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.

      (c) Hair design.

      (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

      (c) Applying, sculpturing and removing of artificial nails of the hands.

      (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.

      (c) Be under the direct supervision of a practitioner at all times the facility is open for business.

      (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.

      (c) The time and place of exercising the privilege granted by the permit.

      (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.

      (c) Describes the purpose for which the permit is sought.

      (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.

      (c) Renewal of a 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;

      (c) Has a high school diploma or equivalent education;

      (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.

      (c) Reexamination.

      (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.

      (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 690.350 to 690.430.

      (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;

      (c) Affirms by written signature on a form prescribed by the agency receipt of:

      (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

      (C) A disclosure statement to be posted in public view within the licensed body piercing facility; 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.

      (c) Annual renewal of 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 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 333-305-0140]
331-565-0060
Practicing at Location Other Than Named Place(s) of Business
(1) Licensees shall not practice at any location other than the place or places of business listed with the agency. However, licensees may provide services outside the premises of a licensed facility on persons residing in a health care facility or persons confined to their residence through medical disability or restriction.
(2) All licensees who perform services at approved locations as listed in subsection (1) of this rule, or at more than one business location shall carry their license with them and post it while working.
Stat. Auth.: ORS 676.615, 690.390, 690.405(9) Stats. Implemented: ORS 676.615, 690.390, 690.405(9) 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 333-305-0185]
REPEAL – Provisions contained in OAR 331-030-0030
331-565-0070
Licensing Sanctions
Stat. Auth.: ORS 690.085, ORS 690.165 & OL 1995, Ch. 287 ef. 6-7-95 Stats. Implemented: ORS 690.165, ORS 348.393 - ORS 348.399; ORS 25.750 - ORS 25.783, ORS 305.385 & OL 1995, Ch. 287 Hist.: HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99
331-565-0075
Demonstration Permit
(1) “Demonstation permit” is an authorization pursuant to ORS 690.405 to practice on a limited basis for a maximum of 30 consecutive days. r
(2) A person not licensed under ORS 690.365, who intends to demonstrate, teach or perform permanent coloring or tattooing services, temporarily for educational purposes or at artistic competitions, where services are not performed upon the public, must first obtain a demonstration permit from the agency.
(3) To be granted a demonstration permit a person must meet the following requirements:
(a) Submit an application on a form prescribed by the agency;
(b) Provide satisfactory evidence of holding a valid license in their city, state, or country;
(c) Describe the purpose for which the permit is sought; and
(d) Pay the required application and permit fees.
(4) The demonstration permit will specify the period during which the person is permitted to demonstrate, teach or perform services.
Stat. Auth.: ORS 676.615, 690.405
Stats. Imple.: ORS 676.615, 690.405
Hist:
331-565-0080
Temporary Facility Permit
(1) "Temporary facility permit" is an authorization pursuant to ORS 690.405 to operate a facility on a limited basis, not to exceed 30 consecutive calendar days, at locations away from the primary facility, such as fairs, carnivals or bazaars.
(2) A person who intends to operate a facility on a limited basis away from a primary licensed facility must first obtain a temporary facility permit from the agency.
(3) To be granted a temporary facility permit, a person must meet the following requirements:
(a) Be 18 years of age or older, if the applicant is 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;
(b) Apply on forms prescribed by the agency and provide the required information and application fees.
(4) A temporary facility must:
(a) Receive the permit and post the authorization in public view before opening for business;
(b) Comply with the rules of the agency concerning health, safety and infection control;
(c) Comply with the applicable health and safety laws and rules of the agency and any other state agencies;
(d) Pay the required permit fees.
(5) The temporary facility permit shall specify the period during which the permit is valid.
Stat. Auth.: ORS 676.615, 690.405
Stats. Imple.: ORS 676.615, 690.405
Hist:
DIVISION 570
PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS: CONTINUING EDUCATION
331-570-0000
Continuing Education for License Renewal
To maintain licensure all permanent color technicians and tattoo artists must comply with the following continuing education requirements:
(1) Complete 15 clock hours of satisfactory continuing education, either as one unit or combination of units, not less than one hour each, every three years.
(2) Satisfactory continuing education courses must fit into the approved course of study outlined in OAR 331-555-0010, and must be obtained as follows:
(a) Participation or attendance at an instructional program presented, recognized, or under the auspices of any permanently organized institution, agency, or completion and certification by an approved national home study organization; or
(b) Self-study, participation, or attendance not covered by subsection (a) of this rule may comprise up to six hours of the total requirement. Self-study may include continuing education obtained by means of the following:
(A) Correspondence courses;
(B) Review of publications, textbooks, printed material, or audio cassette(s);
(C) Viewing of films, videos, or slides;
(c) Attendance at meetings of the Advisory Council for Electrologists and Permanent Color Technicians and Tattoo Artists may be credited for a maximum of three hours per meeting, totaling no more than six hours per three year reporting period.
(3) Licensees must report compliance with the continuing education requirement through attestation on the license renewal document. Licensees will be subject to the provisions of OAR 331-570-0020 pertaining to periodic audit of continuing education.
(4) Continuing education requirements apply whether the applicant renewing a license is living or working within Oregon or outside of the state as long as Oregon licensure is maintained.
(5) Hours of continuing education, in excess of the requirement for renewal every three years, will not be carried forward.
(6) Continuing education is required for renewal, every three years, even if the license has been inactive or suspended during that period.
(7) To ensure adequate evidence of attainment of required continuing education is available for audit or investigation by the agency, records of attendance must be maintained for two years following the three-year continuing education cycle and renewal of the permanent coloring and tattooing license.
(8) Licensees failing to obtain 15 clock hours of continuing education every three years must reapply and qualify according to the requirements of OAR 331-555-0040 and successfully pass a written examination.
Stat. Auth.: ORS 676.605, 676.615, 690.385 Stats. Implemented: ORS 676.605, 676.615, 690.385 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 333-305-0125]
331-570-0020
Continuing Education: Audit, Required Documentation and Sanctions
(1) The Health Licensing Office will audit a select percentage of licenses determined by the Council to verify compliance with continuing education requirements.
(2) Licensees notified of selection for audit of continuing education attestation must submit to the agency, within 30 calendar days from the date of notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-570-0000.
(3) Documentation of attendance at a program or course provided by the sponsor must include:
(a) Name of sponsoring institution/association or organization;
(b) Title of presentation and description of content;
(c) Name of instructor or presenter;
(d) Date of attendance and duration in hours;
(e) Course agenda;
(f) Official transcript, diploma, certificate, statement or affidavit from the sponsor, attesting to attendance.
(4) Documentation substantiating the completion of continuing education through self-study must show a direct relation to subjects outlined in OAR 331-555-0010, be submitted on forms provided by the agency and include the following:
(a) Name of sponsor or source, type of study, description of content, date of completion and duration in clock hours;
(b) Name of approved correspondence courses or national home study issues;
(c) Name of publications, textbooks, printed material or audiocassette's, including date of publication, publisher, and ISBN issued.
(d) Name of films, videos, or slides, including date of production, name of sponsor or producer and catalog number.
(5) If documentation of continuing education is invalid or incomplete, the licensee must correct the deficiency within 30 calendar days from the date of notice. Failure to correct the deficiency within the prescribed time shall constitute grounds for disciplinary action.
(6) Misrepresentation of continuing education, or failing to meet continuing education requirements or documentation may result in disciplinary action, which may include, but is not limited to assessment of a civil penalty and suspension or revocation of the license.
Stat. Auth.: ORS 676.605, 676.615, 690.385, 690.405 Stats. Implemented: ORS 676.605, 676.615, 690.385, 690.405
Hist:

DIVISION 575
PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS:
PRACTICE STANDARDS
331-575-0000
Required Equipment; Articles and Materials
(1) Permanent color technicians and tattoo artists shall provide and maintain at the place of business an adequate supply of disinfecting or sterilizing equipment, tools/implements, and other necessary materials for his/her own practice needs, taking into account volume of business.
(2) The following equipment shall be maintained at the place of business:
(a) Tattoo machine or hand pieces, of non-porous material, which can be sanitized;
(b) Stainless steel or carbon needles and needle bars;
(c) Tubes, stainless steel, brass, or lexan which can be sterilized;
(d) Stencils, plastic acetate or single use disposable carbon paper;
(e) Sterilization bags with color strip indicator;
(f) Protective disposable gloves;
(g) Single use or disposable plastic tubes, razors or straight razor;
(h) Single use towels, tissues or paper products;
(i) Sharps container;
(j) Commercially purchased inks, dyes and pigments.
(2) Approved equipment for cleaning and sterilizing instruments shall be maintained at the place of business.
Stat. Auth.: ORS 690.390 Stats. Implemented: ORS 690.390 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 333-305-0190]
331-575-0010
Practice Standards; Restrictions
(1) Licensees shall keep an individual record of each client. That record shall include the name, date of birth and address of the client, and the date and duration of each service, type of service, special instructions, and medical history or client conditions, including:
(a) Diabetes;
(b) Client sensitivities;
(c) Cold sores and fever blisters;
(d) Epilepsy;
(e) Heart conditions;
(f) Hemophilia;
(g) Hepatitis;
(h) Use of blood thinners;
(i) Moles or freckles at the site of service;
(j) Psoriasis or eczema;
(k) Pregnancy or breast-feeding/nursing;
(l) Scarring (keloid);
(m) Other medical or skin conditions.
(2) Licensees may obtain advice from physicians regarding medical information needed to safeguard client and technician or artist.
(3) Records shall be kept for a minimum of two years.
(4) Pre-service information in written form shall be given to client to advise of possible reactions, side effects and potential complications of the tattooing process. Aftercare instructions shall be given to the client both verbally and in writing after every service.
(5) Before and after photographs shall be taken for medical tattooing procedures, and records maintained.
(6) Inks, dyes, or pigments shall be purchased from a commercial supplier or manufacturer. Products banned or restricted by the Food and Drug Administration shall not be used.
(7) Tattooing is prohibited:
(a) On a person who is inebriated or appears to be incapacitated by the use of alcohol or drugs;
(b) On persons who show signs of intravenous drug use;
(c) On persons with sunburn or other skin diseases or disorders such as open lesions, rashes, wounds, puncture marks in areas of treatment;
(d) On persons under 18 years of age, regardless of parental or legal guardian consent, except when authorized or prescribed by a physician's statement exclusively for medical repigmentation as defined in OAR 331-550-0000(8).
(8) Proof of age must be documented in the client’s record by one of the following:
(A) Copy of current government issued photographic identification; or
(B) Notation of the type of current government issued photographic identification presented with the identification number.
Stat. Auth.: ORS 676.605, 676.615, 690.390, 690.405(9) Stats. Implemented: ORS 676.605, 676.615, 690.390, 690.405(9) 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 333-305-0150]
331-575-0020
Permanent Color and Tattoo Procedures; Preparation and Aftercare
(1) During preparation, performance of service, and aftercare phases all substances shall be dispensed from containers in a manner to prevent contamination of the unused portion (refer to OAR 331-585-0000). Use of spray bottle to apply liquid to skin is acceptable. Single use tubes or containers and applicators shall be discarded following tattoo service.
(2) The client's skin shall be cleansed, excluding the areas surrounding the eyes, by washing with a Food and Drug Administration (FDA) germicidal solution applied with a clean single-use paper product before placing the design on the client's skin or beginning tattooing work.
(3) If the area is to be shaved, the licensee shall use a single use disposable safety razor or sterilized straight-edged razor, and then rewash client's skin.
(4) Substances applied to client's skin to transfer design from stencil or paper shall be single use. Paper stencils and skin scribes shall be single-use and disposed of immediately following service.
(5) Body pencils used during a tattoo service shall have the tip removed, the body and tip of pen disinfected, and the tip sharpened to remove exposed edge after use on a client and prior to use on another client.
(6) The plastic or acetate stencil used to transfer the design to the client's skin shall be thoroughly cleansed and rinsed in an Environmental Protection Agency (EPA) approved high-level disinfectant according to the manufacturers instructions and then dried with a clean single-use paper product.
(7) Individual portions of inks, dyes, or pigments in clean single-use containers shall be used for each client. Any remaining unused dye or pigments shall be discarded immediately following service.
(8) Excess ink, dye, or pigment applied to the client's skin shall be removed with clean single-use paper product obtained from a self-dispensing container.
(9) Use of styptic pencils or alum solids to check any blood flow is prohibited.
(10) Upon completion of tattooing, the skin shall be cleansed, excluding the area surrounding the eyes, with a clean single-use paper product saturated with an (FDA) approved germicidal solution.
(11) A sanitary covering shall be placed if appropriate or over large designs and adhered to the skin with suitable skin tape. The use of any clear plastic wrap for covering tattoos is prohibited.
(12) Aftercare shall consist of both verbal and written instructions concerning proper care of the tattooed skin. Instructions shall specify:
(a) Care following service;
(b) Possible side affects; and
(c) Restrictions.
Stat. Auth.: ORS 676.605, 676.615, 690.390 Stats. Implemented: ORS 676.605, 676.615, 690.390 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 333-305-0252]
331-575-0030
Hand Washing/Protective Gloves; Handling Disposable Materials
(1) HAND WASHING: Permanent color technicians and tattoo artists shall observe and adhere to the following hand washing standards when serving clients:
(a) Hands must be washed before and after treatment of each client and before putting on gloves and immediately after gloves are removed;
(b) Thorough hand washing shall be by use of soap and water or other alternative hand washing product, such as jell, aerosol spray, foam, or pre-packaged hand wipes, immediately before and after serving each client as needed. Use of bar soap is prohibited;
(2) PROTECTIVE GLOVES: Permanent color technicians and tattoo artists shall observe and adhere to the following protective glove standards when serving clients:
(a) A new pair of disposable gloves must be worn during the treatment of each client;
(b) Hands must be washed in accordance with the hand washing standards stated in subsection (1) of this rule before putting on gloves and immediately after gloves are removed;
(c) If a practitioner uses low-powdered gloves, the excess exterior powder must be removed to prevent powder contact with the client’s skin during treatment;
(d) When a treatment session is interrupted:
(A) A protective covering must be used over the gloved hand/ hands; or
(B) Gloves must be removed and discarded.
(e) When gloves are removed during a treatment session, hands must be washed and a fresh pair of gloves used;
(f) Torn or perforated gloves must be removed immediately, and hands must be washed after gloves are removed.
(3) DISPOSABLE MATERIALS: Permanent color technicians and tattoo artists shall observe and adhere to the following disposable material standards when serving clients:
(a) All waste materials related to treatment shall be disposed of in a covered container after each client service;
(b) Disposable materials in contact with blood and/or body fluids shall be placed in a sealable plastic bag, separate from sealable trash or garbage liners, and then disposed of in a covered container;
(c) Disposable sharp objects in contact with blood and/or body fluids shall be disposed of in an appropriate "sharps container" as defined in OAR 331-505-0000(32);
(d) Permanent color technicians or tattoo artists shall have both sealable plastic bags and sealable rigid containers available at the facility.
(4) The client's skin shall be cleansed by applying an antiseptic or antibacterial solution prior to and following treatment.
Stat. Auth.: ORS 676.605, 676.615, 690.390, 690.405 Stats. Implemented: ORS 676.605, 676.615, 690.390, 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 333-305-0210, 333-305-0215 & 333-305-0235]
331-575-0040
Communicable and Blood Borne Diseases
A licensee providing service or working in a facility while diagnosed with having acquired an immunodeficiency virus and related immunodeficiency conditions or the Hepatitis viruses (B, C and/or D) shall observe and follow all current Centers for Disease Control (CDC) standards for public service workers regarding personal protection equipment and disposal of blood or bodily fluid contaminated articles, tools and equipment.
This includes practitioners or employees providing services to clients who have been diagnosed with having an immunodeficiency virus, related conditions or the Hepatitis viruses (B, C and/or D). It is the position of the agency that human immunodeficiency virus (HIV) is the cause of acquired immunodeficiency syndrome (AIDS) and related immunodeficiency conditions. This virus, as well as Hepatitis B Virus (HBV), Hepatitis C virus (HCV) and Hepatitis D virus (HDV), may be transmitted by sharp instruments contaminated by blood or other body fluids, if standard precautions are not followed. As the carriers of these viruses may have no symptoms, the most prudent course to follow is to treat body fluids from all persons with the same high standards of caution and to rigorously follow established safety and sanitation practices as required by the law and rules of the agency. There is no published evidence to support casual transmission of HIV, by sneezing or touching, even in close household settings involving AIDS patients and family members caring for them at home. Because HIV is not spread by casual means and because of the inadequacies of the HIV antibody test, there is no reason for the agency to require blood tests prior to licensure. Good hand washing after glove removal and between each client is imperative and the most important procedure for prevention of all infections, including HIV. Uniform body fluid precautions are ample to prevent transmission of HIV, HBV, HCV and/or HDV in a facility setting.
Stat. Auth.: ORS 676.605, 676.615, 690.390 Stats. Implemented: ORS 676.605, 676.615, 690.390 Hist.: HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99
331-575-0050
Linens
(1) Clean linens shall be used for each client.
(2) A common towel is prohibited.
(3) Air blowers can be substituted for hand towels.
(4) Clean linens, tissues or single-use paper products shall be stored in a clean, enclosed storage area until needed for immediate use.
(5) Used linens shall be disposed of or stored in a closed or covered container until laundered.
(6) Used linens shall be laundered either by a regular commercial laundering or by a noncommercial laundering process which includes use of commercial laundry detergent manufactured for the specific purpose of cleaning clothes, linens or other washable fabric, and immersion in hot water during the wash/rinse operation.
Stat. Auth.: ORS 676.605, 676.615, 690.390, 690.405 Stats. Implemented: ORS 676.605, 676.615, 690.390, 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 333-305-0220]
DIVISION 580
PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS: FACILITY STANDARDS
331-580-0000
Compliance with all Applicable Regulations
(1) Licensees and facility owners shall observe all applicable state regulations pertaining to public health and safety. Compliance with building, state fire, plumbing, and electrical regulations is required.
(2) In addition, when an employee/employer relationship exists, practitioners shall comply with ORS 654 and the Oregon Safe Employment Act.
(3) Permanent color technicians and tattoo artists shall observe and adhere with all Oregon Occupational Safety & Health Codes (OR-OSHA), OAR 437 and 29 CFR 1910.1030 Bloodborne Pathogens.
(4) Every permanent color and tattoo facility shall have a written Exposure Control Plan. All procedures developed for the facility's exposure control plan shall be in compliance with OSHA state and federal regulations and with current Centers for Disease Control (CDC) standards for public service workers.
(5) Only authorized equipment or products may be utilized, and in addition, must only be used in a manner approved by manufacturers and appropriate regulatory agencies.
Stat. Auth.: ORS 654, 676.605, 676.615, 690.390 Stats. Implemented: ORS 654, 676.605, 676.615, 690.390 Hist.: HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99
331-580-0010
Criteria for Facilities
(1) All facilities shall have a treatment area/operatory that is separate, private, or screened from the entrance, waiting area, and/or other treatment areas.
(2) Facilities shall be kept clean and orderly, and equipment shall be maintained in good repair.
(3) All surfaces (counters, tables, equipment, client chairs or recliners) in treatment and sterilization areas shall be made of smooth, non-absorbent and non-porous material.
(4) All floors and walls shall be easily cleanable. Floors and walls in the treatment area shall be made of smooth, non-absorbent and non-porous material. Concrete blocks or other masonry used in wall construction shall be covered or made smooth and sealed for a washable surface.
(5) A high-level disinfectant or bleach solution, used according to the manufacturer's instructions, shall be used to disinfect surfaces contaminated by blood or bodily fluids.
(6) Pets or other animals shall not be permitted in the business facility. This prohibition does not apply to therapy animals, trained guide animals for the disabled, sightless or hearing impaired, fish in aquariums or to nonpoisonous reptiles in terrariums.
(7) Tattoo services provided in beauty facilities shall be separated by a permanent, solid barrier from hair design and nail technology services in such a manner as to prevent contact with irritants including but not limited to hair spray and nail dust.
Stat. Auth.: ORS 676.605, 676.615, 690.390, 690.405(9) Stats. Implemented: ORS 676.605, 676.615, 690.390, 690.405(9) 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 333-305-0165, 333-305-0175 & 333-305-0180]
331-580-0020
Water Supply Requirements and Standards
(1) The quality and construction of facility water supplies shall meet the requirements of ORS Chapter 448, the State Plumbing Code, OAR 437 and OAR 918, Division 750.
(2) Facility water supplies shall have a minimum of 20 pounds pressure per square inch in accordance with the State Plumbing code.
(3) All facilities shall have immediate access to an adequate supply of both hot and cold running water and wash basins on the facility premises or as part of surrounding premises or adjacent to the facility. Sinks located in the restroom do not qualify as a water source for the facility premises.
(4) Waste from toilets or lavatories discharged directly into a public sewer or by a method meeting the requirements of ORS 454.
(5) Hand washing accommodations shall be provided in work areas where employees are exposed to hazardous materials, which may have a harmful effect on or be absorbed through the skin.
(6) Washing accommodations shall be maintained in a clean and sanitary condition.
Stat. Auth.: ORS 448, 654, 676.605, 676.615, 690.390, 690.405(9) Stats. Implemented: ORS 448, 654, 676.605, 676.615, 690.390, 690.405(9) 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 333-305-0165]
331-580-0030
Compliance with Indoor Clean Air Act
Any public place in a facility shall be governed under the Oregon Indoor Clean Air Act as it appears in ORS 433.835 through 433.875.
Stat. Auth.: ORS 676.615, 690.390 & ORS 690.405(9) Stats. Implemented: ORS 433.835 - ORS 433.875, 676.615, 690.390, 690.405(9) 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 333-305-0170]

DIVISION 585
PERMANENT COLOR TECHNICIANS AND TATTOO ARTISTS: SAFETY AND STERILIZATION STANDARDS
331-585-0000
Cleaning Requirements and Standards
(1) All items that come in direct contact with the client's skin that do not require disinfecting shall be clean.
(2) All items that come in direct contact with the client's skin that cannot be cleaned or disinfected shall be disposed of in a covered waste receptacle immediately after use.
(3) All substances used in the practice of permanent color technicians and tattoo artists shall be dispensed from containers in a manner to prevent contamination of the unused portion.
(4) All disinfecting solutions and/or agents shall be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times the facility is open for business.
(5) The agency shall authorize the use of disinfecting agents provided those agents are EPA registered and meet the criteria set forth in OAR 331-505-0000(12) and (15).
Stat. Auth.: ORS 676.605, 676.615, 690.390, 690.405 Stats. Implemented: ORS 676.605, 676.615, 690.390, 690.405 Hist.: HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99
331-585-0010
Instrument Cleaning; Sterilization Standards
(1) Prior to sterilizing, instruments shall be brushed and/or swabbed to remove foreign material or debris, rinsed and then cleaned by one of the following approved methods:
(a) Immersing in detergent and water in an ultra sonic unit that operates at 40 to 60 hertz, followed by a thorough rinsing and wiping; or
(b) Submerging and soaking in a protein dissolving detergent/enzyme cleaner, followed by a thorough rinsing and wiping.
(2) Instruments or other equipment which are "heat-sensitive" shall be disinfected by complete immersion of the object(s) or portion(s) thereof to be disinfected, in an high-level disinfectant which has demonstrated tuberculocidal activity, and used according to the manufacturer's instructions.
(3) Cleaned instruments used in the practice of permanent coloring and tattooing shall be placed in sterile bags or containers with color strip indicators, sterilized by exposure to one cycle of an approved sterilizer listed in OAR 331-585-0020, and handled with sterile transfer equipment during placement into sterile bags or containers.
Stat.: Auth. ORS 676.605, 676.615, 690.390, 690.405 Stats. Implemented: ORS 676.605, 676.615, 690.390, 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 333-305-0200 & 333-305-0205]
331-585-0020
Approved Sterilization Modes
(1) Licensees must sterilize instruments used in the practice of permanent coloring or tattooing by means of an approved sterilizing device registered and listed with the U.S. Food and Drug Administration, used, cleaned and maintained in accordance with the manufacturer’s instructions. Approved sterilizing devices include an autoclave (steam or chemical) or dry heat unit.
(2) In lieu of sterilization methods listed in (1) above, a licensee may use single-use, prepackaged, sterilized equipment, obtained from commercial suppliers or manufacturers.
(3) Sterilizing devices shall be tested during each sterilizing cycle by means of a commercial test mechanism, such as but not limited to color strip indicators to measure temperature control and general functioning of the equipment.
(4) Sterilizing devices shall be tested at least quarterly for functionality and thorough sterilization by using a commercial biological monitoring (spore) system to assure all microorganisms, including spores, have been destroyed.
(5) Biological test results must be on laboratory letterhead and must contain the test date, and the name, model and serial number of the unit tested. Biological test results shall be retained for a two-year period and must be available for inspection at all times.
Stat. Auth.: ORS 676.605, 676.615, 690.390, 690.405 Stats. Implemented: ORS 676.605, 676.615, 690.390, 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 333-305-0195]
331-585-0030
Clean Instruments; Products Storage
(1) Before use, disposable products that come in contact with the areas to be treated shall be stored in clean containers that can be closed between treatments.
(2) Clean, sterilized re-usable instruments that come in contact with the areas to be treated, shall be stored in clean, sterilized sealed bags or containers to maintain effective sterilization of the instrument until removed from the container.
(3) Clean, sterilized re-usable transfer instruments shall be stored in a clean, dry, sterilized container.
(4) Chemicals shall be stored in labeled, closed containers in an enclosed storage area.
Stat. Auth.: ORS 676.605, 676.615, 690.390, 690.405 Stats. Implemented: ORS 676.605, 676.615, 690.390, 690.405 Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99 [Renumbered from 333-305-0225 & 333-305-0230]
331-585-0040
Waste Receptacles
(1) All waste material related to treatment shall be deposited in a covered container following service for each client.
(2) Waste disposed in receptacles located in reception and/or restroom areas is limited to materials which are not practice-related or used in the performance of any client services. Waste receptacles located in these areas are exempt from the covered container requirement listed in subsection (1) of this rule.
(3) Outer surface of waste disposal containers shall be kept clean.
Stat. Auth.: ORS 676.615, 690.390, 690.405 Stats. Implemented: ORS 676.615, 690.390, 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 333-305-0240]
DIVISION 590
COMPLIANCE
331-590-0000
Investigative Authority
The Health Licensing Office may initiate and conduct investigations of matters relating to the practice of electrolysis, permanent coloring or tattooing, pursuant to ORS 676.608 and 676.618, and may take appropriate disciplinary action in accordance with the provisions of ORS 676.612 and ORS 690.407.
Stat. Auth.: ORS 676.608, 676.618, 690.405, 690.407 Stats. Implemented: ORS 676.608, 676.618, 690.405, 690.407 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 333-305-0255]
331-590-0020
Schedule of Penalties for Licensing Violations; Violation of Standards
The Health Licensing Office has adopted the following presumptive penalty schedule for the first and second violations of the following laws and rules. The following schedule shall apply except as the agency otherwise determines in consideration of the factors referenced in OAR 331-020-0060. For subsequent violations the provisions of OAR 331-020-0060 will apply.
(1) Practicing or holding one's self out as available to practice, or using the title permanent color technician or tattoo artist without first receiving a current, valid practitioner and/or facility license is a violation of ORS 690.355 and OAR 331-030-0020(1)(f) and may incur a penalty of $1,000.
(2) Practicing or holding one's self out as available to practice, or using the title permanent color technician or tattoo artist with an expired or suspended practitioner and/or facility license is a violation of ORS 676.612(4) or 690.355 and may incur a penalty of $1,000.
(3) Failing to post a current, valid license in public view is a violation of OAR 331-525-0020 and may incur a penalty of $200.
(4) Failing to provide appropriate photographic identification upon request by the agency is a violation of ORS 676.612(1)(o) and OAR 332-030-0020(4) and may incur a penalty of $1,000.
(5) Failing to submit changes of required licensing information within time frame set in rule is a violation of OAR 331-010-0040(1) and (2) and may incur a penalty of $50.
(6) Practicing at location other than places of businesses designated to the agency, except as permitted by rule is a violation of OAR 331-565-0060(1) and may incur a penalty of $500.
(7) Using a reproduction of a license in place of an original is a violation of OAR 331-030-0020(3) and may incur a penalty of $50.
(8) Failing to allow inspection of the premises by the agency upon request is a violation of ORS 676.612(1)(o), OAR 331-020-0070(2)(d) and/or 331-565-0020(4) and may incur a penalty of $1,000.
(9) Failing to meet the facility or practice standards adopted by the agency is a violation of ORS 676.612(1)(j), 690.390(1) and OAR 331-580-0000(1) and may incur a penalty of $500.
(10) Failing to provide a private or separate treatment area for clients is a violation of OAR 331-580-0010(1) and may incur a penalty of $100.
(11) Except as provided by rule, allowing animals in the facility is a violation of OAR 331-580-0010(6) and may incur a penalty of $100.
(12) Failing to maintain the required equipment or have approved test indicators at facility is a violation of ORS 690.390(2) and OAR 331-575-0000 and may incur a penalty of: $500 and/or suspension or revocation.
(13) Failing to use approved test indicators or mechanism as required to ensure proper sterilization is a violation of ORS 690.390(1) and OAR 331-585-0020(3), (4) and/or (5) and may incur a penalty of $500.
(14) Failing to sterilize instruments using an approved mode is a violation of ORS 690.390(1) and (2), OAR 331-585-0020(1) and/or (2) and may incur a penalty of $1,000.
(15) Failing to meet sterilization standards is a violation of ORS 690.390(1) and (2) and OAR 331-585-0010(2) and/or (3) and may incur a penalty of $1,000.
(16) Failing to clean instruments prior to sterilization is a violation of OAR 331-585-0010(1) and may incur a penalty of $1,000.
(17) Failing to wash hands before and after treatment and/or wear protective gloves is a violation of OAR 331-575-0030(1) and/or (2) and may incur a penalty of $500.
(18) Failing to prepare treatment area on a client in accordance with agency standards is a violation of OAR 331-575-0030(4) and may incur a penalty of $500.
(19) Failing to meet cleanliness and/or storage standards for linens is a violation of OAR 331-575-0050 and may incur a penalty of $500.
(20) Failing to meet storage requirements for instruments, products or chemicals is a violation of OAR 331-585-0030 and may incur a penalty of $500.
(21) Failing to dispose of materials contaminated with blood or bodily fluids in a sealable container or appropriate sharps container, or failing to have appropriate containers available is a violation of OAR 331-575-0030(3) and may incur a penalty of $1,000.
(22) Failing to have required covered waste receptacles is a violation of ORS 690.390(3) and OAR 331-585-0040(1) and may incur a penalty of $100.
(23) Performing a restricted treatment is a violation of ORS 676.612(1)(j) and OAR 331-575-0010(7) and may incur a penalty of $1,000.

OREGON ADMINISTRATIVE RULES
Copyright (c) 2001 by The Oregon Secretary of State
All rights reserved.

*** THE OREGON ADMINISTRATIVE RULES CONTAIN OARs FILED THROUGH JANUARY 15,
2002
***

DIVISION 550 DEFINITIONS FOR THE PRACTICE OF PERMANENTCOLOR TECHNICIANS
AND TATTOO ARTISTS

331-550-0000 Permanent Color Technicians and Tattoo Artists Definitions


In addition to definitions listed in OAR 331-505-0000, the following
terms are specifically used in the practice of permanent color and tattooing and
are defined 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 supervisor 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
color and tattooing services.

(5) "Needle"means the implement used to insert dyes or pigments into the
dermis of the skin during permanent color 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 instructor in the application of permanent color 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.

331-500-0000 Notice of Proposed Rule

Prior to adoption, amendment, or repeal of any rule, the State Health
Division, Advisory Council for Electrologist Permanent Color Technicians and
Tattoo Artists shall:

(1) Publish notice of the adoption, amendment, or repeal in the Secretary
of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days
prior to the effective date.

(2) Mail such notice to persons on the Advisory Council for the
Electrologist, Permanent Color Technicians and Tattoo Artists mailing list
established pursuant to ORS 183.335(7) at least twenty-eight (28) days
before the effective date of the rule.

(3) In addition to persons or organizations listed in OAR
333-001-0000(4)(ee), notice of rulemaking shall be mailed to the following:

(a) For the practice of electrolysis:

(A) Licensed electrologists;

(B) Oregon Association of Licensed Electrologists;

(C) State Representative, International Guild for Professional
Electrologists;

(D) Oregon schools of electrolysis;

(E) Oregon Department of Education, Private Career Schools;

(F) American Electrology Association.

(b) For the practice of permanent color and tattooing:

(A) Licensed Permanent Color Technicians and Tattoo Artists;

(B) National Tattoo Association;

(C) Professional Tattoo Artists Guild;

(D) The Society of Permanent Cosmetic Professionals;

(E) Alliance of Professional Tattooists;

(F) National Cosmetic Tattooing Association;

(G) Oregon Medical Association;

(H) Board of Medical Examiners .

331-575-0020 Permanent Color and Tattoo Procedures; Preparation and
Aftercare


(1) During preparation, performance of service, and aftercare phases all
substances shall be dispensed from containers in a manner to prevent
contamination of the unused portion (refer to OAR 331-585-0000). Use of
spray bottle to apply liquid to skin is acceptable. Single use tubes or containers
and applicators shall be discarded following tattoo service.

(2) The client's skin shall be cleansed, excluding the areas surrounding
the eyes, by washing with a Food and Drug Administration (FDA) germicidal
solution applied with a clean single-use paper product before placing the design on
the client's skin or beginning tattooing work.

(3) If the area is to be shaved, the licensee shall use a single use
disposable safety razor or sterilized straight-edged razor, and then rewash
client's skin.

(4) Substances applied to client's skin to transfer design from stencil
or paper shall be single use. Paper stencils and skin scribes shall be
single-use and disposed of immediately following service.

(5) Body pencils used during a tattoo service shall have the tip removed,
the body and tip of pen disinfected, and the tip sharpened to remove exposed
edge after use on a client and prior to use on another client.

(6) The plastic or acetate stencil used to transfer the design to the
client's skin shall be thoroughly cleansed and rinsed in an Environmental
Protection Agency (EPA) approved high-level disinfectant according to the
manufacturers instructions and then dried with a clean single-use paper
product.

(7) Individual portions of inks, dyes, or pigments in clean single-use
containers shall be used for each client. Any remaining unused dye or
pigments shall be discarded immediately following service.

(8) Excess ink, dye, or pigment applied to the client's skin shall be
removed with clean single-use paper product obtained from a self-dispensing
container.

(9) Use of styptic pencils or alum solids to check any blood flow is
prohibited.

(10) Upon completion of tattooing, the skin shall be cleansed, excluding
the area surrounding the eyes, with a clean single-use paper product saturated
with an (FDA) approved germicidal solution.

(11) A sanitary covering shall be placed if appropriate or over large
designs and adhered to the skin with suitable skin tape.

(12) Aftercare shall consist of both verbal and written instructions
concerning proper care of the tattooed skin. Instructions shall specify:

(a) Care following service;

(b) Possible side affects; and

(c) Restrictions.


331-555-0000 Approval of Schools; Approval of Instructors


(1) Pursuant to ORS 345.010(4), education and training in the field of
tattooing shall be conducted by a school of tattooing, licensed by the
Oregon Department of Education, Private Career Schools, and provided by instructors
approved by the Department under ORS 345 and OAR chapter 581 Division 045.

(2) The Health Division shall recognize a school of tattooing which has
met the following requirements:

(a) The facility has been approved and registered by the Department of
Education, Private Career Schools, and meets provisions of ORS 345 and rules
adopted by the Department for licensure as a career school;

(b) A curriculum/course of study has been submitted to the Division which
has been approved as meeting the curriculum objectives outlined under OAR
333-555-0010;

(c) An initial inspection has been conducted by the Department of
Education and Health Division and the facility satisfactorily passed requirements for
compliance with instruction and sanitary rules.

(3) The Division approved course of study offered through a school
licensed according to section (1) listed above, shall meet requirements of OAR

331-555-0040 Application for Licensure


(1) 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.

(2) 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.

(3) Application shall be made on forms prescribed by the Division and
shall be accompanied by required documentation and required application fee. A
completed application form includes, but is not limited to, the following
information:

(a) Applicant's name, address and telephone number;

(b) Applicant's date of birth;

(c) Applicant's Social Security Number;

(d) Licensure information from another state, if applicable;

(e) Applicant's signature and date of application;

(f) Proof of training and/or licensure; and

(g) Original, color "passport quality" photograph (non-Polaroid, such as
identification photo or driver's license photo), head and shoulders view, 1
1/2 inch by 2 inch dimension.

(4) Submission of satisfactory evidence of completion 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
Division office from a licensed or accredited school or an equivalent
institution recognized by the Division, showing completion of the prescribed
course of study, listed in OAR 331-555-0010 or its equivalent, approved by
the Division, 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 Division, 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 directly to the Division or delivered
in person in a sealed envelope, issued from the school or entity. The issuing
school or institution shall attest to the document's authenticity and
accuracy and affix an authorized signature over the envelope seal.

(E) The Division may accept a facsimile of an applicant's transcript sent
from the school to the Council office at the request of the applicant to
facilitate scheduling an examination. The original official transcript shall
be submitted to the Council office within seven (7) calendar days after the
examination date. The license shall not be issued until the Division
receives the official transcript from the school.

(b) OUT OF STATE LICENSURE:Professionals working under valid licenses in
their city, state, or county which meet or exceed Oregon standards should
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 licensing authority where the application is currently licensed, and mailed
directly to the Division office by said authority.

(c) EXPERIENCE EQUIVALENCY:All other professionals, working in a state
where the practice of permanent color and tattooing is unregulated, must provide
documentation in the form of tax returns verifying that the applicant has
met the minimum qualification for licensure. Personal tax returns must
substantiate that the individual acquired work experience through two years of active
full-time practice in the field of permanent color tattooing. Applicants
shall be required to meet equivalency requirements listed in OAR 331-555-0030.

NOTE:The Division may request addition information to substantiate
qualification if the tax return does not verify that the individual has been
practicing permanent color or tattooing in an unregulated state.

331-575-0010 Practice Standards; Restrictions


(1) Licensees shall keep an individual record of each client. That record
shall include the name and address of client, the date and duration of each
service, type of service, special instructions, medical history or client
conditions, including:

(a) Diabetes;

(b) Allergies;

(c) Cold sores and fever blisters;

(d) Epilepsy;

(e) Heart conditions;

(f) Hemophilia;

(g) Hepatitis;

(h)Use of blood thinners;

(i) Moles or freckles at the site of service;

(j) Psoriasis or eczema;

(k) Pregnancy or breast-feeding/nursing;

(l) Scarring (keloid);

(m) Other medical or skin conditions.

(2) Licensees may obtain advice from physicians regarding medical
information needed to safeguard client and technician or artist.

(3) Records shall be kept for a minimum of two years.

(4) Pre-service information in written form shall be given to client to
advise of possible reactions, side-effects and potential complications of
the tattooing process. Aftercare instructions shall be given to the client both
verbally and in writing after every service.

(5) Before and after photographs shall be taken for medical tattooing
procedures, and records maintained.

(6) Inks, dyes, or pigments shall be purchased from a commercial supplier
or manufacturer. Products banned or restricted by the Food and Drug
Administration shall not be used.

(7) Tattooing is prohibited:

(a) On a person who is inebriated or appears to be incapacitated by the
use of alcohol or drugs;

(b) On persons who show signs of intravenous drug use;

(c) On persons with sunburn or other skin diseases or disorders such as
open lesions, rashes, wounds, puncture marks in areas of treatment;

(d) On persons under 18 years of age, regardless of parental consent,
except when authorized or prescribed by a physician's statement exclusively for
medical repigmentation as defined in OAR 331-550-0000(8).


333-001-0000 Notice of Proposed Rule


Prior to the adoption, amendment or repeal of any rule, the Health
Division shall:

(1) Publish notice of the adoption, amendment, or repeal in the Secretary
of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the
effective date.

(2) Mail such notice to persons on the State Health Division's mailing
list established pursuant to ORS 183.335(7) at least 28 days before the effective
date of the rule.

(3) Mail or deliver such notice to United Press International and
Associated Press.

(4) Mail such notice to the following persons, organizations, or
publications listed according to Division programs, where the Division determines that
such persons, organizations, or publications would have an interest in the
subject matter of the proposal:

(a) Vital Statistics:

(A) Oregon Medical Association

(B) Oregon Funeral Directors Association;

(C) State Board of Funeral Directors and Embalmers;

(D) Oregon Association of Hospitals;

(E) Oregon Medical Records Association;

(F) Conference of Local Health Officials;

(G) Local Registrars of Vital Statistics;

(H) County Clerks Association.

(b) Implied Consent Program:

(A) Director of laboratory applying for approval of a new laboratory
method for blood alcohol analysis

(B) Manufacturer and distributor of alcohol breath testing equipment
seeking approval of use of their equipment in the State of Oregon;

(C) State, county, and municipal law enforcement agencies listed with the
Health Division as using breath testing equipment.

(c) Impaired Drivers Program:

(A) Oregon Medical Association;

(B) State Department of Motor Vehicles.

(d) Conference of Local Health Officials:

(A) Association of Oregon Counties;

(B) All county commissions or county judges, as applicable;

(C) All local public health administrators.

(e) Glass Installation:

(A) Oregon Association of Home Builders;

(B) Oregon Department of Commerce (Building Codes Division);

(C) American Institute of Architects;

(D) Associated Oregon Industries.

(f) Hazardous Substances:

(A) National Toy Manufacturers Association;

(B) Association of Oregon Counties;

(C) Oregon Retail Council;

(D) National Home Furnishings Daily;

(E) OSPIRG;

(F) Federal Consumer Products Safety Commission.

(g) Communicable Diseases:

(A) Oregon Medical Association,

(B) Oregon Association of Hospitals;

(C) All local public health administrators;

(D) Communicable Disease Summary;

(E) Oregon Osteopathic Association.

(h) Rabies Control:

(A) State Veterinary Association;

(B) State Veterinarian, Oregon State Department of Agriculture;

(C) Air local public health administrators;

(D) Communicable Disease Summary;

(E) Oregon Medical Association;

(F) Oregon Osteopathic Association.

(i) Pre-Marital Exams:

(A) Oregon Medical Association;

(B) Oregon Osteopathic Association;

(C) All local public health administrators;

(D) All county clerks;

(E) Communicable Disease Summary.

(j) Radiation Control:

(A) Each x-ray registrant of the State Health Division;

(B) Each radioactive materials licensee of the State Health Division;

(C) U.S. Nuclear Regulatory Commission;

(D) Conference of Radiation Control Program Directors;

(E) Oregon Department of Energy.

(k) Home Health Agencies:

(A) All home health agencies;

(B) All Department of Human Resources Divisions;

(C) Oregon Association of Hospitals;

(D) Oregon Health Care Association;

(E) Oregon Association for Home Care;

(F) Oregon Nurses Association;

(G) Oregon Licensed Practical Nurse Association;

(H) Oregon Physical Therapy Association;

(I) Oregon Speech and Hearing Association;

(J) Oregon State Board of Nursing;

(K) Tri-County Community Council;

(L) Oregon Board of Education--Health Occupations;

(M) Occupational Therapy Association of Oregon;

(N) Blue Cross of Oregon;

(O) Blue Cross of Southern California;

(P) Office of Health Policy;

(Q) All county health departments;

(R) Conference of Local Health Officials;

(S) Region X--H.C.F.A.;

(T) Oregon State council for Senior Advocates;

(U) United Seniors of Oregon;

(V) Oregon Medical Association;

(W) Health Care Association of Washington;

(X) Adult and Family Services;

(Y) American Association of Retired Persons;

(Z) Portland/Multnomah Commission on Aging;

(AA) Governor's Commission on Senior Services;

(BB) Oregon Association of Homes for the Aging.

(I) Health Care Facilities:

(A) Oregon Association for Retarded Citizens;

(B) Oregon Association of Hospitals;

(C) Oregon Health Care Association;

(D) Oregon State Board of Pharmacy;

(E) Oregon State Board of Nursing;

(F) Oregon Nurses Association;

(G) Board of Examiners of Nursing Home Administrators;

(H) Oregon State Council for Senior Citizens;

(I) Commission on Aging;

(J) Oregon Association of Homes for the Aging;

(K) United Seniors of Oregon;

(L) Office of Health Policy;

(M) All Department of Human Resources Division;

(N) Blue Cross of Oregon;

(O) Oregon Medical Association;

(P) Public Health Laboratory;

(Q) Adult and Family Services;

(R) Oregon Medical Peer Review Organization;

(S) Health Care Facilities licensed by the Oregon State Health Division
(applicable ruIes by function);

(T) Portland/Multnomah Commission on Aging;

(U) American Association of Retired Persons.

(m)Emergency Medical Services:

(A) Oregon State Emergency Medical Technician Association;

(B) Oregon State Ambulance Association;

(C) Volunteer Ambulance Association of Oregon;

(D) League of Oregon Cities;

(E) Association of Oregon Counties;

(F) State Department of Transportation;

(G) State Department of Commerce--Insurance Division;

(H) Oregon State Board of Medical Examiners;

(I) Oregon State Department of Police;

(J) Oregon Police Standards and Training Board;

(K) Oregon Association of Hospitals;

(L) Oregon Emergency Department Nurses

Association;

(M) Oregon Emergency Department Physicians Association;

(N) Oregon Nurses Association;

(O) Oregon Medical Association;

(P) Oregon Heart Association;

(Q) State Advisory Council on Ambulances and EMT's;

(R) State EMS Advisory Committee;

(S) Oregon Community College Association;

(T) Ambulance Services listed with the State Health Division.

(n) Public Health Laboratory:

(A) Clinical laboratories licensed by the Oregon State Health Division;

(B) American Medical Technologists;

(C) Association of Oregon Medical Technologists;

(D) Oregon Association of Hospitals;

(E) Oregon Medical Association;

(F) Oregon Pathologists' Association;

(G) Oregon State Board of Medical Examiners.

(o) Hearing Aid Dealers:

(A) Governor's Advisory Council on Hearing Aids;

(B) Oregon Hearing Aid Society;

(C) Oregon Speech and Hearing Association;

(D) Oregon Academy of Ophthalmology and Otolaryngology.

(p) Tuberculosis:

(A) All local public health administrators;

(B) Oregon Lung Association;

(C) Oregon Thoracic Society;

(D) Oregon Medical Association;

(E) Oregon Tuberculosis Council;

(F) Oregon Adult and Family Services Division;

(G) All health care facilities licensed by the State Health Division

(H) All nursing home administrators licensed by the Board of Examiners of
Nursing Home Administrators.

(q) Travelers' Accommodations:

(A) Travelers' accommodations holding a Certificate of Sanitation issued
by the State Health Division;

(B) Oregon Motor Hotel Association;

(C) Oregon Hotel Association;

(D) National Park Service;

(E) Oregon Department of Commerce (Building Codes Division);

(F) League of Oregon Cities;

(G) Association of Oregon Counties.

(r) Recreational Parks:

(A) Recreational parks holding a Certificate of Sanitation issued by the
State Health Division;

(B) Federal Bureau of Land Management (Portland)

(C) U.S. Corps of Engineers (Portland);

(D) U.S. Forest Service (Portland);

(E) Oregon Highway Division (Design Branch);

(F) Oregon Parks Division;

(G) Association of Oregon Counties;

(H) League of Oregon Cities;

(I) Federal Bureau of Reclamation (Portland).

(s) Organizational Camps:

(A) Organizational camps holding a Certificate of Sanitation issued by
the State Health Division;

(B) Federal Bureau of Land Management (Portland)

(C) U.S. Corps of Engineers (Portland);

(D) U.S. Forest Service (Portland);

(E) Oregon Highway Division (Design Branch);

(F) Oregon Parks Division

(G) Oregon State Forestry Department;

(H) National Park Service (Portland);

(I) Oregon State Department of Commerce (Building Codes Division)

(J) Federal Bureau of Reclamation;

(K) YMCA and YWCA;

(L) Boy Scouts of America (Portland Office);

(M) Girl Scouts of America (Portland Office);

(N) Campfire Girls (Portland);

(O) American Camping Association;

(P) Kiwanis (Portland Office)

(Q) United Methodist Church, Portland.

(t) Restaurants:

(A) Restaurants of Oregon Association;

(B) Oregon Restaurant and Beverage Association.

(u) Vending:

(A) Advance Automatic Sales, Inc., Portland, Oregon;

(B) Automatic Sales Company, Portland, Oregon;

(C) Canteen Company of Oregon, Portland, Oregon;

(D) Coast Vending Machine Company, Portland, Oregon;

(E) Hildreth Vending, Portland

(F) Autoviable Services, Kwik Kafe Company Springfield, Oregon;

(G) Servomation Corporation, Portland, Oregon.

(v) Ice Making:

(A) Koldkist Ice, Portland, Oregon

(B) Northwestern Ice and Cold Storage Company, Portland, Oregon;

(C) Tour Ice of Vancouver;

(D) Zeero Ice Company, Portland, Oregon.

(w) School Lunch Facilities: Coordinator, School Food Services, Oregon
Department of Education.

(x) Shellfish:

(A) Hayes Oyster Company, Bay City, Oregon;

(B) Tillamook Oyster Company, Tillamook, Oregon;

(C) Olson Oyster Company, Bay City, Oregon;

(D) Qualman Oyster Farms, Coos Bay, Oregon;

(E) State Fisheries Director, Department of Fish and Wildlife.

(y) School Sanitation:

(A) State Department of Education;

(B) Conference of Local Health Officials;

(C) All local public health administrators.

(z) Public Water Supplies:

(A) Pacific Northwest Section, American Waterworks Association
Newsletter;

(B) Consulting Engineers Council of Oregon;

(C) State Board of Engineering Examiners;

(D) Professional Engineers of Oregon;

(E) Daily Journal of Commerce;

(F) League of Oregon Cities;

(G) All water districts listed with the State Health Division;

(H) Federal Environmental Protection Agency;

(I) Federal Bureau of Land Management;

(J) State Transportation Department;

(K) Federal Bureau of Reclamation;

(L) U.S. Corps of Engineers;

(M) U.S. Forest Service;

(N) State Sanitary Engineering Advisory Committee;

(O) State Water Resources Board;

(P) State Department of Commerce.


(aa) Annexation:

(A) Local Boundary Commissions

(B) League of Oregon Cities;

(C) Association of Oregon Counties;

(D) All local public health administrators;

(E) State Department of Environmental Quality.

(bb) Swimming Facilities:

(A) Oregon Aquatics Council;

(B) Associated Builders and Contractors, Inc., Pacific Northwest Chapter;

(C) Oregon Apartment Association;

(D) Oregon Mobil Home Park Association;

(E) Oregon Motor Hotel Association;

(F) Oregon State Association of Plumbing -- Heating -- Cooling
Contractors, Eugene, Oregon;

(G) Portland Association of Plumbing -- Heating -- Cooling Contractors,
Inc;

(H) Swimming Pool Association of the Northwest;

(I) All swimming pools licensed by the State Health Division;

(J) All local health department;

(K) All local building departments.

(cc) Denturism:

(A) Gray Panthers;

(B) United Seniors of Oregon;

(C) Oregon State Denturists Association;

(D) Oregon Dental Association;

(E) Oregon Dental Hygienists Association;

(F) Oregon Dental Assistants Association;

(G) Oregon Association of Dental Labs;

(H) Oregon Board of Dentistry;

(I) Oregon State Department of Education Special Vocational Schools
Program;

(J) Oregon State Office of Educational Policy and Planning

(K) Oregon Public Health Association;

(L) OSPIRG;

(M) Oregon Denturist College;

(N) Oregon State Council of Senior Citizens.

(dd) School/Facility Immunizations:

(A) Oregon Medical Association;

(B) Oregon Association of Hospitals;

(C) All Local Public Health Administrators;

(D) Communicable Disease Summary

(E) Oregon Osteopathic Association

(F) Department of Education;

(G) Oregon School Boards Association;

(H) Public, Private, Parochial Schools;

(I) Certified Day Care Centers;

(J) Children Services Division

(K) Conference of Oregon School Administrator;

(L) Education Service Districts;

(M) Association of Educational Office Personnel;

(N) Oregon Caucus of Community Health Nurse Supervisors;

(O) Association of Oregon Counties;

(P) Oregon School Nurses Association;

(Q) UP, API;

(R) Oregon Conference of Local Health Officials;

(S) Pacific N.W. Association Independent Schools;

(T) Oregon Total Information System (OTIS)

(U) Oregon Public Health Association;

(V) Oregon Nurses Association;

(W) Oregon Board of Pharmacy;

(X) Oregon Naturopathic Board of Examiners;

(Y) Oregon Association of Day Care Center Directors;

(Z) Oregon Congress of Parents and Teachers;

(AA) Oregon Association of Pediatric Nurse Practitioners;

(BB) Oregon Association of Education Service Districts;

(CC) Oregon Chapter of American Academy of Pediatrics;

(DD) Oregon Society of Physician's Assistants.

(ee) Electrology, Permanent Color Technicians and Tattoo Artists:

(A) Oregon Association of Registered Electrologists;

(B) State Representative, International Guild for Professional
Electrologists;

(C) Oregon schools of electrolysis:

(D) Oregon Department of Education, Vocational Schools Program;

(E) State Designated Delegate to American Electrology Association;

(F) National Tattoo Association;

(G) Professional Tattoo Artists Guild;

(H) The Society of Permanent Cosmetic Professionals;

(I) Alliance of Professional Tattooists;

(J) National Cosmetic Tattooing Association;

(ff) Hearing Aid Dealers:

(A) Governor's Advisory Council on Hearing Aids;

(B) Oregon Hearing Aid Society;

(C) Oregon Speech and Hearing Association;

(D) Oregon Academy of Otolaryngology;

(E) Oregon Board of Examiners for Speech Pathology and Audiology;

(F) Oregon Disabilities Commission;

(G) Oregon Association of the Deaf;

(H) Oregon Chapters of Self-Help for the Hard of Hearing;

(I) United Seniors; and

(J) Grey Panthers.

(gg) Certificate of Need: The Health Division shall issue any rules
related to the certificate of need program under ORS 442.315 and Section 9 of
Chapter 1034, Oregon Laws 1989, pursuant to delegation of rulemaking authority to
the division by the Department of Human Resources' director. Prior to the
adoption, amendment, or repeal of any rules related to the certificate of need
program, the Health Division shall give notice of the intended action to the persons
listed in sections (2) and (3) of this rule, and to:

(A) Oregon Association of Hospitals and Health Systems;

(B) Oregon Health Care Association;

(C) Oregon Medical Association;

(D) Oregon Association of Homes for the Aging;

(E) Capitol Building Press Room; and

(F) Office of Health Policy.

(hh) Construction Plans Review Program: The Health Division shall issue
any rules related to health facility construction plans review under ORS
441.060(2) pursuant to delegation of rulemaking authority to the Division by the
Department of Human Resources' Director. Prior to the adoption, amendment, or repeal of
any rules related to construction plans review, the Health Division shall give
notice of the intended action to the persons listed in sections (2) and (3)
of this rule, and to:

(A) Oregon Association of Hospitals and Health Systems;

(B) Oregon Health Care Association;

(C) Oregon Medical Association;

(D) Oregon Association of Homes for the Aging;

(E) Capitol Building Press Room; and

(F) Office of Health Policy.

Stat. Auth.: ORS 183.341, ORS 409.120, ORS 431.120(6), ORS 441.060(2), ORS
442.315 & Sec. 9, Ch. 1034, OL 1989
Stats. Implemented: ORS 183.341(4)

Hist.: HD 91(Temp), f. & ef. 10-6-75; HD 98, f. & ef. 12-5-75; HD 7-1978, f.
&
ef. 5-24-78; HD 8-1979, f. & ef. 7-24-79; HD 14-1980(Temp), f. & ef.
12-19-80;

HD 15-1980(Temp), f. & ef. 12-29-80; HD 19-1981(Temp), f. & ef. 9-21-81; HD
15-1982, f. & ef. 6-25-82; HD 7-1984, f. & ef. 3-20-84; HD 22- 1987(Temp),
f.
11-27-87, ef. 12-1-87; HD 16-1988, f. & cert. ef. 7-15-88; HD 26-1988, f. &
cert. ef 12-1-88; HD 4-1989, f. & cert. ef. 6-1-89; HD 8-1990, f. 4-4-90,
cert.
ef. 4-5-90; HD 4-1991, f 3-15-91, cert. ef. 4-1-91; HD 3-1992, f & cert. ef
3-25-92; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HD 13- 1994, f. & cert.
ef.
4-22-94; HD 29-1994, f. & cert. ef. 12-2-94; Renumbered from 333-012-0000

331-555-0010 Approved Course of Study


(1) To be approved by the Division, a course of study shall include, but
is not limited to 360 hours of instruction. The course shall include 210 hours
of theory and 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 practical tattooing experience.

(3) The Division'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, Sanitation 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 should
be completed prior to practical work being performed on the general public.

(5) Detailed information pertaining to the Division approved course of
study listing the above subject areas, content and scope, and required hours of
instruction is on file with the Division office and may be obtained by
written request from the Division.


817-035-0010 Issuance and Renewal of Certificates, Licenses and/or
Registrations


(1) Individuals will be subject to the provisions of ORS 690.048,
690.055, and 690.085 for issuance and renewal of certificates, licenses and
registrations.

(2) The Board may mail to each certificate, license, and/or registration
holder notice of expiration to the last address filed with the Board. The
holder is responsible for submitting application for renewal whether or not a
renewal form was mailed by the Board.

(3) Submission of the application for renewal and fees must be postmarked
or received in the Board office during regular business hours on or before the
expiration date. An applicant whose payment is received in the Board office
or is postmarked after the expiration date will be assessed a late renewal fee,
as specified in ORS 690.085(4). A late renewal fee of $5 for each year in
expired status will be required to renew a certificate, license or registration.

(4) As of January 1, 2001, practitioners who fail to renew their
certificate within two years from the expiration date must reapply and meet requirements
of ORS 690.085(5).

(5) Independent contractors who fail to renew their registration within
one year from the date of expiration must reapply and pay the application and
registration fees.

(6) The Board may also request that applicants provide their Social
Security number at the time of renewal.

(7) Practitioner Certificates. When renewing a certificate, applicants
must provide the following information to the Board:

(a) Name and current residential or mailing address;

(b) Certificate number and expiration date;

(c) Residence area code and telephone number;

(d) Date of birth; and

(e) Whether actively engaged in performing services within a field(s) of
practice and, if so;

(f) The name, address, telephone number and facility license or
independent contractor registration number where services are being performed, or other
work location where service is performed.

(8) Independent Contractor Registration. When renewing an independent
contractor registration, applicants must provide the following information
to the Board:

(a) Independent contractor registration number and expiration date;

(b) Assumed Business Name if using name other than full legal name in
business;

(c) Name, address and license number of facility where working under
lease agreement, or business mailing address;

(d) Residential address;

(e) Business area code and telephone number; and

(f) Whether actively engaged in performing services within a field(s) of
practice.

(9) Facility Licenses. When renewing a facility license, applicants will
be subject to requirements of ORS 690.085(2) and (4). Applicants must provide
the following information to the Board at the time of renewal;

(a) Facility license number and expiration date;

(b) Name and place of business, or business mailing address;

(c) Business area code and telephone number; and

(d) Whether regulated services outside the scope of ORS 690.005 to
690.235 are being performed within the premises of the facility. Such services
include but are not limited to electrology, tanning, ear and body piercing, or
tattooing, i.e. permanent makeup.


331-555-0020 Training Criteria


(1) 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 color technician and tattoo artist, licensed as an
instructor by the Department of Education, Private Career Schools. All aspects
pertaining to services performed by the student shall be evaluated before receiving the
instructor's sign-off as a completed procedure defined in OAR
331-550-0000(2).

(2) A registered instructor shall provide direct supervision of practical
training on a one-to-one student/instructor ratio as defined in OAR
331-550-0000(3) for students performing practical training and when the
student is working on the general public.

(3) The Division, with concurrence from the Department of Education,
shall recognize an Oregon licensed permanent color technician or tattoo artist as
a registered instructor if the individual:

(a) Holds a valid current Oregon license;

(b) Has substantiated active practice in the field of permanent color or
tattooing for a minimum of four years prior to applying for registration as
an instructor; and

(c) Has not been the subject of any disciplinary action for an offense
relevant to the individual's qualification as an instructor.

NOTE:Refer to OAR 331-555-0040(4)(c) for documentation requirements if
four years practical experience was obtained outside of Oregon and qualification
is by means of experience equivalency.

(4) Individual progress records must be regularly maintained for the
purpose of monitoring each student's progress through the instructional program and
verifying actual hours of instruction in each classification listed under
OAR 331-555-0010.

(5) The Division, with the assistance of a curriculum committee, will
develop minimum standards for each classification within the approved course of
study. The minimum standards should indicate specific levels of competence to be
achieved by each student prior to any practical work to ensure students have
achieved sufficient skill and knowledge to successfully and safely perform
assigned tasks on members of the general public.

(6) The training syllabus submitted for Division approval shall include
clearly defined student performance objectives which measure levels of
performance for each classification of instruction listed under OAR
331-555-0010, for each skill/task and knowledge required for students to
successfully pass the appropriate practitioner license examination and
successfully and safely perform on members of the public all services
relating to the field of tattooing, as defined in ORS 690.350(12).

(7) Arrangements for the time, place and cost of education and training
shall be arranged between the applicant and the school providing the training.

(8) TRANSITION:Individuals registered with the Division as "approved
trainers" and "trainees" as of the effective date of this rule adoption, may
continue the Division approved training program of 268 hours of training by
means of direct supervision, in accordance with provisions of former OAR
333-305-0030(2), until the registered individual's training is completed or
March 31, 1999, whichever date occurs first.

NOTE: Should the individual not complete all required hours of theory and
practical training(268 clock hours) under the former OAR 333-305-0030(2),
the training record must be submitted to the Division to determine hours
credited toward meeting requirements of OAR 331-555-0010.


331-585-0010 Instrument Cleaning; Sterilization Standards


(1) Prior to sterilizing, instruments shall be brushed and/or swabbed to
remove foreign material or debris, rinsed and then cleaned by one of the
following approved methods:

(a) Immersing in detergent and water in an ultra sonic unit that operates
at 40 to 60 hertz, followed by a thorough rinsing and wiping; or

(b) Submerging and soaking in a protein dissolving detergent/enzyme
cleaner, followed by a thorough rinsing and wiping.

(2) Instruments or other equipment which are "heat-sensitive" shall be
disinfected by complete immersion of the object(s) or portion(s) thereof to
be disinfected, in an EPA-registered high-level disinfectant which has
demonstrated tuberculocidal activity, and used according to the manufacturer's
instructions.

(3) Cleaned instruments used in the practice of permanent color
technology and tattooing shall be placed in sterile bags or containers with color strip
indicators, sterilized by exposure to one cycle of an approved sterilizer
listed in OAR 331-585-0020, and handled with sterile transfer equipment during
placement into sterile bags or containers.


331-505-0020 Fee Refunds


(1) Examination fees will be refunded if the applicant does not meet the
qualification for licensure as referred to in OAR 331-515-0050
(electrolysis) and OAR 331-555-0050 (permanent color and tattooing).

(2) Examination fees will not be refunded once an applicant has been
approved to take the examination, even if the applicant is unable to participate in
the examination. The fees will be carried forward to the next examination one
time only.

(3) Application fees will not be refunded.

(4) The Division shall not refund fees, civil penalties or other moneys
overpaid by an amount of $10, or less, unless such refund is requested in
writing by the payor within three years after the date of the overpayment.



331-555-0030 Experience Equivalency Standards

An applicant shall not be required to comply with the training
requirements under OAR 331-555-0010 if the Division determines that the training and/or
work experience obtained in another state is equivalent to minimum requirements
for Oregon licensure, based on the following:

(1) One hundred hours of course work credit shall be granted for every
three full months of work experience or 12 months part-time experience as a
practicing permanent color technicians and/or tattoo artist, if the applicant completed
a course of study in another state with fewer than the 360 hours of theory and
practical instruction required for Oregon licensure; or

(2) Applicant provides documentation of two years full-time or four years
part-time active work experience in the field of permanent color and
tattooing. Documentation outlined in OAR 331-555-0050(4) is required.

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Last modified: February 13, 2005