Oregon Permanent Cosmetic Legislation

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The regulations and statutes on this page are subject to change and modification. The Society does not warrant the accuracy or status of the information on this page. Anyone examining this site should review their own state statutes or regulations for information. Publication of this information is educational only and does not constitute legal advice.

Know of updated information or have a suggestion? Let us know!

*Oversight Body:*	Oregon Health Licensing Office
*Licensing Contact:*	Oregon Health Licensing Office (Excellent site with links to reference materials)
Legislative info available on this site:
Most recent legislation:	Title 52, Chapter 690 - Cosmetic Professionals - Permanent color technicians and Tattoo Artists. Title 52, Chapter 679 - Relating to Anesthesia for purposes of tattooing human lips Enrolled House Bill 2609 (Regarding keeping license records current) Health Licensing Office Administrative Rules
Other Law Resources:	http://www.alllaw.com/state_resources/oregon

Oregon Statutes
TITLE 52 OCCUPATIONS AND PROFESSIONS
Chapter 690 Cosmetic Professionals
ELECTROLOGISTS; PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS
690.350 Definitions for ORS 690.350 to 690.430.

690.005 Definitions for ORS 690.005 to 690.235. As used in ORS 690.005 to 690.235:

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

(2) “Barbering” means any of the following practices, when done upon the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:

(a) Shampooing, arranging, styling, curling, cutting, temporarily waving, singeing, cleansing and conditioning of the hair of an individual.

(b) Applying hair tonics, dressings and rinses.

(c) Massaging of the scalp, face and neck and applying facial and scalp treatments with creams, lotions, oils and other cosmetic preparations, either by hand or mechanical appliances, but such appliances shall not be galvanic or faradic.

(d) Shaving, trimming or cutting of the beard or mustache.

(3) “Board” means the Board of Cosmetology.

(4) “Certificate” means a written authorization for the holder to perform in one or more fields of practice.

(5) “Cosmetology” means the art or science of beautifying and improving the skin, nails and hair. “Cosmetology” includes the study of cosmetics and their application.

(6) “Demonstration permit” means a written authorization for a person to practice, demonstrate and teach one or more fields of practice on a temporary basis.

(7) “Facial technology” means the use of the hands, mechanical or electrical apparatus or appliances, cosmetic preparations, antiseptics, tonics, lotions or creams in massaging, cleansing, stimulating, manipulating, exercising, beautifying or similar work performed on the human face and neck above the seventh vertebra for cosmetic purposes and not for the treatment of disease or physical or mental ailments.

(8) “Facility” means an establishment operated on a regular or irregular basis for the purpose of providing services in one or more fields of practice.

(9) “Field of practice” means:

(a) Barbering.

(b) Facial technology.

(d) Nail technology.

(10) “Hair design” means, when done upon the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments any one or more of the following practices:

(a) Shaving, trimming or cutting of the beard or mustache.

(b) Arranging, styling, dressing, curling, temporary waving, permanent waving, relaxing, cutting, singeing, bleaching, coloring, dyeing, cleansing, shampooing, conditioning, applying hair tonics or similar work upon the hair of an individual.

(c) Massaging the scalp and neck when performed in conjunction with activities in paragraph (a) or (b) of this subsection.

(11) “Independent contractor” means a practitioner who qualifies as an independent contractor under ORS 670.600 and who is not under the control and direction of a facility license holder.

(12) “License” means a written authorization issued under ORS 690.055 to a person to operate a facility for providing services related to one or more fields of practice to the public.

(13) “Nail technology” means manicuring or pedicuring performed for cosmetic purposes and not for treatment of disease or physical or mental ailments. “Manicuring or pedicuring” includes:

(a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating the nails of the hands or feet;

(b) Massaging, cleansing, treating or beautifying the hands or feet; and

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

(15) “Registration” means a written authorization issued to an independent contractor to hold forth to the public as a business entity providing services in a field of practice.

(16) “School” means an educational establishment that has a license issued by the Department of Education and is operated for the purpose of teaching one or more fields of practice.

(17) “Temporary facility permit” means a written authorization issued under ORS 690.055 to provide services on a temporary basis in one or more fields of practice. [1977 c.886 §1; 1983 c.151 §1; 1987 c.31 §2; 1989 c.171 §81; 1993 c.45 §296; 1993 c.267 §1; 1995 c.343 §61; 1999 c.425 §1; 2003 c.547 §38]

690.010 [Amended by 1969 c.687 §1; 1977 c.270 §1; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.015 Prohibited acts. This section establishes prohibitions relating to the practice of hair design, barbering, facial technology and nail technology. The prohibitions under this section are subject to the exemptions under ORS 690.025. A person who violates a prohibition under this section is subject to the penalties under ORS 690.992 in addition to any administrative action taken by the Board of Cosmetology under ORS 690.075 or any civil penalty imposed by the Health Licensing Office under ORS 676.612. A person violates a prohibition under this section if the person does any of the following:

(1) Performs or attempts to perform as a practitioner without a certificate, demonstration permit or certificate of identification.

(2) Operates a facility without a license or temporary facility permit.

(3) Operates a facility unless it is at all times under the direct supervision of a practitioner.

(4) Practices hair design, barbering, facial technology or nail technology as an independent contractor without a registration.

(5) Displays a sign or in any way advertises or purports to offer services in a field of practice without first obtaining a permit, certificate, independent contractor registration or facility license.

(6) Knowingly makes a false statement on an application to obtain or renew a certificate, registration, license or permit or to obtain a certificate of identification.

(7) Allows an individual in the employ or under the supervision or control of the person to perform in a field of practice without a certificate or permit.

(8) Sells, barters or offers to sell or barter a document evidencing a certificate, registration, license, permit or certificate of identification.

(9) Purchases or procures by barter a document evidencing a certificate with intent to use it as evidence of the person’s qualification as a practitioner.

(10) Materially alters with fraudulent intent a document evidencing a certificate, registration, license, permit or certificate of identification.

(11) Uses or attempts to use as valid a fraudulently obtained, counterfeited or materially altered document evidencing a certificate, registration, license, permit or certificate of identification. [1977 c.886 §3; 1981 c.141 §1; 1983 c.151 §2; 1987 c.31 §3; 1993 c.267 §2; 1995 c.343 §62; 1999 c.425 §2; 2003 c.547 §39]

690.020 [Amended by 1961 c.300 §3; 1969 c.687 §2; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.025 Exemptions. This chapter does not apply to:

(1) Persons who perform service without compensation in case of emergency or in domestic administration.

(2) A health care professional acting within scope of the professional license or permit or a person subject to regulation by a health care professional licensing board.

(3) A person engaged in rendering emergency medical assistance as defined in ORS 30.800.

(4) Persons licensed by the State Board of Pharmacy, merchants or other individuals when demonstrating apparatus or supplies for purposes of sale.

(5) Commissioned medical and surgical officers and personnel of the United States Armed Forces while operating on a military base and personnel of correctional institutions while operating on the premises of a correctional facility.

(6) Persons applying temporary makeup, combing hair or applying hair spray, without compensation specifically for the application or combing, for the sole purpose of preparing any individual for a professional photograph or theatrical performance.

(7) A student while engaged in training at the direction of and under the direct supervision of the faculty of a school licensed under ORS 345.010 to 345.450 to teach a field of practice. [1977 c.886 §2; 1983 c.151 §3; 1987 c.31 §4; 1993 c.45 §297; 1993 c.267 §3; 1995 c.343 §63; 1999 c.425 §3]

690.030 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

(Certificates, Licenses, Permits and Registrations)

690.035 Application for certificate or permit. A person desiring to obtain a certificate or demonstration permit shall apply in writing to the Board of Cosmetology on a form approved by the board. Each application shall contain an affirmation by the applicant that the information contained therein is accurate. The application must also include evidence establishing to the satisfaction of the board that the applicant possesses the necessary qualifications. [1977 c.886 §4; 1999 c.425 §4]

690.040 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.045 [1977 c.886 §5; 1979 c.855 §3; 1983 c.151 §4; 1987 c.31 §5; 1993 c.45 §298; 1993 c.267 §4; 1995 c.343 §64; repealed by 1999 c.425 §5 (690.046 enacted in lieu of 690.045)]

690.046 Practitioner certification requirements; rules. To qualify for certification as a practitioner of hair design, barbering, facial technology or nail technology, an applicant shall:

(1) Successfully complete all courses required by rule of the State Board of Education for graduation from a school teaching one or more fields of practice.

(2) Successfully pass the certification examination approved, administered or recognized by the Board of Cosmetology for the field of practice in which certification is sought.

(3) Pay all appropriate fees.

(4) Meet any additional requirements the Board of Cosmetology may impose by rule for certification in a particular field of practice. [1999 c.425 §6 (enacted in lieu of 690.045)]

690.047 Waiver of educational requirement. The Board of Cosmetology may choose to waive all or part of the educational requirement for an applicant in a field of practice and allow the applicant to take the certification examination, provided that the applicant is otherwise qualified to take the examination and:

(1) The Superintendent of Public Instruction determines that the applicant’s education or training is substantially equivalent to the education or training of graduates of schools subject to the rules of the State Board of Education; or

(2) The applicant is certified in another state. [1999 c.425 §8]

690.048 Certificate prima facie evidence of right to practice. (1) The Health Licensing Office shall issue a certificate to each applicant who qualifies under ORS 690.046. The certificate is prima facie evidence of the right of the holder to practice a field of practice for which the holder has qualified and purports to be a practitioner.

(2) A certificate must show the practitioner’s name, address, certificate number, expiration date and field of practice for which the practitioner is qualified to perform services. [1983 c.151 §6; 1993 c.267 §5; 1995 c.343 §65; 1999 c.425 §9; 2003 c.547 §40]

690.050 [Amended by 1959 c.630 §1; 1961 c.436 §1; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.055 Facility license and temporary facility permit requirements. (1) To be issued a license to operate a facility, each applicant shall:

(a) Be 18 years of age or older, if the applicant is a natural person.

(b) Comply with the rules of the Board of Cosmetology concerning health, safety and infection control.

(c) Comply with the applicable health and safety laws and rules of the Department of Human Services and any other state agencies.

(d) Pay the application fee.

(2) A license shall confer the right to a facility owner to operate the facility and to advertise the services for which the facility is licensed.

(3) A facility must at all times be under the direct supervision of a practitioner.

(4) To be issued a temporary facility permit, each applicant must:

(a) Operate the facility on a temporary basis for a period not to exceed 30 consecutive calendar days and in accordance with rules of the board.

(b) Be 18 years of age or older, if the applicant is a natural person.

(d) Apply on forms prescribed by the Health Licensing Office prior to opening for business.

(e) Comply with the rules of the board concerning health, safety and infection control.

(f) Comply with the applicable health and safety laws and rules of the Department of Human Services and any other state agencies.

(g) Pay the appropriate application and permit fees.

(h) If the applicant is an entity other than a natural person, be formed and operated in accordance with Oregon law. [1977 c.886 §6; 1981 c.141 §2; 1983 c.151 §7; 1993 c.267 §6; 1999 c.425 §10; 2003 c.547 §41]

690.057 Independent contractor registration requirements. (1) To be issued a registration to operate as an independent contractor, each applicant shall:

(a) Be 18 years of age or older.

(b) Comply with the rules of the Board of Cosmetology concerning health, safety and infection control.

(c) Comply with the applicable health and safety laws and rules of the Department of Human Services and any other state agencies.

(d) Pay the application fee.

(2) A registration shall confer the right to an independent contractor to advertise and directly offer practitioner services to the public in a licensed facility or a facility operating under a temporary facility permit. [1999 c.425 §11; 2003 c.547 §42]

690.060 [Amended by 1959 c.630 §2; 1961 c.436 §2; 1969 c.687 §3; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.065 Examinations. (1) Examinations shall be given at such times and places as the Board of Cosmetology may determine, but in no instance less often than once every month.

(2) The board shall give each qualified applicant notice of the time and place of the examination.

(3) The board shall determine the subjects, scope and form of and the passing score for examinations and qualifications for retaking failed examinations. [1977 c.886 §7; 1993 c.267 §7; 1999 c.425 §12]

690.070 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.075 Grounds for refusal, suspension or revocation of certificate, registration, license or permit; probation. The Board of Cosmetology may revoke, suspend, refuse to issue or refuse to renew a certificate, registration, license or permit, or place on probation any holder thereof, upon proof that the holder:

(1) Has continually performed hair design, barbering, facial technology or nail technology while knowingly having an infectious or communicable disease.

(2) Has violated ORS 646.608 in the conduct of a hair design, barbering, facial technology or nail technology business.

(3) Has violated ORS 690.015 or 690.095 or any rule adopted under ORS 690.165 or 690.205.

(4) Has performed a field of practice while under the influence of alcohol, controlled substances or other skill-impairing substances or has engaged in the illegal use of controlled substances or other skill-impairing substances so as to create a risk or harm to customers.

(5) Has demonstrated negligence, incompetency or misconduct in a field of practice.

(6) Has engaged in fraudulent or deceitful activities in performing in a field of practice.

(7) Has been convicted in any jurisdiction of a crime that bears a demonstrable relationship to the field of practice. A plea of no contest shall be considered a conviction for purposes under this subsection. [1977 c.886 §8; 1983 c.151 §8; 1987 c.31 §6; 1993 c.267 §8; 1995 c.343 §66; 1999 c.425 §13]

690.080 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.085 Renewal of certificates, registrations and licenses. (1) All practitioner certificates shall expire on the last day of the month, two years from the date of issuance, unless renewed prior to the expiration date by payment of the required renewal fee and compliance with other requirements as established by the Board of Cosmetology.

(2) All registrations and licenses shall expire on the last day of the month, one year from the date of issuance, unless renewed prior to the expiration date by payment of the required renewal fee and compliance with other requirements as established by the board.

(3) The board may vary the date of certificate, registration and license renewal by giving to the applicant written notice of the renewal date being assigned and by making prorated adjustments to the renewal fee.

(4) A certificate, registration or license not renewed before it expires may be renewed by payment of the required renewal and late fees and by compliance with other requirements for renewal as determined by the board.

(5) A certificate that has not been renewed for a period of two years after date of expiration may be renewed and restored if the applicant:

(a) Submits an application for certification;

(b) Satisfactorily passes the examination required by ORS 690.065; and

(c) Submits payment of the application, examination and certificate fees at the time of reapplication. [1977 c.886 §9; 1983 c.151 §9; 1987 c.31 §7; 1993 c.267 §9; 1999 c.425 §14]

690.087 [1979 c.855 §2; 1981 c.897 §100; renumbered 345.470]

690.090 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.095 Display of certificate, registration, license, permit or certificate of identification. Every holder of a certificate, registration, license, permit or certificate of identification shall display the document in public view where services are being rendered. [1977 c.886 §10; 1979 c.663 §1; 1993 c.267 §10; 1999 c.425 §15]

690.100 [Amended by 1961 c.300 §4; 1969 c.687 §4; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.105 Demonstration permit requirements. (1) A person not certified under ORS 690.048 who wishes to practice, demonstrate and teach a field of practice, or perform a field of practice, temporarily and primarily for educational purposes and who is otherwise qualified as determined by the Board of Cosmetology shall first obtain a demonstration permit from the board.

(2) The permit shall specify:

(a) The purpose for which it is granted.

(b) The period during which the person is permitted to practice, demonstrate and teach, which period shall not exceed 30 days.

(3) A person may be granted a permit if the person:

(a) Makes application to the board for the permit.

(b) Is currently licensed or certified to practice or teach a field of practice in another state and presents satisfactory evidence of that fact to the board, or is otherwise qualified as determined by the board.

(d) Pays the required application and permit fees. [1977 c.886 §11; 1983 c.151 §11; 1987 c.31 §8; 1993 c.267 §11; 1995 c.343 §67; 1999 c.425 §16]

690.110 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.115 [1977 c.886 §12; repealed by 1981 c.141 §4]

690.120 [Amended by 1961 c.300 §5; 1973 c.832 §38; 1977 c.873 §8; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.123 Certificate of identification; fees. (1) The Health Licensing Office may issue a practitioner a certificate of identification to practice outside of or away from a licensed facility.

(2) The Board of Cosmetology shall determine requirements and the agency shall establish fees for issuance of a certificate of identification.

(3) Practitioners performing services outside of a licensed facility under the provisions of a certificate of identification shall comply with the safety and infection control requirements under ORS 690.165 and 690.205 and rules adopted thereunder. [1977 c.886 §13; 1983 c.151 §12; 1993 c.267 §12; 1999 c.425 §29; 2003 c.547 §45]

690.125 [1961 c.300 §2; 1969 c.687 §6; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.130 [Amended by 1959 c.630 §3; 1961 c.300 §6; 1961 c.436 §3; 1969 c.687 §7; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.140 [Amended by 1965 c.274 §1; 1973 c.832 §39; 1977 c.873 §9; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.150 [Amended by 1961 c.300 §7; 1965 c.274 §2; 1969 c.687 §11; 1971 c.86 §1; 1973 c.832 §40; repealed by 1977 c.842 §26 and 1977 c.886 §42]

(Board of Cosmetology and Health Licensing Office)

690.155 Board of Cosmetology; qualifications; appointment. (1) There is created within the Health Licensing Office the Board of Cosmetology consisting of seven members appointed by the Governor. Each member of the board shall serve for a term of three years and until a successor is appointed and qualified. At all times the membership of the board shall be so constituted that:

(a) Six members of the board shall be practitioners with valid certificates.

(b) One member shall be a public member who is not a practitioner.

(2) A person is not eligible for appointment as a member of the board if the person has previously served two terms.

(3) A member of the board serves at the pleasure of the Governor. Vacancies shall be filled by the Governor, by appointment for the unexpired term.

(4) The Director of the Health Licensing Office, or a designated representative, shall serve as an ex officio member of the board but without the right to vote. [1977 c.886 §14; 1983 c.151 §13; 1987 c.414 §84; 1999 c.425 §17; 1999 c.885 §20]

690.160 [1969 c.687 §9; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.165 Powers of board; rules. In addition to the powers otherwise granted by ORS 345.430 and 690.005 to 690.235, the Board of Cosmetology shall have the power to:

(1) Determine whether applicants are qualified to take certification examinations.

(2) Administer, approve or recognize certification examinations and designate the time, place and administrators of certification examinations.

(3) Contract for the administration of examinations as part of regional or national examinations and contract with independent testing services for examination administration.

(4) Direct the Health Licensing Office to issue certificates, registrations, licenses, permits and certificates of identification to individuals determined by the board to be qualified.

(5) Except as otherwise provided in ORS 690.205 (2) or other provision of law, adopt rules establishing and enforcing standards for safety, infection control, professional conduct and any other matters relating to fields of practice, facilities or locations used by persons providing services regulated by ORS 690.005 to 690.235.

(6) Direct the Health Licensing Office to suspend, revoke, limit or refuse to issue or renew certificates, registrations, licenses or permits or impose a period of probationary activity on the holder thereof.

(7) Do any act necessary or proper to effect and carry out the duties required of the board by ORS 690.005 to 690.235.

(8) Adopt rules prescribing standards of professional conduct for persons practicing hair design, barbering, facial technology or nail technology. [1977 c.886 §21; 1983 c.151 §14; 1987 c.31 §9; 1993 c.267 §13; 1995 c.343 §68; 1999 c.425 §18; 2003 c.547 §46]

690.167 Disciplinary authority of Health Licensing Office. In the manner prescribed in ORS chapter 183 for contested cases and at the direction of the Board of Cosmetology, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person practicing barbering, cosmetology, hair design, facial technology or nail technology for any of the grounds listed in ORS 676.612 and for any violation of the provisions of ORS 690.005 to 690.235, or the rules adopted thereunder. [2003 c.547 §43]

690.170 [1969 c.687 §10; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.175 Chairperson; rules; meetings; quorum; compensation and expenses. (1) The Board of Cosmetology shall elect a chairperson. The board shall prescribe rules to govern the proceedings of the board. The board shall hold meetings at such times and places as it determines, but shall meet at least once each year. A majority of the voting members of the board shall constitute a quorum.

(2) Each member of the board is entitled to compensation and expenses as provided in ORS 292.495. [1977 c.886 §§16,17; 1999 c.425 §19]

690.185 [1977 c.886 §18; 1983 c.151 §15; 1987 c.414 §85; 1999 c.425 §30; repealed by 2003 c.547 §118]

690.195 Records of Health Licensing Office. (1) The Health Licensing Office shall keep a record of its proceedings relating to the issuance, refusal, suspension and revocation of certificates, registrations, licenses and permits and to the imposition of probation. This record shall also contain the name, place of business and the date of each certificate, registration, license and permit issued by the agency.

(2) The agency shall keep a record of all complaints received, including the date of receipt, name and place of business of each practitioner involved, the name and address of each complainant and the nature of the complaint.

(3) The records of the agency shall at all reasonable times be open to inspection by the public. [1977 c.886 §19; 1987 c.31 §10; 1993 c.267 §14; 1999 c.425 §20; 2003 c.547 §47]

690.200 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.205 Rules; approval of Department of Human Services; when domestic use of facility permitted. (1) The Board of Cosmetology has authority to make reasonable rules for the administration of the provisions of ORS 345.430 and 690.005 to 690.235 and prescribe safety and infection control requirements for facilities. Infection control requirements for facilities shall be subject to the approval of the Department of Human Services. A copy of the rules adopted by the board shall be furnished by the board to the owner or manager of each facility.

(2) Notwithstanding subsection (1) of this section, the use of the facility for domestic purposes may not be prohibited by the board if the part devoted to domestic purposes is in a completely separate room not used by customers, with walls extending from floor to ceiling and with any connecting doors kept closed while the facility is in actual operation.

(3) Any rules adopted by the board shall be adopted in accordance with the procedures set forth in ORS chapter 183. [1977 c.886 §§20,22(2); 1983 c.151 §16; 1993 c.267 §15; 1999 c.425 §21; 2003 c.547 §48]

690.210 [Repealed by 1977 c.270 §3; 1977 c.842 §26 and 1977 c.886 §42]

690.215 [1977 c.886 §22(1); 1999 c.425 §22; repealed by 2003 c.547 §118]

690.220 [Amended by 1969 c.687 §12; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.225 Inspections. (1) In addition to any other duties prescribed by law, the Health Licensing Office shall provide for the inspection of facilities and schools licensed to teach practitioner skills under ORS 345.010 to 345.450.

(2) Inspections conducted under this section shall determine whether the facilities comply with the health, safety, infection control and licensing rules of the Board of Cosmetology and whether the schools comply with the health, safety and infection control requirements under ORS 345.010 to 345.450 and rules of the Health Licensing Office. A report of the results of the inspection shall be submitted to the Department of Education. [1977 c.886 §26; 1983 c.151 §17; 1987 c.31 §11; 1987 c.414 §86; 1989 c.491 §68; 1993 c.45 §299; 1993 c.267 §16; 1995 c.343 §69; 1999 c.425 §23; 1999 c.885 §21a; 2003 c.547 §49]

690.227 [1999 c.425 §24; repealed by 2003 c.547 §118]

690.228 [1983 c.151 §16b; 1999 c.425 §31; repealed by 2003 c.547 §118]

690.230 [Amended by 1961 c.436 §4; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.235 Fees; rules; disposition of receipts. (1) The Health Licensing Office, in consultation with the Board of Cosmetology, shall establish by rule and collect fees. No fee shall exceed the following:

(a) Application for a certificate, license or permit, $25.

(b) Issuance of an original two-year practitioner certificate, $100.

(d) Each initial examination section in an individual field of practice and reexamination of failed sections, $25.

(e) Issuance of a demonstration permit, $25.

(f) Issuance of a facility license, $100.

(g) Renewal of a facility license, $100.

(h) Issuance of a temporary facility permit, $100.

(i) Issuance of an independent contractor registration, $100.

(j) Renewal of an independent contractor registration, $100.

(k) Issuance of a duplicate or replacement certificate, license or permit, $25.

(L) Late renewal fee, $25.

(m) Reciprocity fee, $200.

(n) Issuance of a certificate of identification, $100.

(2) All moneys received by the Health Licensing Office under this section shall be paid into the General Fund of the State Treasury and credited to the Health Licensing Office Account, and are appropriated continuously and shall be used by the Health Licensing Office only for the administration and enforcement of ORS 690.005 to 690.235.

(3) The fees established by the Health Licensing Office under subsection (1) of this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees shall not exceed the cost of administering ORS 690.005 to 690.235 pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the Health Licensing Office’s budget, as that budget may be modified by the Emergency Board.

(4) In addition to the fees established under subsection (1) of this section, the Health Licensing Office may assess fees for providing copies of official documents or records in specific formats and for recovering administrative costs associated with compiling, photocopying or preparing and delivering the records. [1977 c.886 §23; 1981 c.141 §3; 1983 c.151 §18; 1987 c.414 §87; 1989 c.675 §1; 1993 c.267 §17; 1999 c.425 §25; 1999 c.885 §22; 2003 c.547 §50]

690.240 [Amended by 1969 c.377 §2; repealed by 1971 c.734 §21]

690.243 [1977 c.886 §24; repealed by 1979 c.31 §1]

690.245 [1971 c.734 §146; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.250 [Amended by 1969 c.377 §3; repealed by 1971 c.734 §21]

690.260 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.270 [Repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.275 [1977 c.886 §38a; 1979 c.855 §1; 1983 c.151 §20; renumbered 345.460]

690.280 [Amended by 1965 c.373 §1; 1971 c.753 §31; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.290 [Amended by 1969 c.377 §1; 1973 c.832 §40a; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.300 [Amended by 1965 c.274 §3; 1969 c.314 §91; 1969 c.377 §4; 1973 c.832 §40b; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.310 [Amended by 1969 c.377 §5; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.320 [Amended by 1973 c.832 §41; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.330 [Amended by 1961 c.436 §5; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.340 [Amended by 1967 c.637 §34; repealed by 1977 c.842 §26 and 1977 c.886 §42]

ELECTROLOGISTS; PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS

(Generally)

690.350 Definitions for ORS 690.350 to 690.430. As used in ORS 690.350 to 690.430, unless the context requires otherwise:

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

(2) “Council” means the Advisory Council for Electrologists and Permanent Color Technicians and Tattoo Artists.

(3) “Electrologist” means a person who practices electrolysis pursuant to the provisions of ORS 690.350 to 690.430.

(4) “Electrology facility” means any room or space or any part thereof where electrolysis is practiced or where the business of electrology is conducted.

(5) “Electrolysis” means the process by which hair, with a series of treatments, is permanently removed from the skin by inserting a needle-conductor into the hair follicle and directing electrical energy toward the hair cell. The word “electrolysis” is used in generic form in ORS 690.350 to 690.430 and refers to modalities of galvanic electrolysis, thermolysis and combinations thereof.

(6) “Licensed electrologist” means a person licensed under the provisions of ORS 690.350 to 690.430 to practice electrolysis.

(7) “Licensed permanent color technician and tattoo artist” means a person licensed under the provisions of ORS 690.350 to 690.430 to practice tattooing.

(8) “Permanent color technician and tattoo artist” means a person who practices tattooing pursuant to the provisions of ORS 690.350 to 690.430.

(9) “Physician” means a person licensed to practice the healing arts by this state pursuant to ORS chapter 677, 684 or 685.

(10) “Schools of electrolysis” means career schools licensed by the Department of Education under ORS 345.010 to 345.450 where electrolysis and related subjects are taught.

(11) “Schools of permanent coloring or tattooing” means career schools licensed by the Department of Education under ORS 345.010 to 345.450 in which permanent coloring or tattooing and related subjects are taught.

(12) “Tattoo” means the indelible mark, figure or decorative design introduced by insertion of nontoxic dyes or pigments into or under the dermal portion of the skin upon the body of a live human being.

(13) “Tattooing” means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the dermal portion of the skin so as to form indelible marks for cosmetic, medical or figurative purposes.

(14) “Tattoo facility” means any room or space or any part thereof where tattooing is practiced or where the business of tattooing is conducted.

(15) “Teacher” means a person who is registered by the Department of Education to teach in a school of electrolysis or school of permanent coloring or tattooing pursuant to the provisions of ORS 345.010 to 345.450 and 690.350 to 690.430. [1987 c.698 §1; 1993 c.30 §1; 1993 c.45 §300; 1999 c.885 §37; 2003 c.547 §51]

690.355 License required to perform electrolysis or tattooing; exceptions. No person, including an electrologist or a permanent color technician and tattoo artist, shall perform electrolysis or tattooing, display a sign or in any other way advertise or purport to be an electrologist or permanent color technician and tattoo artist unless that person holds a valid license issued by the Health Licensing Office. However, ORS 690.350 to 690.430 do not prevent or affect the use of electrolysis or tattooing by a physician, a person under the control and supervision of a physician or any other person specifically permitted to use electrolysis or tattooing by law. [1987 c.698 §2; 1989 c.171 §82; 1993 c.30 §2; 1999 c.885 §38]

690.360 Prohibited acts. No person shall:

(1) Sell, barter or offer to sell or barter a license;

(2) Purchase or procure by barter a license with intent to use it as evidence of the person’s qualification to practice electrolysis or tattooing;

(3) Alter materially a license with fraudulent intent;

(4) Use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered; or

(5) Willfully make a false, material statement in an application for licensure or for renewal of a license.

(6) Operate an electrology facility or tattoo facility without obtaining an electrology facility license or tattoo facility license. [1987 c.698 §13; 1993 c.30 §3; 2003 c.547 §52]

(Licensing)

690.365 License fee; general qualifications; initial license; expiration. (1) An applicant for licensure shall pay a fee established by the Health Licensing Office under ORS 690.350 to 690.430 and shall show to the satisfaction of the agency that the applicant:

(a) Has complied with the provisions of ORS 690.350 to 690.430 and the applicable rules of the agency;

(b) Is not less than 18 years of age;

(d) Has submitted evidence of completion of education and training prescribed and approved by the agency under ORS 690.410; and

(e) Has passed an examination approved, administered or recognized by the agency.

(2) Subject to the provisions of ORS 676.612, the agency shall issue a license to each applicant who provides evidence satisfactory to the agency of completion of all requirements for licensure. An initial license shall be issued for one year and expires unless renewed on or before the expiration date by payment of required fees and demonstration of completion of continuing education requirements specified by rule. [1987 c.698 §3; 1993 c.30 §4; 2001 c.104 §264; 2003 c.547 §53]

690.370 Examinations. (1) An applicant for licensure who is notified by the Health Licensing Office that the applicant has fulfilled the requirements of ORS 690.365 (1)(a) to (d) shall appear at a time, place and before such persons as the agency may designate, for an examination.

(2) The agency shall offer an examination at least twice a year. The applicant who fails any part of the examination may apply to retake the failed section or sections twice without being required to obtain additional training. [1987 c.698 §4; 2001 c.104 §265; 2003 c.547 §54]

690.380 Display of license required; notice to Health Licensing Office of place of business; notice to licensees; license to operate tattoo facility. (1) A person who holds a license under ORS 690.350 to 690.430 shall notify the Health Licensing Office in writing of the regular address of the place or places where the person performs or intends to perform electrolysis or tattooing and shall keep the license conspicuously posted in the place of business at all times.

(2) The agency shall keep a record of the place or places of business of each person who holds a license.

(3) Any notice required to be given by the agency to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the agency.

(4) The agency shall issue to each qualified applicant a license to operate an electrology facility and to advertise electrolysis services for which the facility is licensed.

(5) The agency shall issue to each qualified applicant a license to operate a tattoo facility and to advertise permanent makeup or tattooing services for which the facility is licensed. [1987 c.698 §8; 1993 c.30 §5; 2001 c.104 §266; 2003 c.547 §55]

690.385 License renewal; fees; effect of failure to renew; continuing education requirement; rules. (1) Except as otherwise provided in this section, a license issued under ORS 690.365 expires one year after the date of issue unless renewed by payment of the required renewal fee. The Health Licensing Office, however, may vary the date of license renewal by giving to the applicant written notice of the renewal date being assigned and by making prorated adjustments in the renewal fee. If payment is transmitted by postal service, the envelope must be postmarked on or before the expiration of the license. If the license expires, the license may be renewed on payment of a renewal fee and late penalty fee established by the agency under ORS 690.350 to 690.430.

(2) The agency may suspend the license of any person who fails to renew. A suspended license may be reactivated upon the payment of a reactivation fee established by the agency under ORS 690.350 to 690.430 and all past unpaid renewal fees.

(3) A person applying for reactivation shall not be required to take an examination as a condition of reactivation if the reactivation occurs within three years after the date of the license expired.

(4) All electrologists and permanent color technicians and tattoo artists must participate in continuing education, with guidelines and effective date to be established by rule of the agency. [1987 c.698 §9; 1993 c.30 §6; 2001 c.104 §267; 2003 c.547 §56]

690.390 Required standards for licensees. Licensed practicing electrologists and permanent color technicians and tattoo artists shall meet the following standards and any others the Health Licensing Office may adopt by rule:

(1) Electrolysis and tattooing instruments shall be sterilized in accordance with methods approved by the rules of the Health Licensing Office;

(2) Practicing electrologists and permanent color technicians and tattoo artists shall be equipped with appropriate sterilizing equipment, with availability of hot and cold running water and a covered waste receptacle; and

(3) Case history cards shall be kept for each client. [1987 c.698 §11; 1993 c.30 §7]

690.395 [1987 c.698 §10; 1993 c.30 §8; 2001 c.104 §268; repealed by 2003 c.547 §118]

690.400 [1987 c.698 §12; repealed by 2003 c.547 §118]

(Administration)

690.405 Powers and duties of Health Licensing Office relating to practice of electrolysis, permanent coloring or tattooing. The powers and duties of the Health Licensing Office as related to ORS 690.350 to 690.430 are as follows:

(1) To authorize all disbursements necessary to carry out the provisions of ORS 690.350 to 690.430;

(2) To determine training and experience requirements for taking the examination and to supervise and administer examinations to test the knowledge of applicants for licensure;

(3) To license persons who apply to the agency and who have qualified to practice electrolysis, permanent coloring or tattooing;

(4) To rent facilities when necessary to carry out the examination of applicants for licensure;

(5) To renew licenses;

(6) To suspend or revoke licenses or place licensees on probation in the manner provided by ORS 690.350 to 690.430;

(7) To appoint representatives to conduct or supervise the examination of applicants for licensure;

(8) To designate the time and place for examining applicants for licensure;

(9) Subject to the provisions of ORS chapter 183, to adopt rules that are necessary to carry out the provisions of ORS 690.350 to 690.430;

(10) To carry out the periodic inspection of facilities of persons who practice electrolysis or tattooing;

(11) To issue a tattoo facility license or a temporary facility permit to qualified applicants upon compliance with ORS 690.350 to 690.430;

(12) To issue an electrology facility license or a temporary facility permit to qualified applicants upon compliance with ORS 690.350 to 690.430; and

(13) Notwithstanding ORS 690.355, to issue demonstration and temporary permits to perform services as prescribed by agency rule. [1987 c.698 §15; 1993 c.30 §9; 1999 c.885 §39; 2003 c.547 §59]

690.407 Disciplinary authority of Health Licensing Office. In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person practicing electrolysis or permanent coloring or tattooing for any of the grounds listed in ORS 676.612, and for any violation of the provisions of ORS 690.350 to 690.430, or the rules adopted thereunder. [2003 c.547 §57]

690.410 Minimum standards of education and training; rules; schools. (1) The Health Licensing Office, in accordance with ORS chapter 183 and in consultation with the Advisory Council for Electrologists, Permanent Color Technicians and Tattoo Artists, shall adopt by rule minimum standards of education and training requirements for the practice of electrolysis, permanent coloring and tattooing.

(2) The Health Licensing Office shall approve electrolysis, permanent coloring and tattooing courses of study. An outline of instruction shall be filed with the agency and with the Department of Education. The outline must include the approved courses, total hours of instruction, hours of lectures in theory and the hours of instruction in application of practical skills.

(3) Schools of electrolysis and schools of permanent coloring or tattooing must comply with the agency’s safety and infection control rules and are subject to inspection at the discretion of the agency and the Department of Education. A report of the results of each inspection shall be submitted to the department.

(4) An owner of a facility that is also licensed by the Department of Education as a school of electrolysis or a school of permanent coloring or tattooing under ORS 345.010 to 345.450, may employ an individual licensed under ORS 690.350 to 690.430 and registered as a teacher by the Department of Education to perform electrolysis, permanent coloring or tattooing for instructional purposes. [1987 c.698 §6; 1989 c.475 §1; 1989 c.491 §69; 1993 c.30 §10; 1993 c.45 §301; 1999 c.885 §40; 2001 c.104 §269; 2003 c.547 §60]

690.415 Fees; rules; disposition of receipts. (1) The Health Licensing Office shall establish by rule and collect fees for:

(a) Application.

(b) Examination.

(d) Reciprocity.

(e) Initial annual license.

(f) License renewal, active and inactive.

(g) Late renewal.

(h) License reactivation.

(i) Duplicate license.

(j) Demonstration and temporary permits.

(k) Facility license issuance and renewal, active or inactive.

(L) Providing copies of official documents or records in specific formats and for recovering administrative costs associated with compiling, photocopying or preparing and delivering the records.

(3) The fees established by the Health Licensing Office under this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees established under this subsection shall not exceed the cost of administering the regulatory program under ORS 690.350 to 690.430 pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the budget for ORS 690.350 to 690.430, as the budget may be modified by the Emergency Board. [1987 c.698 §5; 1991 c.703 §33; 1993 c.30 §11; 2001 c.104 §270; 2003 c.547 §61]

690.420 [1987 c.698 §§23,27; 1991 c.734 §104; 1999 c.885 §41; repealed by 2003 c.547 §118]

(Advisory Council)

690.425 Advisory council; membership; terms; compensation. (1) There hereby is created in the Health Licensing Office the Advisory Council for Electrologists and Permanent Color Technicians and Tattoo Artists. The council shall consist of five members to be appointed by the Governor.

(2) Members of the council shall be residents of this state. Two members must be practicing electrologists with a minimum of two years of experience. One member shall be a licensed and practicing permanent color technician and tattoo artist. One member shall be a licensed physician in this state. One member shall be a public member who does not possess the professional qualifications of other members.

(3) No person shall serve more than two consecutive two-year terms.

(4) The term of office of a member shall begin on January 1. A member shall continue to serve until a successor who qualifies has been appointed. Before a member’s term expires, the Governor shall appoint a successor to assume the duties of office on January 1 at the expiration of the predecessor’s term.

(5) A vacancy on the council shall be filled by appointment for the unexpired term through a list of qualified names submitted to the Governor.

(6) The council shall meet at least once a year.

(7) Members of the council shall be entitled to compensation and expenses as provided in ORS 292.495. [1987 c.698 §24; 1993 c.30 §12; 1999 c.885 §42; 2003 c.547 §62]

690.430 Duties of advisory council. (1) The Advisory Council for Electrologists and Permanent Color Technicians and Tattoo Artists shall have the responsibility and duty of advising the Health Licensing Office in all matters relating to ORS 690.350 to 690.430, shall prepare or adopt the examinations required by ORS 690.350 to 690.430 subject to the approval of the agency and shall assist the agency in carrying out the provisions of ORS 690.350 to 690.430.

(2) The agency shall consider and be guided by the recommendations of the council in all matters relating to ORS 690.350 to 690.430. [1987 c.698 §26; 2001 c.104 §271; 2003 c.547 §63]

BODY PIERCING TECHNICIANS

690.500 Definitions for ORS 690.500 to 690.550. As used in ORS 690.500 to 690.550:

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

(2) “Body piercing” means the puncturing of a part of the body of a live human being so as to create a permanent hole for cosmetic purposes.

(3) “Body piercing facility” means any room, space, location, place, area, structure or business, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted.

(4) “Body piercing technician” means a person who practices body piercing pursuant to the provisions of ORS 690.500 to 690.570. [1995 c.562 §1; 1999 c.885 §51; 2003 c.547 §66]

Note: 690.500 to 690.570 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 690 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

690.507 Registration of body piercing technicians; licensure of body piercing facility; exceptions. (1) A person may not provide body piercing services without a body piercing technician registration issued by the Health Licensing Office.

(2) A person may not operate a body piercing facility without a body piercing facility license issued by the agency.

(3) This section does not prevent or affect the use of body piercing by a physician, a person under the control and supervision of a physician or any other person specifically permitted by law to engage in body piercing. [2003 c.547 §64]

Note: See note under 690.500.

690.510 Registration required for body piercing technician; requirements for issuance; expiration and renewal. (1) In addition to any other duties prescribed by law, there is established within the Health Licensing Office a registration program to provide for the registering of body piercing technicians.

(2) The agency shall issue a body piercing technician registration to any person who:

(a) Files an application in the form and manner prescribed by the agency;

(b) Pays the application and registration fees prescribed by the agency;

(A) An information packet regarding safety, infection control and sterilization requirements adopted by the agency by rule;

(B) A copy of the written notification for clients advising of the risks and possible consequences of body piercing services; and

(d) Complies with all other requirements established by the agency.

(3) A registration issued under this section shall state that registration does not attest to the body piercing technician’s qualifications based on training or education, nor does the registration validate minimum competency to perform body piercing services.

(4) The body piercing technician registration shall be posted in a conspicuous place on the premises of a licensed body piercing facility.

(5) A registration issued under this section expires annually and may be renewed upon application to the agency, payment of the renewal fee established pursuant to ORS 690.550 and compliance with ORS 690.500 to 690.550 and rules adopted by the agency pursuant to ORS 690.500 to 690.550. [1995 c.562 §2; 1999 c.885 §52; 2003 c.547 §67]

Note: See note under 690.500.

690.515 Disciplinary authority of Health Licensing Office. In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person practicing body piercing for any of the grounds listed in ORS 676.612, and for any violation of the provisions of ORS 690.500 to 690.550 or the rules adopted thereunder. [2003 c.547 §72]

Note: See note under 690.500.

690.520 Licensing of body piercing facilities; inspections; requirements for issuance; expiration and renewal; exemptions. (1) In addition to any other duties prescribed by law, there is established within the Health Licensing Office a licensing program to provide for the licensing of body piercing facilities.

(2) Pursuant to ORS 676.618, the agency shall conduct periodic inspections of body piercing facilities to determine compliance with safety, infection control and sterilization requirements.

(3) The agency shall issue a body piercing facility license to any person who:

(a) Files an application in the form and manner prescribed by the agency;

(b) Pays the application and license fees prescribed by the agency;

(c) Demonstrates compliance with all safety, infection control and sterilization requirements adopted by the agency by rule; and

(d) Complies with all other requirements established by the agency.

(4) A license issued under this section expires annually and may be renewed upon application to the agency, payment of the renewal fee established pursuant to ORS 690.550 and compliance with ORS 690.500 to 690.550 and rules adopted by the agency pursuant to ORS 690.500 to 690.550.

(5) The body piercing facility license shall be posted in a conspicuous place on the premises of the facility.

(6) This section shall not prevent or affect the use of body piercing by a physician, a person under the control and supervision of a physician or any other person specifically permitted by law to engage in body piercing. [1995 c.562 §3; 1999 c.885 §53; 2003 c.547 §68]

Note: See note under 690.500.

690.530 Body piercing facility requirements. Any person operating a body piercing facility licensed under ORS 690.520 shall:

(1) Provide to all customers a written statement approved by the Health Licensing Office that advises the customer of risks or dangers involved in the procedure and all complications that may occur;

(2) Post in public view in the body piercing facility a disclosure statement established by the Health Licensing Office by rule; and

(3) Post in public view in the body piercing facility a notice containing the address of the Health Licensing Office and the procedure for filing a complaint as established by the Health Licensing Office by rule. [1995 c.562 §4; 2001 c.104 §272]

Note: See note under 690.500.

690.540 [1995 c.562 §5; 1999 c.885 §54; repealed by 2003 c.547 §118]

690.550 Fees; disposition of receipts. (1) The Health Licensing Office shall charge fees for the following in amounts not less than:

(a) Facility application, $100.

(b) Initial facility license, $100.

(d) Technician application, $10.

(e) Initial technician registration, $25.

(f) Annual renewal of technician registration, $25.

(g) Duplicate license or registration, $10.

(2) The fees in subsection (1) of this section shall not exceed the cost of administering the regulatory programs established pursuant to ORS 690.500 to 690.550 pertaining to the purpose for which each fee is established.

(3) All moneys received by the agency under this section shall be paid into the General Fund in the State Treasury and placed to the credit of the Health Licensing Office Account, and such moneys hereby are appropriated continuously and shall be used only for the expenditures, including but not limited to costs associated with staffing, needed for the administration and enforcement of ORS 690.500 to 690.570. [1995 c.562 §6; 1999 c.885 §55; 2003 c.547 §69]

Note: See note under 690.500.

690.560 [1995 c.562 §7; repealed by 2003 c.547 §118]

690.570 Rules. In accordance with ORS chapter 183, the Health Licensing Office shall adopt rules necessary to implement and enforce ORS 690.500 to 690.550. [1995 c.562 §9; 2003 c.547 §71]

Note: See note under 690.500.

PENALTIES

690.990 [Amended by 1977 c.270 §2; repealed by 1977 c.842 §26 and 1977 c.886 §42]

690.992 Criminal penalties. (1) Violation of ORS 690.015 is a Class B misdemeanor.

(2) Violation of ORS 690.355 or 690.360 is a Class A misdemeanor.

(3) Violation of ORS 690.507 is a Class A misdemeanor. [1977 c.886 §25; subsection (2) enacted as 1987 c.698 §14; 2003 c.547 §74]

Note: 690.992 (2) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 690 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

690.995 [1983 c.151 §22; 1991 c.734 §80; 1999 c.425 §26; repealed by 2003 c.547 §118]

690.996 [1987 c.698 §§16,18,19,20; 2001 c.104 §273; repealed by 2003 c.547 §118]

690.997 [1987 c.698 §17; 1991 c.734 §81; repealed by 2003 c.547 §118]

690.998 [1987 c.698 §§21,22; repealed by 1991 c.734 §122]

690.999 [1995 c.562 §8; 1999 c.885 §56; repealed by 2003 c.547 §118]

679.500 Administration of local anesthesia for purposes of tattooing human lips; rules.

The Oregon Board of Dentistry shall adopt rules authorizing a dentist licensed to practice dentistry in Oregon to administer local anesthesia for the purpose of tattooing> human lips by a licensed permanent color technician and <tattoo artist under ORS 690.350 to 690.430.

[1999 c.578 §§ 10]

Oregon Acts
Enrolled House Bill 2609 of 2001 - PART B
71st OREGON LEGISLATIVE ASSEMBLY -- 2001 Regular Session
Enrolled House Bill 2609
AN ACT Relating to correction of erroneous material in Oregon law; creating new provisions; amending

690.380. (1) A person who holds a license shall notify the Health Licensing Office in writing of the regular address of the place or places where the person performs or intends to perform electrolysis or <tattooing> and shall keep the license conspicuously posted in the place of business at all times. (2) The office agency shall keep a record of the place or places of business of each person who holds a license. (3) Any notice required to be given by the office agency to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the office agency. (4) The office agency shall issue to each qualified applicant a license to operate a <tattoo> facility as defined in ORS 690.350 (13) and to advertise permanent makeup or <tattooing> services for which the facility is licensed. NOTE: Inserts correct defined term in (2), (3) and (4). See ORS 690.350(1).

Health Licensing Office Administrative Rules

HEALTH LICENSING OFFICE:
Electrologists, Permanent Color Technicians and Tattoo Artists
DIVISION 505
GENERAL ADMINISTRATION
331-505-0000
Definitions ir
The definitions of terms used in ORS 690.350 to 690.430 and ORS 690.992 and the rules of OAR Chapter 331, Divisions 500 through 590, are:
(1) “Advisory Council” means, pursuant to ORS 690.425, the entity that advises the agency in matters relating to the practice of electrology, permanent coloring and tattooing in accordance with ORS 690.430. The agency director controls the regulatory operations and has decision-making authority on all substantive matters.
(2) “Agency” means the Health Licensing Office. 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) "Clean" means the absence of soil and dirt by washing, sweeping, clearing away, or any other appropriate method rendering a sanitary condition.
(5) "Closed book" means without aid from or availability of written material.
(6) “Director” means the individual who is responsible for the performance of the agency under ORS 676.610. The director appoints all the subordinate officers and employees to carry out the duties of the agency.
(7) "Easily accessible" means unrestricted use or availability, easy to approach or enter.
(8) "Enclosed storage area" means separate room, closet, cupboard or cabinet.
(9) ”Equivalent" means comparable but not identical, covering the same subject matter.
(10) "Facility" means an establishment in which a licensee(s) performs electrolysis, permanent coloring or tattooing, or any combination thereof.
(11) “Health Licensing Office” means agency.
(12) "High-level dsinfectant" means a chemical agent, which has demonstrated tuberculocidal activity and is registered with the Environmental Protection Agency.
(13) "Incompetence" includes, but is not limited to, a demonstrated lack of ability or fitness to perform.
(14) "Linens" means cloths or towels used for such things as draping or protecting table.
(15) "Low-level disinfectant" means a chemical agent, which has demonstrated bactericidal, germicidal, fungicidal and limited virucidal activity and is registered with Environmental Protection Agency.
(16)"Official tanscript" means an original document certified by a licensed or accredited school indicating hours and types of course work, examinations and scores that the student completed. The transcript must be mailed or delivered directly from the school to the agency by one of the following methods:
(a) Regular USPS mail service;
(b) Recognized mail service provider, such as UPS or FEDEX;
(c) Authorized courier;
(d) Electronic or facsimile transmission to specified agency email address and/or FAX number.
(17)"One year of work experience" means employment consisting of a 40-hour work week for a minimum of 50 consecutive weeks during a 12 month period or a cumulative total of 2,000 clock hours within a 24 month period.
(18) "Operatory" means isolated area where treatment or services are provided.
(19)"Part-time experience" means engaging in practice for a period of at least 24 weeks or l,000 hours during a 12 month time period.
(20) "Photographic identification" means an official document issued by a recognized governmental agency or entity, including but not limited to a valid driver's license, passport, health
identification card, or other document which contains personal information pertaining to the individual, a photograph and signature.
(21) "Place or places of business" means the physical location where services are performed or will be performed.
(22) "Premises" means the entire building or structure within which services are performed.
(23) "Probation" means continuation of licensure under conditions set by the agency.
(24) "Protective gloves" means gloves made of vinyl, latex or “Nitrile”.
(25) "Public view" means open to view and easy for the public to see, located in the operatory/treatment area, or waiting/lobby area at the place of business.
(26) "Reactivate" means to change an expired license to an active license.
(27) "Reciprocity" means that an applicant, holding an active certificate or license in another state, meets the qualifications and requirements for licensure based on satisfactory completion of education, training, and/or work experience determined equivalent to Oregon standards, and further that the applicant has demonstrated competency by satisfactory completion of a national or state written and/or practical examination recognized or approved by the agency.
(28) "Renew" means to extend a current license for a year beyond expiration or to bring an expired license to current, active status.
(29) "Residence address orplace(s) of business" means a street, route or location address, not a post office box. lrt
(30)"Sharps" means any object that can penetrate the skin, including but not limited to needles, scalpel blades, lancets, glass tubes, or other instruments that could be broken during handling, and syringes that have been removed from their original sterile containers.
(31) "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 labeled with the "Biohazard" symbol.
(32) "Singe Use" means products 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.
(34)(33) "Sterilization" means destruction of all forms of microbiotic life, including spores.
(34) "Suspend" refers to two distinct meanings defined by statute: ORS 690.385(2) pertaining to voluntary license expiration, and ORS 676.612 pertaining to disciplinary action.
(35) "Unde direc supervision of a physician" means employed by and working in the office of a physician, with treatment ordered by and reimbursed to the physician.
Stat. Auth. : ORS 676.615, 690.405(9) Stats. Implemented: ORS 676.615, 690.405 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 4-1991, f. 3-15-91, cert. ef. 4-1-91; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0020]
331-505-0010
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 Health Licensing Office are as follows:
(a) APPLICATION:
(A) Practitioner license: $100;
(B) Electrology facility license: $50;
(C) Tattooing facility license: $100
(D) Demonstration permit: $25
(E) Temporary facility Permit: $25;
(b) PRACTITIONER LICENSE:
(A) Initial issuance and renewal of electrologist license: $125;
(B) Initial issuance and renewal of permanent coloring or tattooing license: $175;
(c) FACILITY LICENSE:
(A) Initial issuance and renewal of electrology facility license: $150;
(B) Initial issuance and renewal of permanent coloring or tattooing facility license: $250;
(d) EXAMINATION:
(A) Electrology - written: $50;
(B) Electrology - practical: $100;
(C) Permanent Coloring or Tattooing - written: $50;
(D) Permanent Coloring or Tattooing – skills assessment: $100;
(e) PERMITS:
(A) Demonstration permit: $50;
(B) Temporary facility permit: $50;
(f) OTHER FEES
(A) Late fee: $10;
(B) Reactivation fee: $50;
(C) Annual renewal for suspended license: $50;
Stat. Auth.: ORS 676.605, 676.615, 690.415 Stats. Implemented: ORS 676.605, 676.615, 690.415 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 4-1991, f. 3-15-91, cert. ef. 4-1-91; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; OHD 14-1998, f. 12-9-98, cert. ef. 12-15-98; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0155]
“PERMANENT COLORING & TATTOOING”
DIVISION 550
DEFINITIONS FOR THE PRACTICE OF
PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS
331-550-0000
Permanent Coloring and Tattooing Definitions
In addition to definitions listed in OAR 331-505-0000, the following terms apply as used in OAR 331, Divisions 550 through 590.
(1) "Access" means immediate unrestricted use or availability, easy to approach or enter.
(2) "Completed procedure" means, for the purposes of determining qualification for licensure under OAR 331-555-0010; a tattoo which has been finished, including any touchups or additional work following initial healing, and the client is released from service, as follows:
(a) Figurative tattooing includes outlining and shading, use of different size/configuration of needles, a new design on a client or a different client;
(b) Cosmetic tattooing includes eyeliner, eyebrows, lip liner, full lip color, repigmentation or camouflage but does not include beauty marks.
(3) "Direct supervision" means the teacher is present and actively involved in direct oversight and training to a person who has not completed the requirements of OAR 331-555-0010.
(4) “Instruments” means devices, tools and implements used in permanent coloring and tattooing services.
(5) “Needle” means the implement used to insert dyes or pigments into the dermis of the skin during permanent coloring or tattooing procedures.
(6) “Needle bar” means the metal or plastic device used to attach the needle to a tattoo machine.
(7) “Practical” means one-on-one training under the direct supervision of an teacher in the application of permanent coloring or tattooing.
(8) “Repigmentation” means recoloration of the skin:
(a) After dermabrasion, chemical peels, removal or resolution of birthmarks, vitiligo or other skin conditions which result in the loss of melanin to the skin;
(b) Scarring caused by surgical procedures, such as face lifts, mole or wart removal, cauterization, etc.;
(c) Burn grafts and other skin irregularities caused by burns or photo damage;
(d) Mastectomy, i.e. recreation of an areola or nipple; or
(e) Blotchy pigmentation requiring camouflage.
(9)”Theory” means all forms of relevant study, which do not involve the application of permanent makeup or tattoos on human skin. Theory may include but is not limited to review of videos or written matter, attendance at lectures, or application of tattoos or permanent makeup on materials other than human skin.
Stat. Auth : ORS 676.615, 690.405(9) Stats. Implemented: ORS 676.615, 690.405 Hist.: HD 16-1988, f. & cert. Ef. 7-15-88; HD 4-1991, f. 3-15-91, cert. Ef. 4-1-91; HD 24-1993, f. 12-30-93, cert. Ef. 1-1-94; HDLP 1-1999, f. 1-26-99, cert. Ef. 2-1-99 [Renumbered from 333-305-0020]
DIVISION 555
PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS: QUALIFICATIONS FOR LICENSURE
331-555-0010
Approved Course of Study
(1) To be approved by the Health Licensing Office, a course of study shall include at least 360 hours of instruction. The course shall include at least 210 hours of theory and at least 150 hours of practical work. This practical work must include as a minimum 50 completed procedures.
(2) All practical applications performed during training in the subject areas listed in subsection (3) of this rule shall be counted toward meeting the minimum 150 hours of practical tattooing experience.
(3) The agency’s approved course of study shall include, but is not limited to, the following areas:
(a) Needles and needle bars: 20 hours of theory;
(b) Tattoo machines and equivalent equipment: 20 hours of theory;
(c) Equipment / Supplies: 20 hours of theory;
(d) Safety, Infection Control and Sterilization: 40 hours of theory;
(e) Basic color theory and pigments: 10 hours of theory;
(f) Design, art and placement: 10 hours of theory;
(g) Skin: 20 hours of theory;
(h) Client services 20 hours of theory;
(i) Business operations, including exposure control plan and federal regulations: 40 hours of theory;
(j) Oregon Laws and Rules: 10 hours of theory training.
(4) As part of the approved course of study, all hours of theory must be completed prior to practical work being performed on the general public.
(5) Training shall meet minimum objectives listed in OAR 331-555-0010 and shall be conducted under the direct supervision and authority of an Oregon licensed permanent coloring technician and tattoo artist, registered as a teacher by the Department of Education, Private Career Schools.
(6) A registered teacher shall provide direct supervision of practical training on a one-to-one student/teacher ratio as defined in OAR 331-550-0000(3) for students performing practical training and when the student is working on the general public.
(7) Arrangements for the time, place and cost of education and training shall be arranged between the applicant and the school providing the training.
Stat. Auth : ORS 690.405, 690.410 Stats. Implemented: ORS 690.405, 690.410 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0030]
331-555-0030
Experience Equivalency Standards
An applicant shall not be required to comply with the training requirements under OAR 331-555-0010 to the extent the agency determines that training and/or work experience obtained is equivalent to minimum requirements based on documentation of two years full-time or four years part-time active work experience in the field of permanent coloring or tattooing. - 4 -
Stat. Auth.: ORS 690.365, 690.405, 690.410 Stats. Implemented: ORS 690.365, 690.405, 690.410 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0045 & 333-305-0050]
331-555-0040
Application Requirements
(1) Individuals applying for licensure to practice permanent coloring or tattooing 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) and be accompanied by payment of the application, examination and license fees.
(3) Applicants shall be at least 18 years of age, and shall provide documentation, confirming date of birth, such as a copy of the birth certificate, driver's license, passport or school/military/governmental record.
(4) Applicants shall have completed four years of standard high school education or the equivalent. Acceptable documentation is a high school diploma, letter from school or military records verifying completion, GED passing scores, or proof of enrollment in a post-secondary educational institution.
(5) The completed application must include submission of satisfactory evidence of required training under OAR 331-555-0010 by one of the following education and training pathways for licensure:
(a) OFFICIAL TRANSCRIPT: The document shall be mailed directly to the agency from a licensed or accredited school or an equivalent institution recognized by the agency, showing completion of the prescribed course of study, listed in OAR 331-555-0010 or its equivalent, approved by the agency, and shall be issued by:
(A) A school of tattooing licensed by the Department of Education, Private Career Schools, under ORS 345;
(B) A licensed or accredited school of tattooing located in another state where the practice is unregulated;
(C) An institution recognized by the agency, such as a medical facility or other county, state, or federal agency or entity, where training and education is provided by means of a standardized course of study, adhering to prescribed curriculum objectives and criteria.
(D) The transcript must be mailed or transmitted directly to the agency or delivered in a sealed envelope by an authorized courier.
(b) OUT OF STATE LICENSURE: A professional practicing under a valid permanent color or tattoo license issued by a city, state, or county which meets or exceeds Oregon standards must provide verification by the mailing of an original Affidavit of Licensure form affixed with the applicable state, county or city seal or stamp, signed by the regulatory authority where the application is currently licensed, and mailed directly to the agency by the regulatory authority.
(c) EXPERIENCE EQUIVALENCY: All other permanent color or tattoo professionals working in a city, county, state or country where the practice of permanent coloring and tattooing is unregulated, must provide documentation in the form of tax returns, authenticated by the federal Internal Revenue Service, verifying that the tax returns have been filed. Personal tax returns must substantiate that the individual acquired work experience through two years of active full-time practice in the field of permanent coloring or tattooing. The agency may request additional information to substantiate qualification if the tax return does not verify that the individual has been practicing permanent coloring or tattooing in an unregulated state.
Stat. Auth.: ORS 690.365, 690.405 Stats. Implemented: ORS 690.365, 690.405 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0035]
DIVISION 560
PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS: EXAMINATIONS
331-560-0000
Examination Authorization
(1) The Health Licensing Office will conduct examinations for licensure. A schedule of examination dates and times is available at the agency upon request. Applicants will not be eligible for an examination until all documentation and fee requirements have been completed.
(2) The agency reserves the right to alter or adjust examination dates, times and locations as it deems necessary to meet emergency situations and will notify applicants and schools in advance whenever possible.
(3) Applicants shall be required to present photographic identification such as a driver’s license and their original Social Security card at the time of the examination.
Stat. Auth.: ORS 690.370, 690.405 Stats. Implemented: ORS 690.370, 690.405 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 4-1991, f. 3-15-91, cert. ef. 4-1-91; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [ Renumbered from 333-305-0075 & 333-305-0080]
331-560-0010
Examination for Licensure
(1) Applicants for licensure must satisfactorily pass the written examination(s) that tests the applicant's knowledge of:
(a) Basic principles of safety, infection control and sterilization;
(b) Oregon laws and rules (including licensure requirements and regulations);
(c) Chemical use and storage;
(d) Diseases/disorders (skin, HIV, Hepatitis B, C and D viruses, communicable/transmittable);
(e) Equipment, supplies, tools and implements;
(f) Practice standards;
(g) Facility standards;
(h) Definitions.
(2) The examination shall consist of two sections as follows:
(a) 100 written multiple choice questions not to exceed one hour in duration; and
(b) 50 written skill assessment questions not to exceed one hour in duration.
(3) Examination candidates must achieve a 75 percent or higher score on each section to pass the written examination.
(4) The examination will be conducted in English.
(5) Applicants failing to successfully complete the examination process and attain licensure within two years from the date of the initial application or the most recent examination attempt, whichever is later, shall be required to:
(a) Reapply for examination according to OAR 331-555-0040;
(b) Pay the appropriate fees; and
(c) Retake examination.
Stat. Auth.: ORS 690.405, 690.410(3)(b) Stats. Implemented: ORS 690.405, 690.410(3)(b) Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 4-1991, f. 3-15-91, cert. ef. 4-1-91; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0070]; HDLP 2-1999, f. & cert. ef. 7-1-99
331-560-0020
Special Examination Accommodations
(1) Applicants who have a learning, psychological, physical, or other disability, which requires an accommodation to the regular testing environment may request a special examination.
(2) Requests for accommodation shall be made on forms provided by the agency and shall contain supporting documentation completed by a licensed professional holding appropriate credentials qualified to certify that the applicant's disabling condition requires the requested test accommodation.
(3) A "Request for Accommodation" form must be submitted to the agency in advance of the scheduled examination date to make appropriate arrangements contingent upon the type of accommodation requested.
(4) All special examinations are conducted at the agency. If the agency is unable to accommodate the disability on-site special arrangements will be arranged for an adequate test site.
Stat. Auth.: ORS 690.370, 690.405 Stats. Implemented: ORS 690.370, 690.405 Hist.: HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99
331-560-0030
Examination Conduct; Disqualification
(1) Examinations are conducted in a designated area with restricted access. Authorization must be provided by the agency before bringing any material or electronic equipment or devices into the examination. Receiving or attempting to receive assistance during the examination, including assistance from other individuals, from notes books or devices or taking unauthorized items into the examination area shall invalidate the examination and result in forfeiture of the examination and fees.
(2) Examination Disqualification: A candidate may be immediately disqualified during or after the examination for conduct that interferes with the examination. Such conduct includes:
(a) Giving or receiving aid, directly or indirectly during the examination process;
(b) Obtaining help or information from notes, books, or other individuals to answer questions;
(c) Removing or attempting to remove any examination-related information, notes or materials from the examination site;
(d) Failing to follow directions relative to the conduct of the examination; and
(e) Exhibiting behavior that impedes the normal progress of the examination.
(3) Disqualification will invalidate the examination and result in forfeiture of the examination fees. The applicant will be required to reapply, submit additional examination fees and request in writing to schedule another examination. Reexamination will be scheduled at a date, time and place determined by the Director following the date of disqualification. Re-examination will be conducted at the agency.
Stat. Auth.: ORS 676.615, 690.405
Stats. Implemented: ORS 676.615, 690.405 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 4-1991, f. 3-15-91, cert. ef. 4-1-91; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0090]
331-560-0040
Notification of Examination Results
Examination results will be issued following completion of each examination section as part of the agency’s automated testing system. Applicants taking examinations conducted under special accommodation will be mailed results within seven calendar days following the date of examination.
Stat. Auth.: ORS 676.615, 690.370, 690.405 Stats. Implemented: ORS 676.615, 690.370, 690.405 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 4-1991, f. 3-15-91, cert. ef. 4-1-91; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0095]
331-560-0050
Examination Review Procedures
(1) Opportunity to review failed sections of the examination, conducted by use of the electronic touch screen computer testing system, are provided at the conclusion of each examination question/answer selection, or immediately following conclusion of the entire examination. Review of failed examination sections at a later time or date is prohibited.
(2) Applicants retaking the examination must present photographic identification such as a driver's license and their original Social Security card, as required by OAR 331-560-0000.
Stat. Auth.: ORS 676.615, 690.405 Stats. Implemented: ORS 676.615, 690.405 Hist.: HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01
331-560-0060
Retake of Examination Sections; Additional Training
(1) Failed sections of the examination may be retaken at the next available examination date and time, as scheduling allows. Retaking a failed examination requires registration and payment of the examination fees.
(2) Applicants who fail to pass any section of the written examination after three attempts (initial examination plus two retakes) shall be required to complete an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-555-0010(3), with emphasis on safety, infection control and sterilization, needles, machines, and equipment. Additional instruction must be obtained though an Oregon career school licensed under ORS 345.010 to 345.450.
(3) Prior to an applicant's fourth examination attempt, an official transcript must be received from an Oregon licensed career school which verifies that the applicant has satisfactorily completed the additional required hours of instruction.
Stat. Auth.: ORS 690.370, 690.405 Stats. Implemented: ORS 690.370, 6903405 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0105 & 333-305-0110]; HDLP 2-1999, f. & cert. ef. 7-1-99
DIVISION 565
PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS:
LICENSE ISSUANCE, RENEWAL AND REACTIVATION
331-565-0000
License Issuance; Renewal
(1) Licensees are subject to the provisions of OAR 331-030-0010 regarding issuance and renewal of a license, and to the provisions of OAR 331-030-0020 regarding the authorization to practice, identification, and the requirements for issuance of a duplicate authorization.
(2) Renewal payments received by the agency, or postmarked, after the expiration date but within one year of expiration, will be assessed a late fee in addition to the annual renewal fee.
(3) A license which has been expired for more than one year, but less than three, shall be deemed suspended and may be reactivated by meeting renewal and continuing education requirements and payment of:
(a) A suspended renewal fee for each year expired;
(b) A reactivation fee; and
(c) A renewal fee.
(4) Failure to meet continuing education requirements listed in OAR 331-570-0000 will require reapplication, submission of an application fee, examination fees and one-year licensee fee, and successfully passing all sections of the examination before a license will be reissued.
(5) Failure to renew or reactivate a license within three years from the date of expiration will require reapplication, submission of an application fee, examination fees and one-year licensee fee, and successfully passing all sections of the examination before a license will be reissued.
Stat. Auth.: ORS 690.385, 690405 Stats. Implemented: ORS 690.385, 690.405 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 4-1991, f. 3-15-91, cert. ef. 4-1-91; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0115]; HDLP 2-1999, f. & cert. ef. 7-1-99
331-565-0020
Facility License Issuance and Renewal; Cooperation in Inspections
All facilities must be licensed to provide permanent color and tattoo services prior to operating permanent color and tattoo facilities.
(1) The agency will issue a facility license to a qualified person, as provided in OAR 331-030-0010, if the applicant:
(a) Is at least 18 years of age, if the applicant is a natural person, as required in ORS 690.365(2). If the applicant is an entity other than a natural person, the entity must be formed and operated in accordance with Oregon law;
(b) Has registered with the Corporations Division and received an assumed business name prior to applying for a facility license (unless doing business under the full name of the owner);
(c) Applies on a form and with the information prescribed by the agency and pays the required application and license fees;
(d) Complies with all applicable rules and regulations;
(e) Certifies that application information is correct; and
(f) Meets the specifications for building, fire and plumbing codes as specified in OAR 331-580-0000 and complies with exit and fire standards established by the Building Codes Agency and Office of the State Fire Marshal.
(2) Facility license applicant must provide a map or direction to the business premises if the facility is located in a rural or isolated area, and submit a copy of the spore test results from applicant's autoclave, or submit a signed attestation requesting an exemption under OAR 331-585-0020(2) based on the exclusive use of prepackaged sterile tattooing equipment, including needles.
(3) A facility license holder must comply with the provisions of OAR 331-030-0010 regarding issuance and renewal of a facility license.
(4) Each facility license holder must:
(a) Allow the agency’s enforcement officer to inspect the facility when it is open for business;
(b) Ensure employees cooperate with agency enforcement officers and refrain from impeding an inspection in any way;
(c) Contact the agency in writing to make arrangements for an inspection if the agency has been unable to perform an annual inspection because the facility was closed.
Stat. Auth.: ORS 676.615, 690.360, 690.405 Stats. Implemented: ORS 676.615, 690.360, 690.405 Hist.: HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0062]; HDLP 2-1999, f. & cert. ef. 7-1-99
331-565-0025
Facility Located in Residence
A facility located in a residence must comply with the provisions of OAR 331-565-0020 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 shall 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 676.615, 690.360, 690.405 Stats. Implemented: ORS 690.390 & ORS 690.405
Hist:
331-565-0030
Facility License Requirements
(1) A facility shall meet the requirements for a new facility (refer to OAR 331-565-0020) and submit a new facility application and required fees when any of the following conditions exist:
(a) A facility is purchased from the current or previous owner, partnership or corporation. Facility licenses are not transferable from person-to-person or from business-to-business;
(b) There is a change in the legal ownership, partnership or holding of a facility regulated under ORS 690 and OAR 331, such as:
(A) A partner(s) or co-owner(s) is added; or
(B) A partner(s) or co-owner(s) is removed, including change in ownership status due to death of facility owner(s).
(c) An existing facility moves or relocates to a new physical address. Facility licenses are not transferable from location-to-location.
(2) Facility owners closing their facilities shall:
(a) Submit written notice to the agency within five business days of a facility closure, indicating whether the closure is permanent or of a temporary duration. Notice of temporary facility closure shall specify the anticipated date of resuming business operations;
(b) If notice of a permanent facility closure was submitted, and the license holder (same owner) reopens the facility while the license is still in renewable or active status, the facility owner shall submit notice to the agency prior to reopening the facility and resuming business operations/services.
Stat. Auth.: ORS 676.615, 690.360, 690.405 Stats. Implemented: ORS 676.615, 690.360, 690.405 Hist.: HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0062]
331-565-0040
Display of License
All practitioner and facility licenses must be posted in public view.
Stat. Auth.: ORS 690.380 Stats. Implemented: ORS 690.380 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD