DIVISION 210
BODY PIERCING LICENSING PROGRAM
APPLICATION FOR LICENSURE AND REGISTRATION
331-210-0000
Facility Licensure; Criteria
The Health Licensing Office will issue a facility license to qualified persons as provided in OAR 331-030-0010, and if the applicant:
(1) Is at least 18 years of age, if a natural person. If the applicant is an entity other than a natural person, the entity must be formed and operated in accordance with Oregon law.
(2) Provides current government issued photographic documentation confirming date of birth, such as a driver's license, passport or school/military/governmental records;
(3) Has successfully completed four years of standard high school education or the equivalent. Acceptable documentation includes, but is not limited to: a high school diploma, a letter from any school verifying completion of high school equivalency; military records verifying completion of a high school equivalency; or GED passing scores;
(4) Registers with the Corporations Division and receives an assumed business name prior to applying for a facility license (unless doing business under the full name of the owner);
(5) Submits application on a form prescribed by the agency accompanied by payment of the application and licensing fees and submission of the required documentation. Required documentation includes the completed application form and documentation which contains the following:
(a) Name of owner;
(b) Corporation or partnership;
(c) Facility address and mailing address (if different from physical location);
(d) Area code and telephone number;
(e) Applicant's autoclave make, model and serial number; and
(f) A copy of the spore test results from applicant's autoclave, or submission of a signed attestation requesting an exemption under OAR 331-220-0010 based on one of the following existing conditions:
(A) Exclusive use of prepackaged sterile body and ear piercing equipment, including needles; or
(B) Exclusive use of prepackaged sterile ear piercing equipment that utilizes an encapsulated single use stud with clasp mechanism designed for an earlobe piercing gun as defined in OAR 331-205-0020(25).
(6) Certifies that application information is correct;
(7) Provides a map or directions to the facility if it is located in a rural or isolated area;
(8) Provides a list of registered technicians providing services on the premises of facility;
(9) Complies with all applicable rules and regulations of the agency and other state, county and local agencies. This includes compliance with specifications for building, fire and plumbing codes, and with exit and fire standards established by the Building Codes Agency, the Office of the State Fire Marshal, and compliance with Oregon Occupational Safety and Health Division, OAR 437, division 2, General Occupational Safety and Health Rules. These standards are available at the Oregon Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office.
NOTE: These standards are available at the Oregon Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office.
Stat. Auth.: ORS 690.520, 676.605, 676.615, 690.550, 690.570
Stats. Implemented: ORS 690.520, 676.605, 676.615, 690.550, 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
331-210-0010
Criteria for Operating a Facility; Inspections
(1) Each facility owner shall:
(a) Require each individual working within the facility premises providing piercing services to be registered with the Health Licensing Office as a body-piercing technician;
(b) Be responsible for technicians complying with all applicable health, safety, infection control and sterilization rules and regulations of the agency and other state agencies;
(c) Be responsible for notifying the agency prior to employment of new registrant(s) within the facility or immediately following termination of any registrant's employment;
(d) Be responsible for maintaining a list of registrants employed at the facility for review by the agency upon request;
(e) Post risk factor notice in public view on the facility premises when open for business;
(f) Post name, address and telephone number of the Health Licensing Office for clients to contact regarding services, licensing issues or complaints;
(g) Provide a disclosure statement prescribed by the Health Licensing Office to all clients on risks involved in body-piercing services, and aftercare instructions;
(h) Allow an agency enforcement officer to inspect the facility when it is open for business;
(i) Be prohibited from exhibiting, or failing to prevent employees or technicians from exhibiting, behavior which impedes the normal progress of the inspection; and
(j) Arrange for the agency to inspect the premises if a year has elapsed since the last inspection and/or the agency has notified the licensee that it has attempted and been unable to conduct an inspection because the facility was closed.
(2) Facility licenses are not transferable from person to person, business to business, or to a new location.
(3) Acquiring a Facility: Persons purchasing an existing body-piercing facility shall:
(a) Meet the requirements of a new facility (refer to OAR 331-210-0000);
(b) Submit a new facility application, pay the application and license fees, and be issued a new facility license prior to assuming operation of the business; and
(c) Comply with all administrative rules of the agency concerning health, safety, infection control and sterilization requirements.
(4) Relocating a Facility: Owners of body-piercing facilities being moved to a new physical location shall:
(a) Meet the requirements of a new facility (refer to OAR 331-210-0000);
(b) Submit an application, pay the application and license fees, and be issued a new facility license prior to opening for business at the new location; and
(c) Comply with all administrative rules of the agency concerning health, safety, infection control and sterilization requirements.
(5) Closing a Facility: Facility owners closing their facilities shall inform the agency in writing by fax, mail, electronic mail, or in person within 5 calendar days of closure of the facility; if the same owner reopens the facility while the license is still current, the owner must inform the agency prior to resuming business.
(6) All premises where services are performed by body-piercing technicians must be licensed as a facility.
Stat. Auth.: ORS 690.520, 676.605, 676.615, 690.550, 690.570
Stats. Implemented: ORS 690.520, 676.605, 676.615, 690.550, 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
331-210-0020
Body Piercing Technician Registration Qualification
(1) Body-piercing technicians must be registered with the Health Licensing Office before providing services. Registered body-piercing technicians must comply with all applicable health, safety, infection control and sterilization rules and regulations of the agency and other state agencies.
(2) To qualify for registration with the agency as a body-piercing technician, an applicant must:
(a) Be at least 18 years of age and provide a current government issued photographic documentation confirming date of birth. Acceptable documentation includes, but is not limited to a driver's license, passport or school/military/governmental records;
(b) Have successfully completed four years of standard high school education or the equivalent. Acceptable documentation includes, but is not limited to: a high school diploma, a letter from any school verifying completion of high school equivalency; military records verifying completion of a high school equivalency; or GED passing scores; and
(c) Provide satisfactory evidence of successful completion of training in the courses listed in (A) through (C) of this rule subsection. Training includes attendance or participation at an instructional program presented, recognized, or under the auspices of any permanently organized institution, agency, or professional organization or association recognized by the agency.
(A) Basic First Aid;
(B) Blood borne pathogens; and
(C) Aftercare procedures.
(3) Technicians are prohibited from providing body-piercing services outside of a licensed body-piercing facility. A registration is not transferable from person to person.
(4) Notice shall be submitted to the agency prior to any change of employment at a new facility location.
Stat. Auth.: ORS 690.520, 676.605, 676.615, 690.550, 690.570
Stats. Implemented:ORS 690.520, 676.605, 676.615, 690.550, 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
331-210-0021
Application Requirements
(1) Individuals applying for registration to practice body piercing must meet the requirements of OAR 331-030-0000 in addition to the provisions of this rule.
(2) Applicants must submit a completed application form prescribed by the agency, which shall contain the information listed in OAR 331-030-0000(5), be accompanied by payment of the application and registration fees, provide the documentation required in 331-210-0020 and include the following:
(a) Facility name, license number and business address where services are provided, including telephone number and area code; and
(b) Signed copy of the written statement affirming receipt of administrative rules and client notification brochure outlining risk factors and possible consequences of piercing.
Stat. Auth.: ORS 690.520, 676.605, 676.615, 690.550, 690.570
Stats. Implemented:ORS 690.520, 676.605, 676.615, 690.550, 690.570
Hist.: HLO 7-2004, f. 6-29-04, cert. 7-1-04
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