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| NORTHWEST STYLIST & SALON | NOVEMBER 2017 | 5

tion, as to whether the location matters in determining

whether an individual exemption applies.

You can find those statutory exemptions at:

https://www.oregonlegislature.gov/bills_laws/ors/ors690.html .

Question: Is there an exemption whenmakeup artist-

ry is being provided for a television or filmproduction?

Answer: Yes. Performing

temporary

makeup artistry

or hair styling for professional film or video perfor-

mance would be exempt under ORS 690.025(1)(h).

This particular exemption requires the services be per-

formed for the

sole

purpose of preparing an individual

for a professional film, video performance or a theatrical

performance.

Question: Is there an exemption whenmakeup

artistry is being provided at a department store or at a

makeup counter?

Answer: Yes. Performing temporary makeup artistry

or hair styling in a department store or makeup would

be exempt under ORS 690.025(1)(e) if the purpose of

the makeup artistry is to demonstrate makeup ap-

paratuses or supplies for sale. This specific exemption

is

not

relevant to the location of services but rather

on the purpose of the service in this case to provide

temporary makeup artistry services including selling

makeup supplies and apparatus used in the application

of makeup. To put it another way, if the makeup artist

is, for example, being paid for the makeup applica-

tion itself and the purpose is not to sell the makeup

being supplied, it would not fall under the exemption.

Question: Is a certificate required whenmakeup

artistry is being provided at a licensed cosmetology

facility?

Answer: Maybe. When determining if an individual

exemption applies you need to look at the specific

facts. For example, if the cosmetology facility is provid-

ing makeup artistry for the purpose of selling cosmet-

ics, the makeup artistry would be exempt (the same as

at the Nordstrom’s cosmetic counter). If no exemption

applies, a certificate is required.

Question: Is there a specific exemption to teach

makeup artistry?

Answer: No. An exemption exists for students while

engaged in training at the direction of and under the

direct supervision of the faculty of a school licensed un-

der ORS 345.010 to 345.450 to teach a field of practice.

No specific exemption exists to teach makeup artistry

at a school.

Question: Is there an exemption to performmakeup

artistry in amobile spa?

Answer: There is no specific exemption for services

provided in a mobile spa. That said, if the services fit

within another exemption (like sale of makeup supplies

or for the sole purpose of a theatrical production) the

exemption still applies even if the makeup artistry takes

place in a mobile spa. It is important to note that if the

services provided are not exempt under ORS 690.025,

the practitioner using the mobile spa to perform the

makeup artistry would need both an individual certifi-

cate and a freelance authorization.

Important Note:

The Board and HLO do not provide

personal legal advice to licensees or members of the

public. The information provided here is specific to

only those questions asked. Even slight changes in the

scope or content of the question or matter may change

the application of the above information in a different

situation. Please consult your own attorney for legal

advice regarding Oregon laws and administrative rules.

Oregon Revised Statues related to exemptions

under the Board of Cosmetology can be located

at

https://www.oregonlegislature.gov/bills_laws/ors/ors690.html .