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Oregon Board News Oregon Health Licensing Agency 700 Summer Street NE, Suite 320 • Salem, OR 97301-1287 Phone (503) 378-8667 • Regulatory Compliance (503) 373-2024 www.oregon.gov/OHLA OHLA Agency Staff: Holly Mercer, Interim Director Bob Bothwell Regulatory Division Manager Shear Numbers Board of Cosmetology: Herb Hirst, North Plains, Chair Sharon Wiser, Lake Oswego, Vice Chair Peggy Zepp, Salem • Lisa Bonner Brown, Portland Heidi Zuniga, Springfield • Tiffany Galvan, Salem Franklin Whatley ä Board Adopts New Oregon Laws and Rules Examination On April 15, 2013, the Board of Cosmetology voted to adopt changes to the Oregon Laws and Rules Written Examination to align with current Oregon Administrative Rules. The updated examination will be administered at the Oregon Health Licensing Agency beginning June 3, 2013. The following changes were made to the Oregon Laws and Rules Written Examination: • The number of questions on the examination has increased from 75 to 90 questions. • The time given to complete the examination has increased from 60 to 90 minutes. Oregon Health Licensing Agency (OHLA) office hours to begin testing are Monday 9 am-1:30 pm and Tuesday through Friday 8 am-1:30 pm. 1:30 pm is the latest to sit for any examination section. Be Sure to Arrive Early Enough to Take Examination Sections Applicants will not be able to sit for an examination if they do not arrive at OHLA early enough to 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. Recommended times for applicants to arrive at OHLA to sit for the examination are listed below. Begin Testing by: • 1:30 pm - 1 Field of Practice and the Oregon Laws and Rules Examination • 12:00 pm - 2 Fields of Practice and the Oregon Laws and Rules Examination • 10:30 am - 3 Fields of practice and the Oregon Laws and Rules Examination • 9:00 am - 4 Fields of practice and the Oregon Laws and Rules Examination Applicants should arrive as early as possible to complete their examinations by 4:30 pm at the latest. 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 Domains % of Total Questions Asked # of Questions 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 The blueprint above for the Oregon Laws and Rules Examination includes the number of questions in each domain and can be found on the OHLA/Board of Cosmetology website linked below. If you have any questions, or need additional information please contact 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. How many practitioners and facilities are active in Oregon? (Numbers in parentheses +/- change from previous month.) According to Oregon Health Licensing Agency (OHLA) records as of May 3, 2013: Practitioners. . . . . . . . . . . 31,925 (+104) Barbering . . . . . . . . . . . . . . 3,963 (-28) Facilities . . . . . . . . . . . . . . 4,433 (-109) Esthetics . . . . . . . . . . . . . . 13,827 (-74) Independent contractors . . . 7,038 (-196) Hair Design . . . . . . . . . . . .21,902 (-185) Freelance. . . . . . . . . . . . . . . . 499 (-23) Nail Technology . . . . . . . . .13,434 (-108) ä Cosmetic Injectables Are Not within Esthetics Scope of Practice The following was presented and adopted by the Board of Cosmetology as an “Issue Response” at its April 15, 2013 meeting: The Oregon Health Licensing Agency has received numerous questions and inquiries regarding the use of cosmetic injectables with trade names such as Botox, Restylane and Juvederm. The Oregon Health Licensing Agency consulted with its legal counsel at the Department of Justice and responded to these questions as follows: The Oregon Health Licensing Agency published a document in 2006 called Facial Forward that discussed an esthetician’s ability to administer cosmetic injectables. The agency has removed that document from the website and does not consider the advice contained in it to be current. The Board of Cosmetology does not regulate the practice of medicine, nor does it have the authority or expertise to define what is and what is not considered to be the practice of medicine. The Board of Cosmetology does have the authority to issue a license to an esthetician and to define what is included in an esthetician’s scope of practice, bounded by the statutory language granting the authority. In this case, ORS 690.005 (6) states that esthetics does not include practices that are for “medical diagnosis or treatment of disease…” The Oregon Medical Board, the entity authorized to determine what is and what is not the practice of medicine, considers the administration of cosmetic injectables to be the practice of medicine. This means that the administration of cosmetic injectables is not within the scope of practice for an esthetician practicing under the esthetician license issued by the Board of Cosmetology and the Oregon Health Licensing Agency. An esthetician administering injectable cosmetics is providing a service that is outside the scope of practice for an esthetician in Oregon. Questions regarding the appropriateness of an individual administering injectable cosmetics, which is considered to be the practice of medicine, should be directed to the Oregon Medical Board. The Oregon Health Licensing Agency, on behalf of the Board of Cosmetology, will be working with representatives of other health regulatory boards to more fully understand each board’s overlapping interests. We plan to develop a detailed response to this and other “medical-related” services once we have met with the other health regulatory boards. We hope to have our response available later this summer. Important Note: OHLA does not provide personal legal advice to licensees or members of the public. The responses below are specific to only those questions asked. Even slight changes in the scope or content of the question may change the applicability of these responses in a different situation. Please consult your own attorney for legal advice regarding Oregon laws and administrative rules. OHLA/Board Stay Neutral on Non-OHLA Bills Two bills have been introduced in this year’s legislative session that have caused concern and discussion in the cosmetology industry: • House Bill 3409 proposes to exempt “natural hair care” from the educational requirements of hair design and barbering. • Senate Bill 836 adds makeup artists who provide hair, makeup and other effects for compensation as part of theatrical productions, film productions and photo shoots to the list of exemptions from regulation by the Board of Cosmetology and the Oregon Health Licensing Agency (OHLA). At the direction of the Governor’s Office, OHLA has been careful to be neutral on the bills. Neither bill was introduced by OHLA or the Board of Cosmetology. “It may appear strange that we are neutral on these bills, but we are not in the policymaking position right now, the Legislature is,” says OHLA Policy Analyst Randy Harnisch. “Our role is to explain to the Legislature what the bill does, and to identify how the agency and Board of Cosmetology would implement the bill if it passes into law.” Some, such as the Urban League of Portland and the Cascade Policy Institute, are for HB 3409, saying it doesn’t make sense for natural hair care practitioners to take the full education and training required for hair design or barbering. Others, such as cosmetology school owners and other industry stakeholders, are against the bill, saying it requires no educational requirements for natural hair care, thus weakening current consumer protections. “We are encouraging the industry and other interested stakeholders to take the opportunity to voice their concerns,” adds Harnisch. “That’s what the legislative process is all about.” 10 | MAY 2013 | NORTHWEST STYLIST & SALON
Washington Board News Cosmetology, Barbering, Esthetics and Manicuring Advisory Board State of Washington, Dept. of Licensing P.O. Box 9026, Olympia • Washington 98507 (360) 664-6626 • email: plssunit@dol.wa.gov www.dol.wa.gov/business/cosmetology Staff Members: Advisory Board Members: Director — Alan Haight Janiece Hoggatt - Chair Rod Fender - Co-Chair Administrator — Susan Colard Kathleen Sather Mary Tanneberg-Hisel Program Manager — Benjamin Rogers Larry Geiger Jeff Olsen Administrative Assistant — Cameron Dalmas Megan Pedersen Randolph Simon Cortney Young ä A Voice in the State Advisory Board By Ben Rogers Why should you attend the Cosmetology, Manicurist, Esthetician, and Barber Advisory Board meetings? Would you like to have a say in your future? Do you want to protect your right to practice as a licensed barber, cosmetologist, manicurist, or esthetician? Do you want to be a part of a standard-setting advisory board? Having your voice heard is the first step in advocating a cause, an undertaking that can bring about positive change in people’s lives. Being able to communicate effectively with the state’s advisory board and licensing representatives can help you to foster a better understanding of what you want for your professions and what you need to do in order to maintain your livelihood. When given the opportunity to voice your concerns, your message can be heard loud and clear through participation in the advisory board meetings. The need for advocacy in the beauty professions is not based solely on financial motivation, as a licensed professional, it is important to understand that your livelihood is at stake. But reasons for involvement go beyond the bottom line. The State has a responsibility to ensure consumer safety by having rules and regulations for licensees to follow. There are times when you may disagree, but following a professional course of action is always the best way to advocate your cause. It is not enough to say that the industry needs to improve the education of beauty professionals. If the profession doesn’t help educate the teachers of our future by supporting efforts within the field, then how will that impact the future? Industry professionals can’t afford the luxury of the status quo or doing things the way they have always been done. Times are changing, and, in order for these industries to survive, you must be politically aware and be open to new ideas for promoting the continued safety of consumers, as well as protecting your professional rights. The professions must work together to find standards people are comfortable with and then share that information with the state, as well as the rest of the industry. Where do you want to be five or even 10 years from now? The professions benefit greatly when everyone works together and shares their passion to build something for the professions. There are many bright, talented professionals who could do great things if given the opportunity to work together. Here is your opportunity. Advisory Board Meetings and Workshops BOARD MEETINGS • May 13, 2013 9 a.m. (workshop immediately following) • August 12, 2013 9 a.m. (workshop immediately following) • November 4, 2013 9 a.m. (workshop immediately following) WORKSHOPS • June 10, 2013 – 10 a.m. • July 8, 2013 – 10 a.m. • September 9, 2013 – 10 a.m. • October 14, 2013 – 10 a.m. Location: Dept. of Licensing, Room 209, 405 Black Lake Blvd SE, Olympia WA Renew Online www.dol.wa.gov/business/cosmetology Cosmetologist, Manicurist, Estheticians, Barbers, Instructors, Salon/Shops, Personal Services Operators, and Mobil Services Operators can renew licenses online. Watch for your Notice to Renew in the mail and if you are eligible, you will receive a password and the website address. Visa or MasterCard are required for online payment. ä Nail Event Winners, Artwork and More Snips & Clips Around the Northwest Sinnamon Harris CHRISTINE ROBART, owner of The Looking Glass Salon in Bellingham, Washington was announced as the winner of the first CosmoProf Gift Card Giveaway by Schedulicity, an online appointment scheduling for small businesses, in conjunction with CosmoProf, a division of Beauty Systems Group, LLC. Robart won a $1,000 CosmoProf Gift Card. “I am so excited, and the timing just couldn’t have been better,” said Robart. “I just bought The Looking Glass Salon in February and needed to stock up on merchandise. Because of the CosmoProf gift card, I could order almost everything I needed at once!” The Looking Glass Salon is also involved in the downtown Bellingham Art Walk held every first Friday of the month. The salon will be showing selected pieces from local artist, Nicola Noetic along with new work from their resident artist, Jamie Fix, a premier hairstylist at Looking Glass as well as an artist. She creates personalized portraits called “soul portraits” that plays out the personality of her subjects rather than their features. Fix’s artistry is reflected in her haircolor techniques. “Most of my inspiration for my paintings comes from my interactions with my friends and clients,” explained Fix. “I enjoy playing Jamie Fix, a premier hairstylist at Looking Glass Salon in Bellingham, Wash. creates personalized portraits called “soul portraits”. DESIGN CREATE INSPIRE OPEN HOUSE! June 22 • 2pm to 6pm • Both Locations Ask about Our Special Scholarships When Signing Up for School at the Open House on June 22! — NE LOCATION — Lloyd Center • 503.239.0838 where light bleeds into color, matching skin tones with color palettes.” THE WILLAMETTE VALLEY NAIL EVENT (WVNE), held in April was a huge success with participants from Canada, Winners of the WVNE nail competition from left to right: Robin Bishop, Stacey Cummings, Angie Vermillion, Sachi Whitsett, and Tiffany Galvan. Oregon, Washington, Idaho, California and Montana. “There are not a lot of nail events in our region,” remarked Tiffany Galvan, who is a current member of the Oregon Board of Cosmetology and a practicing nail technician at her 3Sixty Salon in Salem, “I was excited to see all the live demonstrations and classes being offered.” First place winner for the flat nail art themed, “Let’s Dance” was Robin Bishop of Coos Bay (this was her first time entering!); Tiffany Galvan of Salem won both second and third places. Winner for the 3D nail art themed, “Tea Time” was Sachi Whitsett of Vancouver, Washington. Second place was Stacey Cummings of Corvallis and third place went to Angie Vermillion of Phoenix, Oregon. Sinnamon Harris is a freelance journalist who has written for Portland’s former Our Town, LifeStyles Northwest and East County News. She also wrote NW Stylist’s Oregon Board News articles from Oct 2011-2012. NEW BARBERING PROGRAM at our NE Location $1000 Scholarship! Call 503.239.0838 www.phagans.com Click Here> Goodie Bags and Prizes at the Open House! — SE LOCATION — Clackamas Town Center • 503.652.2668 NORTHWEST STYLIST & SALON | MAY 2013 | 11
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