Loading
 

 

Oregon Bulletin

April 1, 2012

Oregon Health Licensing Agency, Chapter 331

Rule Caption: Specify hearing request and answer requirements for certain programs OHLA related to potential disciplinary action.

Adm. Order No.: HLA 1-2012(Temp)

Filed with Sec. of State: 3-1-2012

Certified to be Effective: 3-1-12 thru 8-27-12

Notice Publication Date:

Rules Amended: 331-020-0020

Subject: Amend OAR 331-020-0020 to delineate which programs under OHLA have more complexity and warrant a more specific response from the respondent when requesting a hearing. The following practices have been deemed more complex: direct entry midwifery, sex offender treatment therapy, respiratory care and polysomnography. The amendment would also allow the respondent to amend the response and answer within 10 day before the scheduled contested case hearing. Hearing requests under all other OHLA programs are deemed a general denial of the matters alleged in the notice and no specific response is necessary.

Rules Coordinator: Samantha Patnode—(503) 373-1917

331-020-0020

Hearing Requests and Answers; Consequences of Failure to Answer

(1) A hearing request, and answer when required, shall be made in writing to the Agency by the party or the party’s attorney.

(2) An answer shall be made in writing to the Agency with any request for a hearing on a matter related to violations alleged under ORS 675.360 to 675.410, 687.405 to 687.495, 688.808 to 688.840, the rules adopted thereunder, or violations alleged under 676.612 when related to the practice of direct entry midwifery, sex offender treatment, respiratory care or polysomnography. The answer shall include the following:

(a) An admission or denial of each factual matter alleged in the notice; and

(b) A short, concise statement of each relevant affirmative defense the party may have.

(3) When an answer is required:

(a) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted;

(b) Failure to raise a particular defense in the answer will be considered a waiver of such defense;

(c) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency; and

(d) Evidence shall not be taken on any issue not raised in the notice and the answer.

(4) When an answer is required, the party or party’s attorney may amend the response and answer, but no later than 10 days before the scheduled contested case hearing.

Stat. Auth.: ORS 183
Stats. Implemented: ORS 183
Hist.: HLO 1-2004, f. & cert. ef. 2-13-04; HLA 1-2012(Temp), f. & cert. ef. 3-1-12 thru 8-27-12


 

Rule Caption: Amend requirements for electrology including practice and sterilization standards.

Adm. Order No.: HLA 2-2012(Temp)

Filed with Sec. of State: 3-1-2012

Certified to be Effective: 3-1-12 thru 6-25-12

Notice Publication Date:

Rules Adopted: 331-910-0070, 331-910-0075, 331-910-0080, 331-910-0085

Rules Amended: 331-910-0010, 331-910-0015, 331-910-0020, 331-910-0025, 331-910-0040, 331-910-0045, 331-910-0055, 331-910-0065

Subject: Amend electrology licensing requirements including delineating which standards must be followed.

 Adopt specific requirements for hand washing techniques and use of protective gloves. Clarify process used to clean, disinfect and sterilize reusable instruments including immersing reusable instruments in a protein dissolving detergent or enzyme cleaner instead of an ultrasonic unit. Allow for use of a dry heat sterilizer to sterilize reusable instruments.

 Adopt general requirements related to safety and infection control including disposal process of waste including sharp objects, maintaining strength of certain disinfectants, storage of chemicals and cleanliness of the facility where services are provided.

 Adopt client record requirements to ensure accurate records are kept for client safety and protection.

Rules Coordinator: Samantha Patnode—(503) 373-1917

331-910-0010

Electrology Temporary License

(1) An electrology temporary license pursuant to ORS 690.365 is a temporary license to perform electrology services on a limited basis, not to exceed 15 consecutive calendar days. A electrology temporary license holder;

(a) May renew up to four times in a 12 month period from the date the Agency receives the initial application.

(b) Must submit all requests to renew on a form prescribed by the Agency and received 15 days before electrology services are provided unless otherwise approved by the Agency.

(c) Must submit notification of a change in work location at least 24 hours before services are performed on a form prescribed by the Agency; and

(d) Must work in a licensed facility.

(2) An electrology temporary license holder must adhere to standards within OAR 331-910-0065, 331-910-0070, 331-930-0005, 331-930-0010, 331-930-0015 and 331-930-0015.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0015

Application Requirements for Electrology Temporary License

An individual applying for a Electrology Temporary License must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(3) Submit proof of being 18 years of age. Documentation may include identification listed under OAR 331-030-0000;

(4) Submit proof of having a high school diploma or General Education Degree (GED);

(5) Submit proof of current training in blood-borne pathogens; and

(6) Attest to six months of training or experience, within the last two years, performing electrology on a form prescribed by the Agency; or

(7) Submit affidavit of licensure pursuant to OAR 331-030-0040.

(8) Applications must be received 15 days before electrology services are provided.

(9) For the purpose of this rule training or experience includes attendance or participation at an instructional program presented, recognized, or under the sponsorship of any permanently organized institution, agency, or professional organization or association recognized by the Agency.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0020

Electrology License

(1) An electrologist, licensed under ORS 690.365, may perform electrology services.

(2) An electrologist license is good for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) An electrology temporary license holder must adhere to standards within OAR 331-910-0065, 331-910-0070, 331-930-0005, 331-930-0010, and 331-930-0015.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0025

Application Requirements for Electrology License

(1) An individual applying for licensure to practice electrology must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(c) Submit documentation showing proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(d) Submit proof of having a high school diploma or general education degree (GED) equivalent.

(e) Provide documentation of completing a qualifying pathway.

(2) License Pathway 1 — Graduate from a Licensed Electrology School:

(a) Submit official transcript from a licensed electrology school showing proof of completion of required electrology curriculum as determined by the agency under OAR 331-910-0005;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination in accordance with OAR 331-910-0030(1)(a) within two years from the date of application;

(d) Submit passing score of an Agency approved practical examination in accordance with OAR 331-910-0030(1)(b) within two years from the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(f) An applicant is not required to provide proof of official transcripts in a field of practice if the applicant was previously licensed as an electrologist in Oregon.

(4) License Pathway 2 — Reciprocity:

(a) Submit an affidavit of licensure pursuant to OAR 331-030-0040 demonstrating proof of current license, which is active with no current or pending disciplinary action, as an electrologist. The license must have been issued by a regulatory body of another state or a national association recognized by the agency;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination in accordance with OAR 331-910-0030(1)(a) within two years from the date of application;

(d) Submit passing score of an Agency approved practical examination in accordance with OAR 331-910-0030(1)(b) within two years from the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0040

Written Examination Retake Requirements

(1) Failed sections of a written or examination may be retaken as follows:

(a) After first failed attempt — applicant may not retake for seven calendar days;

(b) After second failed attempt — applicant may not retake for seven calendar days;

(c) After third failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit an official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-910-0005 from a career school licensed under ORS 345 on a form prescribed by the Agency;

(d) After fourth failed attempt — applicant may not retake for seven calendar days;

(e) After fifth failed attempt — applicant may not retake for seven calendar days;

(f) After sixth failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit an official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-910-0005 from a career school licensed under ORS 345 on a form prescribed by the agency;

(g) After seventh failed attempt — ability to retake, requirements for retake, or both will be determined by the Agency on a case-by-case basis.

(2) Applicants retaking the examination must meet the requirements under OAR 331-030-0000.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0045

Practical Examination Retake Requirements

(1) Failed practical examinations may be retaken at a date and time determined by the Agency. Applicants retaking a failed practical must notify the Agency within 30 days before the next scheduled examination date and pay all examination fees.

(2) Applicants who fail to pass the practical examination for electrology after three attempts (initial examination plus two retakes):

(a) Must wait 30 calendar days to retake the practical examination;

(b) Must pay all additional fees;

(c) Must submit an official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-910-0005 from a career school licensed under ORS 345 on a form prescribed by the agency;

(3) After third failed attempt — ability to retake, requirements for retake, or both will be determined by the Agency on a case-by-case basis.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0055

Continuing Education for Electrology License

A licensed electrologist must comply with the following continuing education requirements:

(1) Complete 8 clock hours of satisfactory continuing education courses either as one unit or combination of units, every year.

(2) Satisfactory continuing education courses must fit into the approved course of study outlined in OAR 331-910-0005, and must be obtained as follows:

(a) Four hours must involve participation or attendance at an instructional program presented, recognized, or under the auspices of any permanently organized institution, agency, or completion and certification by an approved national home study organization; and

(b) Four hours may be self-study which may include the following:

(A) Correspondence courses including online courses;

(B) Review of publications, textbooks, printed material, or audio cassette(s);

(C) Viewing of films, videos, or slides;

(3) A licensee must report compliance with the continuing education requirement through attestation on the license renewal document. Licensees will be subject to the provisions of OAR 331-910-0060 pertaining to periodic audit of continuing education.

(4) A licensee may carry up to 8 continuing education hours forward to the next renewal cycle.

(5) Continuing education is required for renewal, every year, even if the license has been inactive or suspended.

(6) A licensee must maintain proof of continuing education for five years following the date of the continuing education hours obtained, for auditing purposes.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0065

Electrology Prohibitions

(1) Electrologists are prohibited from performing services on treatment areas with high propensity towards bacterial colonization, such as nostrils and ear canals.

(2) Electology is prohibited on clients with a pacemaker.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0070

Electrology Standards

(1) Electrologists may provide clients with written information on electrolysis procedures, for the purpose for asking specific questions regarding the client’s general health, and that any recommendation for medical attention is not to be construed as a medical referral or diagnosis of a physical disease or ailment.

(2) Electrologists must first obtain written authorization from a physician when any of the following exists:

(a) Request for hair removal from moles; or

(b) Removal of eyelashes.

(3) Notwithstanding OAR 331-930-0015(2)(f) electrologists may use towels and linens when providing electrology services. When using towels and linens the following standards must be met:

(a) Clean linens must be used for each client;

(b) Use of a common towel is prohibited;

(c) Clean towels and linens must be enclosed in a clean storage area or in a closed container until needed;

(d) Used linens must be disposed of or stored in a closed or covered container until laundered; and

(e) Used linens must be laundered either by a regular commercial laundering or by a noncommercial laundering process which includes use of commercial laundry detergent manufactured for the specific purpose of cleaning clothes, linens or other washable fabric, and immersion in hot water during the wash and rinse cycle.

(4) Notwithstanding OAR 331-930-0020 electrologists must observe and adhere to the following hand washing and disposable glove standards when servicing clients:

(a) HAND WASHING: Hands must be washed before and after treatment of each client, and before putting on disposable gloves and immediately after disposable gloves are removed;

(b) Thorough hand washing must be by use of soap and water or other alternative hand washing product, immediately before and after serving each client. Use of bar soap is prohibited.

(5) Notwithstanding OAR 331-930-0020 an electrologist must observe and adhere to the following protective disposable glove standards when servicing clients:

(a) PROTECTIVE DISPOSABLE GLOVES: A new pair of disposable gloves must be worn during the treatment of each client;

(b) Hands must be washed in accordance with hand washing instructions listed in Subsection (4) of this rule before putting on disposable gloves and immediately after disposable gloves are removed;

(c) When a treatment session is interrupted disposable gloves must be removed and discarded. A new pair of disposable gloves must be put on when returning to the electrology service area.

(d) When disposable gloves are removed during a treatment session, hands must be washed in accordance with hand washing instructions listed in Subsection (7) of this rule and a new pair of disposable gloves used before continuing treatment on the client;

(e) Disposable gloves must be removed before leaving the area where electrology services are performed.

(f) Disposable gloves must be worn during the procedures of mechanical pre-cleaning, cleaning, rinsing, and drying of equipment and instruments;

(g) Torn or perforated disposable gloves must be removed immediately, and hand washing instructions listed in Subsection (4) of this rule must be followed.

(h) The use of disposable gloves does not preclude or substitute for hand washing procedures.

(6) A client’s skin must be thoroughly cleaned with an antiseptic.

Stat. Auth: ORS 676.607 & 676.615
Stats. Implemented: ORS 676.606, 676.607, 690.350, 690.365, 690.390 & 690.405
Hist.: HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0075

Sterilization Standards for Electrology

(1) Needles are single use and must be used on one client then disposed of in a sharps container defined under OAR 331-930-0000.

(2) All reusable instruments that come in direct contact with a client’s skin or are exposed to blood or bodily fluid must be sterilized before re-use on another client.

(3) New gloves must be worn during any sterilization procedure.

(4) The cleaning, disinfection and sterilization process listed in Subsection (5) of this rule is not required if single-use prepackaged sterilized instruments, obtained from suppliers or manufacturers are used.

(5) Approved cleaning, disinfection and sterilization process for reusable instruments includes the following ordered method after each use:

(a) Clean reusable instruments by manually brushing or swabbing visible foreign matter and rinsing the reusable instruments with warm water and an appropriate detergent solution to remove blood and bodily fluids;

(b) Disinfect reusable instruments by Immersing reusable instruments in a high level disinfectant. Instruments must be fully submerged to ensure contact with all surfaces for an amount of time specified in the manufacturer’s instructions. All hinged instruments must be in the open position;

(c) Clean and disinfected reusable instruments must be rinsed, dried and placed in an ultrasonic unit that operates at 40 to 60 hertz which is filled with an appropriate ultrasonic solution including but not limited to an enzymatic cleaner or rinsed, patted dry and submerged and soaked in a protein dissolving detergent or enzyme cleaner, followed by a thorough rinse;

(d) Remove reusable instruments from the ultrasonic unit or protein dissolving detergent or enzyme cleaner. All instruments must be rinsed, dried, and individually packaged in sterilization pouches that include use of a chemical indicator strip to assure sufficient temperature during each sterilization cycle. The date the sterilization was performed must be applied to the sterilization pouch;

(e) Individually packaged reusable instruments must be sterilized by using an autoclave sterilizer (steam or chemical), or dry heat sterilizer registered and listed with the FDA;

(f) After sterilization, the reusable instruments must be stored in a dry, disinfected, closed cabinet or other tightly-covered container reserved for the storage of such reusable instruments.

(6) Use of a biological monitoring system (“spore tests”) must be done at least once a month, verified through an independent laboratory, to assure all microorganisms have been destroyed and sterilization achieved.

(7) All sterilization pouches listed in subsection (5)(c) of this rule must contain a color indicator strip which measures temperature control and general functioning of the equipment.

(8) Biological spore test results listed in subsection (6) of this rule must be immediately available at all times for inspection by the Agency and kept at facility premises for a minimum of two years. Biological spore test results must be on laboratory letterhead and must contain the test date, and the name, model and serial number (if applicable) of the sterilizer tested.

(9) The autoclave sterilizer (steam or chemical), or dry heat sterilizer listed in subsection (5)(d) of this rule must be used, cleaned, and maintained in accordance with manufacturer’s instructions and a copy of the manufacturer’s recommended procedures for the operation of the autoclave sterilizer (steam or chemical), or dry heat sterilizer must be kept on file at the facility.

(10) The expiration date for sterilized reusable instruments is one year from the date of sterilization unless the integrity of the package is compromised.

(11) Sterilized reusable instruments may not be used if the package integrity has been breached, is wet or stained, or the expiration date has exceeded without first meeting the requirements listed in Subsection (5) of this rule.

(12) All reusable instruments used during electrology services must remain stored in sterile packages until just prior to the performance of an electrology services.

(13) If a biological spore test result listed in Subsection (6) of this rule, is positive, a licensee must discontinue the use of that autoclave sterilizer (steam or chemical), or dry heat sterilizer until it has been serviced and a negative spore test has been recorded before putting that sterilizer back into service. Until a negative spore test has been received, the licensee must:

(a) Use an alternative autoclave sterilizer (steam or chemical), or dry heat sterilizer;

(b) Use only reusable instruments that have a sterilization date before the date the last negative spore test was recorded; or

(c) Use only single use instruments.

(14) Following a negative biological spore test pursuant to Subsection (6) of this rule, reusable instruments which were sterilized following the receipt of the negative spore test must be repackaged and sterilized pursuant to subsection (5) of this rule, before use.

Stat. Auth: ORS 676.607 & 676.615
Stats. Implemented: ORS 676.606, 676.607, 690.350, 690.365, 690.390 & 690.405
Hist.: HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0080

General Standards for Electrology

(1) The cleanliness of any common area of separately licensed facilities in one premise is the responsibility of each license holder. All license holders may be cited for violations found in the common area.

(2) An electrologist licensed to perform services or a licensed facility owner must:

(a) Use and maintain appropriate equipment and instruments for providing services in a field of practice at the place of business;

(b) Use equipment and instruments in a manner described in the manufacturer’s instructions which is consistent with the manufacturer’s intended use of the device by the FDA;

(c) Use equipment and instruments that are not prohibited for use in a field of practice by the Agency or the FDA;

(d) Ensure a high-level disinfectant is used in accordance with manufacturer’s instructions to disinfect surfaces where services are performed.

(e) Ensure chemicals are stored in labeled, closed containers.

(f) Ensure that single-use disposable paper products, single-use needles and protective gloves are used for each client. Use of towels and linens are prohibited except during electrology procedures.

(g) Ensure lavatories located within the facility are kept clean and in good working order at all times. Air blowers within lavatories can be substituted for disposable hand towels.

(h) Ensure all waste material related to a service in a field of practice be deposited in a covered container following service for each client.

(i) Ensure pets or other animals not be permitted in the business facility. This prohibition does not apply to service animals recognized by the American with Disabilities Act or to fish in aquariums or nonpoisonous reptiles in terrariums.

(j) Ensure all disinfecting solutions or agents be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times the facility is open for business.

(k) Ensure waste disposed of in receptacles located in non-service areas is limited to materials, which are not practice-related or used in the performance of any client services.

(l) Ensure all waste items that come in direct contact with the client’s skin that cannot be cleaned, disinfected and sterilized must be disposed of utilizing a “double bagging” technique: completely enclosed inside a discarded glove or disposed of in a sealable plastic bag that is separate from sealable trash or garbage liners in a covered waste receptacle immediately after use.

(m) Ensure disposable sharp objects that come in contact with blood and/or body fluids must be disposed of in a sharps container that is strong enough to protect the licensee and client and others from accidental cuts or puncture wounds that could happen during the disposal process.

(n) Adhere to all Centers for Disease Control and Prevention, Standard Precautions.

(o) Have unrestricted access or availability to a sink with hot and cold running water, as part of surrounding premises or adjacent to the facility. If sink is located within a restroom the licensee must ensure that the sink is disinfected with a high level disinfectant upon completion of a electrology procedure or following the sterilization of equipment.

(3) An electrologist licensee must wear eye goggles, shields or a mask if spattering is possible while providing services.

Stat. Auth: ORS 676.607 & 676.615
Stats. Implemented: ORS 676.606, 676.607, 690.350, 690.365, 690.390 & 690.405
Hist.: HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-910-0085

Client Records

(1) Licensees must maintain client records. The record must include the following for each client:

(a) Name, address, telephone number and date of birth of client;

(b) Date of each service, procedure location on the body and type of service performed on client;

(c) Name and license number of the licensee providing service. If the more than one licensee is providing services the licensee must initial the date of each service performed;

(d) Special instructions or notations relating to the client’s medical or skin conditions including but not limited to diabetes, cold sores and fever blisters, psoriasis or eczema, pregnancy or breast-feeding/nursing.

(e) Complete list of the client’s sensitivities to medicines or topical solutions;

(f) History of the client’s bleeding disorders;

(g) Description of complications during procedure(s);

(h) Signature from the client that they have received the following written and verbal the aftercare instructions:

(A) Care following service;

(B) Possible side effects and complications; and

(C) Restrictions.

(i) Signature from the client that they have been informed, both verbally and in writing, of all information related to the electrology service including possible reactions, side effects and potential complications of the service and consent to obtaining the electrology service; and

(2) A licensee may obtain advice from physicians regarding medical Information needed to safeguard client and licensee. Advice from the physician must be documented in the client record.

(3) For the purpose of (1) and (2) of this rule records must be kept at facility premises for a minimum of three years and must be made immediately available to the agency upon request.

(4) Client records must be typed or printed in a legible format. Client records, which are not readable by the Agency, will be treated as incomplete.

Stat. Auth: ORS 676.607 & 676.615
Stats. Implemented: ORS 676.606, 676.607, 690.350, 690.365, 690.390 & 690.405
Hist.: HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12


 

Rule Caption: Amend equipments for body piercing, tattoo and body art facilities including practice and sterilization standards.

Adm. Order No.: HLA 3-2012(Temp)

Filed with Sec. of State: 3-1-2012

Certified to be Effective: 3-1-12 thru 6-25-12

Notice Publication Date:

Rules Adopted: 331-905-0000, 331-905-0003, 331-905-0005, 331-905-0010, 331-905-0012, 331-905-0014, 331-905-0015, 331-905-0020, 331-905-0025, 331-905-0030, 331-905-0032, 331-905-0034, 331-905-0035, 331-905-0040, 331-905-0045, 331-905-0050, 331-905-0053, 331-905-0055, 331-905-0060, 331-905-0065, 331-925-0050, 331-925-0055

Rules Amended: 331-900-0000, 331-900-0005, 331-900-0010, 331-900-0015, 331-900-0020, 331-900-0030, 331-900-0040, 331-900-0070, 331-900-0085, 331-900-0090, 331-900-0095, 331-900-0100, 331-915-0010, 331-915-0015, 331-915-0020, 331-915-0040, 331-915-0045, 331-925-0000, 331-925-0005, 331-925-0010, 331-925-0015, 331-925-0020, 331-925-0025, 331-925-0030, 331-925-0035, 331-925-0040, 331-930-0000, 331-930-0015, 331-930-0020, 331-930-0025, 331-930-0030

Rules Suspended: 331-905-0000(T), 331-905-0005(T), 331-905-0010(T), 331-905-0015(T), 331-905-0020(T), 331-905-0025(T), 331-905-0030(T), 331-905-0035(T), 331-905-0040(T), 331-905-0045(T), 331-905-0050(T), 331-905-0055(T), 331-905-0060(T), 331-930-0005, 331-930-0010

Subject: Amend body piercing, earlobe piercing and tattoo licensing requirements including delineating which standards must be adhered to for each license type. Repeal requirement that an earlobe piercing licensee must provide proof of current cardiopulmonary resuscitation training. Add specific hand washing and protective gloves requirements for earlobe piercing licensees which aligns with the practice. Allow an earlobe piercing licensee to use hand sanitizer instead of soap and water to accommodate facilities located in settings where hand washing stations are not readily available. Allow hot and cold running water to be located within restrooms to accommodate facilities where hot and cold running water is not immediately accessible within the facility premises

 During the 2011 Legislative Session, HB 2013 was enacted which requires the Oregon Health Licensing Agency (Agency) consult with the Oregon Medical Board (OMB) regarding certain body art practices. Following a presentation to the Oregon Medical Board in October 2011 the Agency received written response from the OMB stating that all the procedures listed in specialty level one and two body piercing services may be considered surgical procedures but with proper training/education and informed consent from clients body piercers may be able to perform certain specialty body piercing procedures.

 On January 1, 2012 the Agency adopted temporary administrative rules for specialty level one and two body piercing, but after further review determined that certain amendments needed to be made in order to make the requirements attainable for individuals seeking licensure in specialty body services. Amend specialty body piercing to specify requirements for specialty cheek piercing, specialty level one genital piercing and specialty level two genital piercing.

 Adopt specialty cheek piercing education and training which consists of 75 hours of theory and practical training including 15 practical operations. This will allow an individual to be licensed to perform standard body piercing and specialty cheek piercings without having to be trained on how to pierce genitals. Amend specialty level one body piercing to include only certain genital piercings and require a total number of genital procedures within at least three different genital piercing categories. Amend specialty level two body piercing to include only certain genital piercings and require a total number of genital procedures within at least three different genital piercing categories.

 Body piercing licensees who obtained their license prior to January 1, 2012, must qualify for licensure as a specialty cheek, specialty level one genital or specialty level two genital piercer. Qualifications include licensure as a standard body piercer, years of experience, client records, which would ask for a total number of genital piercings within at least three categories and references.

 Individuals seeking licensure after January 1, 2012, as a specialty cheek, specialty level one genital or specialty level two genital piercer must qualify for licensure through the following pathways: graduate from an Oregon licensed career school or qualification through a specialty cheek, specialty level one genital or specialty level two genital piercer trainee license. Trainees must be under direct supervision. Require for education and training begin January 1, 2013, for specialty cheek piercing, specialty level one genital piercing and specialty level two genital piercing.

 Supervisors must qualify to train specialty cheek, specialty level one genital or specialty level two genital piercing trainees qualifications include years of experience, written and practical examination professional references.

 Require that each licensee provide a uniform document which provides procedures, risks and alternatives related to specialty cheek, specialty level one genital or specialty level two genital piercings. The informed consent document would also include disclosure of the number of specific piercings being performed on the client. The client is required to sign that they have been informed and agree to the procedure.

 Amend facility application requirements to reflect the holder of a facility being a natural person, rather than a corporation and align appropriate fees. Adopt standards that must be followed by the owner of a facility and standards for operating a facility within a residence.

 Eliminate electrology from division 930. Amend standards division to include only body piercing and tattooing and specify when the standards apply to earlobe piercing. Repeal facility standards and standards for facilities in a residence and move to division 925. Add prohibited acts for body piercing and tattooing. Specify process for disposing of sharp objects and streamline cleaning, disinfection and sterilization process.

Rules Coordinator: Samantha Patnode—(503) 373-1917

331-900-0000

Body Piercing Definitions

The following definitions apply to OAR chapter 331, division 900:

(1) “Affidavit of Licensure” has the meaning set forth in OAR 331-030-0040.

(2) “Agency” means the Oregon Health Licensing Agency.

(3) “APP” means Association of Professional Piercers.

(4) “Body piercing” has the definition set forth in ORS 690.350.

(5) “Earlobe piercing services” means services limited to the soft lower part of the external ear only, not to include cartilage.

(6) “Direct supervision” means the supervisor or instructor is present in the facility and actively involved in direct oversight and training of students.

(7) “Field of practice” has the definition set forth in ORS 690.350.

(8) “High-level disinfectant” means a chemical agent, registered with the EPA, which has demonstrated tuberculocidal activity.

(9) “Official transcript” means:

(a) An original document authorized by the appropriate office in the Oregon Department of Education and certified by a career school licensed under ORS chapter 345 indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, enrollment information and a signature by an authorized representative on file with the Agency. Original documents must be submitted directly to the Agency from the educational institution by United States Postal Service mail or other recognized mail service providers in a sealed envelope; or

(b) A document authorized by the appropriate office in the Oregon Department of Education and certified by career school licensed under ORS chapter 345 providing applicant identity information, field(s) of practice studied and completed, specific hour requirements for each field of practice if applicable, enrollment information and a signature by an authorized representative on file with the Agency. Non-original documents shall only be accepted when and in the manner approved by the Agency

(10) “Practitioner” means a person licensed to perform services included within a field of practice.

(11) “Single point piercing”, also referred to as an anchor or microdermal, means a single point perforation of any body part for the purpose of inserting an anchor with a step either protruding or flush with the skin;

(12) “Standard body piercing” includes all body piercings with the exception of specialty cheek piercings, specialty level one genital piercings and specialty level two genital piercings defined under 331-905-0000. Standard body piercing services does not include testes, deep shaft (corpus cavernosa), uvula, eyelids, or sub-clavicle piercings.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0005

Standard Body Piercing Education or Training

All education curriculum or training for standard body piercing must meet requirements set forth by the Oregon Health Licensing Agency prior to beginning training or education. The theory portion of the curriculum or training must be done prior to the practical portion of the curriculum or training.

(1) Education Requirements Standard Body Piercing Student: Standard body piercing career school course of study must include 1150 hours of theory and practical education. The education must include a minimum of 250 hours of theory instruction, 900 hours of practical experience and a minimum of 400 practical operations.

(2) The 400 practical operations required under (1) of this rule must include:

(a) 100 practical operations observed by the student;

(b) 100 practical operations in which the student participated; and

(c) 200 practical operations performed by the student under direct supervision, but without assistance.

(3) The 250 hours of theory instruction required in (1) of this section must include the following:

(a) Anatomy, Physiology & Histology: 70 hours;

(b) Infection control: 50 hours;

(c) Jewelry: 15 hours;

(d) Equipment: 20 hours;

(e) Environment: 15 hours;

(f) Ethics and legalities: 15 hours;

(g) Emergencies: 5 hours;

(h) Client consultation: 30 hours.

(i) Oregon laws and rules: 20 hours; and

(j) Discretionary related to body piercing: 10 hours

(4) The 900 hours of practical experience required in (1) of this rule must include client consultation, cleaning, disinfection and sterilization.

(5) The 400 practical operations must include the content listed in section (4) of this rule and the standard body piercing procedures listed in subsections (a) through (q) below:

(a) Ear lobe: minimum of 10;

(b) Helix: minimum of 10;

(c) Conch: minimum of 10;

(d) Industrial: minimum of 10;

(e) Rook: minimum of 10;

(f) Tragus: minimum of 10;

(g) Tongue: minimum of 10;

(h) Navel: minimum of 10;

(I) Male nipple: minimum of 10;

(j) Female nipple: minimum of 10;

(k) Eyebrow: minimum of 10;

(l) Upper Lip: minimum of 10;

(m) Lower Lip: minimum of 10;

(n) Septum: minimum of 10;

(o) Nostril: minimum of 10;

(p) Single point: minimum of 15;

(q) Additional standard body piercings of choice: minimum of 35 procedures.

(6) As part of the approved course of study, all hours of theory must be completed prior to practical work being performed.

(7) Education must be conducted by Department of Education, Private Career School licensed instructor who holds an active standard body piercing license.

(8) A Department of Education, Private Career School licensed instructor must provide direct supervision of practical training on a one-to-one student/teacher ratio for students performing practical training while working on the general public.

(9) Supervised Training Requirements for Standard Body Piercing Trainee: Supervised training requirements for standard body piercing trainees: Standard body piercing training program must include must include 1150 hours of theory and practical education. The training must include a minimum of 250 hours of theory instruction, 900 hours of practical experience and a minimum of 400 practical operations.

(10) The 400 practical operations required under (9) of this rule must include:

(a) 100 practical operations observed by the student;

(b) 100 practical operations in which the student participated; and

(c) 200 practical operations performed by the student under supervision, but without assistance.

(11) The 250 hours of theory instruction required in (9) of this section must include the following:

(a) Anatomy, Physiology & Histology: 70 hours;

(b) Infection control: 50 hours;

(c) Jewelry: 15 hours;

(d) Equipment: 20 hours;

(e) Environment: 15 hours;

(f) Ethics and legalities: 15 hours;

(g) Emergencies: 5 hours;

(h) Client consultation: 30 hours.

(i) Oregon laws and rules: 20 hours; and

(j) Discretionary related to body piercing: 10 hours

(12) The 900 hours of practical experience required in (9) of this rule must include client consultation, cleaning, disinfection and sterilization.

(13) The 400 practical operations must include the content listed in section (12) of this rule and the standard body piercing procedures listed in subsections (a) through (q) below:

(a) Ear lobe: minimum of 10;

(b) Helix: minimum of 10;

(c) Conch: minimum of 10;

(d) Industrial: minimum of 10;

(e) Rook: minimum of 10;

(f) Tragus: minimum of 10;

(g) Tongue: minimum of 10;

(h) Navel: minimum of 10;

(I) Male nipple: minimum of 10;

(j) Female nipple: minimum of 10;

(k) Eyebrow: minimum of 10;

(l) Upper Lip: minimum of 10;

(m) Lower Lip: minimum of 10;

(n) Septum: minimum of 10;

(o) Nostril: minimum of 10;

(p) Single point: minimum of 15;

(q) Additional standard body piercings of choice: minimum of 35 procedures.

(14) As part of the approved training, all hours of theory must be completed prior to practical work being performed.

(15) Training must be completed in no less than nine months from the date the Agency issues standard body piercing trainee license.

(16) A supervisor must provide direct supervision of practical training on a one-to-one trainee to trainer ratio when the trainee is working on the general public.

(17) Supervisors of a standard body piercing trainee must adhere to OAR 331-900-0050.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0010

Earlobe Piercing Temporary License

(1) An earlobe piercing temporary license is valid for one year, and may be renewed one time.

(2) An earlobe piercing temporary license may be issued to an individual for a total of two years, no additional applications or renewals will be accepted by the Agency.

(3) An earlobe piercing temporary license holder must adhere to all standards within OAR 331-900-0095, 331-930-0005, 331-925-0050, 331-925-0055, 331-930-0015, and 331-930-0030.

(4) An earlobe piercing temporary license holder, licensed under ORS 690.365, may provide earlobe piercing services only.

(5) Upon renewal, individuals who held a technician registration for ear piercing prior to January 1, 2012, must apply for and meet the application requirements for an earlobe piercing temporary license or apply for and meet the application requirements for a standard body piercing license.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0015

Earlobe Piercing Temporary License Application Requirements

An individual applying for a Earlobe Piercing Temporary License must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(3) Submit proof of being 18 years of age. Documentation may include identification listed under OAR 331-030-0000;

(4) Submit proof of having a high school diploma or General Education Degree (GED);

(5) Submit proof of current blood borne pathogens training from an Agency approved provider;

(6) Submit proof of current basic first aid training from an Agency approved provider;

(7) Pay examination fees;

(8) Submit passing score of Agency approved written examinations in accordance with OAR 331-900-0060(1) and (2) within two years from the date of application;

(9) Upon passage of all required examinations and before issuance of a license, the applicant must pay all license fees.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0020

Standard Body Piercing Trainee License

(1) A standard body piercing trainee license is valid for one year, and may be renewed one time.

(2) A standard body piercing trainee license holder, licensed under ORS 690.365, may provide standard piercing services under the direct supervision of an Agency approved supervisor pursuant OAR 331-900-0050 and 331-900-0055.

(3) Supervisors of a standard body piercing trainee must adhere to OAR 331-900-0050.

(4) A standard body piercing trainee license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-925-0050, 331-925-0055 and OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0030

Standard Body Piercing License

(1) A standard body piercing license holder, licensed under ORS 690.365, may perform standard body piercing services.

(2) A standard body piercing license is good for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) A standard body piercing license holder is prohibited from performing specialty level one services defined under OAR 331-905-0000 or specialty level two services defined under OAR 331-905-0000.

(4) Body piercers licensed prior to January 1, 2012, are prohibited from performing specialty level one services defined under OAR 331-905-0000 or specialty level two services defined under OAR 331-905-0000.

(5) Standard body piercing services does not include uvula, eyelids, or sub-clavicle piercings.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0040

Temporary Standard Body Piercing License

(1) A temporary standard body piercing license pursuant to ORS 690.365 is a temporary license to perform standard body piercing services on a limited basis, not to exceed 15 consecutive calendar days. A temporary standard body piercing license holder:

(a) May renew up to four times in a 12 month period from the date the Agency receives the initial application;

(b) Must submit all requests to renew on a form prescribed by the Agency. Request to renew must be received at least 15 days before standard body piercing services are provided unless otherwise approved by the Agency;

(c) Must submit notification of a change in work location on a form prescribed by the Agency at least 24 hours before services are performed; and

(d) Must work in a licensed facility.

(2) A temporary standard body piercing license holder may only perform standard body piercing services.

(3) A standard body piercing trainee license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-925-0050, 331-925-0055 and OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0070

Written Examination Retake Requirements

(1) Notwithstanding OAR 331-900-0060(1)(a) failed sections the written examination may be retaken as follows:

(a) After first failed attempt — applicant may not retake for seven calendar days;

(b) After second failed attempt — applicant may not retake for seven calendar days;

(c) After third failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit one of the following:

(A) An official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-900-0005 from a career school licensed under 345 on a form prescribed by the agency; or

(B) Documentation from an Agency approved supervisor certifying completion of an additional 100 hours of training in theory, focused on the approved curriculum outlined in OAR 331-900-0005 on a form prescribed by the Agency.

(d) After fourth failed attempt — applicant may not retake for seven calendar days;

(e) After fifth failed attempt — applicant may not retake for seven calendar days;

(f) After sixth failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit one of the following:

(A) An official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-900-0005 from a career school licensed under 345 on a form prescribed by the Agency; or

(B) Documentation from an Agency approved supervisor certifying completion of an additional 100 hours of training in theory, focused on the approved curriculum outlined in OAR 331-900-0005 on a form prescribed by the Agency.

(g) After seventh failed attempt — ability to retake, requirements for retake, or both will be determined by the Agency on a case-by-case basis.

(2) Applicants retaking the examination must meet the requirements under OAR 331-030-0000.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0085

Continuing Education for Standard Body Piercing License

A standard body piercing license holder must comply with the following continuing education requirements:

(1) Complete 10 clock hours of satisfactory continuing education, either as one unit or combination of units, every year.

(2) Satisfactory continuing education courses must fit into the approved course of study outlined in OAR 331-900-0005, and must be obtained as follows:

(a) Five hours must involve participation or attendance at an instructional program presented, recognized, or under the auspices of any permanently organized institution, agency, or completion and certification by an approved national home study organization; and

(b) Five hours may be self-study which may include the following:

(A) Correspondence courses including online courses;

(B) Review of publications, textbooks, printed material, or audio cassette(s);

(C) Viewing of films, videos, or slides;

(3) A licensee must report compliance with the continuing education requirement through attestation on the license renewal document. Licensees will be subject to the provisions of OAR 331-900-0090 pertaining to periodic audit of continuing education.

(4) Hours of continuing education, in excess of the requirement for renewal will not be carried forward.

(5) Continuing education requirements must be met every year, even if the license is inactive or suspended.

(6) A licensee must maintain proof of continuing education for five years following the date of the continuing education hours obtained, for auditing purposes.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0090

Continuing Education: Audit, Required Documentation and Sanctions

(1) The Agency will audit a select percentage of licenses determined by the Board to verify compliance with continuing education requirements.

(2) Licensees notified of selection for audit of continuing education attestation must submit to the agency, within 30 calendar days from the date of notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-900-0085.

(3) Documentation of attendance at a program or course provided by the sponsor must include:

(a) Name of sponsoring institution/association or organization;

(b) Title of presentation and description of content;

(c) Name of instructor or presenter;

(d) Date of attendance and duration in hours;

(e) Course agenda;

(f) Official transcript, diploma, certificate, statement or affidavit from the sponsor, attesting to attendance.

(4) Documentation substantiating the completion of continuing education through self-study must show a direct relation to subjects outlined in OAR 331-900-0005, be submitted on forms provided by the agency and include the following:

(a) Name of sponsor or source, type of study, description of content, date of completion and duration in clock hours;

(b) Name of approved correspondence courses or national home study issues;

(c) Name of publications, textbooks, printed material or audiocassette’s, including date of publication, publisher, and ISBN issued.

(d) Name of films, videos, or slides, including date of production, name of sponsor or producer and catalog number.

(5) If documentation of continuing education is invalid or incomplete, the licensee must correct the deficiency within 30 calendar days from the date of notice. Failure to correct the deficiency within the prescribed time constitutes grounds for disciplinary action.

(6) Misrepresentation of continuing education or failing to meet continuing education requirements or documentation may result in disciplinary action, which may include, but is not limited to assessment of a civil penalty and suspension or revocation of the license.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0095

Earlobe Piercing Standards and Prohibitions

(1) A temporary earlobe piercing license holder must:

(a) Use an earlobe piercing system that pierces an individual’s earlobe by use of a sterile, encapsulated single-use stud with clasp.

(b) Use an earlobe piercing system made of non absorbent or non porous material which can be cleaned and disinfected according to manufacturer’s instructions.

(c) Use single-use prepackaged sterilized ear piercing studs for each client.

(d) Store new or sterilized ear piercing systems separately from used or soiled instruments.

(e) Disinfect all parts of the piercing gun must with a high-level disinfectant which is a chemical agent, registered with the United States Environmental Protection Agency, to be effective against mycobacterium tuberculosis. A list of appropriate United States Environmental Protection Agency registered sterilizers, disinfectants and sanitizers is available at http://www.epa.gov/oppad001/chemregindex.htm

(2) A temporary earlobe piercer may only pierce with an earlobe piercing system; use of a needle is prohibited.

(3) Earlobe piercing system may only be used to pierce the earlobe. Use of an earlobe piercing system on other parts of the body or ear is prohibited.

(4) Piercing with a manual loaded spring operated ear piercing system is prohibited.

(5) Piercing the earlobe with any type of piercing gun which does not use the pre-sterilized encapsulated stud and clasp system is prohibited.

(6) Temporary earlobe piercers are permitted to have hot and cold running water within a restroom as part of surrounding premises or adjacent to the facility.

(7) Notwithstanding OAR 331-930-0020 a temporary earlobe piercing licensee must observe and adhere to the following hand washing and disposable glove standards when servicing clients:

(a) HAND WASHING: Hands must be washed or treated with an antibacterial hand sanitizer before and after treatment of each client, and before putting on disposable gloves and immediately after disposable gloves are removed;

(b) Thorough hand washing or treatment with an antibacterial hand sanitizer must be by use of soap and water or other alternative hand washing product, immediately before and after serving each client. Use of bar soap is prohibited.

(8) Notwithstanding OAR 331-930-0020 a temporary earlobe piercing licensee must observe and adhere to the following protective disposable glove standards when servicing clients:

(a) PROTECTIVE DISPOSABLE GLOVES: A new pair of disposable gloves must be worn during the treatment of each client;

(b) Hands must be washed in accordance with hand washing instructions listed in Subsection (7) of this rule before putting on disposable gloves and immediately after disposable gloves are removed;

(c) When a treatment session is interrupted disposable gloves must be removed and discarded. A new pair of disposable gloves must be put on when returning to the earlobe piercing service area.

(d) When disposable gloves are removed during a treatment session, hands must be washed in accordance with hand washing instructions listed in Subsection (7) of this rule and a new pair of disposable gloves used before continuing treatment on the client;

(e) Disposable gloves must be removed before leaving the area where earlobe piercing services are performed.

(f) Disposable gloves must be worn during the procedures of mechanical pre-cleaning, cleaning, rinsing, and drying of equipment and instruments;

(g) Torn or perforated disposable gloves must be removed immediately, and hand washing instructions listed in Subsection (7) of this rule must be followed.

(h) The use of disposable gloves does not preclude or substitute for hand washing procedures listed in Subsection (7) of this rule.

(6) A client’s skin must be thoroughly cleaned with an antiseptic.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-900-0100

Standard Body Piercing Practice Standards and Prohibitions

(1) Piercing is prohibited:

(a) On a person under 18 years of age unless the requirements of OAR 331-930-0030 are met.

(b) On the genital or nipple of a person under the age of 18 regardless of parental consent.

(c) On testes, deep shaft (corpus cavernosa), uvula, eyelids and sub-clavicle.

(2) Use of piercing guns is limited to piercing of the earlobe exclusively. No other part of the body or ear shall be pierced by use of a piercing gun.

(3) Piercing with a manual loaded spring operated piercing gun is prohibited.

(4) Piercing the earlobe with any type of piercing gun which does not use a pre-sterilized encapsulated stud and clasp system is prohibited.

(5) The Agency adopts the Association of Professional Piercers 2005 Procedure Manual by reference which must be used by licensees as a standard of care for body piercing best practices. The procedure manual can be located at http://www.safepiercing.org/publications/procedure-manual/

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0000

Specialty Body Piercing Definitions

The following definitions apply to OAR chapter 331, division 900:

(1) “Affidavit of Licensure” has the meaning set forth in OAR 331-030-0040.

(2) “Agency” means the Oregon Health Licensing Agency.

(3) “APP” means Association of Professional Piercers.

(4) “Body piercing” has the definition set forth in ORS 690.350.

(5) “Direct supervision” means the supervisor or instructor is present in the facility and actively involved in direct oversight and training of students.

(6) “Field of practice” has the definition set forth in ORS 690.350.

(7) “Official transcript” means:

(a) An original document authorized by the appropriate office in the Oregon Department of Education and certified by a career school licensed under ORS chapter 345 indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, enrollment information and a signature by an authorized representative on file with the Agency. Original documents must be submitted directly to the Agency from the educational institution by United States Postal Service mail or other recognized mail service providers in a sealed envelope; or

(b) A document authorized by the appropriate office in the Oregon Department of Education and certified by career school licensed under ORS chapter 345 providing applicant identity information, field(s) of practice studied and completed, specific hour requirements for each field of practice if applicable, enrollment information and a signature by an authorized representative on file with the Agency. Non-original documents shall only be accepted when and in the manner approved by the Agency.

(8) “Practitioner” means a person licensed to perform services included within a field of practice.

(9) “Specialty level one genital piercing” includes the following:

(a) Male genital piercings including the scrotum, frenum, foreskin, or the perineum behind the scrotum, and the piercing of the penis through the urethra and exiting on the underside of the penis (called a “Prince Albert”); and

(b) Female genital piercing including the labia major, labia minor, frenulum labiorum pudenda (the perineum between the vagina and the anus), a piercings of the clitoral hood (called a “Princess Diana”), piercing of the perineum through the vaginal opening (fourchette) and piercings of the pubic mound.

(10) “Specialty level two genital piercing” includes the following:

(a) Male genital piercings including: a vertical piercing through the glans of the penis (called an “apadravya”), horizontal piercing through the glans of the penis (called an “ampallang”), a piercing through the corona or ridge of the glans of the penis (called a “dydoe”), a piercing of the penis entering through the urethra and exiting on the upper side of the penis (called a “reverse Prince Albert”); and

(b) Female genital piercings including the clitoris, a piercing in which jewelry is inserted below the hood behind the clitoris (called a “triangle”), and a piercing of the vagina through the urethra and exiting on the upper side of the vagina (called a “Princess Albertina”).

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0003

Specialty Cheek Piercing Education or Training

Beginning on January 1, 2013, all education curriculum or training for specialty cheek piercing must meet requirements set forth by the Oregon Health Licensing Agency prior to beginning training or education. The theory portion of the curriculum or training must be done prior to the practical portion of the curriculum or training.

(1) Education Requirements for Specialty Cheek Piercing Student: Specialty cheek body piercing career school course of study must include 75 hours of theory and practical education. The education must include a minimum of 20 hours of theory instruction, 55 hours of practical experience and a minimum of 15 practical operations.

(2) The 15 practical operations required must include:

(a) Three practical operations observed by the student;

(b) Three practical operations in which the student participated; and

(c) Nine practical operations performed by the student under direct supervision, but without assistance.

(3) The 20 hours of theory instruction required must:

(a) Facial Anatomy & Physiology: 10 hours;

(b) Emergencies related to cheek piercing: 5 hours;

(c) Client consultation related to cheek piercing: 5 hours.

(4) The 55 hours of required practical training must include client consultation, cleaning, disinfection and sterilization.

(5) The 15 practical operations must include the content listed in section (4) of this rule and the specialty cheek piercing procedure

(6) As part of the approved course of study, all hours of theory must be completed prior to practical work being performed.

(7) Education must be conducted by Department of Education, Private Career School licensed instructor who holds an active specialty cheek piercing license.

(8) A Department of Education, Private Career School licensed instructor must provide direct supervision of practical training on a one-to-one student/teacher ratio for students performing practical training while working on the general public.

(9) Supervised Training Requirements for Specialty Cheek Piercing Trainee: The specialty cheek piercing training program consists of 75 hours of theory and practical training. The training must include a minimum of 20 hours of theory instruction, 55 hours of practical experience and a minimum of 15 practical operations.

(10) The 15 practical operations required must include:

(a) Three practical operations observed by the student;

(b) Three practical operations in which the student participated; and

(c) Nine practical operations performed by the trainee under direct supervision, but without assistance.

(11) The 20 hours of theory instruction required must include:

(a) Facial Anatomy & Physiology: 10 hours;

(b) Emergencies related to cheek piercing: 5 hours;

(c) Client consultation related to cheek piercing: 5 hours.

(12) The 55 hours of required practical training must include client consultation, cleaning, disinfection and sterilization.

(13) The 15 practical operations must include the content listed in section (4) of this rule and the specialty cheek piercing procedure

(14) As part of the approved training, all hours of theory must be completed prior to practical work being performed.

(15) Training must be completed in no less than three months from the date the Agency issues a specialty cheek piercing trainee license.

(16) A supervisor must provide direct supervision of practical training on a one-to-one trainee to trainer ratio for trainees performing practical training while the trainee is working on the general public.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415,
Hist.: HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0005

Specialty Level One Genital Piercing Education or Training

Beginning on January 1, 2013, all education curriculum or training for specialty level one genital piercing must meet requirements set forth by the Oregon Health Licensing Agency prior to beginning training or education. The theory portion of the curriculum or training must be done prior to the practical portion of the curriculum or training.

(1) Education Requirements for Specialty Level One Genital Piercing Student: Specialty level one genital piercing career school course of study must include 150 hours of theory and practical education. The education must include a minimum of 30 hours of theory instruction, 120 hours of practical experience and a minimum of 50 practical operations.

(2) The 50 practical operations required must include:

(a) 15 practical operations observed by the student;

(b) 15 practical operations in which the student participated; and

(c) 20 practical operations performed by the student under direct supervision, but without assistance.

(3) The 30 hours of theory instruction required must include:

(a) Genital Anatomy & Physiology: 15 hours;

(b) Ethics and legalities related to genital piercing: 5 hours;

(c) Emergencies related to genital piercing: 5 hours;

(d) Client consultation related to genital piercing: 5 hours.

(4) The 120 hours of required practical training must include client consultation, cleaning, disinfection and sterilization.

(5) The 50 piercings included in the practical training must include at least three different piercing procedures listed in Subsection (a) through (i) below and must include content listed in subsection (4) of this rule:

(a) Frenum;

(b) Scrotum;

(c) Foreskin;

(d) Perineum behind the scrotum (Guiche);

(e) Piercing of the penis through the urethra and exiting on the underside of the penis (Prince Albert);

(f) Labia majora;

(g) Labia minora;

(h) Piercing of the perineum through the vaginal opening (Fourchette);

(i) Vertical piercing of the clitoral hood (Princess Diana);

(6) As part of the approved course of study, all hours of theory must be completed prior to practical work being performed.

(7) Education must be conducted by Department of Education, Private Career School licensed instructor who holds an active specialty level one genital piercing license.

(8) A Department of Education, Private Career School licensed instructor must provide direct supervision of practical training on a one-to-one student/teacher ratio for students performing practical training while working on the general public.

(9) Supervised Training Requirements for Specialty Level One Genital Piercing Trainee: Specialty level one genital piercing training program must include150 hours of theory and practical education. The training must include a minimum of 30 hours of theory instruction, 120 hours of practical experience and a minimum of 50 practical operations.

(10) The 50 practical operations required must include:

(a) 15 practical operations observed by the trainee;

(b) 15 practical operations in which the trainee participated; and

(c) 20 practical operations performed by the trainee under direct supervision, but without assistance.

(11) The 30 hours of theory instruction required must include 20 hours of genital anatomy and physiology, 5 hours of ethics related to genital piercings.

(a) Genital Anatomy & Physiology: 15 hours;

(b) Ethics and legalities related to genital piercing: 5 hours;

(c) Emergencies related to genital piercing: 5 hours;

(d) Client consultation related to genital piercing: 5hours.

(12) The 120 hours of required practical training must include client consultation, cleaning, disinfection and sterilization.

(13) The 50 piercings included in the practical training must include at least three different piercing procedures listed in Subsection (a) through (i) below and must include content listed in subsection (12) of this rule:

(a) Frenum;

(b) Scrotum;

(c) Foreskin;

(d) Perineum behind the scrotum (Guiche);

(e) Piercing of the penis through the urethra and exiting on the underside of the penis (Prince Albert);

(f) Labia majora;

(g) Labia minora;

(h) Piercing of the perineum through the vaginal opening (Fourchette);

(i) Vertical piercing of the clitoral hood (Princess Diana);

(14) As part of the approved training, all hours of theory must be completed prior to practical work being performed.

(15) Training must be completed in no less than three months from the date the Agency issues a specialty level one genital piercing trainee license.

(16) A supervisor must provide direct supervision of practical training on a one-to-one trainee to trainer ratio for trainees performing practical training while the trainee is working on the general public.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0010

Specialty Level Two Genital Piercing Education or Training

Beginning on January 1, 2013, all education curriculum or training for specialty level two genital piercing must meet requirements set forth by the Oregon Health Licensing Agency prior to beginning training or education. The theory portion of the curriculum or training must be done prior to the practical portion of the curriculum or training.

(1) Education Requirements for Specialty Level Two Genital Piercing Student: Specialty level two genital piercing career school course of study must include 220 hours of theory and practical education. The education must include a minimum of 40 hours of theory instruction, 180 hours of practical experience and a minimum of 40 practical operations.

(2) The 40 practical operations required must include:

(a) 10 practical operations observed by the student;

(b) 10 practical operations in which the student participated; and

(c) 20 practical operations performed by the student under direct supervision, but without assistance.

(3) The 40 hours of theory instruction required must include:

(a) Anatomy and physiology related to cheek and genitals: 20 hours;

(b) Ethics and legalities related to genital piercings: 5 hours;

(c) Emergencies related to cheek and genital piercings: 10 hours;

(d) Client consultation related to cheek and genital piercings: 5 hours.

(4) The 180 hours of practice required must include client consultation, cleaning, disinfection and sterilization.

(5) The 40 piercings included in the practical training must include at least three different piercing procedures listed in Subsection (a) through (g) below and must include content listed in subsection (4) of this rule:

(a) Piercing of the penis entering through the urethra and exiting on the upper side of the penis (Reverse Prince Albert):;

(b) Piercing through the corona or ridge of the glans of the penis (Dydoe);

(c) Horizontal piercing through the glans of the penis (Ampallang);

(d) Vertical piercing through the glans of the penis (Apadravya);

(e) Clitoris;

(f) Piercing in which jewelry is inserted below the hood behind the clitoris (Triangle);

(g) Piercing of the vagina through the urethra and exiting on the upper side of the vagina (Princess Albertina).

(6) As part of the approved course of study, all hours of theory must be completed prior to practical work being performed.

(7) Education must be conducted by Department of Education, Private Career School licensed instructor who holds an active specialty level two genital piercing license.

(8) A Department of Education, Private Career School licensed instructor must provide direct supervision of practical training on a one-to-one student/teacher ratio for students performing practical training while working on the general public.

(9) Supervised Training Requirements for Temporary Specialty Level Two Genital Piercing Licensee: Specialty level two genital piercing training program must include a minimum of 40 hours of theory instruction, 180 hours of practical experience and a minimum of 40 practical operations.

(10) The 40 practical operations required must include:

(a) 10 practical operations observed by the student;

(b) 10 practical operations in which the student participated; and

(c) 20 practical operations performed by the student under direct supervision, but without assistance.

(11) The 40 hours of theory instruction required must include:

(a) Anatomy and physiology related to cheek and genitals: 20 hours;

(b) Ethics and legalities related to genital piercings: 5 hours;

(c) Emergencies related to cheek and genital piercings: 10 hours;

(d) Client consultation related to cheek and genital piercings: 5 hours.

(12) The 180 hours of practice required must include client consultation, cleaning, disinfection and sterilization.

(13) The 40 piercings included in the practical training must include at least three different piercing procedures listed in Subsection (a) through (g) below and must include content listed in subsection (12) of this rule:

(a) Piercing of the penis entering through the urethra and exiting on the upper side of the penis (Reverse Prince Albert);

(b) Piercing through the ridge of the glans of the penis (Dydoe);

(c) Horizontal piercing through the glans of the penis (Ampallang);

(d) Vertical piercing through the glans of the penis (Apadravya);

(e) Clitoris;

(f) Piercing in which jewelry is inserted below the hood behind the clitoris (Triangle);

(g) Piercing of the vagina through the urethra and exiting on the upper side of the vagina (Princess Albertina).

(14) As part of the approved training, all hours of theory must be completed prior to practical work being performed.

(15) Training must be completed in no less than three months from the date the Agency issues a specialty level two genital piercing temporary license.

(16) A supervisor must provide direct supervision of practical training on a one-to-one trainee to trainer ratio for trainees performing practical training while the trainee is working on the general public.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0012

Specialty Cheek Piercing License Issued to a Body Piercer Licensed Prior to January 1, 2012

(1) A specialty cheek piercing license holder may pierce the cheek.

(2) A specialty cheek piercing license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) A specialty cheek piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-905-0065, OAR chapter 331 Division 925 when applicable, and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415
Hist.: HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0014

Application Requirements for a Specialty Cheek Piercer Licensed as a Body Piercer Prior to January 1, 2012

(1) An individual applying for licensure who obtained an Oregon body piercing license before January 1, 2012, to qualify for a specialty cheek piercing license, that individual must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(c) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(f) Submit proof of having a high school diploma or General Education Degree (GED);

(g) Submit proof of having a current standard body piercing license which is active with no current or pending disciplinary action.

(h) Submit copies of client records demonstrating proof of having successfully performed a minimum of five specialty cheek piercing; and

(i) Pay all licensing fees.

(2) Experience claimed under subsections (1)(h) of this rule is subject to independent verification by the Agency.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415
Hist.: HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0015

Specialty Level One Genital Piercing License Issued to a Body Piercer Licensed Prior to January 1, 2012

(1) A specialty level one genital piercing license holder may perform services standard body piercing services defined under OAR 331-905-0000.

(1) A specialty level one genital piercing license holder may perform services defined under OAR 331-905-0000(9).

(2) A specialty level one genital piercing license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) A specialty level one genital piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-905-0065, OAR chapter 331 Division 925 when applicable, and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0020

Application Requirements for Specialty Level One Genital Piercer Licensed as Body Piercer Prior to January 1, 2012

(1) An individual applying for licensure who obtained an Oregon body piercing license before January 1, 2012, to qualify for a specialty level one genital piercing license, that individual must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(c) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(f) Submit proof of having a high school diploma or General Education Degree (GED);

(g) Submit proof of having a current standard body piercing license which is active with no current or pending disciplinary action.

(h) Submit copies of client records demonstrating proof of having successfully performed a minimum of 45 specialty level one genital piercings defined under OAR 331-905-0005(5). Client records must demonstrate proof of having performed at least three different piercing procedures listed in OAR 331-905-0005(5); and

(i) Pay all licensing fees.

(2) Experience claimed under subsections (1)(h) of this rule is subject to independent verification by the Agency.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0025

Specialty Level Two Genital Piercing License Issued to a Body Piercer Licensed Prior to January 1, 2012

(1) A specialty level two genital piercing license holder may perform services defined under OAR 331-905-0000(10).

(2) A specialty level two genital piercing license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) A specialty level two genital piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-905-0065, OAR chapter 331 Division 925 when applicable, and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0030

Application Requirements for Specialty Level Two Genital Piercer Licensed as a Body Piercer Prior to January 1, 2012

(1) An individual applying for licensure who obtained an Oregon body piercing license before January 1, 2012, to qualify for a specialty level two genital piercing license, that individual must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(c) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(f) Submit proof of having a high school diploma or General Education Degree (GED);

(h) Submit proof of having a current specialty level one genital piercing license which is active with no current or pending disciplinary action.

(i) Submit copies of client records demonstrating proof of having successfully performed a minimum of 35 specialty level two genital piercings defined under OAR 331-905-0010(5). Client records must demonstrate proof of having performed at least three different piercing procedures listed in OAR 331-905-0010(5); and

(j) Pay all licensing fees.

(2) Experience claimed under subsections (1)(h) and (1)(i) of this rule is subject to independent verification by the Agency.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0032

Specialty Cheek Piercing License

(1) A specialty cheek piercing license pursuant ORS 676.615 may perform cheek piercing.

(2) A specialty cheek piercing license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) A specialty cheek piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-905-0065, OAR chapter 331 Division 925 when applicable, and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415
Hist.: HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0034

Application Requirements for Specialty Cheek Piercing License

(1) An individual applying for licensure to practice specialty cheek piercing must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(c) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000;

(f) Submit proof of having a high school diploma or GED;

(g) Submit proof of having a current standard body piercing license which is active with no current or pending disciplinary action.

(h) Provide documentation of completing a qualifying pathway.

(2) License Pathway 1 – Graduate from an Oregon Licensed Career School for Specialty Cheek Piercing:

(a) Submit official transcript from a specialty cheek piercing career school under ORS 345 and showing proof of completion of required specialty cheek piercing curriculum as approved by the Agency under OAR 331-905-0003 (1) through (8);

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination within two years before the date of application;

(d) Submit a passing score of an Agency approved practical examination in within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(3) License Pathway 2 – Qualification through Specialty Cheek Piercing Trainee License:

(a) Submit documentation approved by the Agency showing proof of having completed required specialty cheek piercing training listed under OAR 331-905-0003(9) through (16) , verified by a supervisor approved under to OAR 331-905-0053, on a form prescribed by the Agency;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination within two years before the date of application;

(d) Submit a passing score of an Agency approved practical examination in within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415
Hist.: HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0035

Specialty Level One Genital Piercing License

(1) A specialty level one genital piercing license pursuant ORS 676.615 may perform standard body piercing services defined under OAR 331-900-0000.

(2) A specialty level one genital piercing license may perform services defined under OAR 331-905-0000(9).

(3) A specialty level one genital piercing license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(4) A specialty level one genital piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-905-0065, OAR chapter 331 Division 925 when applicable, and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0040

Application Requirements for Specialty Level One Genital Piercing License

(1) An individual applying for licensure to practice specialty level one genital piercing must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(c) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000;

(f) Submit proof of having a high school diploma or GED;

(g) Submit proof of having a current standard body piercing license which is active with no current or pending disciplinary action.

(h) Provide documentation of completing a qualifying pathway.

(2) License Pathway 1 — Graduate from an Oregon Licensed Career School for Specialty Level One Genital Piercing:

(a) Submit official transcript from a specialty level one genital piercing career school under ORS 345 and showing proof of completion of required specialty level two genital piercing curriculum as approved by the Agency under OAR 331-905-0005 (1) through (8);

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination within two years before the date of application;

(d) Submit a passing score of an Agency approved practical examination in within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(3) License Pathway 2 – Qualification through Specialty Level One Genital Piercing Temporary License:

(a) Submit documentation approved by the Agency showing proof of having completed required specialty level one genital training listed under OAR 331-905-0005(9) through (17), and verified by a supervisor approved under OAR 331-905-0055, on a form prescribed by the Agency;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination within two years before the date of application;

(d) Submit a passing score of an Agency approved practical examination within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0045

Specialty Level Two Genital Piercing License

(1) A specialty level two genital piercing license may perform standard body piercings services defined under OAR 331-900-0000.

(2) A specialty level two genital piercing license may perform specialty level one genital piercing services defined under OAR 331-905-0000(9).

(3) A specialty level two genital piercing license may perform specialty level two genital piercing services defined under OAR 331-905-0000(10).

(4) A specialty level two genital piercing license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(5) A specialty level two genital piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-905-0065, OAR chapter 331 Division 925 when applicable, and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0050

Application Requirements for Specialty Level Two Genital Piercing License

(1) An individual applying for licensure to practice specialty level two genital piercing must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(c) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(f) Submit proof of having a high school diploma or General Education Degree (GED);

(g) Submit proof of having a current specialty level one genital piercing license which is active with no current or pending disciplinary action.

(h) Provide documentation of completing a qualifying pathway.

(2) License Pathway 1 — Graduate from an Oregon Licensed Career School for Specialty Level Two Genital Piercing:

(a) Submit official transcript from a specialty level two genital piercing career school under ORS 345 and showing proof of completion of required specialty level two genital piercing curriculum as approved by the Agency under OAR 331-905-0010 (1) through (8);

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written within two years before the date of application;

(d) Submit a passing score of an Agency approved practical examination within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(3) License Pathway 2 — Qualification through Specialty Level One Genital Piercing Temporary License:

(a) Submit documentation approved by the Agency showing proof of having completed required specialty level two genital training listed under OAR 331-905-0010 (9) through (17), verified by a supervisor approved under to OAR 331-905-0060 on a form prescribed by the Agency;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination within two years before the date of application;

(d) Submit a passing score of an agency approved practical examination within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0053

Requirements for Specialty Cheek Genital Piercing Supervisor

(1) To be an approved supervisor for a specialty cheek piercing trainee an individual must:

(a) Submit a completed form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000;

(c) Submit proof of having been actively practicing standard body piercing which is active with no current or pending disciplinary action for at least two years prior to submitting application on a form prescribed by the Agency;

(d) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(e) Submit proof of current blood borne pathogens training from an Agency approved provider;

(f) Submit copies of client records demonstrating proof of having successfully performed a minimum of 15 specialty cheek piercings.

(g) Submit copies of client records demonstrating proof of having a minimum of two years of experience successfully performing the specialty cheek piercings procedures listed in paragraph (f) above; and

(h) Provide a list of three professional references on a form prescribed by the Agency.

(2) Experience claimed under subsections (1)(f) and (1)(g) of this rule is subject to independent verification by the Agency.

(3) A specialty cheek piercing supervisor must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-905-0065, OAR 331 division 25 when applicable, and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415
Hist.: HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0055

Requirements for Specialty Level One Genital Piercing Supervisor

(1) To be an approved supervisor for a specialty level one genital piercing trainee an individual must:

(a) Submit a completed form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000;

(c) Submit proof of having been actively practicing standard body piercing which is active with no current or pending disciplinary action for at least two years prior to submitting application on a form prescribed by the Agency;

(d) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(e) Submit proof of current blood borne pathogens training from an Agency approved provider;

(f) Submit copies of client records demonstrating proof of having successfully performed a minimum of 40 of each specialty level one genital piercings defined under OAR 331-905-0000(9). Client records must demonstrate proof of having performed at least three different piercing procedures listed in OAR 331-905-0005(5); and

(g) Submit copies of client records demonstrating proof of having a minimum of two years of experience successfully performing the piercing procedures listed in paragraph (f) above;

(h) Provide a list of three professional references on a form prescribed by the Agency.

(2) Experience claimed under subsections (1)(f), and (1)(g) of this rule is subject to independent verification by the Agency.

(3) A specialty level one genital piercing supervisor must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-905-0065, OAR 331 division 25 when applicable, and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0060

Requirements for Specialty Level Two Genital Piercing Supervisor

(1) To be an approved supervisor for a specialty level two genital piercing trainee an individual must:

(a) Submit a completed form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000;

(d) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(e) Submit proof of current blood borne pathogens training from an Agency approved provider;

(f) Submit copies of client records demonstrating proof of having successfully performed a minimum of 40 of each specialty level two genital piercings defined under OAR 331-905-0000(10). Client records must demonstrate proof of having performed at least three different piercing procedures listed in OAR 331-905-0005(5); and

(g) Submit copies of client records demonstrating proof of having a minimum of two years of experience successfully performing the piercing procedures listed in paragraph (f) above;

(h) Provide a list of references on a form prescribed by the Agency.

(2) Experience claimed under subsections (1)(f) and (1)(g) of this rule is subject to independent verification by the Agency.

(3) A specialty level two genital piercing supervisor must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-905-0065, OAR 331 division 25 when applicable, and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-905-0065

Informed Consent for Certain Body Piercing Procedures

(1) A specialty cheek piercer must provide information prescribed by the Agency to the client, regarding cheek piercing.

(2) A specialty level one genital piercer must provide information prescribed by the Agency to the client, regarding specialty level one genital piercings.

(3) A specialty level two genital piercer must provide information prescribed by the Agency to the client, regarding specialty level two genital piercings.

(4) Informed consent documents for body piercing procedures listed in Subsection (1), (2) and (3) of this rule is published on the Agency’s website at http://www.oregon.gov/OHLA/BAP/forms.shtml.

(5) A specialty cheek piercer must disclose to each client receiving a specialty cheek piercing the number of cheek piercings in which the piercer has completed on clients and which the piercer can verify on a form prescribed by the Agency.

(6) A specialty level one genital piercer must disclose to each client receiving a specialty level one genital piercing the number of specific specialty level one genital piercings which the piercer has completed on clients and which the piercer can verify on a form prescribed by the Agency.

(7) A specialty level two genital piercer must disclose to each client receiving a specialty level two genital piercing the number of specific specialty level two genital piercings which the piercer has completed on clients and which the piercer can verify on a form prescribed by the Agency.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35
Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-915-0010

Tattoo License

(1) A tattoo artist licensed under ORS 690.365 may perform tattooing services.

(2) A tattoo license is good for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) A tattoo license holder must adhere to all standards within OAR 331-915-0065, 331-925-0050, 331-925-0055 and OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-915-0015

Application Requirements for Tattoo License

(1) An individual applying for licensure to practice tattooing must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(c) Submit documentation having completed blood borne pathogens training from an agency approved;

(d) Submit documentation having completed cardiopulmonary resuscitation and basic first aid training from an agency approved provider;

(e) Submit documentation showing proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(f) Submit proof of having a high school diploma or General Education Degree (GED);

(g) Provide documentation of completing a qualifying pathway.

(2) License Pathway 1 — Graduate from an Oregon Licensed Career School for Tattooing:

(a) Submit official transcript from a tattooing career school under ORS 345, and approved by the Agency showing proof of completion of required tattooing curriculum as determined by the agency under OAR 331-915-0005;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination in accordance with OAR 331-915-0030(1) within two years from the date of application;

(d) Submit passing score of an Agency approved practical examination in accordance with OAR 331-915-0030(2) within two years from the date of application;

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(3) License Pathway 2 — Reciprocity:

(a) Submit an affidavit of licensure pursuant to OAR 331-030-0040 demonstrating proof of current license, which is active with no current or pending disciplinary action, as a tattoo artist. The license must have been issued by a regulatory body of another state or a national association recognized by the agency;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination in accordance with OAR 331-915-0030(1) within two years from the date of application; and

(d) Upon passage of all required examinations and before issuance of a license, applicant must pay all license fees.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-915-0020

Temporary Tattoo License

(1) A temporary tattoo license pursuant to ORS 690.365 is a temporary license to perform tattooing services on a limited basis, not to exceed 15 consecutive calendar days. A temporary tattoo license holder;

(a) May renew up to four times in a 12 month period from the date the Agency receives the initial application.

(b) Must submit all requests to renew on a form prescribed by the Agency. Request must be received at least 15 days before tattoo services are provided unless otherwise approved by the Agency.

(c) Must submit notification of a change in work location at least 24 hours before services are performed on a form prescribed by the Agency;

(d) Must work in a licensed facility.

(3) A temporary tattoo license holder must adhere to all applicable standards within OAR 331-915-0065, 331-925-0050, 331-925-0055 and OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-915-0040

Written Examination Retake Requirements

(1) Failed sections of the written examination may be retaken as follows:

(a) After first failed attempt — applicant may not retake for seven calendar days;

(b) After second failed attempt — applicant may not retake for seven calendar days;

(c) After third failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit an official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-915-0005 from a career school licensed under ORS 345 on a form prescribed by the agency;

(d) After fourth failed attempt — applicant may not retake for seven calendar days;

(e) After fifth failed attempt — applicant may not retake for seven calendar days;

(f) After sixth failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit an official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-915-0005 from a career school licensed under ORS 345 on a form prescribed by the Agency;

(g) After seventh failed attempt — ability to retake, requirements for retake, or both will be determined by the Agency on a case-by-case basis.

(2) Applicants retaking the examination must meet the requirements under OAR 331-030-0000.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-915-0045

Practical Examination Retake Requirements

(1) Failed practical examinations may be retaken at a date and time determined by the Agency. Applicants retaking a failed practical must notify the Agency within 30 days before the next scheduled examination date and pay all examination fees

(2) Applicants who fail to pass the practical examination for tattooing after three attempts (initial examination plus two retakes):

(a) Must wait 30 calendar days to retake the practical examination;

(b) Must pay all additional fees;

(c) Must submit an official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-910-0005 from a career school licensed under ORS 345 on a form prescribed by the agency;

(3) After fourth failed attempt — ability to retake, requirements for retake, or both will be determined by the Agency on a case-by-case basis.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0000

Facility License

(1) A location, where services are performed in a field of practice must be a licensed facility defined under ORS 690.350 and licensed under 690.365.

(2) The holder of a facility license must be a natural person.

(3) A facility license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(4) A facility license is not transferable from person to person, business to business, or to a new location. Requirements under OAR 331-925-0005 must be met.

(5) An electrology, body piercing or tattoo facility licensed before January 1, 2012, are valid only for the fields of practice for which those licenses were issued. In order to add additional fields of practice the owner must apply and qualify for a new body art facility license pursuant to OAR 331-925-0005.

(6) A facility must adhere to all standards within OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0005

Application Requirements for Facility Licensure

A facility license may be issued if the applicant:

(1) Meets the requirements of OAR 331 division 30;

(2) Submits the following:

(3) A completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees;

(4) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000,

(5) Provides a map or directions to the facility if it is located in a rural or isolated area;

(6) Provides a list of licensees providing services in the facility.

(7) A current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007;

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0010

Temporary Facility License

(1) A temporary facility license holder defined under ORS 690.350 and licensed under 690.365, may perform services in a field of practice under 690.350.

(2) The holder of a temporary facility license must be a natural person.

(3) A temporary facility license is valid for a limited time not to exceed 15 consecutive calendar days, at settings such as fairs, carnivals or bazaars.

(4) A facility must adhere to all standards within OAR chapter 331, division 930.

(5) A temporary facility license is not an event facility license pursuant to OAR 331-925-0030 which is comprised of individual booths where services in a field of practice are performed.

(6) If a facility owner licensed under OAR 331-925-0000 intends to operate a facility on a limited basis, away from the facility address on file with the Agency, they must obtain a temporary facility license.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0015

Application Requirements for Temporary Facility License

To be issued a temporary facility license the applicant must:

(1) Meets the requirements of OAR 331 division 30;

(2) Submit the following:

(3) A completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees;

(4) Proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000,

(5) A map or directions to the facility if it is located in a rural or isolated area;

(6) A list of licensees providing services in the facility.

(7) A current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007;

(8) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for a facility license.

NOTE: ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0020

Mobile Facility License

(1) Mobile facility license defined under ORS 690.350 means an authorization issued under 690.365 to operate a facility outside of or away from a permanent physical location within an approved enclosed transportable vehicle, such as recreational vehicles or trailers, which has the ability to transport the business operation to multiple locations in the State of Oregon during specific approved periods of time.

(2) A mobile facility is limited to no more than 15 consecutive calendar days at one physical location.

(3) A mobile facility must adhere to all standards within OAR chapter 331, division 930.

(4) The holder of a mobile facility license must be a natural person.

(5) A mobile facility license is not transferable from person to person, business to business or mobile unit to mobile unit. Requirements under OAR 331-925-0025 must be met.

(6) A mobile facility license holder must comply with the following requirements:

(a) Submit written notification on a form prescribed by the Agency for each new physical location where services will be provided in a field of practice. The notification form must be received by the Agency at least 24 hours before services are performed at the new physical location and may be submitted by regular United States Postal Service or by electronic mail or in person at the office.

(b) Remain stationary while services in a field of practice are performed;

(c) Provide each client, verbally and in writing, with the mobile facility name, mobile facility license number, license number and name of the person providing service, permanent address on file with the Agency and telephone number; and

(d) Must display the mobile facility name on file with the Agency on the outside of the mobile facility which is easily visible from the street.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0025

Application Requirements for Mobile Facility License

To be issued a mobile facility license the applicant must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit the following:

(3) A completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees;

(4) Documentation showing proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000;

(5) A map or directions to the facility if it is located in a rural or isolated area;

(6) A list of licensees providing services in the facility.

(7) A current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007;

(8) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for a facility license.

NOTE: ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0030

Event Facility License

(1) Event facility license defined under ORS 690.350 means an authorization issued under 690.365 to operate a facility outside and away from a permanent physical location for specific approved period of time not to exceed 15 consecutive calendar days, for convention, educational, demonstration and exhibition purposes.

(2) An event facility is comprised of individual booths where services in a field of practice are provided.

(3) A representative of the event facility must be available at all times when services are being provided.

(4) An event facility must be inspected by the Agency before services are provided in a field of practice.

(5) An event facility must adhere to all standards within OAR chapter 331, division 930.

(6) Event facility owners must provide a hot and cold running water station for every 10 licensed individuals in a field of practice.

(7) The holder of an event facility license must be a natural person.

(8) An event facility license is not transferable from person to person, business to business, or location to location. Requirements under OAR 331-925-0035 must be met.

(9) For the purpose of this rule a “booth” is 10 feet by 10 feet or 100 square feet of floor space and limited to two licensees.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0035

Application Requirements for an Event Facility License

To be issued an event facility license the applicant must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit completed application form prescribed by the Agency and payment of the required application fees which must be received by the Agency 30 days before the start of the event.

(3) Submit documentation showing proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000;

(4) Provide a map or directions to the facility if it is located in a rural or isolated area;

(5) Submit current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007;

(6) Submit current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for a facility license.

(7) Pay all licensing fees.

NOTE: ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0040

Renewal of a Facility or Mobile Facility License

(1) A licensee is subject to the provisions of OAR chapter 331, division 30 regarding the renewal of a license and provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license.

(2) Facility license renewal under OAR 331-925-0005 or 331-925-0025 this rule is valid for one year.

(3) LICENSE RENEWAL: To avoid delinquency penalties, a facility or mobile facility license renewal must be made prior to the license entering inactive status. The licensee must submit the following:

(a) Renewal application form;

(b) Payment of required renewal fee pursuant to 331-940-0000;

(4) INACTIVE LICENSE RENEWAL: A facility or mobile facility license may be inactive for up to three years. A licensee who is inactive is not authorized to practice. When renewing after entering inactive status, the licensee holder must submit the following:

(a) Renewal application form;

(b) Payment of delinquency and license fees pursuant to OAR 331-940-0000;

(5) EXPIRED LICENSE: A facility or mobile facility license that has been inactive for more than three years is expired and the license holder must reapply and meet the requirements listed in 331-925-0005 or 331-925-0025.

(6) LICENSE RENEWAL — FACILITY LICENSE ISSUED PRIOR TO JANUARY 1, 2012. Electrology, body piercing and tattoo facilities licensed before January 1, 2012 must apply and qualify for a new body art facility license pursuant to OAR 331-925-0005 on or before the electrology, body piercing or tattoo license becomes inactive.

(7) In addition to other requirements of subsection (3) and (4) of this rule, if a facility or mobile facility license changes name or assumed business name the facility must provide that information at the time of renewal:

(a) A current registration as required by Secretary of State, Corporations Division pursuant to under ORS 648.007; and

(b) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an ABN prior to renewing a facility license.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0050

Facility Standards

Facility standards apply to all licensees under ORS 690.350 unless otherwise specified by rule.

(1) A facility owner licensed under OAR chapter 331, division 25 must:

(a) Require each individual working within the facility premises providing services in a field of practice be licensed with the Agency;

(b) Provide a screened or separated area away from public access and viewing, isolated from a reception or waiting area, when services are conducted upon breasts, nipples, genitals or buttocks;

(c) Allow the Agency’s representative to inspect the facility or conduct an investigation. Obstructing or hindering the normal progress of an investigation or the inspection, threatening or exerting physical harm, or enabling another individual or employee to impede an investigation or inspection may result in disciplinary action;

(d) Ensure waste from toilets or lavatories be discharged directly into a public sewer or by a method meeting the requirements of ORS Chapter 454;

(e) Have a sterilization area separated from public areas, service areas and restrooms where decontamination and sterilization of reusable instruments is performed. This rule does not apply to electrology license holders and temporary earlobe piercing license holders.

(f) All surfaces in areas where decontamination and sterilization of reusable instruments are performed must be non-porous;

(g) Hand washing accommodations must be provided in work areas where licensees are exposed to hazardous materials, which will have a harmful effect on or be absorbed through the skin if the contamination is not removed;

(h) Maintain washing accommodations in a clean and sanitary condition;

(i) Ensure all floors, walls and procedure surfaces including counters, tables, and chairs are easily cleanable, non-absorbent and non-porous where services are provided;

(2) When body piercing or tattoo services are provided in a cosmetology facility, body piercing or tattoo services must be separated from cosmetology services by use of a solid barrier to prevent contact with irritants. Electrology services are excluded from this rule.

(3) The facility must comply with all applicable rules and regulations of the Agency and other federal, state, county and local agencies. This includes the following:

(a) Building, fire, plumbing and electrical codes, and with exit and fire standards established by the Building Codes Agency, the Office of the State Fire Marshal;

(b) Oregon Indoor Clean Air Act as it appears in ORS 433.835 through 433.875.

(c) Occupational Safety and Health Act Blood Borne Pathogens Standards under 29 CFR 1910:1030 this includes but is not limited to: individuals providing services in a field of practice, facility owners; and other employees on the facility premises.

(d) ORS Chapter 654 and the Oregon Safe Employment Act if an employee/employer relationship exists.

(e) All applicable Occupational Safety and Health Act standards if an employee/employer relationship exists.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415
Hist.: HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-925-0055

Standards for Facilities Located in Residence

A facility located in a residence must comply with all standards listed in OAR chapter 331, division 925 in addition to the following criteria, unless otherwise specified by rule:

(1) Have an identifying house number or a sign, which is easily visible from the street and indicates the location of the facility;

(2) Be equipped with the structures, accommodations, and equipment which the Agency requires for all facilities; and

(3) Have an entry that is separate from the entry to the living area of the home. The living area of the home must be separated from the facility by solid walls extending from floor to ceiling, with any connecting doors kept closed while the facility is in actual operation.

(4) If a facility was licensed prior to May 2004 and are performing electrology services only, they are exempt from Subsection (3) of this rule.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415
Hist.: HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-930-0000

Definitions

(1) “Agency” means the Oregon Health Licensing Agency.

(2) “EPA” means United States Environmental Protection Agency.

(3) “FDA” means Food and Drug Administration.

(4) “High-level disinfectant” means a chemical agent, registered with the EPA, which has demonstrated tuberculocidal activity.

(5) “Instruments” means equipment used during body piercing services. Types of instruments include but are not limited to needles, forceps, hemostats, tweezers, and jewelry.

(6) “Sharps container” means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal. The container must be labeled with the “Biohazard” symbol.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-930-0005

Facility Standards

(1) A facility owner licensed under OAR chapter 331, division 25 must:

(a) Require each individual working within the facility premises providing services in a field of practice be licensed with the Agency;

(b) Provide a screened or separated area away from public access and viewing, isolated from a reception or waiting area, when services are conducted upon breasts, nipples, genitals or buttocks;

(c) Allow the Agency’s representative to inspect the facility or conduct an investigation. Obstructing or hindering the normal progress of an investigation or the inspection, threatening or exerting physical harm, or enabling another individual or employee to impede an investigation or inspection may result in disciplinary action;

(d) Ensure waste from toilets or lavatories be discharged directly into a public sewer or by a method meeting the requirements of ORS Chapter 454;

(e) Have an enclosed sterilization area separate from public areas, service areas and restrooms where decontamination and sterilization of reusable instruments is performed. All surfaces in this area must be non-porous;

(f) Hand washing accommodations must be provided in work areas where licensees are exposed to hazardous materials, which will have a harmful effect on or be absorbed through the skin if the contamination is not removed;

(g) Maintain washing accommodations in a clean and sanitary condition;

(h) Ensure all floors, walls and procedure surfaces including counters, tables, and chairs are easily cleanable, non-absorbent and non-porous where services are provided;

(2) When body art services are provided in a cosmetology facility, body art services must be separated from cosmetology services by use of a solid barrier to prevent contact with irritants.

(3) The facility must comply with all applicable rules and regulations of the Agency and other federal, state, county and local agencies. This includes the following:

(a) Building, fire, plumbing and electrical codes, and with exit and fire standards established by the Building Codes Agency, the Office of the State Fire Marshal;

(b) Oregon Indoor Clean Air Act as it appears in ORS 433.835 through 433.875.

(c) Occupational Safety and Health Act Blood Borne Pathogens Standards under 29 CFR 1910:1030 this includes but is not limited to: individuals providing services in a field of practice, facility owners; and other employees on the facility premises.

(d) ORS Chapter 654 and the Oregon Safe Employment Act if an employee/employer relationship exists.

(e) All applicable Occupational Safety and Health Act standards if an employee/employer relationship exists.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; Suspended by HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-930-0010

Standards for Facilities Located in Residence

A facility located in a residence must comply with the provisions of all standards listed in OAR chapter 331, division 925 in addition to the following criteria:

(1) Have an identifying house number or a sign, which is easily visible from the street and indicates the location of the facility;

(2) Be equipped with the structures, accommodations, and equipment which the Agency requires for all facilities; and

(3) Have an entry that is separate from the entry to the living area of the home. The living area of the home must be separated from the facility by solid walls extending from floor to ceiling, with any connecting doors kept closed while the facility is in actual operation.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; Suspended by HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-930-0015

General Standards for Body Piercing and Tattoo

General standards for all body piercing, including temporary earlobe piercing, and tattoo are listed within this rule, unless otherwise specified by rule.

(1) The cleanliness of any common area of separately licensed facilities in one premise is the responsibility of each license holder. All license holders may be cited for violations found in the common area.

(2) An individual licensed to perform services in a field of practice or a licensed facility owner must:

(a) Use and maintain appropriate equipment and instruments for providing services in a field of practice at the place of business;

(b) Use equipment and instruments in a manner described in the manufacturer’s instructions which is consistent with the manufacturer’s intended use of the device by the FDA;

(c) Use equipment and instruments that are not prohibited for use in a field of practice by the Agency or the FDA;

(d) Ensure a high-level disinfectant is used in accordance with manufacturer’s instructions to disinfect surfaces where services are performed.

(e) Ensure chemicals are stored in labeled, closed containers.

(f) Ensure that single-use disposable paper products, single-use needles, sterilized jewelry and protective gloves are used for each client. Use of towels and linens are prohibited except during electrology procedures.

(g) Have unrestricted access or availability to a sink with hot and cold running water, as part of surrounding premises or adjacent to the facility but separate from a restroom unless operating as a temporary earlobe piercing licensee. Temporary earlobe piercing hot and cold running water standards are listed in OAR 331-900-0095.

(h) Ensure lavatories located within the facility are kept clean and in good working order at all times. Air blowers within lavatories can be substituted for disposable hand towels.

(i) Ensure all waste material related to a service in a field of practice be deposited in a covered container following service for each client.

(j) Ensure pets or other animals not be permitted in the business facility. This prohibition does not apply to service animals recognized by the American with Disabilities Act or to fish in aquariums or nonpoisonous reptiles in terrariums.

(k) Ensure all disinfecting solutions or agents be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times the facility is open for business.

(l) Ensure waste disposed of in receptacles located in non-service areas is limited to materials, which are not practice-related or used in the performance of any client services.

(m) Ensure all waste items that come in direct contact with the client’s skin that cannot be cleaned, disinfected and sterilized must be disposed of utilizing a “double bagging” technique: completely enclosed inside a discarded glove or disposed of in a sealable plastic bag that is separate from sealable trash or garbage liners in a covered waste receptacle immediately after use.

(o) Ensure disposable sharp objects that come in contact with blood and/or body fluids must be disposed of in a sharps container that is strong enough to protect the licensee and client and others from accidental cuts or puncture wounds that could happen during the disposal process.

(p) Adhere to all Centers for Disease Control and Prevention, Standard Precautions.

(3) A licensee must wear eye goggles, shields or a mask if spattering is possible while providing services.

(4) All substances shall be dispensed from containers in a manner to prevent contamination of the unused portion. Single use tubes or containers and applicators shall be discarded following the service.

(5) All body piercing and tattooing is prohibited:

(a) On a person who is inebriated or appears to be incapacitated by the use of alcohol or drugs;

(b) On a person who shows signs of recent intravenous drug use;

(c) On a person with sunburn or other skin diseases or disorders of the skin such as open lesions, rashes, wounds, puncture marks in areas of treatment;

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-930-0020

Standards for Client Services

Client servicing standards for all body piercing, except temporary earlobe piercing, and tattoo services are listed within this rule. Client servicing standards for temporary earlobe piercing is listed in OAR 331-900-0095.

(1) A licensee must wash hands:

(a) Prior to donning gloves to set-up of instruments used for conducting body art procedures;

(b) Immediately prior to donning gloves to perform a body art procedure;

(c) Immediately after removing gloves at the conclusion of performing a body art procedure and after removing gloves at the conclusion of procedures performed in the sterilization area;

(d) When leaving the work area;

(e) When coming in contact with blood or bodily fluids;

(f) Before and after performing the following acts not limited to eating, drinking, smoking, applying lip cosmetics or lip balm, handling contact lenses, or using the bathroom; or

(g) When hands are visibly soiled.

(2) Hand washing must include thoroughly washing the hands in warm, running water with liquid soap using friction on all surfaces of the hands and wrists, then rinsing hands and drying hands with a clean, disposable paper towel.

(3) A new pair of disposable gloves must be worn during the treatment of each client;

(4) A minimum of one pair of disposable gloves must be used for each of the following stages of the body art procedure:

(a) Set-up of instruments used for conducting body art procedures and skin preparation of the body art procedure area;

(b) The body art procedure and post-procedure teardown; or

(c) Cleaning and disinfection of the procedure area after each use/between clients.

(5) Once gloves have been removed, they must be disposed of immediately and hand washing instructions listed in Subsection (2) of this rule must be followed.

(6) Torn or perforated gloves must be removed immediately, and hand washing instructions listed in Subsection (2) of this rule must be followed and gloves changed following hand washing.

(7) Disposable gloves must be removed before leaving the area where body art procedures are performed.

(8) When a licensee leaves the body art procedure area in the middle of a body art procedure, gloves must be removed before leaving the procedure area and a new pair of gloves put on when returning to the procedure area.

(9) The use of disposable gloves does not preclude or substitute for hand washing procedures.

(10) A client’s skin must be thoroughly cleaned with an antiseptic solution.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-930-0025

Approved Sterilization Standards

Sterilization standards for all body piercing, except temporary earlobe piercing are listed within this rule. Sterilization standards for temporary earlobe piercing are listed in OAR 331-900-0095.

(1) Needles must be single uses on one client then disposed of.

(2) All reusable instruments that come in direct contact with a client’s skin or are exposed to blood or bodily fluid must be cleaned, disinfected and sterilized before re-use on another client.

(3) New gloves must be worn during any sterilization procedure.

(4) The cleaning, disinfection and sterilization process listed in subsection (5) of this rule is not required if single-use prepackaged sterilized reusable instruments, obtained from suppliers or manufacturers are used.

(5) Approved cleaning, disinfection and sterilization process for reusable instruments includes the following ordered method after each use:

(a) Clean reusable instruments by manually brushing or swabbing visible foreign matter and rinsing the reusable instruments with warm water and an appropriate detergent solution to remove blood and bodily fluids;

(b) Disinfect reusable instruments by placing reusable instruments in a disinfection tub filled with a high-level disinfectant. Reusable instruments must be fully submerged to ensure contact with all surfaces for an amount of time specified in the manufacturer’s instructions. All hinged reusable instruments (including but not limited to piercing forceps) must be in the open position;

(c) Clean and disinfected reusable instruments must be rinsed, dried and placed in an ultrasonic cleaner filled with an appropriate ultrasonic solution including but not limited to an enzymatic cleaner. The ultrasonic unit must be used according to the manufacturer’s instructions. The ultrasonic unit must operate at 40 to 60 kilohertz. All hinged reusable instruments (including but not limited to piercing forceps) must be in the open position;

(d) Remove reusable instruments from the ultrasonic unit. All reusable instruments must be rinsed, air dried, and individually packaged in sterilization pouches that includes use of a chemical indicator strip to assure sufficient temperature during each sterilization cycle, the date the sterilization was performed must be applied to the sterilization pouch;

(e) Individually packaged reusable instruments must be sterilized by using an autoclave sterilizer, steam or chemical registered and listed with the FDA;

(f) A steam sterilization integrator must be used to monitor the essential conditions of steam sterilization for each autoclaved load or cycle. Reactions must be recorded in a log book for each sterilization cycle.

(g) After sterilization, the reusable instruments must be stored in a dry, disinfected, closed cabinet or other tightly-covered container reserved for the storage of such reusable instruments.

(6) Use of a biological monitoring system (“spore tests”) must be done at least once a month, verified through an independent laboratory, to assure all microorganisms have been destroyed and sterilization achieved.

(7) The ultrasonic unit listed in subsection (5)(c) of this rule must be used, cleaned, and maintained in accordance with manufacturer’s instructions and a copy of the manufacturer’s recommended procedures for the operation of the ultrasonic unit must be kept on file at the body art facility.

(8) All sterilization pouches with indicator strips listed in subsection (5)(d) of this rule must contain a chemical/temperature and/or humidity sensitive tapes, strips or pellets for monitoring each sterilization cycle.

(9) Sterilization pouches with indicator strips listed in subsection (5)(e) of this rule and steam sterilization integrators listed in (5)(f) of this rule must be available at all times for inspection by the Agency. Steam sterilization integrators must be and kept for a minimum of thirty days.

(10) Biological spore test results listed in subsection (6) of this rule must be immediately available at all times for inspection by the Agency and kept at facility premises for a minimum of two years.

(11) The autoclave listed in subsection (5)(e) must be used, cleaned, and maintained in accordance with manufacturer’s instructions and a copy of the manufacturer’s recommended procedures for the operation of the autoclave must be kept on file at the body art facility.

(12) The expiration date for sterilized reusable instruments is one year from the date of sterilization unless the integrity of the package is compromised.

(13) Sterilized reusable instruments may not be used if the package integrity has been breached, is wet or stained, or the expiration date has exceeded without first meeting the requirements listed in Subsection (5) of this rule.

(14) All reusable instruments used in body art procedures must remain stored in sterile packages until just prior to the performance of a body art procedure.

(15) If a spore test result listed in subsection (6) of this rule, is positive, a licensee must discontinue the use of that sterilizer (autoclave) until it has been serviced and a negative spore test has been recorded before putting that sterilizer back into service. Until a negative spore test has been received, the licensee must:

(a) Use an alternative sterilizer (autoclave);

(b) Use only reusable instruments that have a sterilization date on or before the date before the last negative spore test was recorded; or

(c) Use only single use instruments.

(16) Following a negative spore test pursuant to subsection (6) of this rule, reusable instruments which were sterilized following the receipt of the negative spore test must be repackaged and sterilized pursuant to subsection (5) of this rule, before use.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12

331-930-0030

Client Records and Information

Client records standards and requirements for all body piercing and tattoo artist licensees are listed within this rule.

(1) Licensees must maintain client records. The record must include the following for each client:

(a) Name, address, telephone number and date of birth of client;

(b) Date of each service, procedure location on the body and type of service performed on client;

(c) Name and license number of the licensee providing service;

(d) Special instructions or notations relating to the client’s medical or skin conditions including but not limited to diabetes, cold sores and fever blisters, psoriasis or eczema, pregnancy or breast-feeding/nursing.

(e) Complete list of the client’s sensitivities to medicines or topical solutions;

(f) History of the client’s bleeding disorders;

(g) Type of jewelry used if the service is a body piercing procedure;

(h) Description of complications during procedure(s);

(i) Signature from the client that they have received the following written and verbal aftercare instructions:

(A) Care following service;

(B) Possible side effects and complications; and

(C) Restrictions.

(j) Signature from the client that they have been informed, both verbally and in writing, of all information related to the body art service including possible reactions, side effects and potential complications of the service and consent to obtaining the body art service; and

(k) Signature from the client that they have been provided both verbally and in writing, information listed in OAR 331-900-0110 and 331-905-0065.

(l) Proof of age or consent consisting of one of the following:

(A) For body piercing or tattoo services if the client is of over 18, a copy of a government issued photographic identification. A copy of the government issued photographic identification must be included in the client record;

(B) For body piercing services only, if the client is a minor written parental or legal guardian consent is required. The written parental or legal guardian consent must be submitted to the licensee by the parent or legal guardian prior to piercing the minor. The consenting parent or legal guardian must be 18 years of age and present government issued photographic identification at time of written consent. A copy of the government issued photographic identification must be included in the client record.

(C) For body piercing services only, if the client is an emancipated minor, copies of legal court documents proving emancipation and government issued photographic identification is required.

(2) A licensee may obtain advice from physicians regarding medical Information needed to safeguard client and licensee. Advice from the physician must be documented in the client record.

(3) For the purpose of (1) and (2) of this rule records must be kept at facility premises for a minimum of three years and must be made immediately available to the agency upon request.

(4) Client records must be typed or printed in a legible format. Client records, which are not readable by the Agency, will be treated as incomplete.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12


 

Rule Caption: Waive certain types of fees to drastically reduce BAP’s ending balance by June 30, 2013.

Adm. Order No.: HLA 4-2012(Temp)

Filed with Sec. of State: 3-5-2012

Certified to be Effective: 3-5-12 thru 9-1-12

Notice Publication Date:

Rules Amended: 331-940-0000

Subject: The Board of Body Art Practitioner’s ending cash balance as of the closing month of January 2012 was of $570,040. The agency needs to significantly reduce the Board’s ending balance as discussed with Board stakeholders, the Department of Administrative Services, and the Legislative Fiscal Office. The agency and Board of Body Art Practitioner’s agreed to begin waiving facility application and licensing fees and practitioner renewal fees for licenses issued prior to January 1, 2012. in addition, the temporary rule extends the waiving of examination fees for individuals taking the body piercing written and practical exams through the end of the biennium.

 The agency expect the total net effect of waiving fees will reduce the Boards ending balance by an expected $127,375 by the end of the 2011–2013 biennium.

Rules Coordinator: Randall Everitt—(503) 373-2084

331-940-0000

Fees

(1) Applicants and licensees are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees, penalties and charges.

(2) Fees established by the Oregon Health Licensing Agency are as follows:

(a) Application:

(A) Standard Body Piercing — $50.

(B) Specialty Body Piercing Level 1 — $50.

(C) Specialty Body Piercing Level 2 — $50.

(D) Electrology — $50.

(E) Tattoo — $50.

(F) Reciprocity Per Field of Practice — $150.

(G) Facility — $100.

(H) Mobile Facility — $100.

(I) Event Facility — $100.

(J) Temporary Facility License — $100.

(K) Temporary Practitioner Per Field of Practice — $50.

(L) Standard Body Piercing Trainee — $50.

(M) Ear Lobe Piercing Temporary — $25.

(b) Examination:

(A) Written — $50.

(B) Practical — $100.

(c) Original Issuance of License:

(A) Standard Body Piercing Trainee — $50.

(B) Standard Body Piercing — $50.

(C) Specialty Body Piercing Level 1 — $50.

(D) Specialty Body Piercing Level 2 — $50.

(E) Electrology — $25.

(F) Tattoo — $50.

(G) License for a Field of Practice by Reciprocity — $50.

(H) Facility — $150.

(I) Mobile Facility — $150.

(J) Event Facility:

(i) Up to 100 booths: $725.

(ii) 101 to 200 booths: $1,450.

(iii) 201 to 300 booths: $2,175.

(iv) 301 to 400 booths: $2,900.

(v) 401 to 500 booths: $3,625.

(K) Temporary Practitioner Per Field of Practice — $20.

(L) Temporary Facility — $50.

(M) Earlobe Piercing Temporary — $25.

(d) Renewal of License Online:

(A) Standard Body Piercing — $45.

(B) Electrology — $20.

(C) Tattoo — $45.

(D) Temporary Earlobe — $20.

(E) Body Art Facility — $125.

(F) Mobile Facility License — $125.

(e) Renewal of License Over-the-Counter or Through the Mail:

(A) Standard Body Piercing Trainee — $50.

(B) Standard Body Piercing — $50.

(C) Specialty Body Piercing Level 1 — $50.

(D) Specialty Body Piercing Level 2 — $50.

(E) Electrology — $25.

(F) Tattoo — $50.

(G) Temporary Earlobe — $25.

(H) Temporary Practitioner Per Field of Practice — $20.

(I) Body Art Facility — $150.

(J) Mobile Facility License — $150.

(f) Other administrative fees:

(A) Delinquency — $50 per year, up to three years.

(B) Replacement License — $25.

(C) Duplicate License — $25 per copy with maximum of three.

(D) Affidavit of Licensure — $50.

(E) Information Packets — $10.

(F) Administrative Processing Fee — $25.

(3) Individuals taking the body piercing written and practical examination from January 1, 2012 through June 30, 2013, will have their examination fees waived as long as funding remains available.

(4) Facility application and licensing fees for facilities licensed prior to January 1, 2012, will have their application and licensing fees waived between January 1, 2012 and June 30, 2013 or as long as funding remains available.

(5) Practitioners who were permanently licensed prior to January 1, 2012, will have their renewal fee waived between January 1, 2012 and June 30, 2013 or as long as funding remains available.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415
Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35
Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 4-2012(Temp), f. & cert. ef. 3-5-12 thru 9-1-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​