75th OREGON LEGISLATIVE ASSEMBLY--2009 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 515
House Bill 2110
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Superintendent of Public
Instruction Susan Castillo for Department of Education)
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.
Transfers from Department of Education to Board of Cosmetology
authority to establish education standards for applicants for
certification as practitioner of hair design, barbering,
esthetics or nail technology.
Transfers from Department of Education to Oregon Health
Licensing Agency authority to inspect facilities and schools for
hair design, barbering, esthetics or nail technology for
compliance with health, safety and infection control
requirements.
A BILL FOR AN ACT
Relating to cosmetology; creating new provisions; amending ORS
345.010, 690.035, 690.046, 690.047, 690.165, 690.205, 690.225
and 690.235; and repealing ORS 345.400, 345.430 and 345.450.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The duties, functions and powers of the
Department of Education relating to the education standards for
the certification of practitioners of hair design, barbering,
esthetics or nail technology are imposed upon, transferred to and
vested in the Board of Cosmetology, created within the Oregon
Health Licensing Agency.
(2) The duties, functions and powers of the Department of
Education relating to the health, safety and infection control
inspections of facilities and schools licensed to teach
practitioner skills in hair design, barbering, esthetics or nail
technology are imposed upon, transferred to and vested in the
Oregon Health Licensing Agency. + }
SECTION 2. { + (1) The Superintendent of Public Instruction
shall deliver to the Director of the Oregon Health Licensing
Agency all records within the jurisdiction of the superintendent
that relate to the duties, functions and powers transferred by
section 1 of this 2009 Act. Records relating to the education
standards for the certification of practitioners shall be
maintained by the agency for the benefit of the Board of
Cosmetology.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records delivered under subsection (1) of
this section.
(3) The Governor shall resolve any dispute between the
Department of Education and the Oregon Health Licensing Agency
relating to transfers of records under this section, and the
Governor's decision is final. + }
SECTION 3. { + (1) The unexpended balances of amounts
authorized to be expended by the Department of Education for the
biennium beginning July 1, 2009, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 1 (1) of this
2009 Act related to education standards are transferred to and
are available for expenditure by the Oregon Health Licensing
Agency for the benefit of the Board of Cosmetology for the
remainder of the biennium beginning July 1, 2009, for the purpose
of administering and enforcing the duties, functions and powers
transferred by section 1 (1) of this 2009 Act.
(2) The unexpended balances of amounts authorized to be
expended by the Department of Education for the biennium
beginning July 1, 2009, from revenues dedicated, continuously
appropriated, appropriated or otherwise made available for the
purpose of administering and enforcing the duties, functions and
powers transferred by section 1 (2) of this 2009 Act related to
inspections of facilities and schools are transferred to and are
available for expenditure by the Oregon Health Licensing Agency
for the remainder of the biennium beginning July 1, 2009, for the
purpose of administering and enforcing the duties, functions and
powers transferred by section 1 (2) of this 2009 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Department of
Education remain applicable to expenditures by the Oregon Health
Licensing Agency. + }
SECTION 4. { + (1) The transfer of duties, functions and
powers to the Board of Cosmetology, in the Oregon Health
Licensing Agency, by section 1 (1) of this 2009 Act related to
education standards does not affect any action, proceeding or
prosecution involving or with respect to such duties, functions
and powers begun before and pending at the time of the transfer,
except that the Oregon Health Licensing Agency is substituted for
the Department of Education in the action, proceeding or
prosecution.
(2) The transfer of duties, functions and powers to the Oregon
Health Licensing Agency by section 1 (2) of this 2009 Act related
to inspections of facilities and schools does not affect any
action, proceeding or prosecution involving or with respect to
such duties, functions and powers begun before and pending at the
time of the transfer, except that the Oregon Health Licensing
Agency is substituted for the Department of Education in the
action, proceeding or prosecution. + }
SECTION 5. { + (1) Nothing in sections 1 to 7 of this 2009 Act
relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 1 of this 2009 Act. The Oregon Health
Licensing Agency may undertake the collection or enforcement of
any such liability, duty or obligation.
(2) The rights and obligations of the Department of Education
legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 1 of this 2009 Act accruing under or with respect
to the duties, functions and powers transferred by section 1 of
this 2009 Act are transferred to the Oregon Health Licensing
Agency. For the purpose of succession to these rights and
obligations, the Oregon Health Licensing Agency is a continuation
of the Department of Education and not a new authority. + }
SECTION 6. { + (1) Notwithstanding the transfer of duties,
functions and powers by section 1 (1) of this 2009 Act, the rules
of the Department of Education with respect to such duties,
functions or powers that are in effect on the operative date of
section 1 of this 2009 Act and that relate to education standards
continue in effect until superseded or repealed by rules of the
Board of Cosmetology, in the Oregon Health Licensing Agency.
References in such rules of the Department of Education to the
Department of Education or an officer or employee of the
Department of Education are considered to be references to the
Board of Cosmetology or an officer or employee of the Board of
Cosmetology.
(2) Notwithstanding the transfer of duties, functions and
powers by section 1 (2) of this 2009 Act, the rules of the
Department of Education with respect to such duties, functions or
powers that are in effect on the operative date of section 1 of
this 2009 Act and that relate to the inspection of facilities and
schools continue in effect until superseded or repealed by rules
of the Oregon Health Licensing Agency. References in such rules
of the Department of Education to the Department of Education or
an officer or employee of the Department of Education are
considered to be references to the Oregon Health Licensing Agency
or an officer or employee of the Oregon Health Licensing
Agency. + }
SECTION 7. { + (1) Whenever, in any uncodified law or
resolution of the Legislative Assembly or in any rule, document,
record or proceeding authorized by the Legislative Assembly, in
the context of the duties, functions and powers transferred by
section 1 (1) of this 2009 Act related to education standards,
reference is made to the Department of Education, or an officer
or employee of the Department of Education, whose duties,
functions or powers are transferred by section 1 (1) of this 2009
Act, the reference is considered to be a reference to the Board
of Cosmetology, in the Oregon Health Licensing Agency, or an
officer or employee of the Board of Cosmetology who by section 1
(1) of this 2009 Act is charged with carrying out such duties,
functions and powers.
(2) Whenever, in any uncodified law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 1 (2)
of this 2009 Act related to the inspection of facilities and
schools, reference is made to the Department of Education, or an
officer or employee of the Department of Education, whose duties,
functions or powers are transferred by section 1 (2) of this 2009
Act, the reference is considered to be a reference to the Oregon
Health Licensing Agency, or an officer or employee of the Oregon
Health Licensing Agency who by section 1 (2) of this 2009 Act is
charged with carrying out such duties, functions and powers. + }
SECTION 8. { + ORS 345.440 is added to and made a part of ORS
690.005 to 690.235. + }
SECTION 9. ORS 690.035 is amended to read:
690.035. { + (1) + } A person desiring to obtain a certificate
or demonstration permit { - shall - } { + for hair design,
barbering, esthetics or nail technology must + } apply in writing
to the Oregon Health Licensing Agency on a form approved by the
agency. Each application { - shall - } { + must + } contain
an affirmation by the applicant that the information contained
{ - therein - } { + in the application + } is accurate. The
application must also include evidence establishing to the
satisfaction of the agency that the applicant possesses the
necessary qualifications.
{ + (2) If the person desiring to obtain a certificate is
from another state or country, the Board of Cosmetology shall
determine if the person is qualified to take the test of the
board. A determination shall be made by an evaluation of academic
transcripts, apprenticeship records and work experience
documentation. If transcripts, records or documentation are not
available, the board may refer the person to a career school for
evaluation and recommendation. + }
SECTION 10. ORS 690.046 is amended to read:
690.046. To qualify for certification as a practitioner of hair
design, barbering, esthetics or nail technology, an applicant
{ - shall - } { + must + }:
(1) Successfully complete { - all courses required by rule of
the State Board of Education for graduation from a school
teaching one or more fields of practice. - } { + all of the
following:
(a) A minimum hourly training requirement based on the field of
practice as follows:
(A) Hair design, 1,450 hours;
(B) Barbering, 1,100 hours;
(C) Esthetics, 250 hours; or
(D) Nail technology, 350 hours.
(b) A minimum hourly training requirement in:
(A) Safety and sanitation, 150 hours; and
(B) Career development, 100 hours.
(c) A student competency-based training requirement for hair
design, barbering, esthetics or nail technology, if the school
has developed written requirements for graduation that are
approved by the Board of Cosmetology.
(2) Graduate from a school licensed as a career school under
ORS 345.010 to 345.450. + }
{ - (2) - } { + (3) + } Successfully pass the certification
examination approved, administered or recognized by the board
{ - of Cosmetology - } for the field of practice in which
certification is sought.
{ - (3) - } { + (4) + } Pay all appropriate fees.
{ - (4) - } { + (5) + } Meet any additional requirements
the board { - of Cosmetology - } may impose by rule for
certification in a particular field of practice.
SECTION 11. ORS 690.047 is amended to read:
690.047. The Board of Cosmetology may choose to waive all or
part of the educational requirement for an applicant in a field
of practice and allow the applicant to take the certification
examination, provided that the applicant is otherwise qualified
to take the examination and:
(1) The { - Superintendent of Public Instruction - }
{ + board + } determines that the applicant's education or
training is substantially equivalent to the education or training
{ - of graduates of schools subject to the rules of the State
Board of Education - } { + required under ORS 690.046 + }; or
(2) The applicant is certified in another state.
SECTION 12. { + The amendments to ORS 690.035, 690.046 and
690.047 by sections 9 to 11 of this 2009 Act first apply to
applicants who apply for certification as a practitioner of hair
design, barbering, esthetics or nail technology on or after the
operative date of the amendments to ORS 690.035, 690.046 and
690.047 by sections 9 to 11 of this 2009 Act. + }
SECTION 13. ORS 690.225 is amended to read:
690.225. (1) In addition to any other duties prescribed by law,
the Oregon Health Licensing Agency shall provide for the
inspection of facilities and schools licensed { + under ORS
345.010 to 345.450 + } to teach practitioner skills { - under
ORS 345.010 to 345.450 - } . { + The agency shall conduct
inspections as provided under this section within 90 days of a
facility or a school submitting an application for a license or
the renewal of a license. + }
(2) Inspections conducted under this section shall determine
whether { + :
(a) + } The facilities comply with the health, safety
{ - , - } { + and + } infection control { - and
licensing - } rules of the Board of Cosmetology { + ;
(b) + } { - and whether - } The schools comply with the
health, safety and infection control requirements { - under ORS
345.010 to 345.450 and - } { + adopted by the + } rules of the
agency { - . - } { + ; and
(c) The facilities comply with the licensing requirements of
ORS 345.010 to 345.450 and rules adopted by the Department of
Education under ORS 345.010 to 345.450.
(3) + } A report of the results of the inspection
{ - shall - } { + must + } be submitted to the Department of
Education { + prior to the department granting a license or
renewing a license under ORS 345.010 to 345.450 + }.
SECTION 14. ORS 690.235 is amended to read:
690.235. (1) The Oregon Health Licensing Agency, in
consultation with the Board of Cosmetology, shall establish by
rule and collect fees related to the practice of cosmetology.
Fees may be assessed for the following:
(a) Application for a certificate, license or permit.
(b) Issuance of an original two-year practitioner certificate.
(c) Renewal of a two-year practitioner certificate.
(d) Each initial examination section in an individual field of
practice and reexamination of failed sections.
(e) Issuance of a demonstration permit.
(f) Issuance of a { - facility - } license { + to operate a
facility + }.
(g) Renewal of a { - facility - } license { + to operate a
facility + }.
(h) Issuance of a temporary facility permit.
(i) Issuance of an independent contractor registration.
(j) Renewal of an independent contractor registration.
(k) Issuance of a duplicate or replacement certificate, license
or permit.
(L) Late renewal fee.
(m) Reciprocity fee.
(n) Issuance of a certificate of identification.
{ + (o) Inspection fee for facilities and schools that teach
hair design, barbering, esthetics or nail technology. + }
(2) All moneys received by the agency under this section shall
be paid into the General Fund of the State Treasury and credited
to the Oregon Health Licensing Agency Account, and are
appropriated continuously to and shall be used by the agency only
for the administration and enforcement of ORS 690.005 to 690.235.
(3) The fees established by the agency 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 budget of the agency, as that
budget may be modified by the Emergency Board.
(4) In addition to the fees established under subsection (1) of
this section, the agency may assess fees for providing copies of
official documents or records and for recovering administrative
costs associated with compiling, photocopying or preparing and
delivering the records.
SECTION 15. { + The amendments to ORS 690.225 and 690.235 by
sections 13 and 14 of this 2009 Act first apply to inspections
conducted on or after the operative date of the amendments to ORS
690.225 to 690.235 by sections 13 and 14 of this 2009 Act. + }
SECTION 16. ORS 345.010 is amended to read:
345.010. As used in ORS 345.010 to 345.450 and 345.992 to
345.997:
(1) 'Agent' means a person employed by or for a career school
for the purpose of procuring students, enrollees or subscribers
by solicitation in any form, made at a place or places other than
the school office or place of business of such school.
{ - (2) 'Barbering' has the meaning given that term in ORS
690.005. - }
{ - (3) 'Board' means the State Board of Education. - }
{ - (4) - } { + (2) + } 'Career school' or 'school' means
any private proprietary professional, technical, home study,
correspondence, business or other school instruction,
organization or person that offers any instruction or training
for the purpose or purported purpose of instructing, training or
preparing persons for any profession.
{ - (5) 'Esthetics' has the meaning given in ORS 690.005. - }
{ - (6) 'Hair design' has the meaning given in ORS
690.005. - }
{ - (7) - } { + (3) + } 'License' means the authority the
career school has been granted to operate under ORS 345.010 to
345.450.
{ - (8) 'Nail technology' has the meaning given in ORS
690.005. - }
{ - (9) - } { + (4) + } 'Registration' means the approval
by the Superintendent of Public Instruction of a teacher or agent
to instruct in or to represent the school.
{ - (10) 'Superintendent' means Superintendent of Public
Instruction. - }
SECTION 17. 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) Pursuant to ORS 676.607, direct the Oregon Health Licensing
Agency 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, 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) Pursuant to ORS 676.612 and 690.167, direct the agency 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, esthetics or nail
technology.
(9) Consult with the agency about the issuance and renewal of a
single facility license under ORS 676.617 authorizing a facility
to provide cosmetology services.
{ + (10) Adopt rules that set standards for persons teaching
in schools licensed to teach hair design, barbering, esthetics or
nail technology pursuant to ORS 345.010 to 345.450. + }
SECTION 18. ORS 690.205 is amended to read:
690.205. (1) The Board of Cosmetology may adopt rules for the
administration of ORS { - 345.440 and - } 690.005 to 690.235
and for prescribing safety and infection control requirements for
facilities. 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 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) Rules adopted by the board prescribing safety and infection
control requirements for facilities shall be adopted in
accordance with the procedures set forth in ORS chapter 183.
SECTION 19. { + ORS 345.400, 345.430 and 345.450 are
repealed. + }
SECTION 20. { + Sections 1 to 8 of this 2009 Act, the
amendments to ORS 345.010, 690.035, 690.046, 690.047, 690.165,
690.205, 690.225 and 690.235 by sections 9 to 11, 13, 14 and 16
to 18 of this 2009 Act and the repeal of ORS 345.400, 345.430 and
345.450 by section 19 of this 2009 Act become operative on July
1, 2010. + }
SECTION 21. { + The Board of Cosmetology and the Oregon Health
Licensing Agency may take any action before the operative date of
sections 1 to 8 of this 2009 Act, the amendments to ORS 345.010,
690.035, 690.046, 690.047, 690.165, 690.205, 690.225 and 690.235
by sections 9 to 11, 13, 14 and 16 to 18 of this 2009 Act and the
repeal of ORS 345.400, 345.430 and 345.450 by section 19 of this
2009 Act that is necessary to enable the board and agency to
exercise, on and after the operative date described in section 20
of this 2009 Act, all the duties, functions and powers conferred
on the board and agency by sections 1 to 8 of this 2009 Act, the
amendments to ORS 345.010, 690.035, 690.046, 690.047, 690.165,
690.205, 690.225 and 690.235 by sections 9 to 11, 13, 14 and 16
to 18 of this 2009 Act and the repeal of ORS 345.400, 345.430 and
345.450 by section 19 of this 2009 Act. + }
----------