SUPPLEMENTAL INFORMATION & UPDATES FOR COSMETOLOGY SCHOOLS Higher Education Coordinating Commission Private Career Schools Licensing Unit 775 Court St. NE Salem, OR 97301 503-947-5751 ~ 2013 ~ DEFINITIONS The definitions for Cosmetology are established by the State Board of Barbers and Hair Dressers. Access the full version of ORS 690 at http://www.leg.state.or.us/ors/690.html and the OAR’s at http://arcweb.sos.state.or.us/pages/rules/index.html. 690.005 Definitions for ORS 690.005 to 690.235. 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. Supplemental Documentation (Rev.02/14) 2 (d) Nail technology. (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) “Practitioner” means a person certified to perform services included within a field of practice. (15) “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) “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. (17) “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. [1977 c.886 §1; 1983 c.151 §1; 1987 c.31 §2; 1989 c.171 §81; 1993 c.45 §296; 1993 c.267 §1; 1995 c.343 §61; 1999 c.425 §1; 2003 c.547 §38; 2005 c.117 §1; 2005 c.648 §50; 2009 c.701 §30] Please see the next page for a recent ORS update on exemptions. Supplemental Documentation (Rev.02/14) 3 77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session Enrolled Senate Bill 836 Sponsored by Senator BURDICK, Representative WILLIAMSON, Senators STEINER HAYWARD, DINGFELDER; Senator HASS, Representatives BUCKLEY, THATCHER CHAPTER AN ACT Relating to cosmetology disciplines; amending ORS 690.025; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 690.025 is amended to read: 690.025. ORS 690.005 to 690.235 do not apply to: (1) Persons who perform service without compensation in case of emergency or in domestic ad- ministration. (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] an 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. (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 2. 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. Enrolled Senate Bill 836 (SB 836-INTRO) Supplemental Documentation (Rev.02/14) 4 EXAMINATION INFORMATION The Oregon Health Licensing Agency (OHLA), Board of Cosmetology administers the state prepared fields of practice examinations for all fields of practice and an examination dedicated to the Oregon Administrative Rules Chapter 817 and Oregon Revised Statutes 690. The following information was obtained from the Oregon Health Licensing Agency web site at http://www.oregon.gov/OHLA/COS/docs/Licensing/06-012013_Laws%20and%20Rules%20Examination%20Change.pdf. Number of Questions The number of questions on the examination has increased from 75 to 90 questions. Time Allotted to Complete Examination The time given to complete the examination has increased from 60 to 90 minutes. OHLA office hours for testing are Monday 9 am -1:30 pm and Tuesday through Friday 8 am-1:30 pm. Applicants will not be able to sit for an examination if they do not have the appropriate amount of time to complete their examinations. Ninety (90) minutes is given for each examination; the Oregon Laws and Rules Examination and each field of practice examination i.e., Esthetics, Nail Technology, Hair Design and Barbering. Times for applicants to appear at the Oregon Health Licensing Agency are listed below. 1:30 pm 12:00 pm 10:30 am 9:00 am 1 Field of Practice and the Oregon Laws and Rules Examination 2 Fields of Practice and the Oregon Laws and Rules Examination 3 Fields of Practice and the Oregon Laws and Rules Examination 4 Fields of Practice and the Oregon Laws and Rules Examination **Check the OHLA website for updated information as these times may change. http://www.oregon.gov/OHLA/COS/Pages/how_to_get_licensed.aspx#Examinations Applicants should arrive as early as possible to complete their examinations by 4:30 pm at the latest. Any questions or additional information can be attained by contacting the Oregon Health Licensing Agency at 503-373-1816 or visit the agency website at http://www.oregon.gov/OHLA/COS/Pages/how_to_get_licensed.aspx#Examinations. Supplemental Documentation (Rev.02/14) 5 The sources used to reference the examination questions have not changed and are included in the following examination blueprint: Oregon Laws/Rules Examination – 90 Multiple Choice Questions; 90 Minutes % of Total Questions Domains # of Questions Asked Asked Facility Standards 39 35 Practice Standards 7 6 Facility Operations 7 6 Licensing / Certification 10 9 Definitions 23 21 Examinations 5 5 Chemicals 9 8 TOTAL = 90 OREGON LAWS AND RULES EXAMINATION REFERENCES Oregon Revised Statutes, Chapter 690 www.oregon.gov/ohla Oregon Administrative Rules, Chapter 331 www.oregon.gov/ohla Oregon Administrative Rules, Chapter 817 www.oregon.gov/ohla Supplemental Documentation (Rev.02/14) 6 WRITTEN EXAMINATION OVERVIEW The following highlight the subject matter domains and number of questions per domain on the state prepared written examination for each individual field of practice. The time limit for each field of practice section of the examination and for the Oregon Laws and Rules examination is 90 minutes. Barbering Examination Overview www.oregon.gov/OHLA/COS/docs/licensing/cos_blueprint_candidate_info_12-152009_barber.pdf Esthetics Examination Overview www.oregon.gov/OHLA/COS/docs/licensing/cos_blueprint_candidate_info_10_09_ 2010_esthetics.pdf Hair Design Examination Overview www.oregon.gov/OHLA/COS/docs/licensing/cos_blueprint_candidate_info_10-092010_hair.pdf Nail Technology Examination Overview www.oregon.gov/OHLA/COS/docs/licensing/cos_blueprint_candidate_info_10-092010_nail.pdf *This information obtained from the OHLA website at http://www.oregon.gov/OHLA/COS/Pages/how_to_get_licensed.aspx#Examinations The State Board Examinations do not include a practical examination. However, the Higher Education Coordinating Commission requires that the school administer a final written and practical exam prior to certifying the student’s eligibility to take the state exam. The final exams will evaluate safety precautions, sanitation, infection control, and client protection for all content areas of the practical exam. The practical exam will cover the following: HAIR DESIGN: Hair Shaping, Permanent Waving, Hair Lightening/Coloring, Shampooing, Chemical Relaxing, Hair Styling, Comb Out, Blow-Dry Styling, Iron Curling. NAIL TECHNOLOGY: Basic Manicure, Polish (Manicure), Sculptured Nail, Nail Tip Application, Nail Wrap Application, Basic Pedicure, Polish (Pedicure). ESTHETICS: Eyebrow Arch, Arm or Leg Wax, Skin Cleansing, Massage, Mask Application, Body Treatments, Makeup Application. BARBERING: Trim Mustache/Beard, Clipper Haircutting, Shears Haircutting, Finger Waving, Blow-Dry Styling, Iron Curling, Facial Treatment and Massage. Supplemental Documentation (Rev.02/14) 7 HOURS EARNED OUT OF STATE In determining how many hours to award a transfer student coming from another state and when the student is unable to demonstrate how many of the hours he or she earned are in a specific practice area; it is recommended that students obtain a transcript or other documentation showing how many hours the students earned in each area of practice. That information will assist in making a more accurate calculation on transfer hours. Also, if necessary, have the student go through a practical placement examination to determine where the student’s skills are lacking. While a set formula is helpful, it also raises two concerns. First, that a school applying the formula could award hours in a practice area, say esthetics, to a student who left his or her out-of-state school before starting the program in that particular practice area. Second, that a school applying the formula could award a student fewer hours in a particular practice area than the student had earned at his or her out-of-state school. The minimum hourly requirements per OAR 581-045-0200(1) are: Program Components Required Clock Hours Hair Design 1450 Nail Technology 350 Barbering 1100 Esthetics 250 Safety / Sanitation 150 Career Development 100 Access the full version of OAR 581-045 at http://arcweb.sos.state.or.us/pages/rules/oars_500/oar_581/581_045.html. The Higher Education Coordinating Commission does not provide a recommended formula for awarding hours to transfer students it does not provide a recommended refund policy that is specific to transfer students. Career schools must have a refund policy that complies with applicable provision of OAR 581-045-0036 - 0039. Supplemental Documentation (Rev.02/14) 8