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Oregon Bulletin

June 1, 2012

Oregon Health Licensing Agency, Chapter 331

Rule Caption: Modifies education requirements for issuance of temporary tattoo license.

Adm. Order No.: HLA 7-2012(Temp)

Filed with Sec. of State: 4-20-2012

Certified to be Effective: 4-20-12 thru 10-16-12

Notice Publication Date:

Rules Amended: 331-915-0025

Subject: The proposed amendment would remove the requirements that applicants for a a temporary tattoo license provide evidence of a high school diploma or General Educational Development (GED) certificate.

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

331-915-0025

Application Requirements for Temporary Tattoo License

An individual applying for a Temporary Tattoo 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 current training in blood-borne pathogens; and

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

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

(7) Applications must be received 15 days before tattooing services are provided.

(8) 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 7-2012(Temp), f. & cert. ef. 4-20-12 thru 10-16-12


 

Rule Caption: Modifies education requirements for issuance of temporary tattoo license.

Adm. Order No.: HLA 8-2012(Temp)

Filed with Sec. of State: 5-3-2012

Certified to be Effective: 5-3-12 thru 10-16-12

Notice Publication Date:

Rules Amended: 331-915-0025

Subject: The proposed amendment would remove the requirement that applicants for a temporary tattoo license provide evidence of a high school diploma or General Educational Development (GED) certificate.

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

331-915-0025

Application Requirements for Temporary Tattoo License

An individual applying for a Temporary Tattoo 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 current training in blood-borne pathogens; and

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

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

(7) Applications must be received 15 days before tattooing services are provided.

(8) 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 7-2012(Temp), f. & cert. ef. 4-20-12 thru 10-16-12; HLA 8-2012(Temp), f. & cert. ef. 5-3-12 thru 10-16-12


 

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

Adm. Order No.: HLA 9-2012

Filed with Sec. of State: 5-10-2012

Certified to be Effective: 5-15-12

Notice Publication Date: 4-1-2012

Rules Amended: 331-020-0020

Rules Suspended: 331-020-0020(T)

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; HLA 9-2012, f. 5-10-12, cert. ef. 5-15-12

 

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

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