| Proposed Legislation for 2005 Session |
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| CENTRAL AGENCY BILLS |
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OHLA Submits Bills for Consideration by the Legislature
| Agency Bill | Subject | Status | House Bill 2103 | Agency Name Change, Single Facility License, Conforming Statutes to Agency Model. House Bill 2103 B Engrossed
HB 2103-1 amendment does the following: changes the name of the agency to the Oregon Health Licensing Agency; continues to make required conforming refinements to both central agency and profession-specific statutes; and establishes a single facility license for facilities where multiple licenses are currently required for multiple professional services offered.
Legislative counsel added an amendment to HB 2103 -2 amendment to revise the language of HB 3219 re: denturist reciprocity so that, if HB 3219 becomes law, it will conform statutory language of the Board of Denture Technology to overarching statutory revisions made by HB 2103.
| July 27, 2005
Governor signed.
July 21, 2005
President of the Senate signed.
July 20, 2005
Speaker of House signed.
July 15, 2005
Rules suspended. House concurred in Senate amendments and repassed bill. Ayes, 53; Nays, 1 Riley; Absent, 1 Wirth; Excused 5 Avakian, Barnhart, Burley, Schaufler, Shields. Potential conflict Holvey, Thatcher.
July 12, 2005
Third reading. Carried by Brown. Passed Ayes 25; Nays 4 George, Schrader, Starr B Starr C; Attending Legislative Business 1 Shrader.
July 8, 2005
Second reading.
July7, 2005
Recommend: Do pass with ammendments to the A-Eng bill to resolve conflicts.
July 5, 2005
Public Hearing and Work Session held.
July 1, 2005
Referred to Rules Committee.
June 30, 2005
First reading. Referral top Presidents desk.
June 29, 2005
Third reading. Carried by March Passed Ayes 58, 1 Absent and 1 Excused.
June 28, 2005
Second reading.
June 27, 2005
Do pass Recommendation
June 23, 2005
Work Session held.
June 21, 2005
Work Session held. Returned to Full Committee.
June 3, 2005
Assigned to Subcommittee On Education and Natural Resources.
May 26, 2005
Without recommendation as to passage and be referred to Budget. Referred to Budget by order of Speaker.
May 17, 2005
Work Session held.
March 30, 2005
Recommendation: Do pass with amendments, be printed A-Engrossed, and be referred to Ways and Means by prior reference. Referred to Ways and Means by prior reference.
March 30, 2005 Do pass recommendation with amendments and subsequent referral to Ways & Means by the House Health & Human Services Committee
March 23, 2005
Work Session
Time: 8:30 am
Location: HR D
Feb 11, 2005
Public Hearing
Time: 8:30 am
Location: HR D
| House Bill 2105 | Updates Cosmetology Statutory Definitions for Barbering, Facial Technology, Hair Design, Nail Technology The HB 2105-1 amendment will clarify exemptions in the current law. The law never intended to restrict individuals employed by health care facilities, if providing the services for the purpose of basic hygiene and comfort. The amendment will clarify these exemptions to include a health professional acting within the scope of another license or under the jurisdiction of a hospital, nursing home or other care facilities.
| June 6, 2005 Governor Kulongoski Signed
May 18, 2005 Third reading. Carried by Brown. Passed. Ayes, 26; Nays, 2-Schrader, Whitsett; Excused, 2
May 11, 2005
Public Hearing and Work Session
Do pass recommendation by the Senate Rules Committee.
May 3, 2005
First reading. Referred to President's desk.
May 2, 2005 Read third time under Consent Calendar.Passed. Ayes,59;Excused, 1--March.
April 27, 2005 Recommendation: Do pass with amendments, be printed A-Engrossed,and be placed on Consent Calendar.
April 20, 2005
Work Session
House Health and Human Services
Feb 11, 2005
Public Hearing
House Health and Human Services
January 11, 2005
Referred to Health & Human Services Committee.
| Previously House Bill 5034 | Central Agency Budget for 2005-07 Biennium Joint Ways and Means Committee dispanded and a new Special Budget Committees for the House and Senate were created. The following are the new bill numbers assigned by both chambers. New Senate Bill Numbers - Signed by Speaker of the House and President of the Senate. OHLA Budget Bill: SB 5591 New House Bill Numbers: Dead In Committee OHLA Budget Bill: HB 5078 | July 8, 2005
Effective July 1, 2005.
July 8, 2005
Chapter 325, 2005 Laws.
June 28, 2005
Governor signed.
June 28, 2005
Speaker of House signed.
June 23, 2005
President of Senate signed.
June 17, 2005
Third reading. Carried by March. Passed. Ayes, 55; Absent, 1--Boone; Excused, 3--Brown, Butler, Schaufler; Excused for Business of the House, 1--Speaker Minnis. Potential conflict(s) of interest declared by Holvey.
June 17, 2005
Second Reading
June 16, 2005
Do pass Recommendation
June 15, 2005
SB 5591
Work Session held.
June 13, 2005
SB 5591
Referred to House Budget Committee..
June 10, 2005
HB 5078
Referred to Budget Senate Committee
June 9, 2005
HB 5078
First reading. Referred to President's desk
June 8, 2005
HB 5078
Third reading. Carried by March. Passed. Ayes, 54; Absent, 1--Dalto; Excused, 1--Beyer; Excused for Business of the House, 4--Barnhart, Morgan, Scott, Speaker Minnis. Potential conflict(s) of interest declared by Krummel.
June 8, 2005
SB 5591
First reading. Referred to Speaker's desk.
June 7, 2005
SB 5591
Third reading. Carried by Gordly. Passed. Ayes, 24; Nays, 6--Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B.
May 27, 2005
Full Special Senate and House Budget Committee sent HB 5591 and SB 5078 to the floor with a do pass recommendation.
June 3, 2005
Special Senate and House Budget Committee sent to Full Special Senate and House Budget Committee with a do pass recommendation with amendments.
New bill numbers assigned in May 2005.
April 4, 2005
Public Hearing
Ways & Means Sub-committee on Education
| Previously
House Bill 5035
| Ratifies fee adjustments for cosmetology and electrology
Joint Ways and Means Committee dispanded and a new Special Budget Committees for the House and Senate were created. The following are the new bill numbers assigned by both chambers. New Senate Bill Numbers - Signed by the President of the Senate. OHLA Fee Bill: SB 5592 New House Bill Numbers: Dead in Committee OHLA Fee Bill: HB 5079 | July 8, 2005
Effective July 1, 2005.
July 8, 2005
Chapter 325, 2005 Laws.
June 28, 2005
Governor signed.
June 28, 2005
Speaker of House signed.
June 23, 2005
President of Senate signed.
June 17, 2005
Third reading. Carried by March. Passed. Ayes, 51; nays, 4--Galizio, Komp, Nelson, Roblan; Absent, 1--Boone; Excused, 3--Brown, Butler, Schaufler; Excused for Business of the House, 1--Speaker Minnis. Potential conflict(s) of interest declared by Holvey.
June 17, 2005
Second Reading
June 16, 2005
Do pass Recommendation
June 15, 2005
SB 5592
Work Session held.
June 13, 2005
SB 5592
Referred to House Budget Committee.
June 10, 2005
HB5079
Referred to Senate Budget Committee.
June 9, 2005
HB 5079
First reading. Referred to President's desk.
June 8, 2005
HB 5079
Third reading. Carried by March. Passed. Ayes, 52; Nays, 2--Nelson, Riley; Absent, 1--Dalto; Excused, 1--Beyer; Excused for Business of the House, 4--Barnhart, Morgan, Scott, Speaker Minnis. Potential conflict(s) of interest declared by Krummel.
June 8, 2005
SB 5592
First reading. Referred to Speaker's desk.
June 7, 2005
SB 5592
Third reading. Carried by Gordly. Passed. Ayes, 22; Nays, 8--Atkinson, Beyer, Ferrioli, George, Kruse, Starr, B., Verger, Whitsett.
May 27, 2005
Full Special Senate and House Budget Committee sent HB 5592 and SB 5079 to the floor with a do pass recommendation.
June 3, 2005
Special Senate and House Budget Committee sent to Full Special Senate and House Budget Committee with a do pass recommendation with amendments.
New bill numbers assigned in May 2005.
April 4, 2005
Public Hearing
Ways & Means Sub-committee on Education
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House Bill 2103: Agency Name Change, Single Facility License
HB 2103 proposes changing the agency name from "Oregon Health Licensing Agency" (OHLA) to “Oregon Health Licensing Agency" (OHLA) to further clarify the agency´s statutory authority and responsibility as an independent consumer protection agency providing centralized oversight of multiple health and related professions.
HB 2103 also proposes creating a single facility license for multiple professions providing services at a single location. As a regulatory streamlining endeavor and to reduce fiscal impact on small business owners, the proposed single facility license is an alternative that affects cosmetology, electrology, permanent color and tattoo facilities. The OHLA central agency estimates there are approximately 300 facilities statewide that would be able to take advantage of the single facility license to reduce paperwork and save money.
The bill continues adjustments to conform central agency and profession-specific statutes to the central agency model as well as fine-tune residual provisions pertaining to jurisdictional authority contained in HB 2325, passed during the 2003 Legislative Assembly.
HB 2103-1 amendment does the following: changes the name of the agency to the Oregon Health Licensing Agency; continues to make required conforming refinements to both central agency and profession-specific statutes; and establishes a single facility license for facilities where multiple licenses are currently required for multiple professional services offered.
Legislative counsel added an amendment to HB 2103 -2 amendment to revise the language of HB 3219 re: denturist reciprocity so that, if HB 3219 becomes law, it will conform statutory language of the Board of Denture Technology to overarching statutory revisions made by HB 2103.
House Bill 2105: Changes to Cosmetology Statutory Definitions
HB 2105 revises the statutory definitions in Oregon Revised Statute 690.005 for barbering, hair design, and facial and nail technology to conform the scope of practice for each of the four fields with current industry practice.
Of particular interest in HB 2105 is the deletion of the seventh vertebra in the statutory definition for facial technology. Deletion of the seventh vertebra would allow facial technicians to provide skin care services on the entire body, not just from the neck and above.
"Facial technology" would also change to "esthetics," a nationally and internationally accepted term for this professional field, and facial technicians would be called "estheticians."
HB 2105 also proposes changes to the statutory definition of nail technology to allow for services on the arm below the elbow and the leg below the knee.
HB 2105–1 Amendment ( Now the permanently Enrolled version)
The HB 2105-1 amendment will clarify exemptions in the current law. The law never intended to restrict individuals employed by health care facilities, if providing the services for the purpose of basic hygiene and comfort. The amendment will clarify these exemptions to include a health professional acting within the scope of another license or under the jurisdiction of a hospital, nursing home or other care facilities.
HB 2105: Q&A
Why propose a change?
Removing the seventh vertebra restriction allows public protection in areas that were previously unregulated.
What services are currently unregulated?
Although current facial technology curriculum includes full body skin care services, the current limitation in the licensing law restricts regulation below the seventh vertebra. For example, body waxing for the purpose hair removal is regulated on the lip, brow and chin and unregulated on legs and arms – anyone can perform leg, back, arm and bikini waxing. Currently these skin care services are unregulated below the seventh vertebra.
What is the interest in this change?
- Public protection – applying uniform education, training and oversight standards
- Synchronizes training with scope of practice
- Responds to increased consumer demand for regulated services within businesses – day spas and salons
Is there a plan to measure the adequacy of the current training and educational requirements?
Yes. The Department of Education’s Private Career Schools Division sets core competency standards and has agreed to notify the schools and to undertake a review of the curriculum.
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| OTHER BILLS OF INTEREST |
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HB 2157 Enrolled : Signed by the Speaker of the House on August 4, 2005 and Signed by President of the Senate on August 9, 2005
Provides that authorized agency (including the Oregon Health Licensing Agency (OHLA)) may request state and nationwide criminal records checks from Department of State Police. Requires authorized agency to adopt rules to implement criminal records check authority. Defines authorized agency.
HB 3219 Enrolled : Signed by the Speaker of the House on July 29, 2005 and Signed by President of the Senate on July 30, 2005.
Relating to licensure of denturists; creating new provisions; and amending ORS 680.515, 680.520 and 680.556, including. HB 3219 was introduced by the Oregon State Denturist Association and revises ORS 680.500 to establish criteria for reciprocal licensure of denturists and requires out-of-state applicants to fulfill certain requirements not less than those required under Oregon law. HB 3219 also allows the Oregon Health Licensing Agency to update the licensure examination through rulemaking to align examination content with changing industry technology, health care delivery systems, client safety, or scientific infection control techniques.
- Potential to make greater numbers of denturists available to growing senior population
- Makes denturists subject to same reciprocal licensing provisions as other professions regulated by the OHLA
- Streamlined application process allows qualified denturists to begin work immediately and avoid lost wages
HB 2058 Enrolled: Signed by the Speaker of the House on July 29, 2005 and Signed by President of the Senate on July 30, 2005.
HB 2058 B-Engrossed continues regulation of the practice of athletic trainers within the jurisdiction of the OHLA. Athletic Training is the application of principles and procedures for managing athletic injuries, which includes prevention, recognition, evaluation, immediate care, rehabilitation and reconditioning of athletic injuries, as well as education and counseling.
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| ABOUT THE LEGISLATIVE PROCESS |
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73rd Oregon Legislative Assembly Convenes January 10, 2005
On the second Monday of every odd-numbered year, the Oregon State Legislature convenes to review and pass laws affecting Oregonians in a wide range of areas. The Legislature considers approximately 3000 bills, or proposed legislation, per session. Sessions usually last through August but may be extended if necessary.
Bills are assigned to various committees depending on the subject matter of the bill. Committees hold public hearings and review bills before voting on them. Bills can “die,” or not proceed to a committee vote, for any number of reasons, from not being compelling enough to generate interest to not receiving enough attention because of other, larger issues such as balancing the state budget.
Each bill is numbered. Once a bill is approved by a committee, it must be voted on and approved by both the House of Representatives and the Senate before becoming law. The governor holds veto power, but this isn’t used very often.
If you would like to be notified of public hearings regarding OHLA Central agency proposed legislation, please contact us at hlo.info@state.or.us or at (503) 378-8667, ext. 4330. Or check this page of our Web site for legislative updates.
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