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Division 30


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON HEALTH AUTHORITY

HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY

 

DIVISION 30

PRACTITIONER
CERTIFICATE QUALIFCATIONS
817-030-0003
Practitioner
Certificate in a Field of Practice
(1) A practitioner in a field of practice,
licensed under ORS 690.046, may perform services in a field of practice defined
under ORS 690.005, in which they have been certified to perform by the Agency and
the Board of Cosmetology.
(2) A practitioner certificate
is valid for two years and becomes inactive on the last day of the month two years
from the date of issuance.
(3) A practitioner must meet
and adhere to all applicable requirements listed under OAR Chapter 817, division
10, 15, 35, and 60.
Stat. Auth.: ORS 676.607, 676.612, 676.615,
676.992, 690.057, 690.085, 690.123, 690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.607,
676.612, 676.992, 690.046, 690.055, 690.165, 690.085 & 690.123
Hist.: BOC 2-2012, f. 8-31-12,
cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-030-0005
Practitioner Certificate Application
Requirements for Hair Design, Barbering, Nail Technology and Esthetics
An individual applying for a certification
in a field of practice must:
(1) Meet the requirements
of OAR 331 division 30;
(2) Submit a completed application
form prescribed by the agency, which must contain the information listed in OAR
331-030-0000 and be accompanied by payment of the required application, examination
fees; and
(3) Meet all education, examination
and training requirements in effect at the time of application through one of the
following pathways;
(a) Certification Pathway
1 — Graduation from an educational institution:
(A) Submit an official transcript
from an educational institution showing proof of hours for a field of practice as
required by the Department of Education pursuant to ORS 345.400 and OAR 581-045-0200;
(B) Submit a passing score
of a board-approved practical examination within two years before the date of completion;
(C) Completion and passage
of a board-approved written examination within two years before the date of application
including the Oregon laws and rules examination. An applicant with a current certification
who is seeking to add a field of practice must pass the Oregon laws and rules examination
if the applicant has not passed this examination within two years of applying to
add a field of practice;
(D) An applicant is not required
to provide proof of official transcripts in a field of practice the applicant was
previously certified in Oregon; and
(E) An applicant coming from
a proficiency-based educational institution under ORS 345.400 may be required to
submit additional information to the agency.
(b) Certification Pathway
2 — Reciprocity:
(A) Submit an affidavit of
licensure pursuant to OAR 331-030-0040 from another state, which is active with
no current or pending disciplinary action and is substantially equivalent to Oregon
certification requirements pursuant to ORS 690.047; and
(B) Completion and passage
of a board approved written examination within two years before the date of application
including the Oregon laws and rules examination. An applicant with a current certification
who is seeking to add a field of practice must pass the Oregon laws and rules examination
if the applicant has not passed this examination within two years of applying to
add a field of practice.
(4) Upon passage of all required
examinations and before receipt of certificate, the applicant must pay all certification
fees.
Stat. Auth.: ORS 690.035, 690.046 &
690.165
Stats. Implemented: ORS 690.035,
690.046 & 690.165
Hist.: BH 2-1978, f. &
ef. 11-29-78; BH 1-1981, f. & ef. 10-1-81; BH 4-1984, f. & ef. 12-7-84;
BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH
1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH
1-1996, f-5-31-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BOC
1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02;
BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06;
BOC 3-2008(Temp), f. 11-28-08, cert. ef. 12-1-08 thru 4-30-09; Administrative correction
5-20-09; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 1-2011(Temp), f. & cert.
ef. 3-1-11 thru 8-10-11; BOC 2-2011, f. & cert. ef. 5-5-11;BOC 1-2014, f. 2-27-14,
cert. ef. 3-1-14
817-030-0028
Practitioner Certificate Application
Requirements for Natural Hair Care
An individual applying for a certification
in natural hair care must:
(1) Meet the requirements
of OAR 331 division 30;
(2) Submit a completed application
form prescribed by the agency, which must contain the information listed in OAR
331-030-0000 and be accompanied by payment of the required fees;
(3)Submit proof of having
completed the informational training modules regarding natural hair care available
on the agency Web site; and
(4) Submit proof of having
completed and passed a Board approved written examination within two years before
the date of application.
Stat. Auth.: ORS 690.065 & 690.165
Stats. Implemented: ORS 690.065
& 690.165
Hist.: BOC 1-2013, f. 12-30-13,
cert. ef. 1-1-14
817-030-0030
General Information about the Examination
(1) Practical Examination: The board
recognizes and sanctions the practical examination conducted by an educational institution
defined under OAR 817-005-0005.
(2) Written Examination:
The board-approved written examination consists of one or more fields of practice
and the Oregon laws and rules examination.
(3) The written examination
is administered in English only, unless an agency-approved testing contractor or
vendor provides the written examination in languages other than English.
(4) Written examination applicants
may be electronically monitored during testing.
(5) Each section of the written
examination will be scored individually. The passing score for each section is 75
percent or better.
(6) The Board will establish
a maximum time allowance for each section of the written examination.
(7) An applicant may not
take notes, or bring textbooks or notebooks into the written examination area.
(8) No electronic equipment
or communication devices, such as personal computers, pagers or cellular telephones
or any other devices deemed inappropriate by the agency, are allowed in the written
examination area.
(9) An applicant may be immediately
disqualified during or after the examination for conduct that interferes with the
written examination. The examination may be invalidated and written examination
fees may be forfeited. Such conduct includes, but is not limited to:
(a) Directly or indirectly
giving, receiving, soliciting, or attempting to give, receive or solicit aid during
the written examination process;
(b) Taking items, including,
but not limited to items listed in subsection (7) and (8) of this rule into the
written examination area;
(c) Removing or attempting
to remove any examination-related information, notes or materials from the written
examination site;
(d) Failing to follow directions
relative to the conduct of the written examination; and
(e) Exhibiting behavior that
impedes the normal progress of the written examination.
(10) The applicant may be
required to reapply, submit additional examination fees, and request in writing
to schedule another examination if applicant is disqualified from taking the examination
for reasons under subsection (7), (8) and (9) of this rule.
Stat. Auth.: ORS 676.615, 690.065 &
690.165
Stats. Implemented: ORS 676.615,
690.065 & 690.165
Hist.: BH 2-1978, f. &
ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88;
BH 2-1990, f. & cert. ef. 10-29-90; Renumbered from 817-030-0025; BH 33-1994,
f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BH 1-1997,
f. 7-22-97, cert. ef. 8-1-97; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004,
f. 6-29-04, cert. ef. 7-1-04; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 1-2014,
f. 2-27-14, cert. ef. 3-1-14
817-030-0065
Written Examination Retake Requirements
(1) Failed sections of a written examination
may be retaken as follows:
(a) After first failed attempt
— applicant may not retake for seven calendar days;
(b) After second failed attempt
— applicant may not retake for seven calendar days;
(c) After third failed attempt
— applicant may not retake for 30 calendar days, must submit an official transcript
certifying additional training from an educational institution on a form prescribed
by the agency, and must pay application fee;
(d) After fourth failed attempt
— applicant may not retake for seven calendar days;
(e) After fifth failed attempt
— applicant may not retake for seven calendar days;
(f) After sixth failed attempt
— applicant may not retake for 30 calendar days, must submit an official transcript
certifying additional training from an educational institution on a form prescribed
by the agency, and must pay application fee;
(g) After seventh failed
attempt — ability to retake, requirements for retake, or both will be determined
by the Board on a case-by-case basis.
(2) An applicant retaking
the examination must meet the requirements under OAR 331-030-0000.
(3) For natural hair care
certification the first two failed attempts may be retaken on the same day by the
applicant. After the second failed attempt and after each subsequent failed attempt
the applicant may not retake the examination for seven calendar days.
Stat. Auth.: ORS 690.065 & 690.165
Stats. Implemented: ORS 690.065
& 690.165
Hist.: BH 2-1978, f. &
ef. 11-29-78; BH 1-1983(Temp), f. & ef. 10-4-83; BH 1-1984, f. & ef. 2-13-84;
BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990,
f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994,
f. 6-23-94, cert. ef. 7-1-94; BH 1 1996, f. 5-31-96, cert. ef. 7-1-96; BH 1-1997,
f. 7-22-97, cert. ef. 8-1-97; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004,
f. 6-29-04, cert. ef. 7-1-04; BOC 3-2008(Temp), f. 11-28-08, cert. ef. 12-1-08 thru
4-30-09; Administrative correction 5-20-09; BOC 1-2009, f. & cert. ef. 6-1-09;
BOC 2-2011, f. & cert. ef. 5-5-11; BOC 1-2013, f. 12-30-13, cert. ef. 1-1-14
817-030-0071
Practical Examination Evaluation
The purposes of the practical examination
evaluation are to allow the Board to decide which practical examinations it will
approve as certifying examinations and how the Board will be able to determine whether
or not an individual practical examination is one the board approves.
(1) In accordance with ORS
690.046 all educational institutions may submit to an evaluation of the practical
examination once every two years in at least one field of practice under 690.005
to have the practical examination approved.
(2) A practical examination
being evaluated for approval must be performed in a continuous eight-hour period.
(3) If the practical examination
does not meet evaluation standards set forth by the Department of Education, the
examination must be corrected or will not be approved.
(4) To correct a practical
examination that is not approved, the educational institution must schedule a new
practical examination evaluation and meet the Department of Education evaluation
standards within 30 days from the date of the practical examination evaluation.
(5) If the educational institution
fails the practical examination evaluation, the educational institution must correct
the deficiencies before the practical examination is approved.
(6) When a practical examination
is not approved and not corrected, a subsequent practical examination evaluation
may be granted if written approval is received by the agency from the Department
of Education that the educational institution is in compliance with regulations,
provisions, criteria and protocols set forth by Department of Education.
(7) A student whose educational
institution’s practical examination has not been approved may take the practical
examination at another educational institution.
(8) A student is responsible
for any charges or fees for a practical examination administered by another educational
institution.
Stat. Auth.: ORS 690.065 & 690.165
Stats. Implemented: ORS 690.065
& 690.165
Hist.: BOC 2-2011, f. &
cert. ef. 5-5-11; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-030-0080
Special Examination Accommodations
(1) Applicants who qualify under the
Americans with Disabilities Act (ADA) may request a special examination.
(2) Requests for accommodation
must be made on forms provided by the agency and contain supporting documentation
completed by a licensed professional holding appropriate credentials qualified to
certify that the applicant's disabling condition requires the requested test accommodation.
(3) Requests for accommodation
must be arranged 30 calendar days in advance of the preferred examination date.
(4) All special examinations
are conducted at the agency. If the agency is unable to accommodate the disability
at the office, a suitable alternate location will be chosen.
Stat. Auth.: ORS 690.065 & 690.165
Stats. Implemented: ORS 690.065
& 690.165
Hist.: BH 2-1978, f. &
ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88;
BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94;
BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97;
BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04;
BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

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