DIVISION 205
BODY PIERCING LICENSING PROGRAM GENERAL ADMINISTRATION
331-205-0020
Definitions
The following definitions apply to OAR chapter 331, divisions 200 through 225:
(1) "Acceptable" means satisfactory or adequate; fulfilling the needs or requirements of a specified rule, provision or policy.
(2) "Agency" means the Oregon Health Licensing Agency. The agency is responsible for the budget, personnel, performance-based outcomes, consumer protection, fee collection, mediation, complaint resolution, discipline, rulemaking and record keeping.
(3) "Antiseptic" means product used to stop or inhibit the growth of bacteria.
(4) "Approved" means acceptable to the Oregon Health Licensing Agency.
(5) "Clean" means the absence of soil and dirt.
(6) "Communicable disease or condition" means diseases or conditions diagnosed by a licensed physician as being contagious or transmissible which include but are not limited to the following:
(a) Chickenpox;
(b) Diphtheria;
(c) Measles;
(d) Meningococcal Disease;
(e) Mumps;
(f) Pertussis (whooping cough);
(g) Plague;
(h) Poison oak (a transmittable form of "contact dermatitis");
(i) Rubella;
(j) Scabies;
(k) Staphylococcal skin infection (boils, infected wounds);
(l) Streptococcal infections (Strep throat);
(m) Tinea (ring worm);
(n) Tuberculosis.
(7) "Completed procedure" means a piercing which has been finished.
(8) "Cosmetic" means a preparation designed to beautify the body.
(9) "Director" means the individual who is responsible for the performance of the agency as defined in ORS 676.610. The director appoints all subordinate officers and employees to carry out the duties of the agency.
(10) "Earlobe" means the lowest part of the auricle; it consists of fat and fibrous tissue not reinforced by the auricular cartilage.
(11) "Easily accessible" means unrestricted use or availability, easy to approach or enter.
(12) "Enclosed storage area" means separate room, closet, cupboard or cabinet.
(13) "Equivalent" means comparable but not identical, covering the same subject matter.
(14) "Facility" means an establishment in which technicians perform the act of body piercing, and includes all areas used by a body-piercing technician and clients, including but not limited to treatment area and waiting/reception area.
(15) "Health Licensing Office" means the agency.
(16) "High-level disinfectant" means a chemical agent, which has demonstrated tuberculocidal activity and is registered with the EPA or approved by the FDA.
(17) "Instruments" means body-piercing equipment. Such equipment includes but is not limited to piercing needles, forceps, hemostats, tweezers, or other implements used to pierce, puncture, or be inserted into any part of the human body for the intended purpose of making a permanent hole. Such equipment also includes studs, hoops, rings or other decorative jewelry, materials or apparatuses inserted into any part of the human body for the intended purpose of placement in the hole resulting from piercing.
(18) "Linens" means cloths or towels used for such things as draping or protecting table.
(19) "Low-level disinfectant" means a chemical agent, which has demonstrated bactericidal, germicidal, fungicidal and limited virucidal activity and is registered with the EPA.
(20) "Needle" means implement used to pierce or puncture a hole in any part of the human body.
(21) "Operatory" means:
(a) A screened or separated area away from public access and viewing, isolated from a reception or waiting area, when piercings are conducted upon the genital, nipple, or any other discreet part of a person's body; or
(b) A designated area, which is segregated from other business activities or services, when ear-piercing services are conducted. The designated area may consist solely of a table, workstation and/or chair independent of any other retail or merchandise activities.
(22) "Owner" means and includes every person having ownership, control or custody of any place of business or employment.
(23) "Permanent Hole" means a hole produced by piercing or puncturing any part of the human body, with instruments intended to leave an opening in body tissue(s) into which an appropriate device or apparatus may be inserted. Permanent hole includes any body part newly pierced or punctured which is undergoing a healing process; and, any piercing whether or not removal of a device or apparatus from the perforation would result in fusing or healing of the tissue or skin structures.
(24) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons.
(25) "Piercing gun" means a hand-held tool manufactured exclusively for piercing the earlobe, into which studs and clutches are placed and inserted into the earlobe by a hand-squeezed action to create a permanent hole. The tool is made of plastic, stainless steel or other material that can be disinfected.
(26) "Place or places of business" means the name, mailing address, and location where the registrant or person provides piercing services.
(27) "Premises" means the entire area of the facility where body-piercing services are provided.
(28) "Program" means established within the agency with no advisory board.
(29) "Protective gloves" means gloves made of vinyl, latex or "Nitrile".
(30) "Public view" means open to view and easy for the public to see, located in the waiting or lobby area of place of business.
(31) "Renew" means to extend a current license or registration for a two year period beyond expiration or to bring an inactive license or registration to current, active status.
(32) "Sharps" means any object that can penetrate the skin, including but not limited to needles, scalpel blades, lancets, glass tubes that could be broken during handling and syringes that have been removed from their original sterile containers.
(33) "Sharps container" means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal. The container must be red and may be labeled with the "Biohazard" symbol.
(34) "Single Use" means products, instruments or items that are disposed of after each use, including but not limited to cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, piercing needles and protective gloves.
(35) "Standard Precautions" means a set of guidelines and controls, which outline certain practices which health workers should employ in order to prevent parenteral, mucous-membrane, and no intact skin exposure to blood-borne pathogens as published by the Centers for Disease Control (CDC).
(36) "Sterilization" means destruction of all forms of macrobiotic life, including spores.
Stat. Auth.:
ORS 690.540, 690.560 & 690.570 (1995 OL Ch. 562)
Stats.
Implemented: ORS 676.605, 676.615 & 690.570
Hist.:
HDLB 1-1996, f. & cert. ef. 4-1-96; HDLP 4-2001, f. & cert. ef. 11-1-01;
HLO 7-2004, f. 6-29-04, cert. 7-1-04; HLA 4-2008, f. 9-15-08, cert. ef. 10-1-08
331-205-0030
Fees
(1) Applicants, licensees and registrants 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) Technician registration -- earlobe piercing: $25.
(B) Technician registration -- body piercing: $50.
(C) Facility license: $200.
(b) Examination -- Oregon laws and rules: $50.
(c) Original issuance of authorization to practice:
(A) Technician registration -- earlobe piercing: $50.
(B) Technician registration -- body piercing: $100.
(C) Facility license: $350.
(d) Renewal of authorization to practice:
(A) Technician registration -- earlobe piercing: $50.
(B) Technician registration -- body piercing: $100.
(C) Facility license: $350.
(D) Expired technician registration -- earlobe piercing: $75.
(E) Expired technician registration -- body piercing: $150
(F) Expired facility license: $500.
(e) Replacement of license or registration, including name change: $25.
(f) Duplicate registration document: $25.
(g) Affidavit of licensure: $50.
(h) An addition $25 administrative processing fee will be assessed if a NSF or non-negotiable instrument is received for the payment of fees, penalties and charges. Refer to OAR 331-010-0010.
Stat. Auth.:
ORS 676.605, 676.615, 690.550 & 690.570 (1995 OL Ch. 562, effective 9-9-95)
Stats.
Implemented: ORS 676.605, 676.615, 690.550 & 690.570 (1995 OL Ch. 562, effective
9-9-95)
Hist.:
HDLB 1-1996, f. & cert. ef. 4-1-96; HLO 2-2003, f. 5-6-03, cert. ef. 5-15-03;
HLO 7-2004, f. 6-29-04, cert. 7-1-04; HLA 4-2008, f. 9-15-08, cert. ef. 10-1-08
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