Oregon > August 2008
Taking License | by Kraig Bohot
Every August, Taking License highlights key developments in licensing and regulation of the four fields of cosmetology in Oregon.
The Cosmetology Top 10
1. Proposed Fee Changes: The Oregon Health Licensing Agency (OHLA) and Board of Cosmetology proposed fee changes that addressed the agency staff time and resources needed to administer examinations, process applications and provide labor-intensive services.
In the past year and for all OHLA-regulated professions, the agency focused on establishing fees more in line with the actual cost to the agency of providing services. OHLA developed a “cost-allocation model” to better describe how fees are established.
The agency also proposed fee adjustments to correct a historical imbalance in fees paid by licensees under the Board of Cosmetology compared to fees paid by licensees under other OHLA boards and councils. In other words, licensees in other professions were previously subsidizing the cost of providing services to Board of Cosmetology applicants and licensees.
The agency proposed to reduce some fees, such as for independent contractors, while proposing to slightly increase field-of-practice certification fees. After input from cosmetology college representatives, OHLA offered to delay implementation of certain fees that affect current students until July 1, 2009, including application and examination fees.
OHLA held a public proposed administrative rules hearing on July 23 to hear comments on the proposed changes. (See related article.)
2. Training in Lieu of Civil Fines: OHLA became one of the first state regulatory agencies in the nation to offer this innovative approach to gain compliance from licensees through educational workshops. Instead of paying a civil fine, licensees who have been cited for violations of cosmetology regulations may attend a health, safety and infection control training workshop rather than pay a fine.
The workshops have been well received by licensees and have generated interest from other regulatory agencies, including the U.S. Environmental Protection Agency (EPA), Region 10.
3. Oregon Collaborative for Healthy Nail Salons (OCHNS): OHLA is collaborating with a group of non-profit organizations and other governmental agencies to address chemical hazards prevention in nail salons, particularly improving indoor air quality. OCHNS is exploring several initiatives to bring “best management practices” to nail salons, initially focusing on Vietnamese nail salon workers in northeast Portland.
4. Esthetics Advanced Practice: OHLA and the Board of Cosmetology continued to explore how to best regulate rapid developments in the esthetics field. OHLA is proposing legislation that would recognize post-graduate education beyond entry to practice requirements as a specialty certification. Stay tuned for updates prior to and during the 2009 Oregon Legislative Assembly.
5. Customer Service Improvements: OHLA began staying open during the lunch hour, offering examinations five days a week, “by appointment only” examination services, new information kiosks, and a new testing room meeting Americans with Disabilities Act (ADA) standards. The new services were just part of an agency reorganization focused on finding operating efficiencies and improving customer service.
6. Regulatory Compliance Resources: OHLA placed even more emphasis on educating licensees. The agency’s Regulatory Operations Division produced and is distributing new resources to assist licensees in staying in compliance with health, safety and infection control requirements, including a facility Self-Inspection Check List and a sample Client Record Form.
7. Streamlined Citation Process: OHLA’s Regulatory Operations also created a new inspection certificate that streamlines the citation process for licensees by including the proposed order with the inspection certificate, eliminating paperwork and saving licensees’ time.
8. New Laser Safety and Client Record Rules: OHLA implemented new laser safety and client record requirements focusing on laser hair removal to clarify practice standards prior to 2009 legislation. The new rules link to and require adherence to the American National Standards for Safe Use of Lasers (ANSI) in performing laser skin care services.
9. Medford Meeting and Outreach: OHLA and the Board of Cosmetology conducted a regular board meeting and provided training at and toured a cosmetology college in Medford. The special meeting offered licensees and other stakeholders the opportunity to discuss regulatory issues without having to travel to Salem.
10. Caution over Roll-on Waxing Systems: OHLA and the Board of Cosmetology cautioned practitioners certified in esthetics from using roll-on waxing systems that provide a potential route for cross contamination through reuse of the roller head or through the reuse of wax.
As always, we like to hear what you think about these and other issues of importance to practitioners, the public and those with an interest in the world of cosmetology licensing and regulation.
Next Board Meeting Is September 22
The Board of Cosmetology next meets on Monday, September 22, 9 am in the Rhoades Conference Room at OHLA in Salem. Board meetings are open to the public and offer an opportunity to comment on board business and other related matters.
For a meeting agenda, visit the OHLA Web site at www.oregon.gov/OHLA/COS, call OHLA at 503.378.8667 or visit the OHLA office. Meeting agendas are usually finalized and posted to the Web site within two weeks of the meeting.
Students and administrators from Oregon cosmetology colleges expressed concern over proposed fees at a public rules hearing on 7/23/08 at the Oregon Health Licensing Agency (OHLA) in Salem.
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| Cosmetology college students and other representatives voiced concern over proposed fees at a rules hearing on July 23. |
The hearing was the last day for public comment on proposed changes to Oregon Administrative Rules (OAR) that increase fees for such services as examinations and application processing while lowering fees for independent contractor registration.
Cosmetology practitioners and an industry representative also provided comment at the hearing. Representatives from other OHLA-regulated professions also attended.
OHLA had previously met with cosmetology career college owners and agreed to postpone fee changes for applications, examinations, certification fees, and late fees until July 1, 2009.
Bert Krages, the independent administrative hearings officer who conducted the meeting, commended the hearing participants for providing “uniformly excellent” comments.
Krages will review the proposed fee changes and public comments submitted to OHLA and make recommendations to the agency in an official report that will be posted on OHLA’s Web site at www.oregon.gov/OHLA/COS/COSlaws_rules.shtml.
OHLA and the Board of Cosmetology will then consider Krages’ recommendations before adopting the changes in administrative rule. The board will hold a conference call on Wednesday, August 13, at 9 am to review the proposed changes before considering adoption.
The new fees go into effect September 1, 2008, except for new examination, application, practice certification and late fees, which will go into effect July 1, 2009.
“By the Numbers” gives you the big-picture look at the latest cosmetology statistics for Oregon in three main categories: Examinations, Licensing, and Regulatory Compliance.
A note on the numbers: the reporting period for statistics has changed from calendar year to fiscal year. The following statistics are taken from July 2007 through June 2008.
Oregon Health Licensing Agency
700 Summer Street NE, Suite 320 • Salem, OR 97301-1287
Licensing Office (503) 378-8667 • Enforcement Unit (503) 378-4294
www.oregon.gov/OHLA
OHLA Agency Staff:
Susan K. Wilson, Director
Tricia Allbritton, Administrative Rules/Legislation
Richard McNew, Business Administration
Tim Molloy, Regulator Operations
Board of Cosmetology:
Michael D. Snook, Salem — Chair
Deely Klarr, Salem — Vice Chair
Linda Bergmann, Florence
Patricia A. Hall, Pendleton
Debora Masten, Salem
Judith N. Petersen, Albany
George Robb - Public Member
