August 2010- Oregon
Taking License | by Kraig Bohot
Every August, Taking License highlights key developments in licensing and regulation in Oregon in the past year.
As the Oregon Health Licensing Agency (OHLA) introduced a new director, Randy Everitt, and the Board of Cosmetology appointed a new chair, Debora Masten, the focus during the past year was on ensuring the validity of the licensing process and exploring advanced esthetics and umbrella cosmetology certification.
1. Return to State-Prepared Examination: After using the National-Interstate Council of State Boards of Cosmetology (NIC) written examination since 2006, OHLA and the Board of Cosmetology switched back to the state-prepared examination to provide better oversight over examination security.
2. Exam Goes “Old School” with Paper and Pencil: Prior to switching to the state-prepared examination, OHLA and the board took temporary measures to ensure examination security by conducting the NIC examination in paper and pencil format until the state-prepared examination was ready for implementation.
OHLA has since switched back to computer touch-screen testing, which allows the agency to provide same-day licensing to most applicants.
3. Examination Required for Reciprocal Applicants: After first requiring applicants licensed in other states to pass the Oregon Laws & Rules section of the written examination, OHLA and the board then required these applicants to pass examinations for certification in individual fields of practice as well to help ensure out-of-state applicants are qualified to practice in Oregon.
4. Affidavit of Licensure Requirements Revised: In another step to prevent fraud, OHLA began requiring identification from Oregon licensees in all OHLA-regulated professions who wish to become licensed in other states through reciprocity.
5. Advanced Esthetics Certification Explored: Oregon began actively exploring how best to address increasing complexity and technology in the esthetics field through creation of “specialty” certification for advanced practice. After several meetings of the Legislation / Rules Sub-Committee, OHLA staff is reviewing sub-committee and stakeholder feedback before returning to sub-committee work for further refinement.
6. Cosmetology Umbrella Certification Proposed: To align more with other states that offer cosmetology certification combining the esthetics, hair design and nail technology fields of practice, OHLA and the board are proposing to establish cosmetology certification through legislation in 2011.
7. Licensing Fees Continue to Be Refined: After developing different fee scenarios, OHLA and the board proposed a two-phase plan in response to stakeholder feedback and in order to balance the board’s budget: first to raise fees for facilities and independent contractors (after no increases for a decade), then to lower the cost of initial certification for recent cosmetology school graduates.
8. Tools for Schools Web Page Created: OHLA created a new page, Tools for Schools, in the Board of Cosmetology section of its Web site at www.oregon.gov/OHLA/COS that provides Oregon’s more than 40 cosmetology schools with updates and resources.
9. New Tax for UV-based Tanning Beds: The Internal Revenue Service issued regulations outlining the administration of a 10-percent excise tax on indoor tanning services that went into effect July 1. Airbrush tanning services are not included in the tanning tax.
10. SIC and Student Day of Success: Thanks to Phagans’ Portland for inviting OHLA to present its sanitation and infection control (SIC) seminar during the school’s Student Day of Success, to Board of Cosmetology Vice-Chair Sharon Wiser for facilitating OHLA’s participation, and of course to the participating students.
Oregon authorization holders applying for an affidavit of licensure to allow them to become licensed in another state through reciprocity must now provide two forms of agency approved identification, one of which must be photographic.
The Oregon Health Licensing Agency (OHLA) has adopted a temporary rule requiring identification in its continuing efforts to ensure the validity and security of the licensing process in Oregon and in collaboration with other state licensing agencies.
“We continue to address potential fraud in the licensing process,” says OHLA Director Randy Everitt. “Whether it’s out-of-state applicants applying for licensure in Oregon or Oregon licensees applying for reciprocal licensure in other states, we want to ensure that licensees are who they say they are, and that they have the accompanying qualifications and skills to safely and effectively practice on the public in the health and related professions we license and regulate.”
The temporary rule, amending Oregon Administrative Rule (OAR) 331-030-0040, became effective July 26, becomes permanent October 15 after a public comment period and affects applicants for licensure through reciprocity to and from Oregon annually in 17 OHLA-regulated health and related professions.
Every year, OHLA conducts thousands of facility inspections and responds to several hundred consumer complaints against businesses and practitioners licensed by the agency.
OHLA inspectors and investigators such as Michael Bui are key staff members involved in determining whether or not regulated businesses and individuals are in compliance with requirements for 17 health and related professions.
OHLA regulatory staff conduct onsite inspections at more than 5,000 licensed facilities in the four fields of cosmetology and in the body piercing, electrology and tattooing fields to ensure facilities and practitioners are licensed and are following health, safety and infection control requirements.
Bui has worked as an inspector and investigator at OHLA since 2005 and currently focuses on complaints for the Board of Denture Technology and Advisory Council on Hearing Aids, although OHLA regulatory staff may work on cases involving any of OHLA’s regulated professions.
Describe your job in approximately 25 words: I conduct both internal and external investigations for most of the professions OHLA regulates. These investigations are frequently complicated and compliance issues vary greatly. Investigations frequently involve potential criminal activity, fraud, unlawful trade practices and sometimes even organized crime.
What do you like about your job the most?
I love working with customers/licensees to help them to gain compliance with Oregon laws and rules. As an investigator/inspector I don’t just write citation tickets. I help customers/licensees understand and be in compliance with OHLA requirements. Also, it gives me a lot of opportunity to travel around Oregon to see different places and meet with different people.
What is the most challenging aspect of your job?
The biggest challenge would have to be working with unlicensed individuals who sometimes are a challenge to locate and interview as part of an investigation. Sometimes these interviews aren’t pleasant, and sometimes you don’t know what you’re walking into. That’s why we partner with law enforcement in more potentially dangerous situations.
How do you cope with the challenges of the job?
Every single minute is a challenge because you will be performing multiple tasks and meeting with different people. I always prioritize the most important tasks. I believe it’s best to get a clear understanding of the situation by openly listening to the customer, be able to assist them, inform the customer that you will do everything in your power to ensure that all the issues/problems should be in compliance with OHLA requirements.
What helps you succeed in your job?
I learned that along with understanding the basic skills necessary for the job, I always try to complete tasks as quickly as I can without making mistakes. The enjoyment of what I’m doing helps me to succeed in my daily routine.
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 August 2, 2010:
Practitioners — 31,009 (-7)
Facilities — 4,778 (+20)
Independent contractors — 8,176 (+176)
Certificate of ID — 410 (+25)
Barbering — 5,000 (-24)
Esthetics — 13,316 (-1)
Hair Design — 21,359 (+73)
Nail Technology — 14,036 (-40)
Looking for past Board News? Visit the archives page.
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:
Randy Everitt, Director
Carlos Rebelez, "Interim" Regulatory Operations Manager
Board of Cosmetology:
Debora Masten, Salem - Chair
Sharon Wiser, Lake Oswego - Vice Chair
Michael D. Snook, Salem
Linda Bergmann, Florence
Patricia A. Hall, Pendleton
Herb Hirst, North Plains
Shelly Couch, Gladstone
