Oregon Law-Cosmetology

Adequate ventilation

Ventilation by natural or mechanical methods which removes or exhausts fumes, vapors, or dust to prevent hazardous conditions from occurring in accordance with OAR 437, Division 2 and/or to allow the free flow of air in a room in proportion to the size of the room and the capacity of the room

Affidavit of Licensure

An original document verifying licensing history and status, including information disclosing all unresolved or outstanding penalties and/or disciplinary actions. The document is issued and signed by the regulatory authority in the state which issued the license with an official seal or stamp affixed to the document; it is not the certificate or license form issued which authorizes the holder to practice. Refer to OAR 331-030-0040

Agency

The Oregon Health Licensing Agency. The agency is responsible for the budget, personnel, performance-based outcomes, consumer protection, fee collection, mediation, complaint resolution, discipline, rule making and record keeping.

Approved

Means accepted by the Agency, Board of Cosmetology or to the appropriate entity

Article

Those items which complement services provided in the practice of barbering, hair design, esthetics or nail technology, including but not limited to neck-strips, neck dusters, towels or linens, and cloth or plastic capes

Barbering

The definition set forth in ORS chapter 690.005 means, pursuant to ORS 690.155 and 690.165, the entity that determines practice standards, education and training, and provides consultation to the agency on all disciplinary actions in accordance with ORS 690.167

Certificate

The document authorizing the holder to perform services in a field of practice, i.e. barbering, hair design, esthetics or nail

Chemical service

The use of any product which restructures or removes hair or changes the shape or appearance of skin, hair or nails

Common area

An area of a facility which is used by all practitioners performing services, including, but not limited to reception areas, dispensing areas, sinks, shampoo bowls, hair dryers and hair dryer areas, and employee lounge areas

Communicable disease or condition

Diseases or conditions diagnosed by a licensed physician as being contagious or transmittable which include but are not limited to the following:

(a) Chickenpox;

(b) Diphtheria;

(c) Measles;

(d) Meningococcal Disease;

(e) Mumps;

(f) Pertussis (whooping cough);

(g) Plague;

(h) Poison oak;

(i) Rubella;

(j) Scabies;

(k) Staphylococcal skin infection (boils, infected wounds);

(l) Streptococcal infections (Strep throat);

(m) Tinea (ring worm);

(n) Tuberculosis

Demonstration permit

An authorization as defined in ORS 690.005 to practice on a limited basis for a maximum of 30 consecutive days

Director

The individual who is responsible for the performance of the agency as defined in ORS 676.610. The director appoints all subordinate officers and employees to carry out the duties of the agency

Disinfect

To use a process to destroy harmful organisms, including bacteria, viruses, germs and fungi

Dispensing area

An area having non-porous surfaces and a sink with hot and cold running water where service preparations are conducted, such as mixing of chemicals, cleaning of tools and equipment, disposing of residues and rinsing parts of the body exposed to chemicals

Disposable towels

Single-use paper towels or roller-type cloth towels furnished by laundries

Educational Institution

An Oregon high school under ORS 336, Oregon career school licensed under ORS 345 or an Oregon community college under ORS 341

EPA

A branch of the Federal Government, which approves and registers chemical compounds and agents

Equipment

Those items needed to run a facility which includes but is not limited to waiting chairs, barber or style chairs, shampoo chairs, cabinets, sinks, shampoo bowls, stationary dryers, pedi bins or whirlpool foot spas, paraffin wax containers, and nail technology tables

Ethical

Conforming to professional standards of conduct in all occupational practices and in accordance with OAR 817, division 120

Exfoliate

The process of sloughing off, removing, or peeling dead skin cells of the epidermis Facility has the definition set forth in ORS 690.005

Fire retardant container

means an air-tight metal or other approved container recognized by a national testing lab for the use of disposing of chemical waste or storing linens with chemical residue

Freelance Authorization

Authorization allowing a practitioner to perform services of barbering hair design, esthetics or nail technology outside of a licensed facility

Hair design

The definition set forth in ORS 690.005, which includes the braiding of hair Health care

Health Care Facility

As defined by ORS 442.015 (16), such as a hospital, special inpatient care facility, rehabilitation center, center for the treatment of alcoholism or drug abuse, assisted living care or nursing facility, or psychiatric hospital, which is licensed by a state regulatory agency or local governmental unit for the purpose of providing health care services

High-level disinfectant

A chemical agent, which has demonstrated tuberculocidal activity and is registered with the EPA

Independent Contractor

An individual defined in ORS 690.005 who qualifies for a recognized business status under the provisions of ORS 670.600

Low-level disinfectant

A chemical agent which has demonstrated bactericidal, germicidal, fungicidal, and limited virucidal activity and is registered with EPA

Official transcript

(a) An original document authorized by the appropriate office in the Oregon Department of Education and certified by an educational institution indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, final practical examination scores for each field of practice, enrollment information and a signature by an authorized representative on file with the agency.

Original documents must be submitted directly to the agency from the educational institution by United States Postal Service mail or other recognized mail service providers in a sealed envelope; or

(b) A document authorized by the appropriate office in the Oregon Department of Education and certified by an educational institution indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, final practical examination scores for each field of practice, enrollment information and a signature by an authorized representative on file with the agency. Non-original documents shall only be accepted when, and in the manner, approved by the Agency

Temporary facility permit

An authorization as defined in ORS 690.005, not to exceed 30 consecutive days

Soiled

An article that has been used and has not been cleaned or disinfected before use on the next client

Tools and implements

All portable articles and instruments, which the practitioner can carry to use in the performance of services on clients, including but not limited to combs, shears, clippers and yoyettes

Work area

An area where services are performed and preparations are conducted including but not limited to shampoo area, work stations and dispensing area

Sharp edged or pointed,non-electrical tools and implements

Those items which may on occasion pierce or cut the skin and draw blood, includes razors, cuticle nippers, cuticle pushers, nail clippers, tweezers, comedone extractors, shears, and metal nail files

Sanitizing container

A receptacle, holding a disinfecting agent, which is large and deep enough to submerge the tool(s) or implement(s) or portion(s) thereof, which are to be disinfected

Registration

An authorization to practice in barbering, hair design, esthetics and/or nail technology as an independent contractor

Reasonably accessible

Not more than three minutes travel time from any work location

Premises

The entire area of the facility, licensed by the agency and designated as a facility

Permit

Either a demonstration permit as defined in subsection (12) or a temporary facility permit as defined in subsection (46) of this rule Practitioner has the definition set forth in ORS 690.005

Pedicuring

Services performed upon the nails of the feet as part of nail technology defined in ORS 690.005

Nail Technology

The definition set forth in ORS 690.005, which includes the following:

(a) The application and removal of artificial nails;

(b) The application of mini-art work, etching or imprinting on nails

Materials and supplies

Those items which complement the use of tools, including but not limited to hair tints, bleaches, permanent wave solutions, tonics, hair oils, shampoos, rinses, disinfectants, and chemicals

Manipulating

As referred to in ORS 690.005 articulation or massage, pressure, friction, stroking, tapping or kneading by manual or mechanical means, with or without lubricants such as salts, powders, liquids or creams, for the purpose of providing skin care

Manicuring

Services performed upon the nails of the hands as part of nail technology defined in ORS 690.005

Board

Pursuant to ORS 690.155 and 690.165, the entity that determines practice standards, education and training, and provides consultation to the agency on all disciplinary actions

Hazardous

Capable of causing an unplanned, uncontrolled reaction which could present a hazard to practitioners or clients by explosion m fire release of toxic gases or by- products or physical or chemical burns and

Segregated in storage

Potential hazardous chemicals and materials are separated (so as to prevent their mixing with one another through leakage, spillage or breakage) by an adequate distance or through the use of physical barriers such as partitions or separate shelving arrangements.

Water Supplies

supplies shall have a minimum of 20 pounds pressure per square inch in accordance with state plumbing code with

facilities having both hot and cold running water separate from restrooms