Bill Text: OR HB3409 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to natural hair care; and declaring an emergency.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Passed) 2013-06-04 - Chapter 290, (2013 Laws): Effective date June 4, 2013. [HB3409 Detail]

Download: Oregon-2013-HB3409-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to HB 3409

LC 2597/HB 3409-1

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3409

  By COMMITTEE ON CONSUMER PROTECTION AND GOVERNMENT EFFICIENCY

                            April 17

  On page 1 of the printed bill, delete lines 5 through 28 and
delete page 2.
  On page 3, delete lines 1 through 12 and insert:
  '  { +  SECTION 1. + } ORS 690.005 is amended to read:
  ' 690.005. As used in ORS 690.005 to 690.235:
  ' (1) 'Barbering' means any of the following practices, when
done upon the human body for cosmetic purposes and not for
medical diagnosis or treatment of disease or physical or mental
ailments:
  ' (a) Shampooing, styling, cutting, singeing and conditioning
of the hair of an individual.
  ' (b) Applying hair tonics, dressings and rinses.
  ' (c) Massaging of the scalp, face and neck and applying facial
and scalp treatments with creams, lotions, oils and other
cosmetic preparations, either by hand or mechanical appliances,
but such appliances shall not be galvanic or faradic.
  ' (d) Shaving, trimming or cutting of the beard or mustache.
  ' (2) 'Board' means the Board of Cosmetology, created within
the Oregon Health Licensing Agency.
  ' (3) 'Certificate' means a written authorization for the
holder to perform in one or more fields of practice.
  ' (4) 'Cosmetology' means the art or science of beautifying and
improving the skin, nails and hair and the study of cosmetics and
their application.
  ' (5) 'Demonstration permit' means a written authorization for
a person to practice, demonstrate and teach one or more fields of
practice on a temporary basis.
  ' (6) 'Esthetics' means any of the following skin care
practices performed on the human body for the purpose of keeping
the skin healthy and attractive and not for medical diagnosis or
treatment of disease or physical or mental ailments:
  ' (a) The use of the hands or mechanical or electrical
apparatuses or appliances for cleansing, stimulating,
manipulating, exfoliating or applying lotions or creams.
  ' (b) Temporary removal of hair.
  ' (c) Makeup artistry.
  ' (d) Facial and body wrapping.
  ' (e) Facial and body waxing.
  ' (7) 'Facility' means an establishment operated on a regular
or irregular basis for the purpose of providing services in one
or more fields of practice.
  ' (8) 'Field of practice' means the following cosmetology
disciplines:
  ' (a) Barbering.
  ' (b) Esthetics.
  ' (c) Hair design.
  ' (d) Nail technology.
  '  { +  (e) Natural hair care. + }

  ' (9) 'Freelance authorization' means a written authorization
that allows a practitioner to practice outside or away from a
licensed facility.
  ' (10) { +   + } ' Hair design' means any of the following
practices, when done upon the human body for cosmetic purposes
and not for medical diagnosis or treatment of disease or physical
or mental ailments:
  ' (a) Shaving, trimming or cutting of the beard or mustache.
  ' (b) Styling, permanent waving, relaxing, cutting, singeing,
bleaching, coloring, shampooing, conditioning, applying hair
products or similar work upon the hair of an individual.
  ' (c) Massaging the scalp and neck when performed in
conjunction with activities in paragraph (a) or (b) of this
subsection.
  ' (11) 'Independent contractor' means a practitioner who
qualifies as an independent contractor under ORS 670.600 and who
is not under the control and direction of a facility license
holder.
  ' (12) 'License' means a written authorization issued under ORS
690.055 to a person to operate a facility for providing services
related to one or more fields of practice to the public.
  ' (13) 'Nail technology' means any of the following manicuring
or pedicuring practices performed for cosmetic purposes and not
for medical diagnosis or treatment of disease or physical or
mental ailments:
  ' (a) Cutting, trimming, polishing, coloring, tinting,
cleansing or otherwise treating the nails of the hands or feet.
  ' (b) Massaging, cleansing, treating or beautifying the hands,
arms below the elbow, feet or legs below the knee.
  ' (c) Applying, sculpturing or removing artificial nails of the
hands or feet.
  '  { +  (14)(a) 'Natural hair care' means:
  ' (A) The braiding, cornrowing, extending, lacing, locking,
sewing, twisting, weaving or wrapping of human hair, natural
fibers, synthetic fibers or hair extensions through the use of
hands or simple devices such as clips, combs, hairpins or needle
and thread;
  ' (B) The use of scissors to trim synthetic fibers, hair
extensions or sewn-in weave extensions as is necessary to perform
the activities described in this paragraph; or
  ' (C) The making of customized wigs from natural hair, natural
fibers, synthetic fibers or hair extensions.
  ' (b) 'Natural hair care' does not include the use of scissors,
except as provided in paragraph (a)(B) of this subsection,
penetrating chemical hair treatments, chemical hair coloring
agents, chemical hair straightening agents, chemical hair joining
agents, permanent wave styles or chemical hair bleaching
agents. + }
  '  { - (14) - }   { + (15) + } 'Practitioner' means a person
certified to perform services included within a field of
practice.
  '  { - (15) - }   { + (16) + } 'Registration' means a written
authorization issued to an independent contractor to hold forth
to the public as a business entity providing services in a field
of practice.
  '  { - (16) - }   { + (17) + } 'School' means an educational
establishment that has a license issued by the Department of
Education and is operated for the purpose of teaching one or more
fields of practice.  { + For purposes of this subsection, 'field
of practice ' does not include natural hair care. + }
  '  { - (17) - }   { + (18) + } 'Temporary facility permit'
means a written authorization issued under ORS 690.055 to provide
services on a temporary basis in one or more fields of
practice.'.
  On page 4, delete lines 20 through 30 and insert:
  '  { +  SECTION 4. + } ORS 690.046 is amended to read:
  ' 690.046.  { + (1) + } To qualify for certification as a
practitioner of hair design, barbering, esthetics   { - or - }
 { + , + } nail technology  { + or natural hair care + }, an
applicant shall:
  '  { - (1) - }   { + (a) If the applicant is applying for
certification to practice hair design, barbering, esthetics or
nail technology, + } 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.
  '  { - (2) - }   { + (b) + } 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) - }   { + (c) + } Pay all appropriate fees.
  '  { - (4) - }   { + (d) + } Meet any additional requirements
the Board of Cosmetology may impose by rule for certification in
a particular field of practice.
  '  { +  (2) A person who is certified to practice hair design
or barbering under this section is authorized to practice natural
hair care. + } ' .
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