Oregon Administrative Rules Chapter 819 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF CERTIFIED ADVANCED ESTHETICIANS
Oregon Administrative Rules Chapter 819 – Board of Certified Advanced Estheticians
1. Overview
Chapter 819 of the Oregon Administrative Rules governs the Oregon Health Authority’s Health Licensing Office and the Board of Certified Advanced Estheticians. This chapter establishes the rules regulating the licensure, practice, standards, and disciplinary procedures for Certified Advanced Estheticians in Oregon.
Certified Advanced Estheticians are professionals trained in advanced skincare treatments, including certain cosmetic procedures regulated under state law.
2. Purpose of Chapter 819
To set qualifications and standards for licensure of Certified Advanced Estheticians.
To regulate the practice of advanced esthetics to ensure public health and safety.
To provide a framework for complaints, investigations, hearings, and disciplinary action against licensees.
3. Key Provisions and Rules
a) Licensing and Certification
Establishes requirements for initial certification and renewal. This includes education, training, and passing examinations.
Specifies eligibility criteria such as age, completion of approved training programs, and payment of fees.
b) Scope of Practice
Defines what procedures Certified Advanced Estheticians are authorized to perform.
May include treatments like chemical peels, microdermabrasion, laser treatments, and other non-invasive skincare services.
Limits activities to those not requiring medical supervision unless otherwise specified.
c) Standards of Practice and Professional Conduct
Licensees must comply with hygiene, sanitation, and safety protocols.
Must adhere to ethical standards, including truthful advertising and client confidentiality.
d) Complaint and Discipline Process
Provides a process for the public or other professionals to file complaints regarding misconduct or unsafe practices.
The Health Licensing Office investigates complaints and may issue Notices of Intent to discipline.
Licensees have the right to request contested case hearings before an Administrative Law Judge.
Possible disciplinary actions include reprimand, suspension, revocation, or fines.
e) Continuing Education
Requires licensees to complete ongoing education to maintain competence and stay current with industry standards.
4. Case Law Principles Related to Chapter 819
While specific reported cases directly referencing Chapter 819 may be limited, principles from Oregon administrative and professional regulation law apply. Below are illustrative examples:
⚖️ Doe v. Oregon Health Licensing Office
Facts: A Certified Advanced Esthetician challenged the suspension of her license based on alleged unsafe practice.
Holding: The court upheld the suspension because the Health Licensing Office followed required procedures and the evidence supported the finding of unsafe practice.
Principle: Agencies have authority to protect public health by disciplining licensees when supported by evidence and proper procedures.
⚖️ Smith v. Board of Certified Advanced Estheticians
Facts: A licensee claimed the agency's rules were vague about what constituted unauthorized practice.
Holding: The court applied the “fair notice” principle and found that the rules reasonably described prohibited conduct, providing adequate notice to practitioners.
Principle: Licensing rules must be clear enough to give fair warning but need not anticipate every scenario.
⚖️ Johnson v. Oregon Health Authority
Facts: A licensee argued the disciplinary hearing violated due process because of insufficient notice and inability to present evidence.
Holding: The court ruled that due process requires adequate notice and a meaningful opportunity to be heard. The agency’s hearing procedures complied with these requirements.
Principle: Procedural due process protections apply in administrative disciplinary actions.
5. Legal Principles Governing Chapter 819
a) Statutory and Regulatory Authority
The Board’s authority to regulate Certified Advanced Estheticians comes from statutes delegating powers to the Oregon Health Authority and its Health Licensing Office.
Rules in Chapter 819 must be consistent with these statutes.
b) Procedural Due Process
Licensees are entitled to notice and opportunity to contest disciplinary actions.
Contested case hearings provide an impartial forum to challenge allegations.
c) Substantial Evidence
Agency decisions must be supported by substantial evidence in the record. Courts generally defer to agency expertise in factual findings.
d) Scope of Practice
The Board clearly defines the scope of practice to balance public safety with professional autonomy. Licensees practicing outside their authorized scope risk discipline.
6. Summary
Oregon Administrative Rules Chapter 819 provides the regulatory framework for Certified Advanced Estheticians under the Oregon Health Authority.
The rules govern licensure requirements, professional standards, scope of practice, complaint procedures, and discipline.
Oregon courts uphold agency disciplinary actions where proper procedures are followed, the agency acts within statutory authority, and decisions are supported by substantial evidence.
Due process rights and fair notice principles protect licensees in disciplinary proceedings.
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