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OREGON HEALTH AUTHORITY

HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY

 

DIVISION 35
CERTIFICATION/LICENSING

817-035-0010
Issuance and Renewal of Certificates,
Licenses, Registrations, or Freelance Licenses
(1) An individual holding an authorization
as defined in OAR 331-010-0000 is subject to the provisions of OAR chapter 331,
division 30 regarding the issuance and renewal of an authorization and provisions
regarding authorization to practice, identification, and requirements for issuance
of a duplicate authorization.
(2) An individual holding
an authorization as defined in OAR 331-010-0000 is subject to the provisions of
ORS 690.046, 690.055, 690.057, 690.105 and 690.123 for issuance and renewal of an
authorization.
(3) AUTHORIZATION RENEWAL:
Authorization renewal, with the exception of independent contractor registration
or freelance license, must be made prior to the authorization entering inactive
status. The authorization holder must submit the following for renewal:
(a) Renewal application form;
(b) Payment of required renewal
fee pursuant to OAR 817-040-0003;
(4) INACTIVE AUTHORIZATION
RENEWAL: An authorization, with the exception of independent contractor registration
or freelance license may be inactive for up to three years. The authorization holder
must submit the following for renewal:
(a) Renewal application form;
and
(b) Payment of delinquency
and authorization fees pursuant to OAR 817-040-0003.
(5) EXPIRED AUTHORIZATION:
An authorization, with the exception of independent contractor registration or freelance
license, that has been inactive for more than three years, is expired and the authorization
holder must meet the requirements listed in OAR 817-020-0006 for facility license
holders and 817-035-0010 for practitioners.
(6) LICENSE RENEWAL —
FACILITY LICENSE ISSUED PRIOR TO JANUARY 1, 2013. Facilities licensed prior to January
1, 2013 must renew on a form prescribed by the agency. Upon renewal the facility
license holder must be a natural person.
(7) Independent contractor
registrations and freelance licenses that are not renewed become dormant; they do
not become inactive and do not expire.
(8) To reactivate a dormant
independent contractor registration or freelance license, the authorization holder
must complete required qualifications, submit a form prescribed by the agency, and
pay the required renewal fee.
(9) For freelance authorization
renewal or reactivation, the freelance license holder must submit:
(a) Proof of having passed
the board approved Oregon Laws and Rules examination within two years to renew;
or
(b) Proof of having passed
the board approved Oregon Laws and Rules examination within two years before the
date of reactivation.
(10) Independent contractor
registrations and freelance licenses that are in dormant status are not valid for
practice.
(11) For the purpose of this
rule, reactivation means to renew a independent contractor or freelance license
registration which has been placed in dormant status.
Stat. Auth.: ORS 676.605, 676.615, 690.085
& 690.165
Stats. Implemented: ORS 676.605,
676.615, 690.085 & 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 2-1994(Temp), f. 2-15-94, cert. ef. 3-1-94
thru 8-28-94; Renumbered from 817-040-0008, BH 3-1994, f. 6-23-94, cert. ef. 7-1-94;
BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-040-0015, 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 1-2005,
f. 6-17-05, cert. ef. 7-1-05; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2008,
f. 9-15-08 cert. ef. 10-1-08; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011,
f. & cert. ef. 5-5-11; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014,
f. 2-27-14, cert. ef. 3-1-14
817-035-0048
Freelance Authorization
(1) Pursuant to ORS 690.123, a practitioner
who provides services outside of a licensed facility must hold a freelance license.
(2) A freelance license is
valid for one year and becomes dormant on the last day of the month one year from
the date of issuance or renewal, unless renewed.
(3) A freelance license holder
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
817-035-0050
Application
Requirements for Freelance Authorization
To obtain a freelance authorization
a practitioner must meet the requirements of OAR 331 division 30 and submit the
following:
(1) 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;
(2) A passing score on the
Oregon Laws and Rules examination within two years before the date of application;
and
(3) A current copy of the
Assumed Business Name (ABN) filing if applicant is operating under an assumed business
name prior to applying for a freelance authorization. An ABN is not required if
business includes the real and true name of the owner. Refer to Secretary of State,
Corporations Division under ORS 648.005.
Stat. Auth.: ORS 676.615, 690.048, 690.123
& 690.165
Stats. Implemented: ORS 676.615,
690.048, 690.123 & 690.165
Hist.: BH 4-1984, f. &
cert. 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, f. &
cert. ef. 7-1-94; Renumbered from 817-020-0040; BH 1-1996, f. 5-31-96, cert. ef.
7-1-96; 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 2-2008, f. 9-15-08 cert. ef. 10-1-08; BOC 1-2009, f. & cert.
ef. 6-1-09; BOC 3-2010(Temp), f. 11-10-10, cert. ef. 11-15-10 thru 5-10-11; BOC
1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-10-11; BOC 2-2011, f. & cert.
ef. 5-5-11; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert.
ef. 3-1-14
817-035-0052
Freelance
Authorization Standards
(1) A holder of freelance authorization
must:
(a) Provide each client with
the agency’s name, address and telephone number;
(b) Display the practitioner's
certificate number and freelance authorization number on all advertising when soliciting
business;
(c) Be subject to random
audit to verify compliance with safety, infection control and licensing requirements
pursuant to ORS 690.123; and
(d) Allow the agency’s
representative to conduct an investigation pursuant to ORS 676.608. Obstructing
or hindering the normal progress of an investigation, threatening or exerting physical
harm, or enabling another individual to impede an investigation may result in disciplinary
action pursuant to 676.612 or 676.992 and 331-020-0070.
(2) Practitioners providing
services outside the premises of a licensed facility, on persons confined to their
residence through medical disability or restriction are not required to obtain a
freelance authorization.
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
817-035-0068
Independent
Contractor
(1) Pursuant to ORS 690.057, a practitioner
who provides services within a licensed facility who is not an employee must hold
an independent contractor registration.
(2) An independent contractor
must meet the criteria for independent contractor status in accordance with ORS
690.035, 690.057, 670.600, and 657.040;
(3) An independent contractor
registration is valid for one year and becomes dormant on the last day of the month
one year from the date of issuance or renewal.
(4) An independent contractor
must comply with all applicable rules and regulations of the Board and other state
agencies and adhere to all applicable requirements listed under OAR Chapter 817,
division 10, 15, 35, and 60.
(5) An independent contractor
registration will be evidence of the practitioner's qualification to work independent
of a facility license holder. The registration is transferable between work locations,
provided the agency is given notification as stated in OAR 331-010-0040(3).
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
817-035-0070
Application
Requirements for Independent Contractor Registration
To obtain an independent contractor
registration a practitioner must meet the requirements of OAR 331 division 30 and
submit the following:
(1) 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;
(2) Proof of being at least
18 years of age. Documentation may include identification listed under OAR 331-030-0000;
(3) Proof of holding a current,
valid practitioner certificate which is active with no current or pending disciplinary
action;
(4) A current copy of the
Assumed Business Name (ABN) filing if applicant is operating under an assumed business
name prior to applying for an independent contractor registration if the business
operates under the real and true name of the owner an ABN filing is not necessary.
Refer to Secretary of State, Corporations Division under ORS 648.005.
Stat. Auth.: ORS 676.615, 690.055, 690.057
& 690.165
Stats. Implemented: ORS 676.615,
690.055, 690.057 & 690.165
Hist.: BH 3-1994, f. 6-23-94,
cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; 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 1-2009, f. &
cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 2-2012, f. 8-31-12,
cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-035-0090
Independent
Contractor Standards
(1) An independent contractor must allow
the agency’s representative to inspect or conduct an investigation pursuant
to ORS 676.608 or 690.225. Obstructing or hindering the normal progress of an investigation
or the inspection, threatening or exerting physical harm, or enabling another individual
or employee to impede an investigation or inspection may result in disciplinary
action pursuant to 676.612 or 676.992 and OAR 331-020-0070.
(2) The cleanliness and sanitary
condition of any shared or common area used by, or provided for, separately licensed
facilities or independent contractors located at one premises is the responsibility
of each license or registration holder at that premises.
(3) Each authorization holder
located at one facility may be cited for violations of rules or regulations found
in a shared or common area of a facility, unless a contractual agreement exists
that indicates specific responsibility for the cleanliness of a shared or common
area within the facility.
Stat. Auth.: ORS 676.615, 690.055, 690.057,
690.085, 690.095, 690.165, 690.225
Stats. Implemented: ORS 676.615,
690.055, 690.057, 690.085, 690.095, 690.165 & 690.225
Hist.: BH 3-1994, f. 6-23-94,
cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; 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 1-2009, f. &
cert. ef. 6-1-09; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14,
cert. ef. 3-1-14
817-035-0093
Demonstration Permit
(1) Pursuant to ORS 690.105, a person
not certified under ORS 690.048 who wishes to practice, demonstrate, and teach a
field of practice, or perform a field of practice, temporarily and primarily for
educational purposes may obtain a demonstration permit.
(2) A demonstration permit
is active for 30 days and is not renewable, the holder of the demonstration permit:
(a) May provide services
in a field of practice defined under ORS 690.005.
(b) Must meet and adhere
to all applicable requirements listed under OAR Chapter 817, division 10, 15, 35,
and 60.
(c) May perform services
at locations such as training seminars; shows; licensed facilities or other locations
approved by the Board.
Stat. Auth.: 2013 OL Ch. 314, 290, 188,
ORS 676.580, 676.586, 676.607, 676.615, 690.005, 690.055, 690.105 & 690.123
Stats. Implemented: 2013
OL Ch. 314, 290, 188, ORS 676.580, 676.586, 690.005, 690.025, 690.046, 690.055,
690.105, 690.123 & 690.165
Hist.: BOC 1-2014, f. 2-27-14,
cert. ef. 3-1-14
817-035-0095
Application Requirements for Demonstration
Permit
(1) To obtain a demonstration permit
an individual must meet the requirements of OAR 331 division 30 and submit the following:
(a) 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;
(b) An affidavit of licensure
pursuant to OAR 331-030-0040 from another state, which is active with no current
or pending disciplinary action; and
(c) A description of the
purpose for which the permit is sought.
(2) If an individual does
not qualify for a demonstration permit under subsection 1 of this rule the Board
may determine, on a case-by-case basis, if the individual is otherwise qualified
to obtain a demonstration permit pursuant to ORS 690.105.
Stat. Auth.: 2013 OL Ch. 314, 290, 188,
ORS 676.580, 676.586, 676.607, 676.615, 690.005, 690.055, 690.105 & 690.123
Stats. Implemented: 2013
OL Ch. 314, 290, 188, ORS 676.580, 676.586, 690.005, 690.025, 690.046, 690.055,
690.105, 690.123 & 690.165
Hist.: BOC 1-2014, f. 2-27-14,
cert. ef. 3-1-14
817-035-0110
Posting Requirements
(1) Freelance authorization, certificate,
license, permit and registration holders are subject to the requirements of OAR
331-030-0020.
(2) Facility licenses must
be posted in public view.
(3) Independent contractor
registrations must be posted in public view.
(4) Practitioner certificates
must be posted in public view.
(5) Demonstration and temporary
authorizations must be posted in public view.
(6) A freelance authorization
holder must show the authorization to practice upon request of the client.
(7) A facility license holder
and independent contractor registration holder must post the most recent inspection
certificate in public view in the facility or at the independent contractor’s
workstation.
Stat. Auth.: ORS 676.615, 690.095 &
690.165
Stats. Implemented: ORS 676.615,
690.095 & 690.165
Hist.: BH 2-1978, f. &
ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; Renumbered from 817-010-0120; BH
1-1988, f. & cert. ef. 7-1-88; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; Renumbered
from 817-020-0013; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BBH 1-1998, f. 6-24-98,
cert. ef. 6-30-98; 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 1-2006, f. & cert. ef. 3-15-06; BOC 1-2009, f. & cert.
ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 1-2014, f. 2-27-14, cert.
ef. 3-1-14

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