unless renewed on or before the expiration date by payment of the required renewal fee and submission of satisfactory evidence of completion of continuing education courses as specified by the [Sanitarians Registration] Environmental Health Registration Board by rule and compliance with all other requirements for renewal [prescribed by the Health Licensing Office in consultation with the Sanitarians Registration Board].

(b) Notwithstanding paragraph (a) of this subsection, the Health Licensing Office may vary the renewal date of a registration by giving the applicant written notice of the renewal date being assigned and by making prorated adjustments to the renewal fee.

(2) A registration that has not been renewed before the expiration date may be renewed within one year of the expiration date if the [sanitarian, sanitarian trainee, waste water sanitarian trainee or waste water sanitarian] holder of a registration submits an application for renewal and pays the renewal fee and a delinquency fee for each calendar month following expiration, provides satisfactory evidence in the application of completion of continuing education requirements and complies with all other requirements for renewal [prescribed by the Health Licensing Office in consultation with the Sanitarians Registration Board].

(3) A registration that has not been renewed for more than one year and less than three years after the expiration date may be renewed if the [sanitarian, sanitarian trainee, waste water sanitarian trainee or waste water sanitarian] holder of a registration submits an application for renewal, [and] pays the renewal fee and a one-time restoration fee, submits satisfactory evidence in the application of completion of continuing education requirements and complies with all other requirements for renewal [prescribed by the Health Licensing Office in consultation with the Sanitarians Registration Board].

(4) The Health Licensing Office shall not renew the registration of any [sanitarian, sanitarian trainee, waste water sanitarian trainee or waste water sanitarian] person who fails to renew a registration for three successive years, but shall [grant] issue a registration to such a person upon compliance with all of the requirements of ORS 700.030, [or] 700.035, 700.053 or 700.062.

[(5) The Health Licensing Office shall not grant or renew the registration of a sanitarian, sanitarian trainee, waste water sanitarian trainee or waste water sanitarian whose registration has been denied, suspended, revoked or not renewed under ORS 700.110 (1) or (2) until one year after the date of the denial of registration or renewal or one year after the date of the order of suspension or revocation.]

SECTION 104. ORS 700.105 is amended to read:

700.105. The Health Licensing Office, [subject to the approval of] in consultation with the [Sanitarians Registration] Environmental Health Registration Board, may adopt rules establishing continuing education requirements that an applicant must meet to obtain renewal of [registration as a sanitarian, sanitarian trainee, waste water sanitarian trainee or waste water sanitarian] a registration.

SECTION 105. In the manner prescribed in ORS 183.310 to 183.550 for contested cases, the Health Licensing Office may impose a form of discipline listed in section 3 of this 2003 Act against any person practicing as an environmental health specialist, an environmental health specialist trainee, a waste water specialist or a waste water specialist trainee for any of the grounds listed in section 3 of this 2003 Act, and for any violation of the provisions of this chapter or the rules adopted thereunder.

SECTION 106. Section 105 of this 2003 Act is added to and made a part of ORS chapter 700.

SECTION 107. ORS 700.210 is amended to read:

700.210. There is established a board to be known as the [Sanitarians Registration] Environmental Health Registration Board to consist of seven members to be appointed by the Governor.

SECTION 108. ORS 700.220 is amended to read:

700.220. (1) The members of the Environmental Health Registration Board appointed by the Governor shall be appointed from among the residents of this state and shall have the following qualifications and terms of office:

(a) One shall be a physician licensed to practice medicine or surgery by the Board of Medical Examiners for the State of Oregon and certified by the American Board of Preventive Medicine and Public Health.

(b) Four shall be [sanitarians, registered under this chapter, not more than one from any congressional district, and] persons registered under this chapter who have [each of whom has had] at least four years of experience in environmental sanitation.

(d) One shall be a public member.

(2) Each successor to the members first appointed by the Governor and each successor to the members first appointed by the Governor under subsection (1)(c) and (d) of this section shall hold office for a term of three years to commence on July 1 following the expiration of the term of a predecessor.

(3) Any vacancy among the seven members appointed by the Governor shall be filled for the unexpired term by appointment by the Governor.

(4) Any member of the [Sanitarians Registration] Environmental Health Registration Board may be removed by the Governor for misconduct, incapacity or neglect of duty or inability to serve.

(5) The members of the board are entitled to compensation and expenses as provided in ORS 292.495, to be paid from the [Sanitarians Registration] Environmental Health Registration Account.

SECTION 109. ORS 700.230 is amended to read:

700.230. (1) The [Sanitarians Registration] Environmental Health Registration Board shall hold a meeting at least once each year.

(2) The board shall annually elect a chairperson from its members.

(3) Four members shall constitute a quorum but no action may be taken on any question unless four members are in accord.

SECTION 110. ORS 700.240 is amended to read:

700.240. (1) The Health Licensing Office, in consultation with the [Sanitarians Registration] Environmental Health Registration Board, has such authority as is reasonably necessary to administer this chapter, including the authority to adopt rules pursuant to ORS 183.310 to 183.550.

(2) The [office] agency has authority to administer oaths and subpoena witnesses.

(3) The [office] agency shall keep a record of all proceedings of the [office] agency, including a register of all registrants. These records shall at reasonable times be open to the public.

(4) When the [office] agency is satisfied that an applicant for registration under this chapter has complied with all of the requirements thereof, it shall have issued to such applicant an appropriate certificate evidencing registration [under this chapter].

SECTION 111. ORS 700.992 is amended to read:

700.992. [(1)] In addition to any other penalty provided by law and pursuant to section 3 of this 2003 Act, the Health Licensing Office may impose a civil penalty for violation of [ORS 700.020, 700.035 (4), 700.110] any provision of this chapter and any rule adopted [thereto. The civil penalty may not exceed $5,000 for each violation. The office may take any other disciplinary action that it finds proper, including but not limited to assessment of costs of the disciplinary proceedings] thereunder.

[(2) Civil penalties under this section shall be imposed in the manner provided by ORS 183.090.]

[(3) Moneys received by the Health Licensing Office under this section shall be deposited and accounted for as provided in ORS 700.251 and used only for the administration and enforcement of this chapter.]

SECTION 112. ORS 431.418 is amended to read:

431.418. (1) Each district board of health shall appoint a qualified public health administrator to supervise the activities of the district in accordance with law. Each county governing body in a county that has created a county board of health under ORS 431.412 shall appoint a qualified public health administrator to supervise the activities of the county health department in accordance with law. In making such appointment, the district or county board of health shall consider standards for selection of administrators prescribed by the Department of Human Services.

(2) Where the public health administrator is a physician licensed by the Board of Medical Examiners for the State of Oregon, the administrator shall serve as health officer for the district or county board of health. Where the public health administrator is not a physician licensed by the Board of Medical Examiners for the State of Oregon, the administrator will employ or otherwise contract for services with a health officer who shall be a licensed physician and who will perform those specific medical responsibilities requiring the services of a physician and shall be responsible to the public health administrator for the medical and paramedical aspects of the health programs.

(3) The public health administrator shall:

(a) Serve as the executive secretary of the district or county health board, act as the administrator of the district or county health department and supervise the officers and employees appointed under paragraph (b) of this subsection.

(b) Appoint with the approval of the health board, administrators, medical officers, public health nurses, [sanitarians] environmental health specialists and such other employees as are necessary to carry out the duties and responsibilities of the office.

(c) Provide the board at appropriate intervals information concerning the activities of the department and submit an annual budget for the approval of the county governing body except that, in the case of the district public health administrator, the budget shall be submitted to the governing bodies of the participating counties for approval.

(d) Act as the agent of the Department of Human Services in enforcing state public health laws and rules of the Department of Human Services, including such sanitary inspection of hospitals and related institutions as may be requested by the Department of Human Services.

(e) Perform such other duties as may be required by law.

(4) The public health administrator shall serve until removed by the appointing board. The public health administrator shall engage in no occupation which conflicts with official duties and shall devote sufficient time to duties as public health administrator as may be necessary to fulfill the requirements of subsection (3) of this section. However, if the board of health is not created under ORS 431.412, it may, with the approval of the Director of Human Services, require less than full-time service of the public health administrator.

(5) The public health administrator shall receive a salary fixed by the appointing board and shall be reimbursed for actual and necessary expenses incurred in the performance of duties.

SECTION 113. ORS 446.325 is amended to read:

446.325. (1) Public entities, private persons or nonprofit organizations described under ORS 446.265 (3), timber companies and private utilities shall not establish or operate a recreation park without complying with the rules of the Department of Human Services and securing the approval of the Director of Human Services or designee but shall be exempt from the licensing requirement of ORS 446.320. The director or designee may delegate, to a health official having sufficient [sanitarians] environmental health specialists, the authority to approve such recreation parks.

(2) ORS 446.310 to 446.350 do not apply to:

(a) Any structure designed for and occupied as a single family residence in which no more than two sleeping rooms are provided on a daily or weekly basis for the use of no more than a total of six travelers or transients at any one time for a charge or fee paid or to be paid for the rental or use of the facilities;

(b) Any temporary camping sites used solely and incidentally in the course of backpacking, hiking, horseback packing, canoeing, rafting or other expedition, unless the expedition is part of an organizational camp program; or

SECTION 114. ORS 459.385 is amended to read:

459.385. The Department of Environmental Quality or county, district or city board of health personnel, authorized [sanitarians] environmental health specialists or other authorized city or county personnel may enter upon the premises of any person regulated under ORS 459.005 to 459.105, 459.205 to 459.385, 466.005 to 466.385 and 466.992 or under regulations adopted pursuant to ORS 450.075, 450.810, 450.820 and 451.570, at reasonable times, to determine compliance with and to enforce ORS 450.075, 450.810, 450.820, 451.570, 459.005 to 459.105, 459.205 to 459.385, 466.005 to 466.385 and 466.992 and any rules or regulations adopted pursuant thereto. The department shall also have access to any pertinent records, including but not limited to blueprints, operation and maintenance records and logs, operating rules and procedures. As used in this section, “pertinent records” does not include financial information unless otherwise authorized by law.

SECTION 115. ORS 624.045 is amended to read:

624.045. The Department of Human Services shall appoint a State Food Service Advisory Committee. The committee shall consist of volunteer representatives from a cross section of the food service industry, the general public, appropriate local and state groups, county [sanitarians] environmental health specialists and other appropriate state agencies, including the State Department of Agriculture. In addition to such other duties as may be prescribed by the Department of Human Services, the committee, not later than January 1 of each year in which a biennial session of the Legislative Assembly convenes, shall:

(1) Submit to the department and the Legislative Assembly recommendations regarding the implementation of ORS 624.020, 624.060, 624.085 and 624.510.

(2) Coordinate with any county food service advisory committee established under ORS 624.550 the implementation of any recommendations or evaluations required under ORS 624.550.

SECTION 116. ORS 657A.400 is amended to read:

657A.400. (1) An authorized representative of the Department of Human Services may inspect the premises of a child care facility caring for seven or more children to determine whether the facility is in conformity with applicable laws and regulations relating to health and sanitation.

(2) An authorized representative of the Department of Human Services shall inspect any child care facility when requested to do so by the Child Care Division in accordance with arrangements under ORS 657A.420 and shall submit written findings to the Child Care Division. The Child Care Division shall not issue or renew any certification for any child care facility for which an inspection by the Department of Human Services has been requested unless an authorized representative of the Department of Human Services submits a written finding that the facility is in compliance with applicable laws and regulations relating to health and sanitation.

(3) [A sanitarian’s] An environmental health specialist’s inspection may be performed by a private consultant so long as the consultant is registered under ORS chapter 700.

SECTION 117. ORS 672.060 is amended to read:

672.060. ORS 672.002 to 672.325 do not apply to:

(1) A registered architect practicing architecture.

[(2) A registered sanitarian or registered sanitarian trainee working under the supervision of a registered sanitarian practicing environmental sanitation, or a registered waste water sanitarian or registered waste water sanitarian trainee working under the supervision of a registered waste water sanitarian practicing waste water sanitation.]

(2) A registered environmental health specialist or registered environmental health specialist trainee working under the supervision of a registered environmental health specialist practicing environmental sanitation, or a registered waste water specialist or registered waste water specialist trainee working under the supervision of a registered waste water specialist practicing waste water sanitation.

(3) A person working as an employee or a subordinate of a registered professional engineer if:

(a) The work of the person does not include final engineering designs or decisions;

(b) The work of the person is done under the supervision and control of and is verified by a registered professional engineer; and

(c) The person does not purport to be an engineer or registered professional engineer by any verbal claim, sign, advertisement, letterhead, card or title.

(4) A person practicing land surveying under the supervision of a registered professional land surveyor or registered professional engineer. The exemption in this subsection does not allow an engineer to supervise a land surveying activity the engineer could not personally perform under ORS 672.025.

(5) An individual, firm, partnership or corporation practicing engineering or land surveying:

(a) On property owned or leased by the individual, firm, partnership or corporation, or on property in which the individual, firm, partnership or corporation has an interest, estate or possessory right; and

(b) That affects exclusively the property or interests of the individual, firm, partnership or corporation, unless the safety or health of the public, including employees and visitors, is involved.

(6) The performance of engineering work by a person, firm or corporation, or by full-time employees thereof, provided:

(a) The work is in connection with or incidental to the operations of the persons, firms or corporations; and

(b) The engineering work is not offered directly to the public.

(7) A person executing engineering work designed by a professional engineer or supervising the construction of engineering work as a foreman or superintendent.

(8) A landowner performing land surveying within the boundaries of the landowner’s land or the landowner’s regular employee performing land surveying services as part of the employee’s official duties within the boundaries of the land of the employer.

(9) An individual, firm, partnership or corporation offering to practice engineering or land surveying if:

(a) The individual, firm, partnership or corporation holds a certificate of registration to engage in the practice of professional engineering or land surveying issued by the proper authority of any other state, a territory or possession of the United States, or a foreign country; and

(b) The offer includes a written statement that the offeror is not registered to practice engineering or land surveying in the State of Oregon, but will comply with ORS 672.002 to 672.325 by having a person holding a valid certificate of registration in this state in responsible charge of the work prior to performing any engineering or land surveying work within this state.

(10) A person making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building is to be used for a single family residential dwelling or farm building or is a structure used in connection with or auxiliary to a single family residential dwelling or farm building, including but not limited to a three-car garage, barn or shed or a shelter used for the housing of domestic animals or livestock. ORS 672.002 to 672.325 do not prevent a person from making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure.

(11) A construction contractor licensed under ORS chapter 701 that offers services constituting the practice of engineering if:

(a) The services are appurtenant to construction services to be provided by the contractor;

(b) The services constituting the practice of engineering are performed by an engineer or engineers registered under ORS 672.002 to 672.325; and

(c) The offer by the construction contractor discloses in writing that the contractor is not an engineer and identifies the registered engineer or engineers that will perform the services constituting the practice of engineering.

SECTION 118. ORS 680.540, 680.567, 680.572, 687.450, 688.817, 688.818, 688.835, 690.185, 690.215, 690.227, 690.228, 690.395, 690.400, 690.420, 690.540, 690.560, 690.995, 690.996, 690.997, 690.999, 694.136, 694.138, 694.159, 700.090, 700.110, 700.115, 700.251 and 700.260 and sections 12 and 13, chapter 736, Oregon Laws 1999, are repealed.

Approved by the Governor July 3, 2003

Filed in the office of Secretary of State July 3, 2003

Effective date January 1, 2004

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