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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
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
purpose of preparing an individual
for a professional film, video performance or a theatrical
Question: Is there an exemption whenmakeup
artistry is being provided at a department store or at a
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
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
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
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.
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