Bill Text: OR HB2013 | 2011 | Regular Session | Enrolled
Bill Title: Relating to body art practitioners; declaring an emergency.
Sponsorship: Committee Bill
Status: (Passed) 2011-06-16 - Chapter 346, (2011 Laws): Effective date June 16, 2011. [HB2013 Detail]
Download: Oregon-2011-HB2013-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2013
Sponsored by COMMITTEE ON HEALTH CARE
CHAPTER ................
AN ACT
Relating to body art practitioners; creating new provisions;
amending ORS 676.606, 676.610, 676.612, 676.613, 676.617,
676.622, 676.625, 676.992, 679.500, 690.350, 690.360, 690.365,
690.370, 690.380, 690.385, 690.390, 690.405, 690.407, 690.410,
690.415 and 690.992; repealing ORS 690.355, 690.425, 690.430,
690.500, 690.507, 690.510, 690.515, 690.520, 690.530, 690.550
and 690.570; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
ABOLISH AND TRANSFER + }
SECTION 1. { + (1) The Advisory Council for Electrologists and
Permanent Color Technicians and Tattoo Artists is abolished. On
the operative date of this section, the tenure of office of the
members of the council ceases.
(2) All the duties, functions and powers of the council are
imposed upon, transferred to and vested in the Oregon Health
Licensing Agency. + }
{ +
RECORDS AND PROPERTY + }
SECTION 2. { + (1) The Advisory Council for Electrologists and
Permanent Color Technicians and Tattoo Artists shall deliver to
the Oregon Health Licensing Agency all records and property
within the jurisdiction of the council.
(2) The agency shall take possession of the records and
property. + }
{ +
UNEXPENDED REVENUES + }
SECTION 3. { + The unexpended balances of amounts authorized
to be expended by the Advisory Council for Electrologists and
Permanent Color Technicians and Tattoo Artists and the body
piercing registration and licensing programs established under
ORS 690.510 and 690.520 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 of this 2011 Act are transferred to and are available for
Enrolled House Bill 2013 (HB 2013-A) Page 1
expenditure by the Oregon Health Licensing Agency for the
biennium beginning July 1, 2009, as authorized by ORS
676.625. + }
{ +
ACTION, PROCEEDING, PROSECUTION + }
SECTION 4. { + The transfer of duties, functions and powers to
the Oregon Health Licensing Agency by section 1 of this 2011 Act
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 agency
is substituted for the Advisory Council for Electrologists and
Permanent Color Technicians and Tattoo Artists in the action,
proceeding or prosecution. + }
{ +
LIABILITY, DUTY, OBLIGATION + }
SECTION 5. { + Nothing in sections 1 to 7, 10 and 22 of this
2011 Act, the amendments to ORS 676.606, 676.610, 676.612,
676.613, 676.617, 676.622, 676.625, 676.992, 679.500, 690.350,
690.360, 690.365, 690.370, 690.380, 690.385, 690.390, 690.405,
690.407, 690.410, 690.415 and 690.992 by sections 8, 11 to 21 and
24 to 32 of this 2011 Act or the repeal of ORS 690.355, 690.425,
690.430, 690.500, 690.507, 690.510, 690.515, 690.520, 690.530,
690.550 and 690.570 by section 33 of this 2011 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 2011 Act. The Oregon Health Licensing Agency
may undertake the collection or enforcement of any such
liability, duty or obligation. + }
{ +
RULES + }
SECTION 6. { + (1) Notwithstanding the transfer of duties,
functions and powers by section 1 of this 2011 Act, the rules of
the Advisory Council for Electrologists and Permanent Color
Technicians and Tattoo Artists in effect on the operative date of
section 1 of this 2011 Act continue in effect until superseded or
repealed by rules of the Oregon Health Licensing Agency.
References in rules of the council to the council or an officer
or employee of the council are considered to be references to the
agency or an officer or employee of the agency.
(2) Notwithstanding the repeal of ORS 690.500, 690.507,
690.510, 690.515, 690.520, 690.530, 690.550 and 690.570 by
section 33 of this 2011 Act, the rules of the agency relating to
body piercing in effect on the operative date of the repeal of
ORS 690.500, 690.507, 690.510, 690.515, 690.520, 690.530, 690.550
and 690.570 by section 33 of this 2011 Act continue in effect
until superseded or repealed by rules of the agency. + }
SECTION 7. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, reference is
made to the Advisory Council for Electrologists and Permanent
Color Technicians and Tattoo Artists or an officer or employee of
the council, the reference is considered to be a reference to the
Oregon Health Licensing Agency or an officer or employee of the
agency. + }
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{ +
BODY ART PRACTITIONERS + }
SECTION 8. ORS 690.350 is amended to read:
690.350. As used in ORS 690.350 to 690.430, unless the context
requires otherwise:
{ - (1) 'Council' means the Advisory Council for
Electrologists and Permanent Color Technicians and Tattoo
Artists, created in the Oregon Health Licensing Agency. - }
{ - (2) 'Electrologist' means a person who practices
electrolysis pursuant to the provisions of ORS 690.350 to
690.430. - }
{ - (3) 'Electrology facility' means any room or space or any
part thereof where electrolysis is practiced or where the
business of electrology is conducted. - }
{ + (1) 'Body piercing' means the puncturing of a part of the
body of a live human being to create a permanent hole for
ornamentation or decoration.
(2) 'Dermal implanting' means the insertion of an object under
the skin of a live human being for ornamentation or
decoration. + }
{ - (4) - } { + (3) + } '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) 'Licensed electrologist' means a person licensed
under the provisions of ORS 690.350 to 690.430 to practice
electrolysis. - }
{ - (6) 'Licensed permanent color technician and tattoo
artist' means a person licensed under the provisions of ORS
690.350 to 690.430 to practice tattooing. - }
{ - (7) 'Permanent color technician and tattoo artist' means
a person who practices tattooing pursuant to the provisions of
ORS 690.350 to 690.430. - }
{ - (8) 'Physician' means a person licensed to practice the
healing arts by this state pursuant to ORS chapter 677, 684 or
685. - }
{ - (9) 'Schools of electrolysis' means career schools
licensed by the Department of Education under ORS 345.010 to
345.450 where electrolysis and related subjects are taught. - }
{ - (10) '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) 'Tattoo' means the indelible mark, figure or
decorative design introduced by insertion of nontoxic dyes or
pigments into or under the dermal portion of the skin upon the
body of a live human being. - }
{ + (4) 'Facility' means a fixed or mobile place of business
operated on a regular or irregular basis for the purpose of
providing services in one or more fields of practice.
(5) 'Field of practice' means:
(a) Tattooing;
(b) Body piercing;
(c) Electrolysis;
(d) Dermal implanting; or
(e) Scarification.
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(6) 'License' means a written authorization issued under ORS
690.365 authorizing the holder to:
(a) Perform services in one or more fields of practice; or
(b) Operate a facility.
(7) 'Scarification' means injury of the skin to produce a scar
on a live human being for permanent ornamentation or
decoration. + }
{ - (12) - } { + (8) + } 'Tattooing' means the process by
which { - the skin - } { + a live human being + } is marked
or colored by insertion of nontoxic dyes or pigments { - into
or under the dermal portion of the skin so as - } to form
indelible marks for { - cosmetic, medical or figurative
purposes - } { + ornamentation or decoration + }.
{ - (13) 'Tattoo facility' means any room or space or any
part thereof where tattooing is practiced or where the business
of tattooing is conducted. - }
{ - (14) '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. - }
{ + (9) 'Temporary license' means a written authorization
issued under ORS 690.365 temporarily authorizing the holder to:
(a) Perform services in a field of practice; or
(b) Operate a facility. + }
SECTION 9. { + Section 10 of this 2011 Act is added to and
made a part of ORS 690.350 to 690.430. + }
SECTION 10. { + (1) There is established within the Oregon
Health Licensing Agency the Board of Body Art Practitioners, to
advise the agency with regard to the regulation of fields of
practice. The board consists of seven members appointed by the
Governor.
(2) Members of the board must be residents of this state. Of
the members of the board:
(a) Two members must be licensed under ORS 690.365 to perform
body piercing, dermal implanting or scarification;
(b) One member must be licensed under ORS 690.365 to practice
electrolysis;
(c) Two members must be licensed under ORS 690.365 to perform
tattooing;
(d) One member must be licensed under ORS chapter 677, 678 or
685; and
(e) One member must be a member of the public who does not
possess the professional qualifications of the other members.
(3) The term of office of each member of the board is four
years, but a member serves at the pleasure of the Governor. The
Governor shall fill vacancies by appointment for the unexpired
term. A member shall hold the member's office until the
appointment and qualification of a successor. A member is
eligible for reappointment. If a person serves two consecutive
full terms, a period of at least four years must elapse before
the person is eligible for appointment to serve on the board.
(4) The board shall meet at least once per year.
(5) Members of the board are entitled to compensation and
reimbursement of expenses as provided in ORS 292.495. + }
SECTION 11. ORS 690.360 is amended to read:
690.360. { - No person shall: - }
{ - (1) Sell, barter or offer to sell or barter a
license; - }
Enrolled House Bill 2013 (HB 2013-A) Page 4
{ - (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; - }
{ - (5) Willfully make a false, material statement in an
application for licensure or for renewal of a license; or - }
{ - (6) Operate an electrology facility or tattoo facility
without obtaining an electrology facility license or tattoo
facility license. - }
{ + (1) A person may not:
(a) Perform or attempt to perform services in a field of
practice without a license to perform services in that field of
practice;
(b) Perform or attempt to perform services in a field of
practice outside of a licensed facility;
(c) Display a sign or in any way advertise or purport to offer
services in a field of practice without a license to perform
services in that field of practice;
(d) Operate a facility, display a sign or in any way advertise
or purport to offer services in a field of practice in a facility
without a license to operate a facility or a temporary license to
operate a facility;
(e) Knowingly make a false statement on an application to
obtain or renew a license;
(f) Allow an individual in the employ or under the supervision
or control of the person to perform services in a field of
practice without a license to perform services in that field of
practice;
(g) Sell, barter or offer to sell or barter a document
evidencing a license;
(h) Purchase or procure by barter a document evidencing a
license with intent to use the document as evidence of the
person's qualification to provide services in a field of
practice;
(i) Materially alter with fraudulent intent a license or
temporary license;
(j) Use or attempt to use as valid a fraudulently obtained,
counterfeited or materially altered license or temporary license;
or
(k) Use or attempt to use as valid a fraudulently obtained,
counterfeited or materially altered license or temporary license.
(2) ORS 690.350 to 690.430 do not limit, preclude or otherwise
interfere with the practice of other persons or health care
providers licensed in this state.
(3) Subsection (1)(a), (b) or (d) of this section does not
apply to:
(a) A student while engaged in training at the direction of and
under the direct supervision of the faculty of a school licensed
under ORS 345.010 to 345.450 to teach a field of practice; or
(b) An individual self-administering body piercing. + }
SECTION 12. ORS 690.365 is amended to read:
690.365. (1) { + (a) + } { - An applicant for licensure shall
pay a fee established by the Oregon Health Licensing Agency under
ORS 690.350 to 690.430 and shall show - } { + The Oregon Health
Licensing Agency shall issue a license to perform services in a
field of practice to an applicant who:
Enrolled House Bill 2013 (HB 2013-A) Page 5
(A) Shows + } to the satisfaction of the agency that the
applicant:
{ - (a) Has complied with the provisions of ORS 690.350 to
690.430 and the applicable rules of the agency; - }
{ - (b) - } { + (i) + } Is { - not less than - } { + at
least + } 18 years of age;
{ - (c) - } { + (ii) + } Has a high school diploma or
equivalent education; { + and + }
{ - (d) - } { + (iii) + } Has submitted evidence of
completion of education and training prescribed and approved by
the agency { - under ORS 690.410; and - } { + ; + }
{ - (e) - } { + (B) + } Has passed an examination approved,
administered or recognized by the agency { - . - } { + ; and
(C) Pays fees established by the agency. + }
{ - (2) Subject to the provisions of ORS 676.612, 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 unless
otherwise specified by rule, 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. - }
{ - (3) - } { + (b) + } { - Notwithstanding ORS 690.355
and subsections (1) and (2) of this section, - } The agency may
issue { - demonstration and - } { + a + } temporary
{ - permits - } { + license + } to perform { - tattooing - }
services { + in a field of practice + } as prescribed by agency
rule.
{ + (2)(a) The Oregon Health Licensing Agency shall issue a
license to operate a facility to a person who:
(A) Files an application in the form and manner prescribed by
the agency;
(B) Pays fees established by the agency; and
(C) Complies with other requirements established by the agency
by rule.
(b) The agency shall conduct periodic inspections of facilities
to determine compliance with safety, infection control and
sterilization requirements.
(c) A person holding a license to operate a facility must post
the license in a conspicuous place at all times on the premises
of the facility.
(d) The agency may issue a temporary license to operate a
facility in accordance with rules adopted by the agency. + }
SECTION 13. ORS 690.370 is amended to read:
690.370. { - (1) An applicant for licensure who is notified
by the Oregon Health Licensing Agency that the applicant has
fulfilled the requirements of ORS 690.365 (1)(a) to (d) shall
appear at a time, place and before such persons as the agency may
designate, for an examination. - }
{ - (2) - } The { + Oregon Health Licensing + } Agency
shall offer an examination { + for applicants for licenses to
perform services in each field of practice + } at least twice a
year. { - The - } { + An + } 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 - } { + in accordance with rules adopted by
the agency + }.
SECTION 14. 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 Oregon Health Licensing Agency in
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writing of the regular address of the place or places where the
person performs or intends to perform { - electrolysis or
tattooing - } { + services in a field of practice + } 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. - }
{ - (5) The agency shall issue to each qualified applicant a
license to operate a tattoo facility and to advertise permanent
coloring or tattooing services for which the facility is
licensed. - }
{ - (6) The agency may issue a single facility license to an
applicant pursuant to ORS 676.617. - }
SECTION 15. ORS 690.385 is amended to read:
690.385. (1) Except as provided in { - subsection (2) - }
{ + subsections (2) and (4) + } of this section, a license
issued under ORS 690.365 expires one year from the date of
issuance. { - The licensee is responsible for filing a license
renewal application form. - } { + To renew the license, + } the
licensee must submit to the Oregon Health Licensing Agency { + :
(a) + } A completed renewal application { - , - } { + ;
(b) The + } required renewal fee { + ; + } and
{ + (c) + } Satisfactory evidence of having completed any
required continuing education credits on or before the expiration
date of the license as specified by agency rule.
(2) The agency may vary the date of license renewal by giving
the applicant written notice of the renewal date being assigned
and by making prorated adjustments to the renewal fee.
(3) The agency shall adopt by rule requirements for late
renewal of a license, reactivation of an expired license or
reinstatement of a license that has been expired for more than
three consecutive years.
{ - (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. - }
{ + (4) A temporary license issued under ORS 690.365 expires
as established by the agency by rule. A temporary license may not
be renewed. + }
SECTION 16. ORS 690.390 is amended to read:
690.390. { - Licensed practicing electrologists and permanent
color technicians and tattoo artists shall meet the following
standards and any others the Oregon Health Licensing Agency may
adopt by rule - } { + The Oregon Health Licensing Agency shall
establish standards for practitioners in a field of practice. The
standards must require + }:
(1) { - Electrolysis and tattooing instruments shall - }
{ + That instruments used in a field of practice + } be
sterilized in accordance with methods approved by the rules of
the agency;
(2) { - Practicing electrologists and permanent color
technicians and tattoo artists shall - } { + A practitioner
working in a field of practice to + }be equipped with
Enrolled House Bill 2013 (HB 2013-A) Page 7
appropriate sterilizing equipment, { - with availability of - }
hot and cold running water and a covered waste receptacle; and
(3) { + A practitioner working in a field of practice to
keep + } case history cards { - shall be kept - } for each
client.
SECTION 17. ORS 690.405 is amended to read:
690.405. { - The powers and duties of the Oregon Health
Licensing Agency as related to ORS 690.350 to 690.430 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, reactivate or reinstate 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 chapter 183, to
adopt rules that are necessary to carry out the provisions of ORS
690.350 to 690.430; - }
{ - (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
tattoo facility permit to qualified applicants upon compliance
with ORS 690.350 to 690.430; - }
{ - (12) To issue an electrology facility license or a
temporary electrology facility permit to qualified applicants
upon compliance with ORS 690.350 to 690.430; - }
{ - (13) Notwithstanding ORS 690.355, to issue demonstration
and temporary permits to perform services as prescribed by agency
rule; and - }
{ - (14) To issue a single facility license to an applicant
pursuant to ORS 676.617. - }
{ + (1) The Oregon Health Licensing Agency shall:
(a) Determine the qualifications, training, education and
fitness of applicants for licenses, renewal of licenses and
reciprocal licenses;
(b) Adopt rules as necessary to administer ORS 690.350 to
690.430;
(c) Issue, deny, revoke, suspend and renew licenses;
(d) Maintain a public record of persons holding licenses;
(e) Establish standards of practice and professional
responsibility for persons licensed by the agency to perform
services in a field of practice;
(f) Select licensing examinations;
(g) Establish continuing education requirements for renewal of
a license;
(h) Provide for waivers of examinations as appropriate;
(i) Appoint representatives to conduct or supervise
examinations of applicants for licensure;
Enrolled House Bill 2013 (HB 2013-A) Page 8
(j) Inspect the facilities of persons who perform services in
one or more fields of practice; and
(k) Issue temporary licenses to qualified applicants in
accordance with rules adopted by the agency.
(2) Before the agency adopts rules regulating body piercing of
genitals or dermal implanting, the agency shall consult with the
Oregon Medical Board to ensure that the rules protect public
safety.
(3) The agency may consult with the Oregon Medical Board before
adopting rules relating to other body art practices. + }
SECTION 18. ORS 690.407 is amended to read:
690.407. In the manner prescribed in ORS chapter 183 for
contested cases, the Oregon Health Licensing Agency may impose a
form of discipline listed in ORS 676.612 against any person
{ - practicing electrolysis or permanent coloring or
tattooing - } { + performing services in a field of practice + }
for any of the grounds listed in ORS 676.612, and for any
violation of the provisions of ORS 690.350 to 690.430, or the
rules adopted thereunder.
SECTION 19. ORS 690.410 is amended to read:
690.410. (1) The Oregon Health Licensing Agency, in accordance
with ORS chapter 183 and in consultation with the
{ - Advisory Council for Electrologists and Permanent Color
Technicians and Tattoo Artists - } { + Board of Body Art
Practitioners + }, shall adopt by rule minimum standards of
education and training requirements for { - the practice of
electrolysis, permanent coloring and tattooing - } { + each
field of practice + }.
(2) The agency shall approve { - electrolysis, permanent
coloring and tattooing courses of study - } { + courses in each
field of practice + }. { + To obtain approval of a course, the
provider of a course must submit + } an outline of instruction
{ - shall be filed with - } { + to + } 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 - } { + teaching a field of practice + }
must comply with the { - agency's - } safety and infection
control rules { + adopted by the agency + } 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 20. ORS 690.415 is amended to read:
690.415. (1) The Oregon Health Licensing Agency shall establish
by rule and collect fees and charges for the following related to
{ - electrologists and permanent color technicians and tattoo
artists - } { + fields of practice + }:
(a) Application.
(b) Examination.
(c) Reciprocity.
(d) Original license.
Enrolled House Bill 2013 (HB 2013-A) Page 9
(e) License renewal.
(f) Delinquent renewal { + of license + }.
{ - (g) License reactivation. - }
(h) Replacement or duplicate license.
(i) { - Demonstration and - } Temporary { - permits - }
{ + license + }.
(j) { - Facility license - } { + Verification of
licensure + }.
(k) Providing copies of official documents or records and for
recovering administrative costs associated with compiling,
photocopying or preparing and delivering the records.
{ + (L) Education or training provided by the agency. + }
(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 as
authorized by ORS 676.625.
SECTION 21. 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 ORS 690.507 is a Class A
misdemeanor. - }
SECTION 22. { + A certificate, license or registration issued
under ORS 690.365, 690.380, 690.510 or 690.520 that was in effect
immediately before the operative date of the amendments to ORS
690.365 and 690.380 by sections 12 and 14 of this 2011 Act and
the repeal of ORS 690.510 and 690.520 by section 33 of this 2011
Act remains in effect until the original expiration date of the
certificate, license or registration. + }
SECTION 23. { + Section 22 of this 2011 Act is repealed on
January 1, 2013. + }
SECTION 24. ORS 676.606 is amended to read:
676.606. Pursuant to ORS 676.607, the Oregon Health Licensing
Agency shall provide administrative and regulatory oversight and
centralized service for the following boards, advisory councils
and programs:
(1) Board of Athletic Trainers, as provided in ORS 688.701 to
688.734;
(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 680.565;
(4) State Board of Direct Entry Midwifery, as provided in ORS
687.405 to 687.495;
(5) Respiratory Therapist Licensing Board, as provided in ORS
688.800 to 688.840;
(6) Environmental Health Registration Board, as provided in ORS
chapter 700;
(7) { - Advisory Council for Electrologists and Permanent
Color Technicians and Tattoo Artists - } { + Board of Body Art
Practitioners + }, as provided in ORS 690.350 to 690.430;
(8) Advisory Council on Hearing Aids, as provided in ORS
694.015 to 694.185;
{ - (9) Body piercing technician registration program and
body piercing facility licensing program, as provided in ORS
690.500 to 690.570; - }
{ - (10) - } { + (9) + } Sex Offender Treatment Board, as
provided in ORS 675.360 to 675.410; and
Enrolled House Bill 2013 (HB 2013-A) Page 10
{ - (11) - } { + (10) + } Nursing Home Administrators
Board, as provided in ORS 678.710 to 678.820.
SECTION 25. ORS 676.610 is amended to read:
676.610. (1)(a) The Oregon Health Licensing Agency is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers and for the
organization of the agency.
(b) The Director of the Oregon Department of Administrative
Services shall establish the qualifications for and appoint the
Director of the Oregon Health Licensing Agency, who holds office
at the pleasure of the Director of the Oregon Department of
Administrative Services.
(c) The Director of the Oregon Health Licensing Agency shall
receive a salary as provided by law or, if not so provided, as
prescribed by the Director of the Oregon Department of
Administrative Services.
(d) The Director of the Oregon Health Licensing Agency
{ - shall be - } { + is + } in the unclassified service.
(2) The Director of the Oregon Health Licensing Agency shall
provide the boards, councils and programs administered by the
agency with such services and employees as the agency requires to
carry out the agency's duties. Subject to any applicable
provisions of the State Personnel Relations Law, the Director of
the Oregon Health Licensing Agency shall appoint all subordinate
officers and employees of the agency, prescribe their duties and
fix their compensation.
(3) The Director of the Oregon Health Licensing Agency
{ - shall be - } { + is + } responsible for carrying out the
duties, functions and powers under ORS 675.360 to 675.410,
676.605 to 676.625, 676.992, 678.710 to 678.820, 680.500 to
680.565, 687.405 to 687.495, 687.895, 688.701 to 688.734, 688.800
to 688.840, 690.005 to 690.235, 690.350 to 690.430 { - , 690.500
to 690.570 - } and 694.015 to 694.185 and ORS chapter 700.
(4) The enumeration of duties, functions and powers in
subsection (3) of this section is not intended to be exclusive or
to limit the duties, functions and powers imposed on or vested in
the Oregon Health Licensing Agency by other statutes.
SECTION 26. ORS 676.612 is amended to read:
676.612. (1) In the manner prescribed in ORS chapter 183 for
contested cases and as specified in ORS 675.385, 678.780,
680.535, 687.445, 688.734, 688.836, 690.167, 690.407,
{ - 690.515, - } 694.147 and 700.111, the Oregon Health
Licensing Agency may refuse to issue or renew, may suspend or
revoke or may otherwise condition or limit a certificate,
license, permit or registration to practice issued by the agency
or may discipline or place on probation a holder of a
certificate, license, permit or registration for commission of
the prohibited acts listed in subsection (2) of this section.
(2) A person subject to the authority of a board, council or
program listed in ORS 676.606 commits a prohibited act if the
person engages in:
(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.
Enrolled House Bill 2013 (HB 2013-A) Page 11
(c) Making a representation that the certificate, license,
permit 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, license, permit or
registration holder.
(e) Permitting a person other than the certificate, license,
permit or registration holder to use the certificate, license,
permit or registration.
(f) Practicing with a physical or mental condition that
presents an unreasonable risk of harm to the holder of a
certificate, license, permit or registration or to the person or
property of others in the course of performing the holder'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 duties of a
holder of a certificate, license, permit or registration.
(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 subject to the authority of
the boards, councils and programs listed in ORS 676.606.
(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 subject to the authority of
the boards, councils and programs listed under ORS 676.606.
(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, license, permit
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 subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(n) Violation of any rule regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(o) Failing to cooperate with the agency in any investigation,
inspection or request for information.
(p) Selling or fraudulently obtaining or furnishing any
certificate, license, permit or registration to practice in a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed in ORS 676.606, or
aiding or abetting such an act.
(q) Selling or fraudulently obtaining or furnishing any record
related to practice in a regulated occupation or profession
Enrolled House Bill 2013 (HB 2013-A) Page 12
subject to the authority of the boards, councils and programs
listed in ORS 676.606, or aiding or abetting such an act.
(r) Failing to pay an outstanding civil penalty or fee that is
due or failing to meet the terms of any order issued by the
agency that has become final.
(3) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the agency may require
the fingerprints of a person who is:
(a) Applying for a certificate, license, permit or registration
that is issued by the agency;
(b) Applying for renewal of a certificate, license, permit or
registration that is issued by the agency; or
(c) Under investigation by the agency.
(4) If the agency places a holder of a certificate, license,
permit 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.
(5) If a certificate, license, permit or registration is
suspended, the holder may not practice during the term of
suspension. Upon the expiration of the term of suspension, the
certificate, license, permit 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 27. ORS 676.613 is amended to read:
676.613. (1) In addition to all other remedies, when it appears
to the Oregon Health Licensing Agency 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 ORS 675.360 to
675.410, 676.617, 678.710 to 678.820, 680.500 to 680.565, 687.405
to 687.495, 688.701 to 688.734, 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 28. ORS 676.617 is amended to read:
676.617. (1) As used in this section, 'single facility license'
means a license to provide services in a single location in more
than one of the following { + fields of + } practice
{ - areas - } :
(a) Barbering, esthetics, hair design or nail technology, as
provided in ORS 690.005 to 690.235; { + and + }
{ - (b) Electrolysis, as provided in ORS 690.350 to
690.430; - }
{ - (c) Permanent coloring, as provided in ORS 690.350 to
690.430; - }
{ - (d) Tattooing, as provided in ORS 690.350 to 690.430;
and - }
{ - (e) Body piercing, as provided in ORS 690.500 to
690.550. - }
Enrolled House Bill 2013 (HB 2013-A) Page 13
{ + (b) Electrolysis, tattooing, body piercing, dermal
implanting or scarification as provided in ORS 690.350 to
690.430. + }
(2) The Oregon Health Licensing Agency may issue a single
facility license to an applicant that:
(a) Owns the facility to be licensed;
(b) If a natural person, is at least 18 years of age or, if an
entity other than a natural person, is formed and operated in
accordance with Oregon law;
(c) Has paid all required fees, as determined by the agency;
and
(d) Has filed an application in the form and manner required by
the agency.
(3)(a) A single facility license expires annually, unless
otherwise specified by rule adopted by the agency, on a date
determined by the agency.
(b) A single facility license may be renewed by submitting,
prior to the expiration date of the license, the required renewal
fees and a renewal application in the form and manner prescribed
by the agency.
(c) The agency may impose a delinquency fee or require a new
application for the failure to renew a single facility license
prior to the date on which it expires.
(4) The agency shall establish by rule and collect fees
associated with single facility licenses. Fees shall be
established for:
(a) Application;
(b) Original license;
(c) License renewal;
(d) Delinquent renewal;
(e) Replacement license; and
(f) Compiling, photocopying, preparing and delivering copies of
documents and records.
(5) 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 as
authorized by ORS 676.625.
(6) A single facility license holder shall ensure that the:
(a) Single facility license is displayed in public view where
services are being rendered; and
(b) Facility authorized by the single facility license complies
with all statutes and rules governing facilities in which
services in the practice areas authorized by the license of the
holder are provided.
(7) The agency may suspend, condition, limit, revoke or refuse
to issue or renew a single facility license, or may place on
probation or otherwise discipline a single facility license
holder, for the reasons specified in ORS 676.612, 690.167
{ - , - } { + or + } 690.407 { - or 690.515 - } or for
failure to comply with subsection (6) of this section.
SECTION 29. ORS 676.622 is amended to read:
676.622. (1) A transaction conducted through a state or local
system or network that provides electronic access to the Oregon
Health Licensing Agency information and services is exempt from
any requirement under ORS 675.360 to 675.410, 676.605 to 676.625,
676.992, 680.500 to 680.565, 687.405 to 687.495, 688.701 to
688.734, 688.800 to 688.840, 690.005 to 690.235, 690.350 to
690.430 { - , 690.500 to 690.570 - } and 694.015 to 694.185 and
Enrolled House Bill 2013 (HB 2013-A) Page 14
ORS chapter 700, and rules adopted thereunder, requiring an
original signature or the submission of handwritten materials.
(2) Electronic signatures subject to ORS 84.001 to 84.061 and
facsimile signatures are acceptable and have the same force as
original signatures.
SECTION 30. ORS 676.625 is amended to read:
676.625. (1) The Oregon Health Licensing Agency shall establish
by rule and shall collect fees and charges to carry out the
agency's responsibilities under ORS 676.605 to 676.625 and
676.992 and any responsibility imposed on the agency pertaining
to the boards, councils and programs administered and regulated
by the agency pursuant to ORS 676.606.
(2) The Oregon Health Licensing Agency Account is established
in the General Fund of the State Treasury. The account shall
consist of the moneys credited to the account by the Legislative
Assembly. All moneys in the account are appropriated continuously
to and shall be used by the Oregon Health Licensing Agency for
payment of expenses of the agency in carrying out the duties,
functions and obligations of the agency, and for payment of the
expenses of the boards, councils and programs administered and
regulated by the agency pursuant to ORS 676.606. The agency shall
keep a record of all moneys credited to the account and report
the source from which the moneys are derived and the activity of
each board, council or program that generated the moneys.
(3) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting fees and charges credited to the account, the fees
and charges may not exceed the cost of administering the agency
and the boards, councils and programs within the agency, as
authorized by the Legislative Assembly within the agency's
budget, as the budget may be modified by the Emergency Board.
(4) All moneys credited to the account pursuant to ORS 675.405,
676.617, 680.525, 687.435, 688.728, 688.834, 690.235, 690.415,
{ - 690.550, - } 694.185 and 700.080, and moneys credited to
the account from other agency and program fees established by the
agency by rule, are continuously appropriated to the agency for
carrying out the duties, functions and powers of the agency under
ORS 676.605 to 676.625 and 676.992.
(5) The moneys received from civil penalties assessed under ORS
676.992 shall be deposited and accounted for as are other moneys
received by the agency and shall be for the administration and
enforcement of the statutes governing the boards, councils and
programs administered by the agency.
SECTION 31. ORS 676.992 is amended to read:
676.992. (1) Except as provided in subsection (3) of this
section, and in addition to any other penalty or remedy provided
by law, the Oregon Health Licensing Agency may impose a civil
penalty not to exceed $5,000 for each violation of the following
statutes and any rule adopted thereunder:
(a) ORS 688.701 to 688.734 (athletic training);
{ - (b) ORS 690.500 to 690.570 (body piercing); - }
{ - (c) - } { + (b) + } ORS 690.005 to 690.235
(cosmetology);
{ - (d) - } { + (c) + } ORS 680.500 to 680.565 (denture
technology);
{ - (e) - } { + (d) + } ORS 687.405 to 687.495 (direct
entry midwifery);
{ - (f) - } { + (e) + } ORS 690.350 to 690.430
{ - (electrology and permanent coloring or tattooing); - } { +
Enrolled House Bill 2013 (HB 2013-A) Page 15
(tattooing, electrolysis, body piercing, dermal implanting and
scarification) + }
(g) { + (f) + } ORS 694.015 to 694.185 (dealing in hearing
aids);
{ - (h) - } { + (g) + } ORS 688.800 to 688.840 (respiratory
therapy);
{ - (i) - } { + (h) + } ORS chapter 700 (environmental
sanitation);
{ - (j) - } { + (i) + } ORS 676.617 (single facility
licensure);
{ - (k) - } { + (j) + } ORS 675.360 to 675.410 (sex
offender treatment);
{ - (L) - } { + (k) + } ORS 678.710 to 678.820 (nursing
home administrators); and
{ - (m) - } { + (L) + } ORS 676.612 (prohibited acts).
(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 listed in subsection (1) of this section or any rule
adopted under any statute listed in subsection (1) of this
section.
(3) Subsection (1) of this section does 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 183.745.
(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 Oregon Health Licensing Agency
Account established under ORS 676.625. Such moneys are
continuously appropriated to the agency for the administration
and enforcement of the laws the agency is charged with
administering and enforcing that govern the person against whom
the penalty was imposed. { + + }
SECTION 32. ORS 679.500 is amended to read:
679.500. (1) A dentist licensed to practice dentistry in this
state may administer local anesthesia to a person for the
purposes of receiving permanent lip color from a { - licensed
permanent color technician and tattoo artist - } { + person
licensed to perform tattooing under ORS 690.350 to 690.430 + } or
having permanent hair removal in the lip area from a
{ - licensed electrologist - } { + person licensed to perform
electrolysis under ORS 690.350 to 690.430 + }.
(2) Prior to administering local anesthesia for the purposes
authorized under subsection (1) of this section, the dentist
must:
(a) Receive a written order from a { - licensed permanent
color technician and tattoo artist or a licensed
electrologist - } { + person licensed to perform tattooing or
electrolysis under ORS 690.350 to 690.430 + };
(b) Obtain a current health history from and perform an oral
examination of the person who will receive the anesthesia; and
Enrolled House Bill 2013 (HB 2013-A) Page 16
(c) Establish and maintain a patient record in accordance with
rules adopted by the Oregon Board of Dentistry.
(3) The Oregon Board of Dentistry shall adopt rules authorizing
a dentist licensed to practice dentistry in Oregon to administer
local anesthesia for the purposes of tattooing human lips or
having permanent hair removal in the lip area by a
{ - licensed permanent color technician and tattoo artist or a
licensed electrologist licensed - } { + person licensed to
perform tattooing or electrolysis + } under ORS 690.350 to
690.430.
SECTION 33. { + ORS 690.355, 690.425, 690.430, 690.500,
690.507, 690.510, 690.515, 690.520, 690.530, 690.550 and 690.570
are repealed on January 1, 2012. + }
{ +
APPLICABILITY + }
SECTION 34. { + The amendments to ORS 690.992 by section 21 of
this 2011 Act do not affect any action or proceeding begun before
and pending on the operative date of the amendments to ORS
690.992 by section 21 of this 2011 Act. Any action or proceeding
begun before and pending on the operative date of the amendments
to ORS 690.992 by section 21 of this 2011 Act continues to be
governed by ORS 690.992 as in effect immediately before the
operative date of the amendments to ORS 690.992 by section 21 of
this 2011 Act. + }
{ +
OPERATIVE DATE + }
SECTION 35. { + (1) Sections 1 to 7 and 10 of this 2011 Act
and the amendments to ORS 676.606, 676.610, 676.612, 676.613,
676.617, 676.622, 676.625, 676.992, 679.500, 690.350, 690.360,
690.365, 690.370, 690.380, 690.385, 690.390, 690.405, 690.407,
690.410, 690.415 and 690.992 by sections 8, 11 to 21 and 24 to 32
of this 2011 Act become operative on January 1, 2012.
(2) The Oregon Health Licensing Agency and the Advisory Council
for Electrologists and Permanent Color Technicians and Tattoo
Artists may take any action before the operative date specified
in subsection (1) of this section to enable the agency and the
council to exercise, on and after the operative date specified in
subsection (1) of this section, all of the duties, functions and
powers conferred on the agency and the council by sections 1 to 7
and 10 of this 2011 Act and the amendments to ORS 676.606,
676.610, 676.612, 676.613, 676.617, 676.622, 676.625, 676.992,
679.500, 690.350, 690.360, 690.365, 690.370, 690.380, 690.385,
690.390, 690.405, 690.407, 690.410, 690.415 and 690.992. + }
{ +
UNIT CAPTIONS + }
SECTION 36. { + The unit captions used in this 2011 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2011 Act. + }
{ +
EMERGENCY CLAUSE + }
Enrolled House Bill 2013 (HB 2013-A) Page 17
SECTION 37. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
----------
Passed by House April 19, 2011
Repassed by House June 2, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 31, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2013 (HB 2013-A) Page 18
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2013 (HB 2013-A) Page 19
