77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3409
Sponsored by Representative KENY-GUYER, Senator DINGFELDER,
Representative FREDERICK, Senators MONROE, KNOPP;
Representatives CONGER, DEMBROW, GALLEGOS, GOMBERG, RICHARDSON,
THATCHER, Senators JOHNSON, ROBLAN, SHIELDS, STEINER HAYWARD
CHAPTER ................
AN ACT
Relating to natural hair care; creating new provisions; amending
ORS 690.005, 690.015, 690.025, 690.046, 690.047, 690.165,
690.167 and 690.235; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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.
Enrolled House Bill 3409 (HB 3409-B) Page 1
(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.
Enrolled House Bill 3409 (HB 3409-B) Page 2
{ - (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.
SECTION 2. ORS 690.015 is amended to read:
690.015. (1) This section establishes prohibitions relating to
the practice of hair design, barbering, esthetics { - and - }
{ + , + } nail technology { + and natural hair care + }. The
prohibitions under this section are subject to the exemptions
under ORS 690.025. A person who commits an act prohibited under
this section is subject to the penalties under ORS 690.992 in
addition to any administrative action taken by or any civil
penalty imposed by the Oregon Health Licensing Agency under ORS
676.612.
(2) A person may not:
(a) Perform or attempt to perform services in a field of
practice without a certificate, demonstration permit,
registration or freelance authorization.
(b) Operate a facility without a license or temporary facility
permit.
(c) Perform or attempt to perform services in a field of
practice in a facility that does not have a license or temporary
facility permit.
(d) Practice hair design, barbering, esthetics { - or - }
{ + , + } nail technology { + or natural hair care + } as an
independent contractor without a registration.
(e) Display a sign or in any way advertise or purport to offer
services in a field of practice without first obtaining a permit,
certificate, independent contractor registration or facility
license.
(f) Knowingly make a false statement on an application to
obtain or renew a certificate, registration, license or permit or
to obtain a freelance authorization.
(g) Allow an individual in the employ or under the supervision
or control of the person to perform in a field of practice
without a certificate or permit.
(h) Sell, barter or offer to sell or barter a document
evidencing a certificate, registration, license, permit or
freelance authorization.
(i) Purchase or procure by barter a document evidencing a
certificate with intent to use it as evidence of the person's
qualification as a practitioner.
(j) Materially alter with fraudulent intent a document
evidencing a certificate, registration, license, permit or
freelance authorization.
(k) Use or attempt to use as valid a fraudulently obtained,
counterfeited or materially altered document evidencing a
certificate, registration, license, permit or freelance
authorization.
SECTION 3. ORS 690.025 is amended to read:
690.025. ORS 690.005 to 690.235 do not apply to:
Enrolled House Bill 3409 (HB 3409-B) Page 3
(1) Persons who perform service without compensation in case of
emergency or in domestic administration.
(2) Persons licensed by a health professional regulatory board
listed in ORS 676.160 who are acting within the scope of their
professional license.
(3) Persons identified by the Oregon Health Licensing Agency or
Board of Cosmetology by rule who are acting under the authority
of a hospital or long term care facility licensed under ORS
441.025 or a residential facility licensed under ORS 443.415.
(4) Persons engaged in rendering emergency medical assistance
as defined in ORS 30.800.
(5) Persons licensed by the State Board of Pharmacy, merchants
or other individuals when demonstrating apparatus or supplies for
purposes of sale.
(6) Commissioned medical and surgical officers and personnel of
the United States Armed Services while operating on a military
base and personnel of correctional institutions while operating
on the premises of a correctional facility.
(7) Persons applying temporary makeup, combing hair or applying
hair spray, without compensation specifically for the application
or combing, for the sole purpose of preparing any individual for
a professional photograph or theatrical performance.
(8) 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. { +
For purposes of this subsection, 'field of practice ' does not
include natural hair care. + }
(9) The agency may exempt practitioners providing services at
charitable or fund raising events. In establishing an exemption,
the agency shall consider and evaluate each written request on an
individual basis.
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. + }
SECTION 5. ORS 690.047, as amended by section 24, chapter 43,
Oregon Laws 2012, is amended to read:
690.047. { + (1) For purposes of this section, 'field of
practice' does not include natural hair care. + }
{ - (1) - } { + (2) + } 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:
Enrolled House Bill 3409 (HB 3409-B) Page 4
(a) The applicant's education or training, including relevant
education or training obtained in the military, is determined by
the board to be substantially equivalent to Oregon certification
requirements;
(b) The applicant is otherwise qualified to take the
examination; and
(c) The applicant's certification in another state is in good
standing.
{ - (2) - } { + (3) + } The Oregon Health Licensing Agency
may issue a specialty certificate in a field of practice to a
practitioner who has:
(a) Completed post-graduate education approved by the agency
that is separate from the education or training required for
entry-level certification;
(b) Passed an examination approved or recognized by the board;
(c) Paid the required fees; and
(d) Completed prescribed continuing education credits as
determined by agency rule.
SECTION 6. 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 freelance authorizations 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 { + or natural hair
care + }.
(9) Consult with the agency about the issuance and renewal of a
single facility license under ORS 676.617 authorizing a facility
to provide barbering, esthetics, hair design { - or - }
{ + , + } nail technology services { + or natural hair
care + }.
SECTION 7. ORS 690.167 is amended to read:
690.167. In the manner prescribed in ORS chapter 183 for
contested cases and at the direction of the Board of Cosmetology,
the Oregon Health Licensing Agency may impose a form of
discipline listed in ORS 676.612 against any person practicing
Enrolled House Bill 3409 (HB 3409-B) Page 5
barbering, hair design, esthetics { - or - } { + , + } nail
technology { + or natural hair care + } for any of the grounds
listed in ORS 676.612 and for any violation of the provisions of
ORS 690.005 to 690.235, or the rules adopted thereunder.
SECTION 8. ORS 690.235 is amended to read:
690.235. (1) The Oregon Health Licensing Agency shall establish
by rule and collect fees and charges for the following related to
barbering, esthetics, hair design { - and - } { + , + } nail
technology { + and natural hair care + }:
(a) Application.
(b) Original certificate.
(c) Certificate renewal.
(d) Examination.
(e) Demonstration permit.
(f) Original license.
(g) License renewal.
(h) Temporary facility permit.
(i) Original registration.
(j) Registration renewal.
(k) Replacement or duplicate certificate, license or permit.
(L) Delinquent renewal.
(m) Reciprocity.
(n) Freelance authorization.
(o) Reactivation.
(p) Providing copies of official documentation or records and
for recovering administrative costs associated with compiling,
photocopying or preparing and delivering the records.
(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 9. { + (1) The amendments to ORS 690.005, 690.015,
690.025, 690.046, 690.047, 690.165, 690.167 and 690.235 by
sections 1 to 8 of this 2013 Act become operative on January 1,
2014.
(2) The Board of Cosmetology and the Oregon Health Licensing
Agency may take any action necessary before the operative date
specified in subsection (1) of this section to enable the board
and the agency to exercise, on and after the operative date
specified in subsection (1) of this section, all the duties,
functions and powers conferred on the board and the agency by the
amendments to ORS 690.005, 690.015, 690.025, 690.046, 690.047,
690.165, 690.167 and 690.235 by sections 1 to 8 of this 2013
Act. + }
SECTION 10. { + If House Bill 2101 becomes law, section 8 of
this 2013 Act (amending ORS 690.235) is repealed. + }
SECTION 11. If House Bill 2101 becomes law, section 9 of this
2013 Act is amended to read:
{ + Sec. 9. + } (1) The amendments to ORS 690.005, 690.015,
690.025, 690.046, 690.047, 690.165 { - , - } { + and + }
690.167 { - and 690.235 - } by sections 1 to { - 8 - } { +
7 + } of this 2013 Act become operative on January 1, 2014.
(2) The Board of Cosmetology and the Oregon Health Licensing
Agency may take any action necessary before the operative date
specified in subsection (1) of this section to enable the board
and the agency to exercise, on and after the operative date
specified in subsection (1) of this section, all the duties,
functions and powers conferred on the board and the agency by the
amendments to ORS 690.005, 690.015, 690.025, 690.046, 690.047,
Enrolled House Bill 3409 (HB 3409-B) Page 6
690.165 { - , - } { + and + } 690.167 { - and 690.235 - }
by sections 1 to { - 8 - } { + 7 + } of this 2013 Act.
SECTION 12. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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Passed by House April 23, 2013
Repassed by House May 28, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 23, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3409 (HB 3409-B) Page 7
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3409 (HB 3409-B) Page 8