OREGON. LAWS. STATUES || LAW AND REGULATIONS RELATING TO THE PRACTICE OF COSMETIC THERAPY STATE OF OREGON Law and Regulations elating to the Practice of Cosmetic Therapy Published by the State Board of Cosmetic Therapy Examiners 810 Corbett Building, Portland, Oregon 1944 Cosmetic Therapy Oregon Law and Regulations STATE PRINT'NG DEPT. Members of the Sfa+e Board of Cosmetic Therapy Examiners VELMA R. SAUER, President Grants Pass MARIE E. GILBERT, Vice President .... Pendleton GLADYS E. INNES, Secretary-Treasurer . . . Portland Address all communications to the SECRETARY OF THE STATE BOARD OF COSMETIC THERAPY EXAMINERS 810 Corbett Building Portland 4, Oregon 2 Section 51-101. Definition of Cosmetic Therapy: Classi- fication of practitioners. Section 51-102. Application and construction of act. Section 51-201. Creation of Board: Appointment of Members: Eligibility of Members: Terms of Office: Removals; Filling of Vacancies. Section 51-202. Compensation of Members. Section 51-203. Organization of Board: Election of Of- ficers: Duties of Secretary: Records as evidence: Making and enforcement of rules: Appointment of inspectors: In- vestigation of complaints. Section 51-204. Meaning of “said Board.” Section 51-301. Necessity for Registration. Section 51-302. Eligibility for registration: Generally. Section 51-303. Persons engaged in practice of mani- curing prior to January 1, 1943. Section 51-304. Examination of applicants: Time for examinations: Nature of tests: Applica- tion for Examination: Issuance of Interim certificates. Section 51-305. Issuance of certificate; Health certifi- cate: Evidentiary effect: Display of certificate: Annual shop cards: Display of cards: Restrictions on practice: Identification certificates: Demon- strator’s certificates: Rules governing issuance: Shop licenses. Section 51-306. Expiration of certificates and cards: Restoration. Section 51-307. Registration of non-residents: Ex- amination discretionary with board when applicant practiced two years in another state. Section 51-308. Approval of training schools: Req- uisites for approval: Qualifications of teachers: Age requirement of student: Physical examination and Wasserman test: Undertaking for school license. Section 51-309. Fees payable to board: Isolation of practice quarters. Section 51-310. Disposition of fees: Disbursements; Ac- count and repoi’t: Bond of treasurer. Section 51-401. Grounds for denial of application or suspension or revocation of certificate: Necessity for notice and hearing: Sub- poenas for witnesses: Order of Board: Appeal from order: Statement of grounds: Filing of undertaking: Trans- mission of charges: Docketing of cause: Procedure at hearing: Review by su- preme court. Section 51-501. Violation of statute: Grade of offense: Punishment: Separate offenses: Juris- diction of prosecutions. INDEX 3 COSMETIC THERAPY LAW Oregon Compiled Laws Annotated Volume Four Title 51 Amendments Oregon Session Laws 1943 Chapter 187 and CHAPTER 1 Generally Section 51-101. Definition of cosmetic therapy: Clas- sification of practitioners. For the purpose of this act cosmetic therapy is defined as any one or any combina- tion of the following practices, and the following classification of practices shall be adopted and under- stood to define practitioners within the meaning of this act: Class A. Hairdresser. Any person who engages for compensation in any one or any combination of the fol- lowing practices, to wit: Arranging, dressing, curling, temporary waving, permanent waving, cleansing, cut- ting, singeing, bleaching, coloring, or similar work, upon the hair of any person, by any means, shall be construed to be practicing the occupation of a hair- dresser. Class B. Cosmetologist. Any person who with hands or mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, engages for compensation in any one or any combination of the following practices, to wit: Massaging, cleansing, stimulating, manipulating, exer- cising, beautifying, or similar work, the scalp, face, neck, arms, or upper part of the body, shall be con- strued to be practicing the occupation of cosmetologist. Class C. Electrologist. Any person who engages for compensation in the removal of superfluous hair, on the scalp, face, neck, shoulders, arms, or upper part of the body by use of electricity shall be construed to be practicing the occupation of an electrologist; provided, that electricity as designated in this act shall be limited to ordinary low voltage galvanic current of not to ex- ceed 60 cycles and not to exceed 110 volts; provided that for the purpose of a general trade or professional name, any person qualifying in any two or more of said classifications may be known as a cosmetician. Class D. Manicurist. Any person who engages for compensation in the profession of cutting, trimming, polishing, coloring, tinting, cleansing, or manicuring the nails of any person, or massaging, cleansing, treating or beautifying the hands of any person, shall be con- strued to be practicing the occupation of a manicurist. 5 Section 51-102. Application and construction of act. Nothing in this act shall prohibit services in case of emergency, or domestic administration, without com- pensation; nor the service by persons authorized under the laws of this state to practice medicine, osteopathy, surgery or dentistry, nor service by barbers, or any act by barbers under any valid, existing act of this state regulatory thereof; nor does this act apply to mer- chants or to individuals demonstrating apparatus and/or supplies for purposes of sale; provided, how- ever, that the meaning of cosmetic therapy or the power granted to persons under this act shall include the cutting or bobbing of the hair of all female persons and of male children up to, and including the age of ten (10) years; and provided finally, that no person licensed under Chapter VIII, title XLIV, Oregon Laws, who shall be employed in any place of business regu- lated by this act, shall be required to take out a license under this act. However, the provisions of this section shall not be construed to authorize any of the persons exempted herein to do permanent or temporary waving of the hair. CHAPTER 2 Board of Examiners Section 51-201. Creation of Board: Appointment of Members: Eligibility of Members: Terms of Office: Re- movals: Filling of Vacancies. There hereby is created a state board of cosmetic therapy examiners consisting of three members to be appointed by the governor of the state. No person is eligible for appointment as a member of the board: (a) who is not a registered and practicing hairdresser and cosmetician, manager- operator or operator under this chapter, (b) who is either connected directly or indirectly, in the whole- sale business of the manufacture, rental, sale or dis- tribution of cosmetological appliances or supplies, (c) who is either connected, directly or indirectly, with any school of cosmetology, (d) who is not of good moral character, (e) who is not at least twenty-five (25) years of age, (f) who has not been actively en- gaged in practice of the profession in Oregon for at least five (5) years prior to such appointment, (g) who is not a citizen of the United States. At all times the personnel of the board shall be so constituted that two graduates of the same school of cosmetology shall not be members at the same time. Each member of said board shall serve a term of two years and until his successor is appointed and qualified, except in the case of the first board, on which one member shall serve one year and one member shall serve two years and one member three years. Any member of the board may be removed at any time during his or her term of office at the discretion of the governor. Vacancies shall be filled by appointment by the governor for the un- expired portion of any term. 6 Section 51-202. Compensation of Members. The members of said board shall serve without compensa- tion except when actually engaged in the active per- formance of official duties as members of said board. Each member, excepting the secretary, shall receive ten dollars ($10) for each day so employed, together with expenses necessarily incurred. The secretary shall be paid an annual salary to be fixed by the board, not to exceed two hundred dollars ($200) per month to- gether with expenses actually and necessarily incurred in the performance of official duties. Section 51-203. Organization of Board: Election of Officers: Duties of Secretary: Records as evidence: Making and enforcement of rules: Appointment of in- spectors: Investigation of complaints. The members of said board shall meet at the main office in Portland and organize within thirty (30) days after appointment by the governor at a time to be agreed among them. They shall prescribe rules for the government of the board. They shall adopt a seal and said seal shall be used to authenticate the acts of the board and shall be affixed to all certificates issued by the board. They shall hold meetings at such times and places as they may elect. A majority of the board shall constitute a quorum. There shall be elected a president, a vice presi- dent and a secretary. The president and the secretary shall have the power to administer oaths. The secretary shall keep a record of the proceedings of the board, he shall also keep a register of applicants for certificates, showing the name of the applicant, the name and location of his place of occupation or business and whether the applicant was granted or refused a certifi- cate. The secretary also shall keep a chronological and alphabetical register of the names and exact location of business of all places where the art of cosmetic therapy, in any of its classifications, is practiced or taught, and the names and addresses of all managers of beauty parlors or shops, practitioners or operators in any classification, and apprentices. The books and records of the board shall be prima facie evidence of matter therein contained and shall constitute public records. All records and files of the board shall be kept at the principal office and shall, at all reasonable hours be open to public inspection. With the approval of the state board of health said board shall enforce the provisions of this section and shall make and enforce reasonable rules governing the sanitary and hygienic conditions concerning the practice of cosmetic therapy and the conduct and operation of beauty parlors and the conduct and operation of cosmetic therapy schools, and for this purpose any member of said board may act as inspector or said board may appoint and re- move one or more inspectors, each of whom shall be a registered and practicing cosmetician and shall devote such time to inspecting any place devoted to the prac- tice or teaching of cosmetic therapy. Whenever com- plaint is made to said board that any place devoted to the practice or teaching of cosmetic therapy is kept in an insanitary condition or that contagious disease has been imparted to any person thereby or thereat, said board shall cause such complaint to be investigated and upon such cause shown shall institute proper pro- ceedings thereon. Section 51-204. Meaning of “said Board.” The words “said board”, wherever used in this act, shall be held to mean the state board of cosmetic therapy exam- iners. CHAPTER 3 Licensing and Registration Section 51-301. Necessity for Registration, Any per- son who desires to practice the profession of cosmetic therapy by engaging in any one of (or) any combina- tion of the classifications of cosmetic therapy as here- inafter designated and described, within the state of Oregon, may make application to the state board of cosmetic therapy examiners for certificate of registra- tion in any one or any combination of the practices of cosmetic therapy hereinafter classified, and it shall be unlawful for any person to practice said profession within the state of Oregon for compensation without having obtained such certificate. Section 51-302. Eligibility for registration: Gener- ally. Any person is eligible to registration under any one or any combination of the foregoing classifications hereinbefore defined under this act, (a) who is eigh- teen (18) years of age or more, and (b) who is of good moral character and temperate habits, and who has an education equivalent to the completion of two years in a high school, and (c) who has had a course of study at a school of cosmetic therapy approved by the state board of cosmetic therapy examiners and (d) a person who has satisfactorily passed an examination conducted by said board to determine the fitness of the applicant to receive a certificate of registration, it being provided, however, that any person registered as an apprentice or student for training any of the classifications of cosmetic therapy prior to the enact- ment of this act as amended shall be eligible to make application for examination prior to October 15, 1943, upon meeting the requirements in force at the time of registration. The board in registering an applicant for training in one of the classifications hereinbefore defined under this act, shall allow proper credit to an applicant who holds a license in another classification. Section 51-303. Persons engaged in practice of manicuring prior to January 1, 1943. Any person who has actively and continuously engaged in the practice of manicuring at an established place of business, in- cluding barbershops, within this state for a period of six (6) months immediately prior to the first day of 8 January, 1943, shall be entitled to a certificate of registration, according to the classification described in section 51-101, without examination, upon satisfactory evidence thereof submitted to the state board and upon payment of the fee required by this act, provided, the application for such certificate is presented to said board on or before the twenty-fifth day of August, 1943. Section 51-304. Examination of applicants: Time for examinations: Nature of tests: Application for Ex- amination: Issuance of interim certificates. Examina- tions of applicants for certificates of registration under any of said classifications of cosmetic therapy, as described in section 51-101, shall be held by the said board, with the assistance of such examiners as may be appointed by said board no less frequently than once every six months, under such rules as the board may prescribe. Examinations shall include practical dem- onstrations, wi'itten and oral tests. They shall cover all the subjects taught in approved schools of cosmetic therapy, but shall not be confined to any specific system or methods. Applications for examinations shall be in writing on blank forms prescribed and supplied by said board, shall contain satisfactory evidence of the qualifications this act requires of an applicant, but shall be certified by the applicant under oath, and shall be filed with the secretary of the board and ac- companied by the required fees. If the board finds the application satisfactory, it shall admit the applicant to examination or to registration under proper classifica- tion of this act, provided that any person having the qualification set out in lettered subdivisions A, B, C, or D of section 51-101, and who shall make applica- tion for examination or registration, as required by this section, at any time prior to a stated examination, shall be entitled to an interim certificate of registra- tion which shall upon payment of the fee required by the act entitle such person to practice under this act until the date of the next examination. Section 51-305. Issuance of certificate; Health certifi- cate: Evidentiary effect: Display of certificate: Annual shop cards: Display of cards: Restrictions on practice: Identification certificate: Demonstrator’s certificates: Rules governing issuance: Shop licenses. When an ap- plicant has complied with the requirements of this act and has furnished a certificate from a physician licensed and registered by the state board of medical examiners that he is free from contagious and infectious disease, the said board shall issue to said applicant a certificate to that effect according to the classifica- tions herein defined, in the name of the board, signed by the president and secretary, attested by the seal of the board. Such certificate shall be evidence that the person to whom it is issued is entitled to the rights granted a person registered under this act. It shall be unlawful for any person to practice for compensation any of the arts or classifications described in this act unless his certificate is displayed in plain, open, and unobstructed view in a conspicuous place in his place of business or employment. Any manager, owner or person operating a shop or place of business, or lessee of a booth or booths in a shop, where any of the work provided for in this act is carried on, must apply an- nually to the board for a shop card, and such card shall be issued upon compliance with the rules and regulations of said board concerning health and sanita- tion. All shop cards shall be displayed in the same manner as cards of practitioners in this act. (b) No person shall practice any of the arts or classifications described in this act unless he is the proprietor of or employed by a place of business authorized to display and which does display a shop card to practice cosmetic therapy; and any person practic- ing any of the arts or classifications mentioned in this act outside of or away from a place of busi- ness shall carry with him a certificate of identifi- cation which must be shown to a person upon whom said cosmetic therapy work is being performed. Said certificate of identification shall contain the signature of the operator, his post office address, the number and date of his license and place of business where such operator regularly is employed. The board shall issue such certificate over the signature of the secretary of said board upon demand by any person entitled thereto, (c) Any person not licensed under any of the provisions of this act, who demonstrates any lotions, creams, or other preparations which are or may be used in any of the arts of cosmetic therapy, in any manner which involves physical or bodily contact with any other person, whether gratuitously or for com- pensation, shall first obtain from the board of cosmetic therapy examiners a demonstrator’s certificate. When an applicant for a demonstrator’s license shall have furnished said board with a certificate from a physician licensed and registered by the state board of medical examiners that he is free from contagious and infectious disease, the board shall issue such certificate upon the payment of a fee of one dollar ($1); providing further, that said board may promulgate such rules and regula- tions as it may deem proper, if any, further governing the issuance and/or retention of such certificates. Each demonstrator’s certificate shall be in force for a period of one (1) year from the date of its issuance unless revoked by the board for cause. It is expressly pro- vided, however, that the provisions of this subsection shall not apply to any drug store or any person or persons licensed by the Oregon state board of pharmacy, (d) A shop license shall be issued in the name of the owner or owners of said place of business and if such owner is a corporation, then such shop card also shall contain the name of the manager of said place of business, who shall be responsible for the proper conduct of said place of business in the same manner as though he were the owner thereof. 10 Section 51-306. Expiration of certificates and cards: Restoration. All certificates and cards issued under this act shall expire on the thirty-first day of July next after the date of issue, unless theretofore renewed for the following year by the payment of the required re- newal fee. An expired certificate or card may be re- stored during the following year upon payment of the required restoration fee. A certificate or card expired for more than one year may be restored upon payment of all lapsed renewal and restoration fees and upon satisfactory proof of qualification to resume and prac- tice, but no certificate will be restored after a period of five years from the date of expiration. Section 51-307. Registration of non-residents: Ex- amination discretionary with board when applicant practiced two years in another state. An applicant for registration to any of said classifications in the state of Oregon, who is eighteen (18) years of age or more, and who is licensed under and has complied with the re- quirements of the cosmetic therapy laws of another state or similar political entity, and who has been licensed to practice the profession of cosmetic therapy for a period of at least two years in another state wherein at date of applicant’s registration therein said requirements were substantially the same as the re- quirements of the law at the same time in force in the state of Oregon, may be granted a certificate of registration without examination, unless the board in its discretion sees fit to require an examination, upon the production of satisfactory evidence and upon pay- ment of the required fee. Section 51-308. Approval of training schools: Requi- sites for approval: Qualifications of teachers: Age requirement of student: Physical examination and Wasserman test: Undertaking for school license. No school for the teaching of cosmetic therapy, of any of the classifications thereof, as in this act defined, shall be conducted or operated without being approved and licensed by the board, and no such school shall be ap- proved by said board unless said school has the fol- lowing requirements: (1) has a continuous course of study of two thousand five hundred (2,500) hours minimum, distributed over a term of not less than twelve (12) months, except that a full course as manicurist only may be completed in three hunderd and fifty (350) hours, and electrologist, in addition to the foregoing requirements, may be completed in five hundred hours of specialized training of a period of not less than three (3) months; (2) has filed a bond with the board running to the state of Oregon, in the penal sum of three thousand ($3,000) dollars for the benefit of any person concerned, conditioned upon faithful performance of any contract made with any pupil of said school with reference to condition, time and term of teaching. Any student claiming to be damaged by reason of any school failing to operate 11 may maintain an action on the bond against the school and the surety named therein, or either of them, for refund of tuition paid and any judgment against the principal or surety in any such action shall include the costs thereof and those incident to the bringing of the action, including a reasonable attorney fee; (3) has filed with the board on forms furnished by the board, names and addresses of the owner or owners of such school, together with the name and address of each teacher, together with the subjects taught by each and his qualifications thereof; provided each teacher so em- ployed may be a high school graduate and shall em- ploy his entire time during school hours in instructing students except with written approval of the board, special lecturers and instructors who have been ap- proved by the board may be employed to teach courses referred to in subsection (4) four, provided that there shall be one (1) full time teacher licensed in the prac- tice of cosmetic therapy in all of the regular branches, except class C, for each twenty (20) students enrolled, no instructor may practice upon any patron for a charge, and any instructor who does so is subject to disciplinary action by the board; (4) has outlined in writing and filed with the board the proposed course of study for the teaching of cosmetic therapy, stating which of the classes A, B, C, or D of section 51-101 are to be taught and outlining the hours of instruction in anatomy, bacteriology, physiology, sanitation, the nervous system, glands, hair, skin, fingernails, the circulatory system, electricity, shop management, pro- fessional ethics, and history of cosmetology, setting forth the hours for instruction and lectures in theory and for instruction for practical application; (5) is so located so as to be entirely separate and apart from and have no connection with living quarters, beauty shop, or any other place of business; has a separate entrance for use of such school, and the word “school”, academy or college, shall be painted in letters at least three (3) inches high on all doors leading to such school which are open to the public; the word “school”, academy, or college, shall appear conspicuously on its literature and advertising matter; (6) provide separate room for class work and practical instruction and ade- quate equipment for the full and ready teaching of all subjects included in the curriculum; (7) each school so licensed shall file with the board the names and addresses of each student applying for registration in such school and such forms shall be accompanied by satisfactory evidence that said student is at least seven- teen years of age and of good moral character and has received the equivalent of two years in high school, has passed a satisfactory physicial examination includ- ing the Wasserman test, and has furnished a certificate from a physician licensed by the state board of medical examiners that he is free from contagious and infectious disease. (8) No person or corporation shall be granted a license to open a new school unless twenty (20) 12 verified applications for enrollment as students for a course of training of the minimum number of hours and months required by this chapter have been filed with the board by the school; (9) has furnished to each student enrolling a financial schedule showing the total cost of all charges involved in the course of study. All advertising of the school, when mentioning cost of tuition or related subjects, shall furnish the same financial statement as hereinabove described; (10) every school shall keep a daily record of at- tendance of each student and the time devoted by each student to the various practices or branches, it shall establish grades and hold examinations. Section 51-309. Fees payable to board: Isolation of practice quarters. The following is a schedule of fees to be paid said board under the provisions of this act; for certificate of registration under section 51-302, $3; for certificate of approval under section 51-308, $150; for certificate under section 51-303, $5; for certificate under section 51-307, $10; for certificate under section 51-304, $2; for shop license permit under section 51-305, $5; for apprentice permit under section 51-305, $1; for annual renewal of certificate under section 51-306, $5; for annual renewal of certificate under section 51-308, $25; for annual renewal shop license permit under section 51-305, $1; for annual renewal apprentice per- mit under section 51-305, $l. (b) It shall be unlawful for any person to permit the place of business wherein the practice of cosmetic therapy is carried on to be used for sleeping quarters or to allow cooking in said place or to be used for domestic purposes, and if such place of business is established in part of a building the balance of which is used for purposes other than the practice of cosmetic therapy, then said place of business for the practice of cosmetic therapy shall be partitioned off from floor to ceiling from the balance of said building and not con- nected therewith except by doors which may be closed. Section 51-310. Disposition of fees: Disbursements: Account and report: Bond of treasurer. All fees col- lected by said board in accordance with the provisions of this act shall be held by the treasurer of said board. On the tenth of each month he shall deposit with the state treasurer all moneys on hand received during the previous month. The state treasurer shall place said money in a special fund, and shall pay it out on war- rants drawn by the secretary of state upon vouchers ordered by said board and issued and signed by the president and treasurer of said board. At no time, how- ever, shall any expenses of said board be paid out of any other fund. The treasurer shall keep a true and accurate account of all moneys received and all vouchers issued by said board, and on the first day of December of each year the treasurer shall file with the secretary of state a report of all receipts and dis- bursements for the fiscal year. He shall give to the 13 board a corporate surety bond in such sum as the board may determine, conditioned for the faithful per- formance of the duties of his office, the expense of said bond to be paid out of said special fund. CHAPTER 4 Disciplinary Proceedings Section 50-401. Grounds for denial of application or suspension or revocation of certificate: Necessity for notice and hearing: Subpoenas for witnesses: Order of board: Appeal from order: Statement of grounds: Fil- ing of undertaking: Transmission of charges: Docketing of cause: Procedure at hearing: Review by supreme court. If a person has committed fraud in obtaining or in attempting to obtain a certificate of registration, or has made knowingly false and deceptive statements in advertising, or has conducted his business in a grossly unprofessional or dishonest manner, or has at any time been convicted of a felony or of gross immorality, or has continued practice while knowingly afflicted with infectious or contagious disease, or is addicted to the liquor habit or the drug habit to such a degree as to render him unfit to practice, or persists in violat- ing the sanitary rules and regulations and other pub- lished rules and regulations of said board, or fails to keep his certificate upon display, as provided in this act, or has employed cappers, steerers or solicitors to obtain business, or has obtained any fee by fraud or misrepresentation, or has employed directly or in- directly any person not holding a certificate of registra- tion under this act to perform cosmetic therapy work, the said board may refuse to issue, may refuse to renew or restore, may suspend, or may revoke a certificate to such person. Before taking such action, however, said board shall give written notice thereof to such person stating the specific reason for its adverse action, and such person shall be granted the opportunity to appear before said board for a public hearing within twenty (20) days from the date of said notice. At such hearing the defendant may be represented by counsel. The said board shall have the power to summon wit- nesses, and to require the production of books, records and papers for the purpose of such hearing. Subpoenas shall be issued by the secretary of the board, directed to the sheriff of the proper county, to be served and returned in the same manner as subpoenas for criminal cases. Fees and mileage of the sheriff and of witnesses shall be the same as allowed in criminal cases and shall be paid from the fund of said board as other expenses of said board are paid. If the defendant prevail at such hearing, the board shall grant him the proper relief without delay. Any investigation, inquiry or hearing thus authorized may be undertaken or held by and before any member or members of said board, and the finding or order of such member or members, when approved and confirmed by the board, shall be deemed 14 the finding or order of the board. In case of the revocation of the license by the said board, the licen- tiate whose license shall have been revoked by the said board shall have the right to appeal from said revocation within thirty (30) days of the cancellation of said license. Such appeal shall be to the circuit court in and for the county in which was held the meeting of the board in which such revocation was made. In case a person desires to take such appeal he shall serve, or cause to be served, upon the secretary of said board a written notice of such appeal, which shall contain a statement of the grounds of such appeal, and shall file in the office of such secretary an appeal bond with good and sufficient surety, to be approved by such secretary, to the state of Oregon, conditioned for the speedy prosecution of such appeal and the payment of such costs as may be charged against him upon such appeal. Such secretary, within ten (10) days after the service of said notice of appeal, and the filing and approval of said bond, shall transmit to the clerk of the circuit court to which said appeal is taken, a certified copy, under the seal of said board, of accusations on which the revocation was based, the ground for appeal, together with the notice and bond of appeal. The clerk of such court shall thereupon docket such appeal causes and they shall be tried in all respects as ordinary civil actions and like proceedings shall be had thereon. Upon such appeal said cause shall be tried de novo. Either party may appeal from judgment of the circuit court to the supreme court in the manner as civil actions may be appealed thereto. CHAPTER 5 Offenses Section 51-501. Violation of statute: Grade of of- fense: Punishment: Separate offenses: Jurisdiction of prosecutions. Any person who shall engage in the prac- tice of cosmetic therapy in this state without first having obtained a certificate, as provided in this act, or who shall permit any person in his employ or under his supervision or control to practice cosmetic therapy without such certificate, or who has obtained or at- tempted to obtain such certificate by fraudulent means, or who has permitted the fraudulent use of his certifi- cate by another person, or who has failed to display his certificate, as required by this act, or who has failed to comply with the sanitary rules and regula- tions promulgated by said board, or who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25, or shall be im- prisoned in the county jail not more than ten (10) days. Each and every day of violation shall be construed a separate offense. In all prosecutions arising under this act justices and district courts and circuit courts shall have concurrent jurisdiction. 15 SANITARY RULES Sanitary Rules Authorized by the Oregon State Board of Health and the Oregon State Board of Cosmetic Therapy for Regulation of Beauty Shops and Beauty Schools in the State of Oregon In compliance with the authority granted by Sec- tion 51-203, O. C. L. A., the State Board of Cosmetic Therapy on November 13, 1943, a quorum being present, amended the following sanitary regulations for beauty shops and schools of cosmetic therapy. They have full force of law. The effective date is January 1, 1944. The rules and regulations of the Sanitary Code of the Oregon State Board of Health shall be observed. RULES SHALL BE POSTED IN A CONSPICUOUS PLACE. I. LICENSES (a) Shop Cards and Sanitary Inspection Cards shall be placed in a conspicuous place. (b) Operators’ Licenses and Interim Permits shall be posted in a conspicuous place on or beside the operator’s table. 11. BUILDING (a) Detailed plans and specifications shall be sub- mitted to the board of approval when opening a new shop, making shop alterations, making change of shop location or shop ownership. (b) Building Requirements (1) Floor Dimensions No part of the premises shall be licensed as a shop unless there is floor space of not less than 108 square feet. No school shall be licensed unless there is floor space of not less than 1,800 square feet. (2) Lighting and Ventilation All schools and shops shall be properly ventilated and lighted. (3) Business and Living Quarters Shall Be Separate and Apart Substantial partitions or walls shall ex- tend from the floor to the ceiling separat- ing the beauty shop or school from an adjoining business such as dress shops or barber shops. No beauty shop or school shall be used as a living room or sleeping room. (4) Entrance and Doors (1) Access to a beauty shop or school shall be by means of an outside en- trance or from a passage way in a public building. 16 (2) Interior doors leading to a beauty- shop or school from adjacent rooms shall be securely locked and made unusable. (5) Toilets Adequate toilet facilities shall be fur- nished for patrons. (6) Water Supply An ample supply of clean hot and cold water shall be furnished and shall be cer- tified abundant by the State Board of Health. Where running water and sewers are available, connections must be made. (7) Clothes Closets A separate compartment shall be provided for employees’ clothes and shoes. (8) Linen Closet A separate closed compartment shall be provided for all linen. (9) Floors Floors shall be covered with a non-ab- sorbent material. The use of fabric rugs is prohibited. 111. EQUIPMENT (a) Furniture The furniture shall be kept in a clean, orderly and sanitary condition. (b) Sterilizer (1) Wet Sterilizer The wet sterilizer shall consist of a cov- ered pan not less than 6 inches wide by 9 inches long and 3 inches deep. The size may vary according to the number of operators using the equipment. A clean solution of any of the following shall be maintained in the receptacle: 4% formaldehyde, a 10% lysol or cresolin compound, 1 to 1000 cyanide of mercury, a germicide of the bacterial strength of a 5% solution of carbolic acid. (2) Dry Sterilizer The dry sterilizer shall consist of an air tight container with adequate space for all necessary equipment. The bottom of each sterilizer shall contain a receptacle which will hold a solution of one half ounce each of water and formaledhyde. A piece of cotton or blotter shall be im- mersed in the solution. (c) Instruments (1) All instruments, excepting those made of steel, shall be sterilized after being used on a patron by immersing for at least 20 minutes in any of the following solutions: 17 50% alcohol, 5% carbolic acid, 4% formal- dehyde, 10% lysol. Or by boiling at least 10 minutes. (2) Steel instruments, including clippers, scis- sors, tweezers and manicuring equipment shall be cleaned by thoroughly wiping with a germicide of the bacterial strength of a 5% solution of carbolic acid. A fresh emery board shall be used for each mani- cure. (d) Combs and Brushes Combs and brushes must be cleaned of all hair, washed in hot water and laundry soap, then placed in a wet sterilizer for 20 minutes, after which they must be dried and placed in a dry sterilizer. Combs in a poor condition shall be discarded. Each operator shall be pro- vided with a minimum of six combs. Any article dropped on the floor or otherwise rendered insanitary, shall not be used until it has been sterilized. The use of the common hair brush, comb, powder puff, sponge and neck duster is pro- hibited. (e) Shampoo Bowls, Basins and Cups Shampoo bowls, basins and cups, must be kept thoroughly scoured and clean. (f) Receptacle for Soiled Linen Soiled linen shall immediately be placed in a covered receptacle. IV. SUPPLIES (a) Hair Pins Hair pins shall be sterilized after each use and placed in a covered container. Hair pins re- moved from a patron’s hair befoi'e shampoo must be kept separate from shop supplies. (b) Waving Fluid Waving fluid must be dispensed from a sterile container which will prevent contamination of the unused fluid. (c) Creams, Lotions and Powder Covered, sterile containers shall be provided for all cosmetics. Lotions and fluids shall be poured into a sterile container. Creams and other semi-solid substances must be dipped from the container with a sterile article or spatula. Powder must be dispensed from a shaker top receptacle. (d) Linen (1) Towels Clean towels shall be used for each pa- tron. A neck strip or towel shall be placed around the neck of the patron so that the 18 hair cloth or cape does not come in con- tact with the skin. (2) Head Rests The head rest of any operating chair shall be covered with fresh linen for each patron. V. OPERATORS AND EMPLOYEES (a) Health (1) An operator or employee suffering from a communicable disease or from a venereal disease in a communicable form, shall not work in a shop or school. (2) An operator shall not undertake to treat any disease of the skin or scalp which is under the control of the medical profes- sion. (3) The hands of an operator must be washed with soap and water before serving a patron. (b) Clothing Operators shall wear washable outer garments and must be clean as to person and dress. OREGON STATE BOARD OF HEALTH Frederick D. Strieker, M. D., Secretary. 19