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| Consumer's Bill of Rights |
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Consumers of services provided by professionals regulated by the Oregon Health Licensing Agency (OHLA) have specific rights outlined in the Consumer's Bill of Rights. Click here to access the Consumer's Bill of Rights.
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| Problem Unresolved? Contact Us |
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If you can’t resolve a problem or issue with a practitioner of one of the health and related professions we regulate, you may file a complaint with OHLA.
If the complaint is out of the central agency’s jurisdiction (i.e. a medical issue that would be addressed by the Oregon Medical Board or fraudulent activity responded to by the Oregon Department of Justice's Financial Fraud/Consumer Protection Section), we will refer you to the appropriate agency or organization.
You may also search an A-Z listing of state agencies by clicking here to find the appropriate regulatory agency to contact.
You may want to file a complaint if you have:
- Been injured or have been subject to the spread of infectious disease or conditions
- Purchased goods or services that were not provided or not provided as advertised
- Purchased goods or services that were unacceptable; shoddy or failed to meet minimum standards
- Observed work areas that are unclean, instruments or supplies that are not properly disinfected or sterilized, or practitioners who have not followed proper disinfection/sterilization procedures
- Observed practitioners providing services without required state authorization (license, certification or registration)
- Observed or been subject to sexual harassment or other unprofessional conduct
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| Financial Transactions/Refunds |
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With the exception of contractual rights granted to consumers of hearing aids, OHLA does not have the statutory authority to mandate refunds to consumers of OHLA-regulated professions for services or products provided. Any financial or business transaction should be resolved with the business and/or professional.
You may also contact your local Better Business Bureau, Oregon Department of Justice's Financial Fraud/Consumer Protection Section, or the respective professional association if you believe you have been financially taken advantage of unlawfully. Small claims court is one more option for financial recourse.
If you are unsure of your rights or where to turn for help, contact OHLA for clarification.
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| Responding to a Complaint |
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The length of time it takes to resolve a complaint depends on a number of factors: type and complexity of the issues involved, the agency’s investigatory workload, and if the complaint is considered "critical" status. Critical status complaints are those involving unlicensed activity or high-risk health situations. We attempt to respond to these complaints within a week or sooner.
How well the agency responds to critical status complaints reflects our commitment to public safety and to achieving our performance measure goals. However, critical status complaints may not be fully resolved in a short period of time, even with the quicker initial response time.
The agency responds to approximately 350 consumer complaints annually. Please see the chart below for a breakdown by professional category. Please note that cosmetology (COS) is the largest professional group regulated nearly 30,000 individual licensees (including nearly 6,700 independent contractors), 4,500 facilities and individual certification in four fields of practice (barbering, hair design, esthetics and nail technology)
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| Complaints by Profession |
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Year
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AT
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BP
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COS
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DEM
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DT
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EHS
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EPT
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HAS
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RT
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# of License Holders*
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212
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507
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65,550
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53
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101
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284
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884
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414
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1,418
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# of Complaints
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| 2007 |
1 |
4 |
141 |
1 |
11 |
1 |
46 |
7 |
2 |
| 2006 |
1 |
17 |
155 |
6 |
11 |
0 |
32 |
21 |
6 |
| 2005 |
4 |
11 |
151 |
2 |
15 |
2 |
27 |
21 |
4 |
2004
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3
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28
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202
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6
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8
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1
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39
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31
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0
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2003
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1
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32
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248
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4
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12
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1
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24
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24
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6
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2002
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1
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39
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298
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12
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9
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3
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44
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35
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11
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2001
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7
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23
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239
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2
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12
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5
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28
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26
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6
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2000
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0
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24
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187
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5
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17
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1
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31
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87
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9
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1999
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0 |
23
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145
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1
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23
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2
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34
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40
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10
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AT-Athletic Trainers; BP-Body Piercing Technicians; COS-Cosmetologists; DEM-Direct Entry Midwives; DT-Denturists; EHS-Environmental Health Specialists; HAS-Hearing Aid Specialists; RT-Respiratory Therapists
*As of January 14, 2008 (includes individual licensees and facilities)
Almost all (nearly 100 percent) of complaints resulting in disciplinary action are resolved through informal resolution, or "stipulated," settlement agreements, in which the practitioner acknowledges the violations and agrees to the terms of the disciplinary action. (See The Complaint Process below.)
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| How to File a Complaint |
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We recommend that consumers fill out a complaint form and submit it via mail, fax or in person. You may also call (503) 373-1904, or e-mail by clicking here.
The complaint form, which can be downloaded here or obtained at our Salem office, asks for specific information regarding your complaint. You need to specify whom the complaint is against, the address and phone number of the individual(s) involved and the type of complaint, such as:
- Competency of services performed
- Standards of practice violation
- Practicing/advertising without a license
You are not required to include your name and contact information on the complaint. However, we prefer to have the opportunity to contact you for more information to assist us in the investigation.
You may elect to keep your name and contact information confidential by checking a box on the form. You cannot remain confidential for service complaints, which are those in which you may be unhappy with the results of a particular service but which do not violate Oregon regulations. (See Question & Answer below.)
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| The Complaint Process |
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After you submit your complaint form, OHLA Regulatory Operations Division staff will review it to determine if the practitioner has violated any Oregon Revised Statutes (ORS) or Oregon Administrative Rules (OAR). If a violation is suspected, OHLA staff will launch an investigation. Investigations may include obtaining documents, interviewing those involved, and reviewing the specifics of the case with the enforcement committee of the related volunteer citizen board or council representing the profession.
If no violation is found, you will receive a letter stating the complaint has been closed. If a violation is found, you will be sent a letter stating that disciplinary action is being taken. You may also be notified to provide additional information or clarification.
Disciplinary action begins with a proposed order, which states the alleged violation(s) and penalties. This information becomes available to you, the complainant, and the public only after a final order is issued. Until a final order is issued, OHLA staff cannot disclose the specific action being taken, even to the person who filed the complaint. Even after a final order, details of the investigation are not usually disclosed.
Disciplinary actions are civil penalties that may include fines up to a maximum of $5,000 and suspension or revocation of a practitioner’s authorization (license, certification or registration) to provide services. OHLA may also require additional education to assist the license holder with compliance issues.
We ask you to be patient during the complaint investigation and resolution. Because of the agency’s complaint caseload, the thoroughness with which we conduct our investigations and the statutory, or legal, steps we must take, resolution of your complaint may take up to several months or longer. However, we make every effort to resolve complaints as quickly as possible.
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| Questions & Answers |
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We hope that you have a positive experience with the professionals licensed and regulated by the Oregon Health Licensing Agency. But if for any reason you feel you have not received the services or products as promised or advertised, you have rights as a consumer.
Following are general questions and answers to help you understand your consumer rights and to help guide you in protecting those rights.
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| Competency of Services |
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Q: What exactly does "competency of services performed" mean?
A: All practitioners are required to meet minimum professional competencies (experience, abilities, skills or expertise). If they do not and their lack of minimum competencies negatively affects the outcome of the goods or services provided, you may have cause to complain. For example:
- If a hair designer does not follow the proper steps in providing a color treatment or permanent wave
- If an athletic trainer does not exhibit proper knowledge and training to prevent, recognize and evaluate athletic injuries and to provide immediate care, as well as rehabilitation and reconditioning services
- If a respiratory therapist does not properly treat, manage, provide diagnostic testing, or control and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system in accordance with the prescription of a licensed physician
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| Standards of Practice |
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Q: What is a "standards of practice" violation?
A: "Standards of practice" are those practice standards set in state law that apply to each regulated profession and usually refer to safety and infection control requirements (i.e. the cleanliness of the facility, whether or not instruments are disinfected or sterilized). Practice standards address requirements as general and basic as hand-washing to the specific and technical, such as the type of prescription, or "legend" drugs direct entry midwives may administer.
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| Not Happy with Hearing Aid(s) |
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Q: I just purchased a new set of hearing aids and I’m not happy with them. I would like to return them and want to know my rights as a consumer.
A: You have the right to rescind, or cancel, a hearing aid purchase if you:
- Return the hearing aid within 30 days of purchase
- Provide written notice in person or by certified mail return receipt requested
- Return the hearing aid in good condition "less normal wear and tear"
Be sure to work with your hearing aid specialist first to determine if adjustments could be made to the aid(s) to provide you with satisfactory hearing results before you decide to return the aid(s).
Your complete rescission rights are required to be on the purchase agreement that hearing aid specialists must give to you before you agree to purchase a hearing aid(s).
You are entitled to a refund of your purchase price, minus a maximum of 10 percent of the total purchase price, or $250 per hearing aid, whichever amount is less. The 10 percent / $250 maximum amount a hearing aid specialist may retain on returned hearing aids is allowed by law to protect consumers while also allowing the practitioner to recoup costs associated with the initial fitting of the hearing aid.
NOTE: The 10 percent / $250 maximum fee on returns is negotiable, so be sure to discuss with your practitioner the details-including costs-of the hearing aid(s) purchase before signing the purchase agreement.
As with any major purchase, be sure you understand all of the details before you sign on the "dotted line." The purchase agreement is legally binding, but any oral agreement you make is not. Taking notes sometimes help to clarify any issues or questions you may have as well as assist the agency if an investigation is necessary.
For more information on hearing aid consumer rights and protections, click here.
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| Dentures Do Not Fit |
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Q: My dentures are making my mouth sore. I have gone back to my denturist several times but my dentures still aren’t comfortable. What can I do?
A: You may need to make several return visits to your denturist for adjustments to achieve a proper fit. However, if you’re not experiencing any improvement over the span of several visits, please contact OHLA's Regulatory Operations Division via e-mail or at (503) 373-1904.
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| Is My Midwife Licensed? |
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Q: My health insurance requires that if I use a midwife to delivery my baby, the midwife must be licensed. How do I find a licensed midwife and how do I determine the qualifications of the midwife?
A: You can quickly access our public license database of licensed direct entry midwives (LDMs) and other agency-regulated professionals by using OHLA's online License Inquiry feature on our Web site.
All LDMs must meet professional qualifications set in state law regarding training, education and experience. As with all OHLA-regulated professions, you may contact the agency’s Regulatory Operations Division via e-mail or at (503) 373-1904 to request information regarding complaints or disciplinary actions taken against a particular practitioner.
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| Teen-Age Tattoos Prohibited |
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Q: To my surprise, my 16-year-old daughter just came home with a tattoo. I didn’t give her permission. Are there regulations regarding the tattooing of minors?
A: In Oregon, tattooing is prohibited on anyone under the age of 18-regardless of parental or legal guardian consent. In other words, even if you had given your daughter permission, the tattoo artist who gave her the tattoo would be in violation of state law and subject to disciplinary action.
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| Parents, Piercing & Permission |
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Q: To my surprise, my 16-year-old son just came home with a tongue piercing. I contacted the piercing parlor and was told an adult signed a consent form. What can I do?
A: In Oregon, a parent or legal guardian must present current government-issued photographic identification at the time of signing a consent form for the piercing of anyone under the age of 18. However, the facility is not required to verify the authenticity of the person signing the consent form.
OHLA has no legal jurisdiction over fraudulent criminal activity. Please contact your local law enforcement agency if you believe someone has committed fraud by presenting themselves to be your child’s parent or legal guardian.
However, if the facility failed to obtain a signed consent form prior to the piercing of a minor, it is in violation of state law and subject to disciplinary action. Please file a complaint with the agency and we will conduct an investigation and take appropriate disciplinary action against the practitioner.
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