72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 781
House Bill 2325
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Health Licensing Office)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies relationship between Health Licensing Office and
boards, councils and programs that it administers. Authorizes
Health Licensing Office to conduct investigations and inspections
related to certain regulated professions. Specifies disciplinary
authority of Health Licensing Office.
A BILL FOR AN ACT
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, 687.450, 687.455, 687.485, 687.490, 687.991, 688.815,
688.817, 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, 690.560, 690.570, 690.992, 694.042, 694.055, 694.065,
694.085, 694.095, 694.125, 694.170, 694.185, 694.991, 700.005,
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,
688.818, 688.835, 690.185, 690.215, 690.227, 690.228, 690.400,
690.420, 690.540, 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 practitioner 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 Specialist Licensing 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;
(c) Renewal of 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;
(c) License;
(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 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;
(C) Appropriate use of diagnostic testing;
(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
(c) Participation in:
(A) 25 assisted deliveries;
(B) 25 deliveries for which the midwife was the primary care
provider;
(C) 100 prenatal care visits;
(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, 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;
(c) Annual renewal for active 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. + }
SECTION 23. ORS 687.450 is amended to read:
687.450. (1) The following acts shall be grounds for which the
Health Licensing Office, in consultation with the State Board of
Direct Entry Midwifery, may refuse to grant a license or may
exercise disciplinary action against a licensed direct entry
midwife:
(a) Procuring, attempting to procure, renewing or attempting to
renew a license to practice direct entry midwifery by bribery or
fraudulent misrepresentation.
(b) Having a license to practice direct entry midwifery
revoked, suspended or denied by the licensing authority of
another state, territory or country.
(c) Being convicted or found guilty, in any jurisdiction that
authorizes direct entry midwives to practice in the jurisdiction,
of a crime that directly relates to the practice of direct entry
midwifery or to the ability to practice direct entry midwifery. A
plea of nolo contendere shall be considered a conviction for
purposes of this subsection.
(d) Making or filing a false report or record that the license
holder knows to be false, intentionally or negligently failing to
file a report or record required by state or federal law, or
willfully impeding or obstructing such filing or inducing another
to do so. Reports or records shall include only reports or
records that are signed in the direct entry midwife's capacity as
a licensed direct entry midwife.
(e) Advertising falsely, misleadingly or deceptively.
(f) Engaging in unprofessional conduct including, but not
limited to, any departure from or the failure to conform to the
standards of practice of direct entry midwifery as established by
the board, in which case actual injury need not be established.
(g) Being unable to practice midwifery with reasonable skill
and safety to patients by reason of illness or use of controlled
substances, alcohol or other materials or as a result of any
mental or physical impairment. At reasonable intervals, a direct
entry midwife described in this paragraph shall be afforded an
opportunity to demonstrate that the direct entry midwife can
resume the competent practice of direct entry midwifery with
reasonable skill and safety.
(h) Willfully or repeatedly violating any provision of ORS
687.405 to 687.495, any rule of the board or { - office - }
{ + agency + } or any lawful order of the board or
{ - office - } { + agency + } previously entered in a
disciplinary proceeding.
(2) When the { - office - } { + agency + }, in consultation
with the board, finds any person has violated any grounds set
forth in subsection (1) of this section, the { - office - }
{ + agency + } may take one or more of the following
disciplinary actions:
(a) Refuse to approve an application for licensure.
(b) Revoke or suspend a license.
(c) Impose a civil penalty not to exceed $1,000 for each count
or separate offense.
(d) Issue a reprimand.
(e) Place the direct entry midwife on probation for a period of
time and subject to conditions as the { - office - }
{ + agency + } may specify including, but not limited to,
requiring the direct entry midwife to:
(A) Submit to treatment;
(B) Undertake further relevant education or training;
(C) Take an examination; or
(D) Work under the supervision of another licensed direct entry
midwife or a physician licensed under ORS chapter 677 or 685.
(3) The { - office - } { + agency + } shall not reinstate
the license of a direct entry midwife or cause a license to be
issued to a person it considers unqualified until such time as
the { - office - } { + agency + } is satisfied that the
person has complied with all the terms and conditions set forth
in subsection (2)(e) of this section and that the person is
capable of safely engaging in the practice of direct entry
midwifery.
(4) The { - office - } { + agency + } shall establish
guidelines for the disposition of disciplinary cases involving
specific types of violations.
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 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.
(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 688.800 to 688.840.
(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.
SECTION 33. ORS 688.817 is amended to read:
688.817. The Health Licensing Office, in consultation with the
Respiratory Therapist Licensing Board, may discipline a person
licensed under ORS 688.800 to 688.840 for any of the following
reasons:
(1) Unprofessional conduct, negligence or incompetence in the
practice of respiratory care.
(2) Fraud or misrepresentation in applying for or procuring a
license to practice in this state.
(3) Use of advertising statements that are untruthful or that
deceive or mislead the public.
(4) Making statements that the licensee knows, or with the
exercise of reasonable care should know, are false or misleading
regarding the skill, efficacy or value of the treatment or remedy
administered by the licensee in treating any disease or other
condition of the human body.
(5) Impersonating another licensee or permitting another person
to use a license issued under ORS 688.830.
(6) Subject to ORS 670.280, conviction of any criminal offense.
A copy of the record of conviction, certified by the clerk of the
court entering the conviction, shall be conclusive evidence of
the conviction.
(7) Disciplinary action by another state of a licensee to
practice respiratory therapy, based upon acts by the licensee
similar to acts described in this section. A certified copy of
the record of the disciplinary action of the other state is
evidence from which the { - office - } { + agency + } may
presume that the licensee was properly disciplined for the
reasons stated.
(8) Practicing respiratory care or related services while under
the influence of alcohol, controlled substances or other
skill-impairing substances that creates a risk of harm to
clients.
(9) Any violation of the provisions of ORS 688.800 to 688.840
or of rules adopted in accordance with ORS 688.830 (1)(b).
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.
(c) Establish continuing education requirements for renewal of
a license.
(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.
(c) Hair design.
(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
(c) Applying, sculpturing and removing of artificial nails of
the hands.
{ - (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 + }.
(c) Be under the direct supervision of a practitioner at all
times the facility is open for business.
(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.
(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. + }
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 - } .
(c) Reexamination { - 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) 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 690.350 to 690.430. - }
{ + (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 690.350 to 690.430.
(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;
(c) Affirms by written signature on a form prescribed by the
agency receipt of:
(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
(C) A disclosure statement to be posted in public view within
the licensed body piercing facility; 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.
(c) Annual renewal of 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 - } .
SECTION 70. ORS 690.560 is amended to read:
690.560. The Health Licensing Office may revoke, suspend or
refuse to issue or renew a license or may place a body piercing
facility on probation upon proof that the operator of the
facility:
(1) Has failed to maintain a business address or telephone
number at which the facility may be reached during business
hours;
(2) Has failed to maintain proper safety, sanitation or
sterilization procedures as established by the { - office - }
{ + agency + };
(3) Has obtained a body piercing facility license through fraud
or deceit; or
(4) Has violated any provision of ORS 690.500 to 690.560 or
rules adopted by the { - office - } { + agency + } pursuant
to ORS 690.500 to 690.560.
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;
(c) The fitting of the hearing instrument failed to meet
current industry standards; or
(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 Audiology 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 - } { + 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.
(c) Speech-language pathologists or audiologists employed by
approved colleges or universities.
(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. + }
SECTION 90. ORS 700.005 is amended to read:
700.005. Recognizing that to regulate our environment for
protection of the public's health is not a natural right of any
person but is a privilege granted by legislative authority, it is
necessary in the interests of the health, safety and welfare of
the people of this state to provide for the granting of that
privilege and the regulation of its use, to the end that the
public is protected from unauthorized or unqualified persons and
from unprofessional conduct by persons { + licensed or + }
registered to practice under this chapter.
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 Licensing + } 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 licensed 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) '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. - }
{ + (7) 'License' means written authorization issued under
ORS 700.053 for the holder to perform duties in the fields of
environmental sanitation or waste water sanitation.
(8) '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. + }
{ - (8) - } { + (9) + } 'Science courses relating to
environmental sanitation' include courses in public or community
health or in sanitary, biological or physical sciences.
{ - (9) - } { + (10) + } { - ' 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.
{ + (11) 'Waste water specialist trainee' means a person who
lacks the combination of training, education and experience
required for a licensed 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. - } { +
' licensed environmental health specialist' or the letters
'LEHS.' + }
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 license + } to any applicant who performs to
the satisfaction of the
{ - board in written and oral - } { + Environmental Health
Licensing 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 - } { + licensed 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 - } { + licensed 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 - } { + licensure as an
environmental health specialist + } when an individual's date of
employment precedes attainment of
{ - registration - } { + licensure + }.
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 Licensing 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 - } { + licensed
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 - } { + licensed 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 - }
{ + licensure 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 Licensing 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 - } { + licensure as a waste water
specialist + } shall submit an application { + to the Health
Licensing Office + } in the manner required by the
{ - Sanitarians Registration - } { + Environmental Health
Licensing + } 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 - }
{ + licensure + } 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 - } { + a
license + } as a waste water { - sanitarian - } { +
specialist + }.
(3) An applicant for { - registration as a waste water
sanitarian - } { + licensure 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 - } { + licensed 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 - } { + licensed 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 - } { + licensure as a waste water specialist + }.
The { - oral - } examination may be on any matter pertaining to
the fitness of the applicant to be { - registered - }
{ + licensed + } 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 - } { + licensure as a waste water 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 - } { + licensed as a waste water specialist + }
under ORS 700.053 shall not perform the duties of a
{ - sanitarian - } { + licensed 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 - }
{ + licensed 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 - }
{ + licensure + } 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 Licensing + } 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 of
the United States may be credited toward the soil science course
requirement under this section. The { + Environmental Health
Licensing + } 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 license issuance.
(e) License renewal.
(f) Reciprocity.
(g) Delinquency payment.
(h) Duplicate or replacement.
(i) Restoration of an expired registration or license.
(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
license without written examination to an applicant who furnishes
documentation and required fees 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 licensed as an environmental health specialist or
waste water specialist by a national association that is
recognized by the Environmental Health Licensing Board or is
licensed by the licensing body of another state. The licensing
requirements of the other state or the national association,
including the written examination, must be substantially
equivalent to licensing 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 { + and licenses + } 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
Licensing + } 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 { + or license + } by giving the applicant written
notice of the renewal date being assigned and by making prorated
adjustments to the renewal fee.
(2) A registration { + or license + } 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 license or 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 { + or license + } 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 license or 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 { + or license + } of any { - sanitarian,
sanitarian trainee, waste water sanitarian trainee or waste water
sanitarian - } { + person + } who fails to renew { + a + }
registration { + or license + } for three successive years but
shall { - grant - } { + issue a + }registration { + or
license + } to such a person upon compliance with all of the
requirements of ORS 700.030 or 700.035.
{ - (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
Licensing + } 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 license or 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, 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
Specialist Licensing + } 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
Licensing 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 licensed under this chapter who have + }
{ - each of whom has had - } at least four years of experience
in environmental sanitation.
(c) One shall be a representative of the food or food and
alcoholic beverage retail industry.
(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 Licensing + } 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
Licensing + } Account.
SECTION 109. ORS 700.230 is amended to read:
700.230. (1) The { - Sanitarians Registration - }
{ + Environmental Health Licensing + } 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
Licensing + } 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 { + licensees and + } registrants.
These records shall at reasonable times be open to the public.
(4) When the { - office - } { + agency + } is satisfied
that an applicant for registration { + or licensure + } under
this chapter has complied with all of the requirements thereof,
it shall have issued to such applicant an appropriate certificate
evidencing registration { + or licensure + } { - 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
(c) A yurt, as defined in ORS 446.265, that is used as a living
unit in transitional housing accommodations.
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 - }
{ + licensed + } 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 licensed environmental health specialist or
registered environmental health specialist trainee working under
the supervision of a licensed environmental health specialist
practicing environmental sanitation, or a licensed waste water
specialist or registered waste water specialist trainee working
under the supervision of a licensed 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, 688.818,
688.835, 690.185, 690.215, 690.227, 690.228, 690.400, 690.420,
690.540, 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. + }
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