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Oregon State Archives

Oregon Bulletin

February 1, 2012

Oregon Health Licensing Agency
Chapter 331

Rule Caption: Adopt requirements for specialty level one and two body piercing including supervision requirements.

Adm. Order No.: HLA 14-2011(Temp)

Filed with Sec. of State: 12-30-2011

Certified to be Effective: 1-1-12 thru 6-25-12

Notice Publication Date:

Rules Adopted: 331-905-0000, 331-905-0005, 331-905-0010, 331-905-0015, 331-905-0020, 331-905-0025, 331-905-0030, 331-905-0035, 331-905-0040, 331-905-0045, 331-905-0050, 331-905-0055, 331-905-0060, 331-905-0065

Subject: During the 2011 Legislative Session, HB 2013 was enacted which requires the Oregon Health Licensing Agency (Agency) consult with the Oregon Medical Board (OMB) regarding certain body art practices. Following a presentation to the Oregon Medical Board in October 2011 the Agency received written response from the OMB stating that all the procedures listed in specialty level one and two body piercing services may be considered surgical procedures but with proper training/education and informed consent from clients body piercers may be able to perform certain specialty body piercing procedures.

Definitions: Adopt temporary definitions for specialty body piercing, including defining specialty level one genital piercings and specialty genital piercings and cheek piercings.

Education & Training: Adopt temporary rules creating an approved education or training program for specialty level one body piercing. Currently there is no Department of Education Private Career Schools licensed under ORS 345 in Oregon. A training program has been developed to include 150 of combined theory and practical hours which include 50 various specialty level one body piercing procedures.

Adopt temporary rules creating an approved education or training program for specialty level two body piercing. Currently there is no Department of Education Private Career Schools licensed under ORS 345 in Oregon. A training program has been developed to include 220 hours of combined theory and practical hours which include 40 various specialty level two body piercing procedures.

Body piercing licensees who obtained their license prior to January 1, 2012, must qualify for licensure as a specialty level one or two body piercer. Qualifications include licensure as a standard body piercer, years of experience, client records and references.

Individuals seeking licensure after January 1, 2012, as a specialty level one or two body piercer must qualify for licensure through the following pathways graduate from an Oregon licensed career school or qualification through a specialty level one or two body piercing trainee license. Trainees must be under direct supervision.

Supervisors must qualify to train specialty level one or two body piercing trainees qualifications include years of experience, written and practical examination professional references.

Informed Consent: Require that each licensee provide a uniform document which provides procedures, risks and alternatives related to specialty level one and two body piercings. The client is required to sign that they have been informed and agree to the procedure.

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

331-905-0000

Specialty Body Piercing Definitions

The following definitions apply to OAR chapter 331, division 900:

(1) “Affidavit of Licensure” has the meaning set forth in OAR 331-030-0040.

(2) “Agency” means the Oregon Health Licensing Agency.

(3) “APP” means Association of Professional Piercers.

(4) “Body piercing” has the definition set forth in ORS 690.350.

(5) “Direct supervision” means the supervisor or instructor is present in the facility and actively involved in direct oversight and training of students.

(6) “Field of practice” has the definition set forth in ORS 690.350.

(7) “Official transcript” means:

(a) An original document authorized by the appropriate office in the Oregon Department of Education and certified by a career school licensed under ORS chapter 345 indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, enrollment information and a signature by an authorized representative on file with the Agency. Original documents must be submitted directly to the Agency from the educational institution by United States Postal Service mail or other recognized mail service providers in a sealed envelope; or

(b) A document authorized by the appropriate office in the Oregon Department of Education and certified by career school licensed under ORS chapter 345 providing applicant identity information, field(s) of practice studied and completed, specific hour requirements for each field of practice if applicable, enrollment information and a signature by an authorized representative on file with the Agency. Non-original documents shall only be accepted when and in the manner approved by the Agency

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

(9) “Specialty level one body piercing” includes the following:

(a) Male genital piercings including the scrotum, frenum, foreskin, or the perineum behind the scrotum, and the piercing of the penis through the urethra and exiting on the underside of the penis (called a “Prince Albert”); and

(b) Female genital piercing including the labia major, labia minor, frenulum labiorum pudenda (the perineum between the vagina and the anus), and a vertical piercing of the clitoral hood (called a “Princess Diana”).

(10) “Specialty level two body piercing” includes the following:

(a) Cheek piercing;

(b) Male genital piercings including a vertical piercing of the head of the penis that passes through the urethra (called an “apadravya”), a horizontal piercing of the head of the penis that passes through the urethra (called an “ampallang”), a piercing through the corona or edge of the head or glans of the penis, a piercing of the penis entering through the urethra and exiting in the upper side of the penis (called a “reverse Prince Albert”); and

(c) Female genital piercings including the clitoris, a horizontal piercing beneath the shaft of the clitoris (called a “triangle”), and a piercing of the base of the vagina exiting through the urethra (called a “Princess Albertina”).

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0005

Specialty Level One Body Piercing Education or Training

All education curriculum or training for specialty level one body piercing must meet requirements set forth by the Oregon Health Licensing Agency prior to beginning training or education. The theory portion of the curriculum or training must be done prior to the practical portion of the curriculum or training.

(1) Specialty level one body piercing career school course of study must include 150 hours of theory and practical education. The education must include a minimum of 30 hours of theory instruction, 120 hours of practical experience and a minimum of 50 practical operations.

(2) The 50 practical operations required must include:

(a) 15 practical operations observed by the student;

(b) 15 practical operations in which the student participated; and

(3) The 30 hours of theory instruction required must include 20 hours of genital anatomy and physiology, 5 hours of ethics related to genital piercings.

(a) Genital Anatomy & Physiology: 15 hours;

(b) Ethics and legalities related to genital piercing: 5 hours;

(d) Client consultation related to genital piercing: 5 hours.

(4) The 120 hours of practice required e must include client consultation, cleaning, disinfection and sterilization.

(5) The 50 practical operations must include the content listed in section (4) of this rule and the specialty level one body piercing procedures listed in subsections (a) through (j) below:

(a) Frenum: minimum of 5;

(b) Scrotum: minimum of 5;

(d) Guiche: minimum of 5;

(e) Prince Albert: minimum of 5

(f) Clitoral head: minimum of 5;

(g) Labia majora: minimum of 5;

(h) Labia minora: minimum of 5;

(i) Fourchette: minimum of 5;

(j) Princess Diana: minimum of 5;

(6) As part of the approved course of study, all hours of theory must be completed prior to practical work being performed.

(7) Education must be conducted by Department of Education, Private Career School licensed instructor who holds an active specialty level one body piercing license.

(8) A Department of Education, Private Career School licensed instructor must provide direct supervision of practical training on a one-to-one student/teacher ratio for students performing practical training while working on the general public.

(9) Supervised Training Requirements for Specialty Level One Body Piercing Trainee: Specialty level one body piercing training program must include150 hours of theory and practical education. The training must include a minimum of 30 hours of theory instruction, 120 hours of practical experience and a minimum of 50 practical operations.

(10) The 50 practical operations required must include:

(a) 15 practical operations observed by the trainee;

(b) 15 practical operations in which the trainee participated; and

(11) The 30 hours of theory instruction required must include 20 hours of genital anatomy and physiology, 5 hours of ethics related to genital piercings.

(a) Genital Anatomy & Physiology: 15 hours;

(b) Ethics and legalities related to genital piercing: 5 hours;

(d) Client consultation related to genital piercing: 5hours.

(12) The 120 hours of practice required must include client consultation, cleaning, disinfection and sterilization.

(13) The 50 practical operations must include the content listed in section (12) of this rule and the specialty level one body piercing procedures listed in subsections (a) through (j) below:

(a) Frenum: minimum of 5

(b) Scrotum: minimum of 5;

(d) Guiche: minimum of 5;

(e) Prince Albert: minimum of 5

(f) Clitoral head: minimum of 5;

(g) Labia majora: minimum of 5;

(h) Labia minora: minimum of 5;

(i) Fourchette: minimum of 5;

(j) Princess Diana: minimum of 5;

(14) As part of the approved training, all hours of theory must be completed prior to practical work being performed.

(15) Training must be completed in no less than three months from the date the Agency issues a specialty level one body piercing trainee license.

(16) A supervisor must provide direct supervision of practical training on a one-to-one trainee to trainer ratio for trainees performing practical training while the trainee is working on the general public.

(17) Supervisors of a specialty level one body piercing trainee must hold a specialty level one piercing license being sought by the trainee, and must adhere to OAR 331-905-0055.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0010

Specialty Level Two Piercing Education or Training

All education curriculum or training for specialty level two body piercing must meet requirements set forth by the Oregon Health Licensing Agency prior to beginning training or education. The theory portion of the curriculum or training must be done prior to the practical portion of the curriculum or training.

(1) Specialty level two body piercing career school course of study must include 220 hours of theory and practical education. The education must include a minimum of 40 hours of theory instruction, 180 hours of practical experience and a minimum of 40 practical operations.

(2) The 40 practical operations required must include:

(a) 10 practical operations observed by the student;

(b) 10 practical operations in which the student participated; and

(3) The 40 hours of theory instruction required must include:

(a) Anatomy and physiology related to cheek and genitals: 20 hours;

(b) Ethics and legalities related to genital piercings: 5 hours;

(d) Client consultation related to cheek and genital piercings: 5 hours.

(4) The 180 hours of practice required must include client consultation, cleaning, disinfection and sterilization.

(5) The 40 practical operations must include the content listed in section (4) of this rule and the specialty level two piercing procedures listed in subsections (a) through (h) below:

(a) Cheek: minimum of 5;

(b) Reverse Prince Albert: minimum of 5;

(d) Ampallang: minimum of 5;

(e) Apadravya: minimum of 5;

(f) Clitoris: minimum of 5;

(g) Triangle: minimum of 5;

(h) Princess Albertina: minimum of 5.

(6) As part of the approved course of study, all hours of theory must be completed prior to practical work being performed.

(7) Education must be conducted by Department of Education, Private Career School licensed instructor who holds an active specialty level one body piercing license.

(9) Supervised Training Requirements for Specialty Level Two Body Piercing Trainee: Specialty level two body piercing training program must include a minimum of 40 hours of theory instruction, 180 hours of practical experience and a minimum of 40 practical operations.

(10) The 40 practical operations required must include:

(a) 10 practical operations observed by the student;

(b) 10 practical operations in which the student participated; and

(11) The 40 hours of theory instruction required must include:

(a) Anatomy and physiology related to cheek and genitals: 20 hours;

(b) Ethics and legalities related to genital piercings: 5 hours;

(d) Client consultation related to cheek and genital piercings: 5 hours.

(12) The 180 hours of practice required must include client consultation, cleaning, disinfection and sterilization.

(13) The 40 practical operations must include the content listed in section (12) of this rule and the specialty level two piercing procedures listed in subsections (a) through (h) below:)

(a) Cheek: minimum of 5;

(b) Reverse Prince Albert: minimum of 5;

(d) Ampallang: minimum of 5;

(e) Apadravya: minimum of 5;

(f) Clitoris: minimum of 5;

(g) Triangle: minimum of 5;

(h) Princess Albertina: minimum of 5.

(14) As part of the approved training, all hours of theory must be completed prior to practical work being performed.

(15) Training must be completed in no less than three months from the date the Agency issues a specialty level one body piercing trainee license.

(17) Supervisors of a specialty level two body piercing trainee must hold a specialty level one piercing license being sought by the trainee, and must adhere to OAR 331-905-0060.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0015

Specialty Level One Body Piercing License Issued to a Body Piercer Licensed Prior to January 1, 2012

(1) A specialty level one body piercing license may perform services defined under OAR 331-905-0000(9).

(2) A specialty level one body piercing license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) A specialty level one body piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110 and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0020

Application Requirements for Specialty Level One Body Piercer Licensed as Body Piercer Prior to January 1, 2012

A specialty level one body piercing is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(1) An individual applying for licensure who obtained an Oregon body piercing license before January 1, 2012, to qualify for a specialty level one body piercing license, that individual must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(f) Submit proof of having a high school diploma or General Education Degree (GED);

(g) Meet the requirements of OAR 331-900-0005;

(h) Submit copies of client records demonstrating proof of having successfully performed a minimum of five of each of the specialty level one body piercing; and

(i) Pay all licensing fees.

(2) Experience claimed under subsections (1)(h) of this rule is subject to independent verification by the Agency.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0025

Specialty Level Two Body Piercing License Issued to a Body Piercer Licensed Prior to January 1, 2012

(1) A specialty level two body piercing license may perform services defined under OAR 331-905-0000(10).

(2) A specialty level two body piercing license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) A specialty level two body piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110 and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0030

Application Requirements for Specialty Level Two Body Piercing Licensed as Body Piercers Prior to January 1, 2012

(1) An individual applying for licensure who obtained an Oregon body piercing license before January 1, 2012, to qualify for a specialty level two body piercing license, that individual must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(f) Submit proof of having a high school diploma or General Education Degree (GED);

(g) Meet the requirements of OAR 331-900-0005;

(h) Submit copies of client records demonstrating proof of having successfully performed a minimum of 5 of each specialty level one body piercing;

(i) Submit copies of client records demonstrating proof of having a minimum of three years of experience successfully performing specialty level two body piercing services; and

(j) Pay all licensing fees.

(2) Experience claimed under subsections (1)(h) and (1)(i) of this rule is subject to independent verification by the Agency.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0035

Specialty Level One Body Piercing License Issued to a Body Piercer Licensed After January 1, 2012

(1) A specialty level one body piercing license pursuant ORS 676.615 may perform standard body piercing services defined under OAR 331-900-0000.

(2) A specialty level one body piercing license may perform services defined under OAR 331-905-0000(9).

(3) A specialty level one body piercing license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(4) A specialty level one body piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110 and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0040

Application Requirements Specialty Level One Body Piercer Licensed After January 1, 2012

(1) An individual applying for licensure to practice specialty level one body piercing must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must

contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000;

(f) Submit proof of having a high school diploma or GED;

(g) Submit proof of holding a current Oregon standard body piercing license; and

(h) Provide documentation of completing a qualifying pathway.

(2) License Pathway 1 – Graduate from an Oregon Licensed Career School for Specialty Level One Body Piercing:

(a) Submit official transcript from a body piercing career school under ORS 345 and showing proof of completion of required body piercing curriculum as approved by the Agency under OAR 331-905-0005 (1) through (8);

(b) Pay examination fees;

(d) Submit a passing score of an Agency approved practical examination in within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(3) License Pathway 2 – Qualification through Specialty Level One Body Piercing Trainee License:

(a) Submit documentation approved by the Agency showing proof of having completed training listed under OAR 331-900-0005, verified by a supervisor approved under to OAR 331-905-0005 (9) through (17), on a form prescribed by the Agency;

(b) Pay examination fees;

(d) Submit a passing score of an Agency approved practical examination in within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0045

Specialty Level Two Body Piercing License Issued to a Body Piercer Licensed After January 1, 2012

(1) A specialty level two body piercing license may perform standard body piercings services defined under OAR 331-900-0000.

(2) A specialty level two body piercing license may perform specialty level one body piercing services defined under OAR 331-905-0000(9).

(3) A specialty level two body piercing license may perform specialty level two body piercing services defined under OAR 331-905-0000(10).

(4) A specialty level two body piercing license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(5) A specialty level two body piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110 and OAR chapter 331, division 930.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0050

Application Requirements Specialty Level Two Body Piercer Licensed After January 1, 2012

(1) An individual applying for licensure to practice specialty level one body piercing must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must

contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(f) Submit proof of having a high school diploma or General Education Degree (GED);

(g) Submit proof of holding a current Oregon standard body piercing license;

(h) Submit proof of holding a current Oregon specialty level one body piercing license; and

(i) Provide documentation of completing a qualifying pathway.

(2) License Pathway 1 – Graduate from an Oregon Licensed Career School for Specialty Level One Body Piercing:

(b) Pay examination fees;

(d) Submit a passing score of an Agency approved practical examination within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(3) License Pathway 2 – Qualification through Specialty Level One Body Piercing Trainee License:

(a) Submit documentation approved by the Agency showing proof of having completed training listed under OAR 331-900-0005, verified by a supervisor approved under to OAR 331-905-0010 (9) through (17), on a form prescribed by the Agency;

(b) Pay examination fees;

(d) Submit a passing score of an agency approved practical examination within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0055

Requirements for Specialty Level One Body Piercing Supervisor

(1) To be an approved supervisor for a specialty level one body piercing trainee an individual must:

(a) Submit a completed form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000;

(b) Submit proof of holding an active, standard body piercing license with no current or pending disciplinary action;

(c) Submit proof of having been actively practicing standard body piercing for at least three years prior to submitting application on a form prescribed by the Agency;

(d) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(e) Submit proof of current blood borne pathogens training from an Agency approved provider;

(f) Submit copies of client records demonstrating proof of having successfully performed a minimum of five of each specialty level one body piercings defined under OAR 331-905-0000(9).

(g) Submit copies of client records demonstrating proof of having a minimum of three years of experience successfully performing the piercing procedures listed in paragraph (f) above;

(h) Provide a list of three professional references on a form prescribed by the Agency.

(2) Experience claimed under subsections (1)(f), (1)(g) and (1)(h) of this rule is subject to independent verification by the Agency.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0060

Requirements for Specialty Level Two Body Piercing Supervisor

(1) To be an approved supervisor for a specialty level one body piercing trainee an individual must:

(a) Submit a completed form prescribed by the Agency, which must

contain the information listed in OAR 331-030-0000;

(b) Submit proof of holding an active, standard body piercing license with no current or pending disciplinary action;

(c) Submit proof of having been actively practicing standard body piercing for at least three years prior to submitting application;

(d) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(e) Submit proof of current blood borne pathogens training from an Agency approved provider;

(f) Submit copies of client records demonstrating proof of having successfully performed a minimum of five of each specialty level one body piercings defined under OAR 331-905-0000(9).

(g) Submit copies of client records demonstrating proof of having successfully performed a minimum of five of each specialty level two body piercings defined under OAR 331-905-0000(10).

(h) Provide a list of references on a form prescribed by the Agency.

(2) Experience claimed under subsections (1)(f), (1)(g) and (1)(h) of this rule is subject to independent verification by the Agency.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

331-905-0065

Informed Consent for Certain Body Piercing Procedures

(1) A specialty level one body piercer must provide information prescribed by the Agency to the client, regarding the following body piercing procedures:

(a) Cheek;

(b) Specialty one genital;

(2) A specialty level two body piercer must provide information prescribed by the Agency to the client, regarding specialty level two genital piercings.

(3) Informed consent documents for certain body piercing procedures is published on the Agency’s website at http://www.oregon.gov/OHLA/BAP/forms.shtml.

Stat. Auth.: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, & 345

Stats Implemented: ORS 676.607,676.615, 676.625, 690.365, 690.371, 690.385, 690.390, 690.405, 690.407, 690.410, 690.415, OL 2011, Ch. 346, Sec. 22 & 35

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12

Rule Caption: Align rules with current statutory, industry, agency and rulemaking standards including one year registration cycles.

Adm. Order No.: HLA 15-2011

Filed with Sec. of State: 12-30-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 10-1-2011

Rules Adopted: 331-705-0072, 331-705-0080, 331-710-0005, 331-710-0015, 331-710-0040, 331-710-0045, 331-710-0050, 331-712-0000, 331-712-0010, 331-712-0020, 331-718-0000, 331-718-0010, 331-718-0020, 331-720-0015, 331-740-0000

Rules Amended: 331-705-0050, 331-710-0010, 331-710-0020, 331-715-0010, 331-720-0010

Rules Repealed: 331-705-0060, 331-705-0072(T), 331-710-0030, 331-715-0030, 331-715-0045, 331-725-0020

Subject: Passage of SB 723 (Oregon Laws 2011, chapter 715) by the 2011 Legislature integrated polysomnographic technologists into the Respiratory Therapist Licensing Board (Board) creating the Respiratory Therapist & Polysomnographic Technologist Licensing Board within the Oregon Health Licensing Agency (Agency), and establishing a Practice Act for licensing polysomnographic technologists. The Agency begins licensing polysomnographic technologists on January 1, 2012 and licensure is required by January 1, 2013.

Continue protocols for a sleep lab exemption for polysomnographic technologists through January 1, 2013.

Identifies licensure exemptions for polysomnography students if in an approved program or under appropriate supervision.

Require national fingerprint based criminal background checks to new applicants for permanent or temporary respiratory therapy licensure as wells as aligns rules with statutory requirements regarding age and education. Adopt rule that defines a “temporary” respiratory therapist.

Implement education and licensing standards for polysomnographic technologists including national criminal background checks, education, grandfathering criteria, and reciprocity.

Create new divisions which specifically address approved examinations, standards of practice, and fees for respiratory therapy and polysomnography.

Revise renewal requirements to include Agency administrative changes and add renewal requirements for polysomnography. Add rule which clarifies continuing education requirements for polysomnography.

Allow for general amendments to align with current industry, agency and statewide rulemaking standards and principles, as well as changes to administrative rule and statutory references.

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

331-705-0050

Definitions

The following definitions apply to OAR 331-705-0000 through 331-720-0020:

(1) “Affidavit of Licensure” means an original document or other approved means of verifying an authorization to practice (certification, licensure or registration) status and history, including information disclosing all unresolved or outstanding penalties and/or disciplinary actions. Refer to OAR 331-030-0040.

(2) “Agency” means the Oregon Health Licensing Agency.

(3) “AASM” means the American Academy of Sleep Medicine.

(4) “A-STEP” means the Accredited Sleep Technology Education Program.

(5) “BRPT” means Board of Registered Polysomnographic Technologists.

(6) “CAAHEP” means Commission on Accreditation of Allied Health Education Programs.

(7) “CoARC” means Commission on Accreditation for Respiratory Care.

(8) “CRT” means Certified Respiratory Therapist.

(9) “NBRC” means the National Board for Respiratory Care.

(10) “Official transcript” means an original document authorized by the appropriate office in the Oregon Department of Education and certified by a college or university indicating applicant identity information, hours and types of course work, examinations and scores that the student has completed. Original documents must be submitted directly to the Agency from the college or university by United States Postal Service mail or other recognized mail service providers in a sealed envelope; or

(11) “RPSGT” means Registered Polysomnographic Technologists.

(12) “RRT”means Registered Respiratory Therapist.

(13) “Qualified Medical Director for Polysomnography” has the definition set forth in ORS Chapter 688.800.

(14) “Qualified Medical Director for Respiratory Care” has the definition set forth in ORS Chapter 688.800.

Stat. Auth.: ORS 676.605, 676.615 & 688.830

Stats. Implemented: ORS 676.605, 676.615 & 688.830

Hist.: HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98; HDLP 2-1998, f. & cert. ef. 6-15-98; HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 7-2010, f. & cert. ef. 11-1-10; HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-705-0072

Sleep Lab Exemption

This rule is in effect through January 1, 2013, upon requirement for licensure for polysomnographic technologists.

(1) The following are exempt from the definition of Respiratory Care Services under ORS 688.800(7) when performed in a sleep lab environment:

(a) Positive airway pressure titration on spontaneously breathing patients;

(b) Supplemental low-flow oxygen therapy during polysomnogram (up to 6 liters per minute);

(d) Cardiopulmonary resuscitation;

(e) Pulse oximetry;

(f) Electrocardiography;

(g) Respiratory effort including thoriac and abdominal;

(h) Plethysmography blood flow;

(i) Nasal and oral airflow monitoring;

(j) Monitoring the effects positive airway pressure, used to treat sleep-related breathing disorders, has on sleep patterns, provided that the device does not extend into the trachea;

(k) Monitoring the effect on sleep patterns of an oral device that does not extend into the trachea and that is used to treat sleep apnea;

(l) Maintenance of nasal and oral airways that do not extend into the trachea;

(m) The use of continuous positive airway pressure and bi-level modalities;

(n) Set-up for use of durable medical equipment; and

(o) Long term follow-up care.

(2) For the purpose of this rule, “sleep lab” is:

(a) A physical space, including any commercial space, used by a hospital for conducting sleep testing and under the supervision of a medical director; or

(b) A facility accredited by the American Academy of Sleep Medicine (AASM) or the Joint Commission for conducting sleep testing under the supervision of a medical director.

(c) A facility provisionally accredited by the AASM for conducting sleep testing under the supervision of a medical director.

(3) For purpose of this rule, “medical director” means the medical director of any inpatient or outpatient facility or department who is a physician licensed by the State of Oregon and who has special interest and knowledge in the diagnosis and treatment of sleep disorders.

(4) For the purpose of this rule, “sleep lab” does not include the home environment.

(5) The exemption under this rule does not include partial or full ventilatory support services involving tidal volume regulation or which require the setting of respiratory back-up rates unless these services are for the treatment of central and mixed sleep apnea.

(6) All documentation and information regarding the provisional accreditation or accreditation through the AASM must be made available to the Agency if requested.

(7) All policies, procedures and protocols for unlicensed individuals related to positive airway pressure treatment and titration including but not limited to central and mixed sleep apnea must be made available to the Agency if requested.

Stat. Auth.: ORS 676.606, 676.607, 676.611, 676.615, 688.830

Stats. Implemented: ORS 688.800, 688.805

Hist.: HLA 13-2011(Temp), f. & cert. ef. 11-22-11 thru 5-10-12; HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-705-0080

Licensure Exemption for Supervisors and Polysomnography Students

(1) Students actively enrolled in the following education programs are exempt from polysomnographic technologist licensure pursuant to ORS 688.805(2)(b)(A):

(a) Associate’s degree program in polysomnography, polysomnographic technology, or sleep technology from an accredited community college, college, or university; or

(b) Polysomnography course of study from a CAAHEP accredited institution;

(2) In accordance with ORS 688.805(2)(b)(B) to be exempt from licensure students in subsection (1) of this rule must be supervised by one of the following:

(a) A licensed polysomnographic technician;

(b) A qualified medical director for polysomnography; or

(3) Direct supervision, for the purpose of this rule, is supervision of a student in polysomnography by an approved supervisor who is physically present with the student while the student is working. The supervisor must exercise direction and control over the student’s work. An approved supervisor supervising a student may not supervise more than one student per shift.

Stat. Auth.: ORS 676.606, 676.607, 676.611, 676.615, 688.830

Stats. Implemented: ORS 688.800, 688.805

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-710-0005

Respiratory Therapist License

(1) A respiratory therapist license holder, licensed under ORS 688.815, may perform respiratory care services and polysomnography services defined under ORS 688.800.

(2) A respiratory therapist license is good for one year and becomes inactive on the last day of the month one year from the date of issuance.

Stat. Auth.: ORS 676.605, 676.615, 688.815 & 688.830

Stats. Implemented: ORS 676.605, 676.615, 688.815 & 688.830

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-710-0010

Application Requirements for a Respiratory Therapist License

An individual applying for licensure to practice respiratory care must:

(1) Meet the requirements of OAR 331 division 30.

(2) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application and license fees.

(3) Submit fingerprint-based national criminal background check pursuant to OAR 331-030-0004;

(4) Be at least 18 years of age and provide official documentation confirming date of birth, such as a copy of the birth certificate, driver’s license, passport or military/government identification;

(5) Submit proof of having completed four years of standard high school education or the equivalent General Education Diploma (GED) passing scores;

(6) Submit current certification in cardiopulmonary resuscitation from an Agency approved provider; and

(7) Submit documentation of qualification for licensure through one of the following pathways:

(a) License Pathway One — National Credentialing: An applicant for licensure through national credentialing must submit:

(A) An official documentation demonstrating that the applicant has successfully passed the Board approved examination listed under OAR 331-712-0000, within one year before the date of application. The documentation of a passing score must be mailed by the organization to the Agency. Copies of examination results or other documentation provided by the applicant are not acceptable.

NOTE: The applicant is responsible for payment of fees assessed by the organization when obtaining required official documentation.

(b) License Pathway Two – Reciprocity

An applicant for licensure through reciprocity must submit:

(A) Submit an affidavit of licensure pursuant to OAR 331-030-0040, from every state where the applicant has been licensed as a respiratory therapist, including an affidavit of licensure demonstrating proof of a current respiratory therapist license from another state, obtained through qualifications substantially equivalent to Oregon’s requirements. At least one of the applicant’s out-of-state licenses must be active and all of the applicant’s out-of-state licenses must not be subject to current or pending disciplinary action, and must be free from disciplinary history for three years before the date of application for Oregon respiratory therapist licensure;

(B) Official documentation demonstrating that the applicant has successfully passed the Board approved examination listed under OAR 331-712-0000, within one year before the date of application. The documentation of a passing score must be mailed by the organization to the Agency. Copies of examination results or other documentation provided by the applicant are not acceptable.

NOTE: The applicant is responsible for payment of any service fee the originating jurisdiction may assess for producing the Affidavit of Licensure.

Stat. Auth.: ORS 676.605, 676.615, 688.815 & 688.830

Stats. Implemented: ORS 676.605, 676.615, 688.815 & 688.830

Hist.: HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98; HDLP 2-1998, f. & cert. ef. 6-15-98; HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04; HLO 10-2004(Temp), f. & cert. ef. 11-8-04 thru 3-31-05; HLO 1-2005, f. 2-28-05 cert. ef. 3-1-05; HLA 7-2010, f. & cert. ef. 11-1-10; HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-710-0015

Temporary Respiratory Therapist Licensure

(1) A respiratory therapist temporary license authorizes a holder to practice respiratory care under supervision and pending passage of the qualifying examination.

(2) For the purpose of this rule supervision means the required presence of a licensed respiratory therapist or qualified Medical Director for respiratory care within the work location at the same time as the respiratory therapist temporary license holder.

(3) A respiratory therapist temporary license holder must notify the Agency within 10 calendar days of changes in employment status or supervisor.

(4) A respiratory therapy temporary license is valid for six months and may not be renewed.

Stat. Auth.: ORS 676.605, 676.615, 688.815 & 688.830

Stats. Implemented: ORS 676.605, 676.615, 688.815 & 688.830

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-710-0020

Application Requirements for a Temporary Respiratory Therapist License

To qualify for a respiratory therapist temporary license for the applicant must:

(1) Meet the requirements of OAR 331 division 30;

(3) Submit fingerprint-based national criminal background check pursuant to OAR 331-030-0004;

(4) Be at least 18 years of age, and provide official documentation confirming the applicant’s date of birth, such as a copy of the birth certificate, driver’s license, or passport;

(5) Submit current certification in cardiopulmonary resuscitation from an Agency approved provider;

(6) Submit a statement, signed by the Registrar or a Dean of a college or university and sent directly to the Agency from that college or university, verifying the applicant has completed all work necessary to obtain a degree in respiratory care; and

(7) Submit documentation identifying approved supervisor on a form prescribed by the Agency.

Stat. Auth.: ORS 676.605, 676.615, 688.815 & 688.830

Stats. Implemented: ORS 676.605, 676.615, 688.815 & 688.830

331-710-0040

Polysomnographic Technologists Grandfathering Requirements

Pursuant to Oregon Laws 2011, Chapter 715, Sections 7 and 9, polysomnographic technologists must be licensed by January 1, 2013. A polysomnographic technologist license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(1) An individual applying for licensure who does not meet the requirements listed in Oregon Laws 2011, Chapter 715, Section 8, may be grandfathered into licensure by meeting the requirements of this rule on or before January 1, 2013. An applicant applying for licensure to practice polysomnography through the grandfathering process must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(d) Be at least 18 years of age and provide official documentation confirming date of birth, such as a copy of the applicant’s birth certificate, driver’s license, or passport;

(e) Submit proof of having completed four years of standard high school education or the equivalent General Education Diploma (GED) passing scores;

(f) Submit current certification in cardiopulmonary resuscitation by an Agency approved provider;

(2) Submit documentation of qualification through one of the following pathways:

(a) License Pathway One – RSPGT Credential from the BRPT. An applicant who has a credential as an RSPGT from the BRPT must:

(A) Submit proof of having obtained national credential as an RSPGT from the BRPT. Proof of national credentialing must be mailed to the Agency directly from the BRPT; copies of national credentialing mailed by the applicant are not acceptable;

(B) Submit official documentation verifying current registration with the BRPT at the time of application for Oregon licensure;

(C) Submit documentation of having worked in polysomnography for 18 months out of the last five years, immediately before application on an Agency prescribed form.

(D) Submit examination fees;

(E) Complete and pass the Board approved examination listed under OAR 331-712-0010(37); and

(F) Submit appropriate licensing fees.

(b) License Pathway Two – CRT or RRT Credential with the Sleep Disorder Specialty from the NBRC. An applicant who has a credential as a CRT or RRT with the Sleep Disorder Specialty from the NBRC must:

(A) Submit proof of having obtained national credential as an CRT or RRT with the Sleep Disorder Specialty from the NBRC. Proof of national credentialing must be mailed to the Agency directly from the NBRC; copies of national credentialing mailed by the applicant are not acceptable;

(B) Submit official documentation verifying current certification or registration with the NBRC at the time of application for Oregon licensure;

(C) Submit documentation of having worked in polysomnography for 18 months out of the last five years, immediately before application on an Agency prescribed form.

(D) Submit examination fees;

(E) Complete and pass the Board approved examination listed under OAR 331-712-0010(3); and

(F) Submit licensing fees.

Stat. Auth.: ORS 676.605, 676.615, 688.815 & 688.830

Stats. Implemented: ORS 676.605, 676.615, 688.815 & 688.830

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-710-0045

Polysomnographic Technologist License

(1) A polysomnographic technologist, licensed under ORS 688.815, may perform polysomnography services defined under ORS 688.800.

(2) A polysomnographic technologist license is good for one year and becomes inactive on the last day of the month one year from the date of issuance.

Stat. Auth.: ORS 676.605, 676.615, 688.815 & 688.830

Stats. Implemented: ORS 676.605, 676.615, 688.815 & 688.830

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-710-0050

Application Requirements for Polysomnographic Technologist License

(1) Pursuant to Oregon Laws 2011, Chapter 715, Sections 7 and 9, polysomnographic technologists must be licensed by January 1, 2013.

(2) An individual applying for licensure to practice polysomnography who does not meet the grandfathering requirements or who applies for licensure after January 1, 2013 must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, containing the information listed in OAR 331-030-0000 and accompanied by payment of the required application fees;

(d) Be at least 18 years of age, and must provide documentation, confirming date of birth, such as a copy of the birth certificate, driver’s license or passport;

(e) Submit current certification in cardiopulmonary resuscitation by an Agency approved provider; and

(3) Submit documentation of qualification through one of the following pathways:

(a) License Pathway One — Education: An applicant from an Education Program must:

(A) Submit official transcripts defined under OAR 331-705-0050 showing successful completion of an Associate’s degree in polysomnography, polysomnographic technology, or sleep technology from an accredited community college, college or university, or successful completion of a polysomnography course of study from a CAAHEP accredited institution;

(B) Submit satisfactory evidence of passage a Board approved examination listed under OAR 331-712-0010(1) within one year before the date of application. Examination results must be submitted to the Agency directly from the examination provider; examination results or other documentation provided directly by the applicant are not acceptable;

(D) Submit satisfactory evidence of passage of a Board approved examination listed under OAR 331-712-0010(3) within one year before the date of application. and

(E) Submit licensing fees.

(b) License Pathway Two — Reciprocity: An applicant for licensure by reciprocity must:

(A) Submit an affidavit of licensure pursuant to OAR 331-030-0040, from every state where the applicant has been licensed as a polysomnographic technologist, including an affidavit of licensure demonstrating proof of a current polysomnographic technologist license from another state, obtained through qualifications substantially equivalent to Oregon’s requirements. At least one of the applicant’s out-of-state licenses must be active and all of the applicant’s out-of-state licenses must not be subject to current or pending disciplinary action, and must be free from disciplinary history for three years before the date of application for Oregon polysomnographic licensure;

(B) Submit satisfactory evidence of passage a Board approved examination listed under OAR 331-712-0010(3) within one year before the date of application; and

(A) Submit proof of a an RPSGT credential obtained through a CAAHEP accredited educational program (BRPT Pathway Three); or

(B) Submit an affidavit of licensure pursuant to OAR 331-030-0040 demonstrating proof of a current license, which is active with no current or pending disciplinary action, and no disciplinary history for the three years before the date of application for Oregon polysomnographic licensure, as a:

(D) Respiratory therapist licensed under ORS 688 with the RSPGT credential from the BRPT; or

(E) CRT or RRT who holds a Sleep Disorder Specialty credential through NBRC; and

(F) Submit licensing fees.

Stat. Auth.: ORS 676.605, 676.615, 688.815 & 688.830

Stats. Implemented: ORS 676.605, 676.615, 688.815 & 688.830

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-712-0000

Respiratory Care Approved Examination

The Board has selected the CRT or RRT examination administered by the NBRC as its minimal qualifying examination for licensure. Individual applicants are responsible for payment of all NBRC application, examination, national certification or other fees directly to NBRC.

NOTE: An applicant is responsible for direct payment to the NBRC of all application, examination, national certification or other fees associated with the NBRC.

Stat. Auth.: ORS 676.607, 676.615, 688.830, OL 2011, Ch. 715

Stats. Implemented: ORS 676.606, 676.607, 676.612, 676.615, 676.625, 688.815 & 688.830, 688.834, 688.836, OL 2011, Ch. 715

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-712-0010

Polysomnography Approved Examinations

The Board has approved the following examinations for qualification as a licensed polysomnographic technologist:

(1) The RSPGT “registration examination” administered by the BRPT;

(2) The SDS examination administered by the NBRC; and

(3) The Oregon Laws and Rules examination for polysomnography administered by the Agency.

NOTE: An applicant is responsible for direct payment to the organization of all application, examination, national certification or other fees associated with the examination.

Stat. Auth.: ORS 676.607, 676.615, 688.830, OL 2011, Ch. 715

Stats. Implemented: ORS 676.606, 676.607, 676.612, 676.615, 676.625, 688.815 & 688.830, 688.834, 688.836, OL 2011, Ch. 715

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-712-0020

General Examination Information

(1) To be eligible for examination administered by the Agency, an applicant must meet identification requirements listed under OAR 331-030-0000.

(2) The examination is administered in English only, unless an Agency approved testing contractor or vendor provides the examination in languages other than English.

(3) Examination candidates may be electronically monitored during the course of testing.

(4) Examination candidates must adhere to the maximum time allowance for each section of the examination, as established by the Board.

(5) Notes, notetaking, textbooks, notebooks, electronic equipment and communication devices, such as personal computers, pagers and cellular telephones or any other devices deemed inappropriate by the Agency, are prohibited in the examination area.

(6) Candidate conduct that interferes with the examination may result in the candidate’s disqualification during or after the examination, the candidate’s examination being deemed invalid, and forfeiture of the candidate’s examination fees. Such conduct includes but is not limited to:

(a) Directly or indirectly giving, receiving, soliciting, attempting to give, receive or solicit aid during the examination process;

(b) Violations of subsections (1), (5), or (6) of this rule;

(d) Failing to follow directions relative to the conduct of the examination; and

(e) Exhibiting behavior that impedes the normal progress of the examination.

(7) If the candidate is disqualified from taking the examination or the candidate’s examination is deemed invalid for reasons under subsection (6) of this rule, the candidate may be required to reapply, submit additional examination fees, and request in writing to schedule a new examination date, before being considered for another examination opportunity.

Stat. Auth.: ORS 676.607, 676.615, 688.830, OL 2011, Ch. 715

Stats. Implemented: ORS 676.606, 676.607, 676.612, 676.615, 676.625, 688.815 & 688.830, 688.834, 688.836, OL 2011, Ch. 715

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-715-0010

License Renewal

(1) A licensee is subject to the provisions of OAR Chapter 331, division 30 regarding the renewal of a license, and provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license.

(2) License renewal under this rule is valid for one year.

(3) LICENSE RENEWAL: To avoid delinquency penalties, license renewal must be made prior to the license entering inactive status. The licensee must submit the following:

(a) Renewal application form;

(b) Payment of required renewal fee pursuant to OAR 331-705-0060;

(c) Attestation of having obtained required biannual continuing education under OAR 331-720-0010 or 331-720-0015, on a form prescribed by the Agency, whether license is current or inactive; and

(d) Information, on a form prescribed by the Agency, permitting the Agency to perform a state criminal background check pursuant to OAR 331-030-0004;

(4) INACTIVE LICENSE RENEWAL: A license may be inactive for up to three years. A licensee who is inactive is not authorized to practice. When renewing after entering inactive status, the licensee must submit the following:

(a) Renewal application form;

(b) Payment of delinquency and license fees pursuant to OAR 331-705-0060;

(c) Attestation of having obtained required biannual continuing education under OAR 331-720-0010 or 331-720-0015, on a form prescribed by the Agency, whether license is current or inactive;

(d) Information, on a form prescribed by the Agency, permitting the Agency to perform a state criminal background check pursuant to OAR 331-030-0004;

(5) EXPIRED LICENSE: A license that has been inactive for more than three years is expired and the licensee must reapply for licensure and meet the requirements listed in OAR 331-710-0010 or 331-710-0050.

(6) A licensee failing to meet continuing education requirements listed under OAR 331-720-0010 or 331-720-0015 is considered to have an expired license and must reapply and meet requirements pursuant to OAR 331-710-0010 or 331-710-0050.

Stat. Auth.: ORS 676.605, 676.615 & 688.830

Stats. Implemented: ORS 676.605, 676.615 & 688.830

Hist.: HDLB 1-1997(Temp), f. 12-19-97, cert. ef. 12-22-97 thru 6-19-98; HDLP 1-1998(Temp), f. & cert. ef. 3-20-98 thru 4-1-98; HDLP 2-1998, f. & cert. ef. 6-15-98; HLO 4-2004, f. 6-29-04, cert. ef. 7-1-04; HLO 10-2004(Temp), f. & cert. ef. 11-8-04 thru 3-31-05; HLO 1-2005, f. 2-28-05 cert. ef. 3-1-05; HLA 7-2010, f. & cert. ef. 11-1-10; HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-718-0000

Standards of Practice for Respiratory Care

(1) A licensee must comply with the prevailing community standards for professional conduct. The Board recognizes and adopts the American Association of Respiratory Care (AARC) Statement of Ethics and Professional Conduct effective March 2000 as its professional standards model. Documents are available on the AARC Website at http://www.aarc.org/.

(2) At minimum, licensees are subject to directives and policies established by the medical facilities, businesses or agencies by which they are employed or regulated.

(3) A licensee must comply with the following safety and infection control requirements:

(a) All devices or items that come into direct contact with a client must be cleaned, sanitized or disinfected according to the manufacturer’s instructions or Centers for Disease Control and Prevention (CDC) Standard Precautions;

(b) All items that come in direct contact with the client’s skin that do not require disinfecting must be clean;

(c) All items that come in direct contact with the client’s skin that cannot be cleaned or disinfected must be disposed of in a covered waste receptacle immediately after use;

(d) All disinfecting solutions and agents must be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times unless equipment is prepackaged and pre-sterilized;

(e) All high-level and low-level disinfecting agents must be EPA registered. High-level disinfectant means a chemical agent which has demonstrated tuberculocidal activity. Low-level disinfectant means a chemical agent which has demonstrated bactericidal, germicidal, fungicidal and limited virucidal activity;

(f) Before use, disposable prepackaged products and sterilized re-usable instruments must be stored in clean, sterilized containers that can be closed between treatments to maintain effective sterilization of the instrument until removed from the container.

(4) A licensee must observe and follow the Standard Precautions adopted by the CDC as defined in OAR 437 division 2, subdivision Z, and the CDC Standard Precautions for public service workers regarding personal protection equipment and disposal of blood or bodily fluid contaminated articles, tools and equipment when providing services to patients.

Stat. Auth.: ORS 676.607, 676.615, 688.830, OL 2011, Ch. 715

Stats. Implemented: ORS 676.606, 676.607, 676.612, 676.615, 676.625, 688.815 & 688.830, 688.834, 688.836, OL 2011, Ch. 715

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-718-0010

Pharmacological Agents for Respiratory Care

(1) A licensee administering intravenous narcotics, paralytics and opioids under ORS 688.800(3)(a) is prohibited from monitoring the patient and must have another qualified licensed individual present to monitor the patient throughout procedures with intravenous narcotics, paralytics and opioids.

(2) All policies, procedures and protocols for respiratory therapists related to administration of intravenous pharmacological agents must be made available to the Agency if requested.

Stat. Auth.: ORS 676.607, 676.615, 688.830, OL 2011, Ch. 715

Stats. Implemented: ORS 676.606, 676.607, 676.612, 676.615, 676.625, 688.815 & 688.830, 688.834, 688.836, OL 2011, Ch. 715

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-718-0020

Standards of Practice for Polysomnography

(1) A licensee must comply with the prevailing community standards for professional conduct. The Board recognizes and adopts the BRPT Standards of Conduct as its professional standards model. Documents are available on the BRPT Website at http://www.brpt.org.

(2) At minimum, licensees are subject to directives and policies established by the medical facilities, businesses or agencies by which they are employed or regulated.

(3) A licensee must comply with the following safety and infection control requirements:

(a) All devices or items that come into direct contact with a client must be cleaned or disinfected according to the manufacturer’s instructions or Centers for Disease Control and Prevention (CDC) Standard Precautions;

(b) All items that come in direct contact with the client’s skin that do not require disinfecting must be clean;

(c) All items that come in direct contact with the client’s skin that cannot be cleaned or disinfected must be disposed of in a covered waste receptacle immediately after use;

(f) Before use, disposable prepackaged products and sterilized re-usable instruments must be stored in clean containers that can be closed between use to maintain effective cleanliness until removed from the container.

(g) Masks must be disinfected before each use on a client by removing foreign and completely saturating the mask with a high level disinfectant solution, spray or foam used to manufacturer’s instructions.

Stat. Auth.: ORS 676.605, 676.615 & 688.830

Stats. Implemented: ORS 676.605, 676.615 & 688.830

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-720-0010

Continuing Education Requirements for Respiratory Care

(1) A licensee is required to complete 15 hours of Board approved continuing education every two years. At least two-thirds of the required continuing education hours must be related to clinical practice of respiratory care.

(2) To renew the license, evidence of required continuing education must be provided at the time of renewal by means of a prescribed self-attestation statement certifying participation in approved continuing education. To ensure that adequate proof of attainment of required continuing education is available for audit or investigation by the Agency, the licensee must maintain a record of attendance for two years following the two-year continuing education cycle and renewal of the license.

(3) Continuing education is acceptable if provided by:

(a) A medical organization or association accredited by the Oregon Medical Association, the Oregon Osteopathic Association, the American Medical Association Continuing Medical Education, the American Osteopathic Association, the American Nurses Association, the American Association for Respiratory Care, and its affiliates, to provide continuing education to physicians, nurses, or respiratory therapists;

(b) A hospital not accredited to provide continuing education but the continuing education provided meets the following requirements:

(A) The content of the course or program must be relevant to the scope of practice of respiratory care as defined in ORS 688.800(7);

(B) The faculty must be knowledgeable in the subject matter as evidenced by a degree from an accredited college or university and verifiable experience in the subject matter or teaching and clinical experience in the same or similar subject matter;

(D) The teaching methods must be described, e.g., lecture, seminar, audiovisual, simulation;

(E) Evaluation methods must document that the objectives have been met.

(c) An institution of higher education accredited by the Northwest Association of Secondary and Higher Schools or its successor, or the State Board of Higher Education, providing the course(s) meet the requirements of paragraph (a) of this subsection. Five hours of continuing education credit per course, and up to two-thirds of the continuing education requirement, can be obtained by successfully completing the course(s) with a grade “C” or above, or a “pass” for a pass/fail course;

(d) A respiratory care educational program accredited by the American Medical Association Committee on Allied Health Education and Accreditation in collaboration with the Committee On Accreditation for Respiratory Care, or its successor, or the Commission on Accreditation for Allied Health Education Programs offering an Associate Degree in Respiratory Care;

(e) The NBRC through passing the examination for initial certification as a RRT, or Perinatal/Pediatric Respiratory Care Specialist (PPRCS), or the NBRC through passing the re-credentialing examination for a CRT, RRT, or PPRCS. Fifteen hours of continuing education can be obtained by passing these certification and re-credentialing examinations;

(f) The NBRC through passing the examination for initial certification as a Certified Pulmonary Function Technician (CPFT), or Registered Pulmonary Function Technician (RFPT). Seven and one-half hours of continuing education can be obtained by passing these certification examinations;

(g) Publication in a peer reviewed journal as the author or co-author of a clinical paper or abstract. A total of five credit hours will be accepted per biennium for the publication of articles or abstracts in professional journals;

(h) An established and approved organization conducting humanitarian activities in another state or country, that is providing respiratory care services as defined in ORS 688.800(7) under its auspices. The organization and services are subject to Board approval on a case-by-case basis for continuing education credit.

(4) A licensee who instructs continuing education courses may obtain the same number of continuing education hours for each initial course taught during the two-year continuing education cycle, in which the course is initially presented, as granted to course participants.

(5) A licensee is awarded continuing education credit once for completion of the initial certification course for Cardiac Life Support (ACLS), Pediatric Advanced Life Support (PALS) courses, and Neonatal Resuscitation Program (NRP). Up to four hours of continuing education credit may be obtained for each re-certification in ACLS, PALS, or NRP courses.

(6) Continuing education credit will not be granted for completion of the Basic Life Support (BLS) course.

(7) A licensee who does not meet continuing education requirements must reapply and meet requirements for licensure according to OAR 331-710-0010 at the time of application.

Stat. Auth.: ORS 676.605, 676.615 & 688.830

Stats. Implemented: ORS 676.605, 676.615 & 688.830

331-720-0015

Continuing Education Requirements for Polysomnography

(1) A licensee is required to complete 15 hours of Board approved continuing education every two years, related to clinical practice of polysomnography.

(3) Continuing education is acceptable if provided by:

(a) A medical organization or association accredited by the Board of Registered Polysomnographic Technicians, Oregon Medical Association, the Oregon Osteopathic Association, the American Medical Association Continuing Medical Education, the American Osteopathic Association, the American Nurses Association, the American Association for Respiratory Care, American Association of Sleep Technologists and its affiliates, to provide continuing education to physicians, nurses, respiratory therapists or polysomnographic technologists and other organizations approved by the Agency;

(b) A hospital not accredited to provide continuing education but the continuing education provided meets the following requirements:

(A) The content of the course or program must be relevant to the scope of practice of polysomnography as defined in ORS 688.800(2);

(D) The teaching methods must be described, e.g., lecture, seminar, audiovisual, simulation;

(E) Evaluation methods must document that the objectives have been met.

(d) A polysomnography educational program accredited by the American Medical Association Committee on Allied Health Education and Accreditation in collaboration with the Committee On Accreditation for Respiratory Care, or its successor, or the Commission on Accreditation for Allied Health Education Programs offering an Associate Degree in Polysomnography;

(e) An established and approved organization conducting humanitarian activities in another state or country, that is providing polysomnography services as defined in ORS 688.800(2) under its auspices. The organization and services are subject to Board approval on a case-by-case basis for continuing education credit.

(5) Continuing education credit will not be granted for completion of the Basic Life Support (BLS) course.

(6) A licensee who does not meet continuing education requirements must reapply and meet requirements for licensure according to OAR 331-710-0050 at the time of application.

Stat. Auth.: ORS 676.605, 676.615 & 688.830

Stats. Implemented: ORS 676.605, 676.615 & 688.830

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

331-740-0000

Fees

(1) An applicant or licensee are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees, penalties and charges.

(2) Fees established by the Oregon Health Licensing Agency pursuant to ORS 676.607 are as follows:

(a) Application:

(A) License: $50.

(B) Temporary license: $50.

(b) Examination — Oregon laws & rules: $50.

(A) License: $50.

(B) Temporary license: $50.

(d) Renewals:

(A) Licenses: $50.

(B) Online license: $45

(e) Delinquent (late) renewal of license: $50 for each year in inactive status up to three years.

(f) Replacement of license, including name change: $25.

(g) Duplicate license document: $25 per copy with maximum of three.

(h) Affidavit of licensure for reciprocity: $50.

(i) Information packets: $10

(j) An additional $25 administrative processing fee will be assessed if a NSF or non-negotiable instrument is received for payment of fees, penalties and charges. Refer to OAR 331-010-0010.

Stat. Auth.: ORS 676.607, 676.615, 688.830, OL 2011, Ch. 715

Stats. Implemented: ORS 676.606, 676.607, 676.612, 676.615, 676.625, 688.815 & 688.830, 688.834, 688.836, OL 2011, Ch. 715

Hist.: HLA 15-2011, f. 12-30-11, cert. ef. 1-1-12

Rule Caption: Adopt education/training and application requirements for body art practitioners, and streamline rules for consistency.

Adm. Order No.: HLA 16-2011

Filed with Sec. of State: 12-30-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Adopted: 331-900-0000, 331-900-0005, 331-900-0010, 331-900-0015, 331-900-0020, 331-900-0025, 331-900-0030, 331-900-0035, 331-900-0040, 331-900-0045, 331-900-0050, 331-900-0055, 331-900-0060, 331-900-0065, 331-900-0070, 331-900-0075, 331-900-0080, 331-900-0085, 331-900-0090, 331-900-0095, 331-900-0100, 331-900-0105, 331-900-0110, 331-910-0000, 331-910-0005, 331-910-0010, 331-910-0015, 331-910-0020, 331-910-0025, 331-910-0030, 331-910-0035, 331-910-0040, 331-910-0045, 331-910-0050, 331-910-0055, 331-910-0060, 331-910-0065, 331-915-0000, 331-915-0005, 331-915-0010, 331-915-0015, 331-915-0020, 331-915-0025, 331-915-0030, 331-915-0035, 331-915-0040, 331-915-0045, 331-915-0050, 331-915-0055, 331-915-0060, 331-915-0065, 331-920-0000, 331-920-0005, 331-925-0000, 331-925-0005, 331-925-0010, 331-925-0015, 331-925-0020, 331-925-0025, 331-925-0030, 331-925-0035, 331-925-0040, 331-925-0045, 331-930-0000, 331-930-0005, 331-930-0010, 331-930-0015, 331-930-0025, 331-930-0020, 331-930-0030, 331-940-0000, 331-950-0010, 331-950-0020, 331-950-0030, 331-950-0040, 331-950-0050, 331-950-0060, 331-950-0070

Rules Repealed: 331-205-0020, 331-205-0030, 331-210-0000, 331-210-0010, 331-210-0020, 331-210-0021, 331-215-0000, 331-215-0010, 331-215-0020, 331-215-0030, 331-215-0040, 331-220-0000, 331-220-0010, 331-220-0020, 331-220-0030, 331-220-0040, 331-220-0050, 331-220-0060, 331-220-0080, 331-225-0000, 331-225-0020, 331-225-0030, 331-225-0040, 331-225-0050, 331-225-0060, 331-225-0070, 331-225-0080, 331-225-0090, 331-225-0100, 331-225-0110, 331-225-0120, 331-225-0130, 331-225-0140, 331-225-0150, 331-225-0160, 331-505-0000, 331-505-0010, 331-510-0000, 331-515-0000, 331-515-0010, 331-515-0020, 331-515-0030, 331-520-0000, 331-520-0010, 331-520-0030, 331-520-0040, 331-520-0070, 331-525-0000, 331-525-0020, 331-525-0035, 331-525-0038, 331-525-0040, 331-525-0055, 331-525-0060, 331-525-0065, 331-530-0000, 331-530-0020, 331-535-0000, 331-535-0010, 331-535-0020, 331-535-0030, 331-535-0040, 331-535-0050, 331-535-0060, 331-535-0070, 331-535-0080, 331-540-0000, 331-540-0010, 331-540-0020, 331-540-0030, 331-545-0000, 331-545-0020, 331-550-0000, 331-555-0010, 331-555-0030, 331-555-0040, 331-560-0000, 331-560-0010, 331-560-0020, 331-560-0030, 331-560-0040, 331-560-0060, 331-565-0000, 331-565-0020, 331-565-0025, 331-565-0030, 331-565-0040, 331-565-0050, 331-565-0060, 331-565-0080, 331-565-0085, 331-565-0090, 331-565-0095, 331-570-0000, 331-570-0020, 331-575-0000, 331-575-0010, 331-575-0020, 331-575-0030, 331-575-0040, 331-575-0050, 331-580-0000, 331-580-0010, 331-580-0020, 331-580-0030, 331-585-0000, 331-585-0010, 331-585-0020, 331-585-0030, 331-585-0040, 331-590-0000, 331-590-0020

Subject: During the 2011 Legislative Session the House Health Care Committee introduced House Bill 2013 which created a Board of Body Art Practitioners (Board) within the Oregon Health Licensing Agency (Agency), beginning January 1, 2012, and abolished the Advisory Council for Electrologists, Permanent Color Technicians and Tattoo Artists. The Board was created to advise the Agency with regard to the regulation of each field of practice i.e. body piercing, dermal implanting, electrology, scarification and tattooing including administrative rules.

Repeal administrative rules for the Advisory Council for Electrologists, Permanent Color Technicians and Tattoo Artists (Council) OAR Chapter 331, Division 500 through 590 and the Body Piercing Licensing Program (Program) OAR Chapter 331, Division 205 through 225 and merge the text into Chapter 331, Division 900 through 940 which relates specifically to the Board of Body Art Practitioners.

Adopt amend and repeal rules to align with current industry, Agency and statewide rulemaking standards and principles. Administrative rules have been streamlined to be consistent with statutory authority and Agency protocol.

Definitions Adopt definitions for each field of practice (with the exception of standard and specialty piercing) and standards which are relevant to body art. Define terms which are utilized within the rule for efficiency including defining specific types of piercing services including single point and earlobe.

Education & Training Adopt rules creating an approved education or training program for standard body piercing. Currently there is no Department of Education Private Career Schools licensed under ORS 345 in Oregon. A training program has been developed to include 1150 of combined theory and practical hours which include 400 various body piercing procedure. The training requires direct supervision of an Agency approved supervisor. The training program includes various health and piercing related topics within its curriculum (jewelry, applied sciences and standards.)

Education for electrology and tattooing has been streamlined to be consistent with statutory authority and Agency protocol.

Licensing Currently the Agency licenses earlobe piercers separate from body piercers; however HB 2013 does not delineate between these two practices. A temporary earlobe license has been created to permit an individual to perform earlobe piercing services only on a temporary basis for up to two years. Qualifications to become a temporary earlobe piercer include training in cardiopulmonary resuscitation, basic first aid and aftercare by an agency approved provider.

HB 2013 states that as of January 1, 2012, any individual practicing body piercing must hold a body piercing license unless they are a student under the direct supervision of a faculty of a school licensed under ORS 345. In order to allow training for body piercers to commence a ”standard body piercing trainee license” has been created to allow an individual who has met certain qualifications including completing blood borne pathogens, cardiopulmonary resuscitation and basic first aid by an Agency approved provider. A standard body piercing trainee license is valid for one year and may be renewed one time. A standard body piercing trainee must work under the direct supervision of an Agency approved supervisor which requires the supervisor to have a current standard body piercing license, five years experience and pass the Agency approved written and practical examination. Supervisors must adhere to supervising a one to one ratio per shift, notification of a supervisor change and documentation.

Administrative rules address application requirements to become a standard body piercer, including examination. An individual applying for licensure may qualify through one of the following pathways graduate from an Oregon licensing career school, qualification through temporary body piercing trainee license under the direct supervision of an Agency approved supervisor; or through reciprocity. To qualify for a standard body piercing license an individual must pass the Agency approved written and practical examination

Adopt temporary practitioner licenses for each field of practice to allow out-of-state individuals the opportunity to perform body art services on a limited basis in Oregon without first meeting the requirements of permanently licensed individuals in a field of practice, while ensuring public protection. Qualifications include attestation to six months experience and current blood borne pathogens training. Temporary practitioner licenses must work in a licensed facility.

Licensing requirements for electrology and tattooing has been streamlined to be consistent with statutory authority and Agency protocol.

Examinations Approved examinations for each fields of practice in each division including Agency administered practical examinations for standard body piercing. Set parameters for general examination including identification requirements and retake policy.

Renewal Amend rules to standardize renewal requirements for each field of practice and facility licensure renewal. Describe a license as active, inactive or expired and the process for renewal including continuing education requirements when applicable.

As of January 2012 body piercers who currently hold a body piercing license will be required to pass the Agency approved written and practical examinations before renewing their standard body piercing license. Current body piercers will be prohibited from practicing specialty level 1 and 2 piercings. Prohibited piercing services are testes, deep shaft (corpus cavernosa), uvula, eyelids and sub-clavicle.

Upon renewal of any electrology, body piercing or tattoo facility license issued before January 1, 2012, must meet application and qualification requirements for a “body art facility license.” Each facility is required to have one body art facility license the single field of practice facility licenses i.e. electrology, body piercing or tattoo facility license are being eliminated.

Rule changes include amending continuing education to 10 hours annually for each field of practice and auditing requirements in order to streamline with Agency protocols and documentation requirements. Also includes disciplinary authority for failing to meet continuing education requirements.

Revise renewal requirements related to notification of changes to business name or ABN for facility license holders.

Facility Licensing Align facility license application requirements for electrology, tattooing and body piercing which have been streamlined into a “body art facility license.” Align with Agency protocols including requiring a “natural person” be the owner of a facility. Other streamlining initiatives are age requirement and current registration of business name or Assumed Business Name (ABN) as filed with the Secretary of State, Corporations Division corporations. Allow all fields of practice to work under all body art facilities including temporary, mobile and event facilities.

Standards Merge standards for all licensees and facilities to one division, uniformly requiring the same safety and infection control standards for all fields of practice. New standards include specific hand washing and glove requirements and sterilization protocols. Client records have been standardized to include pertinent client information, signature from the client that all information has been provided including informed consent documents and aftercare information.

Civil Penalties Move civil penalties for each field of practice under one division and align statutory and administrative rule references.

Dermal Implanting and Scarification Dermal implanting and scarification are prohibited.

Informed Consent Require that each licensee provide a uniform document which provides procedures, risks and alternatives related to specific body piercings and general information related to all body piercings. The client is required to sign that they have been informed and agree to the procedure.

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

331-900-0000

Body Piercing Definitions

The following definitions apply to OAR chapter 331, division 900:

(1) “Affidavit of Licensure” has the meaning set forth in OAR 331-030-0040.

(2) “Agency” means the Oregon Health Licensing Agency.

(3) “APP” means Association of Professional Piercers.

(4) “Body piercing” has the definition set forth in ORS 690.350.

(5) “Earlobe piercing services” means services limited to the soft lower part of the external ear only, not to include cartilage.

(6) “Direct supervision” means the supervisor or instructor is present in the facility and actively involved in direct oversight and training of students.

(7) “Field of practice” has the definition set forth in ORS 690.350.

(8) “High-level disinfectant” means a chemical agent, registered with the EPA, which has demonstrated tuberculocidal activity.

(9) “Official transcript” means:

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

(11) “Single point piercing”, also referred to as an anchor or microdermal, means a single point perforation of any body part for the purpose of inserting an anchor with a step either protruding or flush with the skin;

(12) “Standard body piercing” includes all body piercings with the exception of specialty level one piercings and specialty level two piercings defined under 331-905-0000. Standard body piercing services does not include testes, deep shaft (corpus cavernosa), uvula, eyelids, or sub-clavicle piercings.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0005

Standard Body Piercing Education or Training

All education curriculum or training for standard body piercing must meet requirements set forth by the Oregon Health Licensing Agency prior to beginning training or education. The theory portion of the curriculum or training must be done prior to the practical portion of the curriculum or training.

(1) Standard body piercing career school course of study must include 1150 hours of theory and practical education. The education must include a minimum of 250 hours of theory instruction, 900 hours of practical experience and a minimum of 400 practical operations.

(2) The 400 practical operations required under (1) of this rule must include:

(a) 100 practical operations observed by the student;

(b) 100 practical operations in which the student participated; and

(3) The 250 hours of theory instruction required in (1) of this section must include the following:

(a) Anatomy, Physiology & Histology: 70 hours;

(b) Infection control: 50 hours;

(d) Equipment: 20 hours;

(e) Environment: 15 hours;

(f) Ethics and legalities: 15 hours;

(g) Emergencies: 5 hours;

(h) Client consultation: 30 hours.

(i) Oregon laws and rules: 20 hours; and

(j) Discretionary related to body piercing: 10 hours

(4) The 900 hours of practical experience required in (1) of this rule must include client consultation, cleaning, disinfection and sterilization.

(5) The 400 practical operations must include the content listed in section (4) of this rule and the standard body piercing procedures listed in subsections (a) through (q) below:

(a) Ear lobe: minimum of 10;

(b) Helix: minimum of 10;

(d) Industrial: minimum of 10;

(e) Rook: minimum of 10;

(f) Tragus: minimum of 10;

(g) Tongue: minimum of 10;

(h) Navel: minimum of 10;

(i) Male nipple: minimum of 10;

(j) Female nipple: minimum of 10;

(k) Eyebrow: minimum of 10;

(l) Upper Lip: minimum of 10;

(m) Lower Lip: minimum of 10;

(n) Septum: minimum of 10;

(o) Nostril: minimum of 10;

(p) Single point: minimum of 15;

(q) Additional standard body piercings of choice: minimum of 35 procedures.

(6) As part of the approved course of study, all hours of theory must be completed prior to practical work being performed.

(7) Education must be conducted by Department of Education, Private Career School licensed instructor who holds an active standard body piercing license.

(9) Supervised training requirements for standard body piercing trainees: Standard body piercing training program must include must include 1150 hours of theory and practical education. The training must include a minimum of 250 hours of theory instruction, 900 hours of practical experience and a minimum of 400 practical operations.

(10) The 400 practical operations required under (9) of this rule must include:

(a) 100 practical operations observed by the student;

(b) 100 practical operations in which the student participated; and

(11) The 250 hours of theory instruction required in (9) of this section must include the following:

(a) Anatomy, Physiology & Histology: 70 hours;

(b) Infection control: 50 hours;

(d) Equipment: 20 hours;

(e) Environment: 15 hours;

(f) Ethics and legalities: 15 hours;

(g) Emergencies: 5 hours;

(h) Client consultation: 30 hours.

(i) Oregon laws and rules: 20 hours; and

(j) Discretionary related to body piercing: 10 hours

(12) The 900 hours of practical experience required in (9) of this rule must include client consultation, cleaning, disinfection and sterilization.

(13) The 400 practical operations must include the content listed in section (12) of this rule and the standard body piercing procedures listed in subsections (a) through (q) below:

(a) Ear lobe: minimum of 10;

(b) Helix: minimum of 10;

(d) Industrial: minimum of 10;

(e) Rook: minimum of 10;

(f) Tragus: minimum of 10;

(g) Tongue: minimum of 10;

(h) Navel: minimum of 10;

(i) Male nipple: minimum of 10;

(j) Female nipple: minimum of 10;

(k) Eyebrow: minimum of 10;

(l) Upper Lip: minimum of 10;

(m) Lower Lip: minimum of 10;

(n) Septum: minimum of 10;

(o) Nostril: minimum of 10;

(p) Single point: minimum of 15;

(q) Additional standard body piercings of choice: minimum of 35 procedures.

(14) As part of the approved training, all hours of theory must be completed prior to practical work being performed.

(15) Training must be completed in no less than nine months from the date the Agency issues standard body piercing trainee license.

(16) A supervisor must provide direct supervision of practical training on a one-to-one trainee to trainer ratio when the trainee is working on the general public.

(17) Supervisors of a standard body piercing trainee must adhere to OAR 331-900-0050.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0010

Earlobe Piercing Temporary License

(1) An earlobe piercing temporary license is valid for one year, and may be renewed one time.

(2) An earlobe piercing temporary license may be issued to an individual for a total of two years, no additional applications or renewals will be accepted by the Agency.

(3) An earlobe piercing temporary license holder must adhere to all standards within OAR chapter 331, division 930.

(4) An earlobe piercing temporary license holder, licensed under ORS 690.365, may provide earlobe piercing services only.

(5) Upon renewal, individuals who held a technician registration for ear piercing prior to January 1, 2012, must apply for and meet the application requirements for an earlobe piercing temporary license or apply for and meet the application requirements for a standard body piercing license.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0015

Earlobe Piercing Temporary License Application Requirements

An individual applying for a Earlobe Piercing Temporary License must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(3) Submit proof of being 18 years of age. Documentation may include identification listed under OAR 331-030-0000;

(4) Submit proof of having a high school diploma or General Education Degree (GED);

(5) Submit proof of current blood borne pathogens training from an Agency approved provider;

(6) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(7) Pay examination fees;

(8) Submit passing score of Agency approved written examinations in accordance with OAR 331-900-0060(1) and (2) within two years from the date of application;

(9) Upon passage of all required examinations and before issuance of a license, the applicant must pay all license fees.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0020

Standard Body Piercing Trainee License

(1) A standard body piercing trainee license is valid for one year, and may be renewed one time.

(2) A standard body piercing trainee license holder, licensed under ORS 690.365, may provide standard piercing services under the direct supervision of an Agency approved supervisor pursuant OAR 331-900-0050 and OAR 331-900-0055.

(3) Supervisors of a standard body piercing trainee must adhere to OAR 331-900-0050.

(4) A standard body piercing trainee license holder must adhere to all standards within OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0025

Application Requirements for Standard Body Piercing Trainee License

An individual applying for a Standard Body Piercing Trainee License must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(3) Submit proof of being 18 years of age, documentation may include identification listed under OAR 331-030-0000;

(4) Submit proof of having a high school diploma or GED; and

(5) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(6) Submit proof of current blood borne pathogens training from an Agency approved provider; and

(7) Pay applicable licensing fees.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0030

Standard Body Piercing License

(1) A standard body piercing license holder, licensed under ORS 690.365, may perform standard body piercing services.

(2) A standard body piercing license is good for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) A standard body piercing license holder is prohibited from performing specialty level one services defined under OAR 331-905-0000 or specialty level two services defined under 331-905-0000.

(4) Body piercers licensed prior to January 1, 2012, are prohibited from performing specialty level one services defined under OAR 331-905-0000 or specialty level two services defined under 331-905-0000.

(5) Standard body piercing services does not include uvula, eyelids, or sub-clavicle piercings.

(6) A standard body piercing license holder must adhere to all standards within OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0035

Application Requirements for Standard Body Piercing License

(1) An individual applying for licensure to practice standard body piercing must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the Agency, which must

contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(d) Submit proof of current blood borne pathogens training from an Agency approved provider;

(e) Submit proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(f) Submit proof of having a high school diploma or GED;

(g) Provide documentation of completing a qualifying pathway.

(2) License Pathway 1 — Graduate from an Oregon Licensed Career School for Standard Body Piercing:

(a) Submit official transcript from a body piercing career school under ORS 345 and showing proof of completion of required standard body piercing curriculum as approved by the Agency under OAR 331-900-0005;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination in accordance with OAR 331-900-0060(3) within two years before the date of application;

(d) Submit a passing score of an Agency approved practical examination in accordance with OAR 331-900-0060(4) within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(3) License Pathway 2 — Qualification through Standard Body Piercing Trainee License:

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination for standard body piercing in accordance with OAR 331-900-0060(3) within two years before the date of application;

(d) Submit a passing score of an agency approved practical examination in accordance with OAR 331-900-0060(4) within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(4) License Pathway 3 — Reciprocity:

(a) Submit an affidavit of licensure pursuant to OAR 331-030-0040 demonstrating proof of current license as a body piercer, which is active with no current or pending disciplinary action. The licensing must be substantially equivalent to Oregon licensing requirements pursuant to ORS 690.365. The license must have been issued by a regulatory body of another state recognized by the Agency;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination in accordance with OAR 331-900-0060(3) within two years before the date of application;

(d) Submit a passing score of an Agency approved practical examination in accordance with OAR 331-900-0060(4) within two years before the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0040

Temporary Standard Body Piercing License

(1) A temporary standard body piercing license pursuant to ORS 690.365 is a temporary license to perform standard body piercing services on a limited basis, not to exceed 15 consecutive calendar days. A temporary standard body piercing license holder:

(a) May renew up to four times in a 12 month period from the date the Agency receives the initial application;

(b) Must submit all requests to renew on a form prescribed by the Agency. Request to renew must be received at least 15 days before standard body piercing services are provided unless otherwise approved by the Agency;

(c) Must submit notification of a change in work location on a form prescribed by the Agency at least 24 hours before services are performed; and

(d) Must work in a licensed facility.

(2) A temporary standard body piercing license holder may only perform standard body piercing services.

(3) A standard body piercing license holder must adhere to all standards within OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0045

Application Requirements for Temporary Standard Body Piercing License

An individual applying for a Temporary Standard Body Piercing License must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(3) Submit proof of being 18 years of age. Documentation may include identification listed under OAR 331-030-0000;

(4) Submit proof of having a high school diploma or General Education Degree (GED);

(5) Submit proof of current blood borne pathogens training from an Agency approved provider;

(6) Attest to six months of training or experience, within the last two years, performing standard body piercing services on a form prescribed by the Agency; or

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

(8) Applications must be received at least 15 days before standard body piercing services are provided.

(9) For the purpose of this rule training or experience includes attendance or participation at an instructional program presented, recognized, or under the sponsorship of any permanently organized institution, agency, or professional organization or association recognized by the Agency.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0050

Standard Body Piercing Supervisor

(1) An approved supervisor may supervise one standard body piercing trainee per shift.

(2) An approved supervisor must exercise management, guidance, and control over the activities of the standard body piercing trainee and must exercise professional judgment and be responsible for all matters relative to the standard body piercing.

(3) Supervisors must document work done by the standard body piercing trainee on a form prescribed by the Agency.

(4) An approved supervisor must notify the Agency in writing within five calendar days if a standard body piercing trainee is no longer being supervised, and must provide the number of hours of training completed on a form prescribed by the Agency.

(5) Not withstanding any other disciplinary actions, an approved supervisor’s authorization to supervise may be withdrawn by the Agency for providing incomplete or inadequate training or falsifying documentation.

(6) Supervisors must provide direct supervision to standard body piercing trainees.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0055

Requirements for Standard Body Piercing Supervisor

To be an approved supervisor for a standard body piercing trainee an individual must:

(1) Submit a completed form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000;

(2) Hold an active, body piercing license issued prior to January 1, 2012 or a standard body piercing license issued after January 1, 2012, with no current or pending disciplinary action;

(3) Submit proof of having been actively practicing any combination of body piercing experience prior to January 1, 2012, or standard body piercing experience after January 1, 2012, for at least five years prior to submitting application on a form prescribed by the Agency;

(4) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Agency approved provider;

(5) Submit proof of current blood borne pathogens training from an Agency approved provider; and

(6) Have passed an Agency approved written and practical examination for standard body piercing in accordance with OAR 331-900-0060(3) and (4).

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0060

Approved Body Piercing Examinations

The Agency has approved the following examinations for body piercing:

(1) Oregon client care written examination;

(2) Oregon safety, sanitation and infection control written examination;

(3) Oregon standard body piercing written examination;

(4) Oregon standard body piercing practical examination;

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0065

General Body Piercing Examination Information

(1) To be eligible for examination, an applicant must meet identification requirements listed under OAR 331-030-0000.

(2) The examination is administered in English only, unless an agency approved testing contractor or vendor provides the examination in languages other than English.

(3) Examination candidates may be electronically monitored during the course of testing.

(4) Examination candidates must adhere to the maximum time allowance for each section of the examination, as established by the Agency.

(5) Taking notes, textbooks or notebooks into the examination area is prohibited.

(6) Electronic equipment and communication devices, such as personal computers, pagers and cellular telephones or any other devices deemed inappropriate by the agency, are prohibited in the examination area.

(7) Candidate conduct that interferes with the examination may result in the candidate’s disqualification during or after the examination, the candidate’s examination being deemed invalid, and forfeiture of the candidate’s examination fees. Such conduct includes but is not limited to:

(a) Directly or indirectly giving, receiving, soliciting, and attempting to give, receive or solicit aid during the examination process;

(b) Violations of subsections (6), (7), or (8) of this rule;

(d) Failing to follow directions relative to the conduct of the examination; and

(e) Exhibiting behavior that impedes the normal progress of the examination.

(8) If the candidate is disqualified from taking the examination or the candidate’s examination is deemed invalid for reasons under subsection (7) of this rule, the candidate may be required to reapply, submit additional examination fees, and request in writing to schedule a new examination date, before being considered for another examination opportunity.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0070

Written Examination Retake Requirements

(1) Notwithstanding OAR 331-900-0060(1)(a) failed sections of a written or practical examination may be retaken as follows:

(a) After first failed attempt — applicant may not retake for seven calendar days;

(b) After second failed attempt — applicant may not retake for seven calendar days;

(c) After third failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit one of the following:

(A) An official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-900-0005 from a career school licensed under 345 on a form prescribed by the agency; or

(B) Documentation from an Agency approved supervisor certifying completion of an additional 100 hours of training in theory, focused on the approved curriculum outlined in OAR 331-900-0005 on a form prescribed by the Agency.

(d) After fourth failed attempt — applicant may not retake for seven calendar days;

(e) After fifth failed attempt — applicant may not retake for seven calendar days;

(f) After sixth failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit one of the following:

(g) After seventh failed attempt — ability to retake, requirements for retake, or both will be determined by the Agency on a case-by-case basis.

(2) Applicants retaking the examination must meet the requirements under OAR 331-030-0000.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0075

Practical Examination Retake Requirements

(1) Failed practical examinations may be retaken at a date and time determined by the Agency. Applicants retaking a failed practical must notify the Agency within 30 days before the next scheduled examination date and pay all examination fees

(2) Applicants who fail to pass the practical examination for standard body piercing after three attempts (initial examination plus two retakes) may not retake an examination for 30 calendar days, must pay all additional fees and must submit one of the following:

(a) An official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-900-0005 from a career school licensed under 345 on a form prescribed by the Agency; or

(b) Documentation from an Agency approved supervisor certifying completion of an additional 100 hours of training in theory, focused on the approved curriculum outlined in OAR 331-900-0005 on a form prescribed by the Agency.

(3) After the fourth failed attempt — ability to retake, requirements for retake, or both will be determined by the Agency on a case-by-case basis.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0080

Renewal of a Standard Body Piercing License

(1) A licensee is subject to the provisions of OAR chapter 331, division 30 regarding the renewal of a license and provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license.

(2) LICENSE RENEWAL: To avoid delinquency penalties, a standard body piercing license renewal must be made prior to the license entering inactive status. The licensee must submit the following:

(a) Renewal application form;

(b) Payment of required renewal fee pursuant to 331-940-0000;

(c) Attestation of having obtained required annual continuing education under OAR 331-900-0085, on a form prescribed by the agency. Continuing education is required whether the license is current or inactive;

(d) Attestation of current certification in cardiopulmonary resuscitation from an Agency approved provider;

(e) Attestation of current first aid training by an Agency approved provider; and

(f) Attestation of current certification in blood borne pathogens training from an Agency approved provider.

(3) INACTIVE LICENSE RENEWAL: A standard body piercing license may be inactive for up to three years. If a license is inactive the licensee is not authorized to practice. When renewing a license after entering inactive status, the licensee holder must submit the following:

(a) Renewal application form;

(b) Payment of delinquency and license fees pursuant to OAR 331-940-0000;

(c) Attestation of having obtained required annual continuing education under OAR 331-900-0090 on a form prescribed by the Agency. Continuing education is required whether the license is current or inactive;

(d) Attestation of current certification in cardiopulmonary resuscitation from an Agency approved provider;

(e) Attestation of current first aid training by an Agency approved provider; and

(f) Attestation of current certification in blood borne pathogens training from an Agency approved provider.

(4) EXPIRED LICENSE: A standard body piercing license that has been inactive for more than three years is expired and the license holder must reapply and meet the requirements listed in OAR 331-900-0035.

(5) LICENSE RENEWAL — STANDARD BODY PIERCERS LICENSED PRIOR TO JANUARY 1, 2012. In addition to other requirements of this rule, for the first license renewal after the effective date of this rule, an individual originally licensed prior to January 1, 2012 to practice body piercing, including earlobe piercing technician registrations, must:

(a) Submit passing score of an agency approved written examination in accordance with OAR 331-900-0060(1)(c);

(b) Submit passing score of an Agency approved practical examination in accordance with OAR 331-900-0060(1)(d);

(c) Licensed standard body piercers are only required to pass the Board approved written and practical examination one time unless the license becomes expired.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0085

Continuing Education for Standard Body Piercing License

A standard body piercing license holder must comply with the following continuing education requirements:

(1) Complete 10 clock hours of satisfactory continuing education, either as one unit or combination of units, every year.

(2) Satisfactory continuing education courses must fit into the approved course of study outlined in OAR 331-900-0005, and must be obtained as follows:

(a) Five hours must involve 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; and

(b) Five hours may be self-study which may include the following:

(A) Correspondence courses including online courses;

(B) Review of publications, textbooks, printed material, or audio cassette(s);

(3) A licensee must report compliance with the continuing education requirement through attestation on the license renewal document. Licensees will be subject to the provisions of OAR 331-900-0090 pertaining to periodic audit of continuing education.

(4) Hours of continuing education, in excess of the requirement for renewal will not be carried forward.

(5) Continuing education requirements must be met every year, even if the license is inactive or suspended.

(6) A licensee must maintain proof of continuing education for five years following the date of the continuing education hours obtained, for auditing purposes.

(7) Licensees failing to obtain 10 clock hours of continuing education annually must reapply and qualify according to the requirements of OAR 331-900-0045.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0090

Continuing Education: Audit, Required Documentation and Sanctions

(1) The Agency 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 331-900-0085.

(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;

(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 331-900-0005, 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 constitutes 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 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0095

Earlobe Piercing Standards and Prohibitions

(1) A temporary earlobe piercing license holder must:

(a) Use an earlobe piercing system that pierces an individual’s earlobe by use of a sterile, encapsulated single-use stud with clasp.

(b) Use an earlobe piercing system made of non absorbent or non porous material which can be cleaned and disinfected according to manufacturer’s instructions.

(d) Store new or sterilized ear piercing systems separately from used or soiled instruments.

(e) Sterilize all parts of the piercing gun must with a high-level disinfectant which is a chemical agent, registered with the United States Environmental Protection Agency, to be effective against mycobacterium tuberculosis.

(2) A temporary earlobe piercer may only pierce with an earlobe piercing system; use of a needle is prohibited.

(3) Earlobe piercing system may only be used to pierce the earlobe. Use of an earlobe piercing system on other parts of the body or ear is prohibited.

(4) Piercing with a manual loaded spring operated ear piercing system is prohibited.

(5) Piercing the earlobe with any type of piercing gun which does not use the pre-sterilized encapsulated stud and clasp system is prohibited.

NOTE: A list of appropriate United States Environmental Protection Agency registered sterilizers, disinfectants and sanitizers is available at http://www.epa.gov/oppad001/chemregindex.htm

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0100

Standard Body Piercing Practice Standards and Prohibitions

(1) Piercing is prohibited:

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

(b) On a person who shows signs of recent intravenous drug use;

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

(d) On a person under 18 years of age unless the requirements of OAR 331-930-0025 are met.

(e) On the genital or nipple of a person under the age of 18 regardless of parental consent.

(f) On testes, deep shaft (corpus cavernosa), uvula, eyelids and sub-clavicle.

(2) Use of piercing guns is limited to piercing of the earlobe exclusively. No other part of the body or ear shall be pierced by use of a piercing gun.

(3) Piercing with a manual loaded spring operated piercing gun is prohibited.

(4) Piercing the earlobe with any type of piercing gun which does not use a pre-sterilized encapsulated stud and clasp system is prohibited.

(5) The Agency adopts the Association of Professional Piercers 2005 Procedure Manual by reference which must be used by licensees as a standard of care for body piercing best practices. The procedure manual can be located at http://www.safepiercing.org/publications/procedure-manual/.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0105

Initial Jewelry for Standard Body Piercing

(1) For initial piercings the Agency has adopted the Association of Professional Piercers Jewelry Standards for Initial Piercings. All standard body piercers must meet the following jewelry grade standards for initial piercings:

(a) Surgical steel that is ASTM F-138 compliant or ISO 5832-1 compliant, ISO 10993-(6,10 or 11) compliant, or ECC (European Economic Community) Nickel Directive compliant;

(b) Implant certified titanium (Ti6Al4V ELI) that is ASTM F-136 compliant or ISO 5832-3 compliant, or commercially pure titanium that is ASTM F-67 compliant;

(d) White or yellow gold that is 14k or higher, nickel-free, and solid (no gold plated, gold-filled, or gold overlay/vermeil);

(e) Platinum;

(f) Biocompatible polymers (plastics) including Tygon Medical Surgical Tubing 5-50HL or 5-54HL, PTFE (Teflon), Bioplast™ or any new polymer products that are USP VI compliant;

(g) Glass — Fused quartz glass, lead-free borosilicate, or lead-free soda-lime glass;

(h) Any other material that the APP determines to be appropriate for use in an initial piercing;

(i) Threaded jewelry must be internally threaded and all surfaces and ends must be free of nicks, scratches, burrs and polishing compounds.

(2) A licensee must have on the facility premises a “Mill Test Certificate” that provides evidence of a specific grade of metal with a code designation from the International Society for Testing and Materials Standard or the International Organization for Standardization.

(3) Jewelry used during earlobe piercing services defined under OAR 331-900-0000 for an initial earlobe piercing is not required to meet the jewelry grade standards of this rule.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-900-0110

Informed Consent for Certain Body Piercing Procedures

(1) A standard body piercer must provide information prescribed by the Agency to the client, regarding the following procedures:

(a) Nape piercing;

(b) Single point piercing; and

(2) Informed consent documents for certain body piercing procedures is published on the Agency’s website at http://www.oregon.gov/
OHLA/BAP/forms.shtml.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0000

Definitions

The following definitions apply to OAR chapter 331, division 910:

(1) “Affidavit of Licensure” has the meaning set forth in OAR 331-030-0040.

(2) “Agency” means the Oregon Health Licensing Agency.

(3) “Direct supervision” means the supervisor or instructor is present in the facility and actively involved in direct oversight and training of students.

(4) “Field of practice” has the definition set forth in ORS 690.350.

(5) “Official transcript” means:

(a) An original document authorized by the appropriate office in the Oregon Department of Education and certified by a career school licensed under ORS 345 indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, enrollment information and a signature by an authorized representative on file with the Agency. Original documents must be submitted directly to the Agency from the educational institution by United States Postal Service mail or other recognized mail service providers in a sealed envelope; or

(b) A document authorized by the appropriate office in the Oregon Department of Education and certified by career school licensed under ORS 345 indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, enrollment information and a signature by an authorized representative on file with the Agency. Non-original documents shall only be accepted when, and in the manner, approved by the Agency

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

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0005

Approved Course of Study for Electrology

To be approved by the agency, a course of study must include, at least 600 hours of training instruction. The course must include at least 235 hours of theory and at least 365 hours of practical experience in the following areas:

(1) Laws and rules: 15 hours of training in theory.

(2) Bacteriology: 20 hours of training in theory.

(3) Infection control and sterilization: 20 hours of training in theory and 15 hours of practical training.

(4) Anatomy and physiology: 20 hours of training in theory.

(5) Endocrinology: 20 hours of training in theory.

(6) Structure, dynamics and diseases of skin and hair: 30 hours of training in theory.

(7) Circulatory and nervous system: 20 hours of training in theory.

(8) Electricity: 15 hours of training in theory.

(9) Electrolysis (galvanic): 20 hours of training in theory and 115 hours of practical training.

(10) Thermolysis: 20 hours of training in theory and 115 hours of practical training.

(11) Combinations of electrolysis and thermolysis (blend): 20 hours of training in theory and 110 hours of practical training.

(12) Draping and positioning: 5 hours of training in theory and 5 hours of practical training.

(13) Professional ethics and business practices: 10 hours of training in theory and 5 hours of practical training.

(14) 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.

(15) Training must be conducted by an Oregon licensed electrologist registered as a teacher by the Department of Education, Private Career Schools.

(16) A registered teacher must provide direct supervision of practical training on a one-to-one student/teacher ratio for students performing practical training while the student is working on the general public.

(17) For the purpose of this rule direct supervision means the teacher is present and actively involved in direct oversight and training of students.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0010

Electrology Temporary License

(1) An electrology temporary license pursuant to ORS 690.365 is a temporary license to perform electrology services on a limited basis, not to exceed 15 consecutive calendar days. A electrology temporary license holder;

(a) May renew up to four times in a 12 month period from the date the Agency receives the initial application.

(b) Must submit all requests to renew on a form prescribed by the Agency and received 15 days before electrology services are provided unless otherwise approved by the Agency.

(c) Must submit notification of a change in work location at least 24 hours before services are performed on a form prescribed by the Agency; and

(d) Must work in a licensed facility.

(2) An electrology license holder must adhere to all standards within OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0015

Application Requirements for Electrology Temporary License

An individual applying for a Electrology Temporary License must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(3) Submit proof of being 18 years of age. Documentation may include identification listed under OAR 331-030-0000;

(4) Submit proof of having a high school diploma or General Education Degree (GED);

(5) Submit proof of current training in blood-borne pathogens; and

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

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

(8) Applications must be received 15 days before standard body piercing services are provided.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0020

Electrology License

(1) An electrologist, licensed under ORS 690.365, may perform electrology services.

(2) An electrologist license is good for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) An electrology license holder must adhere to all standards within OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0025

Application Requirements for Electrology License

(1) An electrologist, licensed under ORS 690.365, may perform electrology services. An electrologist license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance.

(2) An electrology license holder must adhere to all standards within OAR chapter 331, division 930.

(3) An individual applying for licensure to practice electrology must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(c) Submit documentation showing proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(d) Submit proof of having a high school diploma or general education degree (GED) equivalent.

(e) Provide documentation of completing a qualifying pathway.

(4) License Pathway 1 — Graduate from a Licensed Electrology School:

(a) Submit official transcript from a licensed electrology school showing proof of completion of required electrology curriculum as determined by the agency under OAR 331-910-0005;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination in accordance with OAR 331-910-0030(1) within two years from the date of application;

(d) Submit passing score of an Agency approved practical examination in accordance with OAR 331-910-0030(2) within two years from the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

(4) An applicant is not required to provide proof of official transcripts in a field of practice if the applicant was previously licensed as an electrologist in Oregon.

(6) License Pathway 2 — Reciprocity:

(a) Submit an affidavit of licensure pursuant to OAR 331-030-0040 demonstrating proof of current license, which is active with no current or pending disciplinary action, as an electrologist.The license must have been issued by a regulatory body of another state or a national association recognized by the agency;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination in accordance with OAR 331-910-0030(1) within two years from the date of application;

(d) Submit passing score of an Agency approved practical examination in accordance with OAR 331-910-0030(2) within two years from the date of application; and

(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0030

Approved Examination for Electrology

The Agency has selected the following examinations for electrology:

(1) Written examination for electrology; and

(2) Oregon electrology practical examination.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0035

General Examination Information

(1) To be eligible for examination, an applicant must meet identification requirements listed under OAR 331-030-0000.

(2) The examination is administered in English only, unless an Agency approved testing contractor or vendor provides the examination in languages other than English.

(3) Examination candidates may be electronically monitored during the course of testing.

(4) Examination candidates must adhere to the maximum time allowance for each section of the examination, as established by the Agency.

(5) Notes, note taking, textbooks, notebooks, electronic equipment and communication devices, such as personal computers, pagers and cellular telephones or any other devices deemed inappropriate by the agency, are prohibited in the examination area.

(6) Taking notes, textbooks or notebooks into the written examination area is prohibited.

(7) Electronic equipment and communication devices, such as personal computers, pagers and cellular telephones or any other devices deemed inappropriate by the agency, are prohibited in the written examination area.

(8) Candidate conduct that interferes with the examination may result in the candidate’s disqualification during or after the examination, the candidate’s examination being deemed invalid, and forfeiture of the candidate’s examination fees. Such conduct includes but is not limited to:

(a) Directly or indirectly giving, receiving, soliciting, and attempting to give, receive or solicit aid during the examination process;

(b) Violations of subsections (6), (7), or (8) of this rule;

(d) Failing to follow directions relative to the conduct of the examination; and

(e) Exhibiting behavior that impedes the normal progress of the examination.

(9) If the candidate is disqualified from taking the examination or the candidate’s examination is deemed invalid for reasons under subsection (8) of this rule, the candidate may be required to reapply, submit additional examination fees, and request in writing to schedule a new examination date, before being considered for another examination opportunity.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0040

Written Examination Retake Requirements

(1) Failed sections of a written or examination may be retaken as follows:

(a) After first failed attempt — applicant may not retake for seven calendar days;

(b) After second failed attempt — applicant may not retake for seven calendar days;

(c) After third failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit one of the following: An official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-910-0005 from a career school licensed under 345 on a form prescribed by the Agency;

(d) After fourth failed attempt — applicant may not retake for seven calendar days;

(e) After fifth failed attempt — applicant may not retake for seven calendar days;

(f) After sixth failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit one of the following: An official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-910-0005 from a career school licensed under 345 on a form prescribed by the agency;

(g) After seventh failed attempt — ability to retake, requirements for retake, or both will be determined by the Agency on a case-by-case basis.

(2) Applicants retaking the examination must meet the requirements under OAR 331-030-0000.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0045

Practical Examination Retake Requirements

(2) Applicants who fail to pass the practical examination for electrology after three attempts (initial examination plus two retakes):

(a) Must wait 30 calendar days to retake the practical examination;

(b) Must pay all additional fees;

(c) Must submit an official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-910-0005 from a career school licensed under 345 on a form prescribed by the agency;

(3) After third failed attempt — ability to retake, requirements for retake, or both will be determined by the Agency on a case-by-case basis.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0050

Renewal of Electrology License

(2) Electrology renewal under this rule is valid for one year.

(3) LICENSE RENEWAL: To avoid delinquency penalties, an electrology license renewal must be made prior to the license entering inactive status. The licensee must submit the following:

(a) Renewal application form;

(b) Payment of required renewal fee pursuant to 331-940-0000;

(c) Attestation of having obtained required annual continuing education under OAR 331-910-0055, on a form prescribed by the agency. Continuing education is required whether the license is current or inactive;

(4) INACTIVE LICENSE RENEWAL: An electrology license may be inactive for up to three years. A licensee who is inactive is not authorized to practice. When renewing after entering inactive status, the licensee holder must submit the following:

(a) Renewal application form;

(b) Payment of delinquency and license fees pursuant to OAR 331-940-0000;

(5) EXPIRED LICENSE: An electrology license that has been inactive for more than three years is expired and the license holder must reapply and meet the requirements listed in OAR 331-910-0025.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0055

Continuing Education for Electrology License

A licensed electrologist must comply with the following continuing education requirements:

(1) Complete 10 clock hours of satisfactory continuing education courses either as one unit or combination of units, every year.

(2) Satisfactory continuing education courses must fit into the approved course of study outlined in OAR 331-910-0005, and must be obtained as follows:

(b) Five hours may be self-study which may include the following:

(A) Correspondence courses including online courses;

(B) Review of publications, textbooks, printed material, or audio cassette(s);

(3) A licensee must report compliance with the continuing education requirement through attestation on the license renewal document. Licensees will be subject to the provisions of OAR 331-910-0060 pertaining to periodic audit of continuing education.

(4) Hours of continuing education, in excess of the requirement for renewal every two years, will not be carried forward.

(5) Continuing education is required for renewal, every year, even if the license has been inactive or suspended.

(6) A licensee must maintain proof of continuing education for five years following the date of the continuing education hours obtained, for auditing purposes.

(7) Licensees failing to obtain 10 clock hours of continuing education annually must reapply and qualify according to the requirements of OAR 331-910-0025.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0060

Continuing Education: Audit, Required Documentation and Sanctions

(1) The Oregon Health Licensing Agency 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 331-910-0055.

(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;

(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 completion of continuing education through self-study, must show a direct relation to the subjects outlined in OAR 331-910-0005, 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 audio-recorded material, 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.

(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 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-910-0065

Electrology Practice Standards and Prohibitions

(1) Electrologists may provide clients with written information on electrolysis procedures, the purpose for asking specific questions regarding the client’s general health, and that any recommendation for medical attention is not to be construed as a medical referral or diagnosis of a physical disease or ailment.

(2) Electrologists are prohibited from performing services on treatment areas with high propensity towards bacterial colonization, such as nostrils and ear canals.

(3) Electrologists must first obtain written authorization from a physician when any of the following exists:

(a) Request for hair removal from moles or birthmarks;

(b) Removal of eyelashes; or

(4) Notwithstanding OAR 331-930-0015(2)(f) electrologists may use towels and linens when providing electrology services. When using towels and linens the following standards must be met:

(a) Clean linens must be used for each client;

(b) Use of a common towel is prohibited;

(d) Used linens must be disposed of or stored in a closed or covered container until laundered; and

(e) Used linens must 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 and rinse cycle.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-915-0000

Tattoo Definitions

The following definitions apply to OAR chapter 331, division 915:

(1) “Affidavit of Licensure” has the meaning set forth in OAR 331-030-0040.

(2) “Agency” means the Oregon Health Licensing Agency.

(3) “Direct supervision” means the supervisor or instructor is present in the facility and actively involved in direct oversight and training of students.

(4) “Field of practice” has the definition set forth in ORS 690.350.

(5) “Official transcript” means:

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

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-915-0005

Approved Course of Study for Tattooing

(1) To be approved by the Oregon Health Licensing Agency, a course of study must include at least 360 hours of instruction. The course must include at least 210 hours of theory and at least 150 hours of practical work.

(2) For the purposes of determining qualification for licensure, practical work must include a minimum of 50 completed procedures. “Completed procedure” means a tattoo which has been finished on a live human being, including any touchups or additional work following initial healing, and the client is released from service.

(3) All practical applications performed during training in the subject areas listed in subsection (4) of this rule are counted toward meeting the minimum 150 hours of practical tattooing experience.

(4) A course of study must include, but is not limited to, the following areas:

(a) Needles and needle bars — metal or plastic device used to attach the needle to a tattoo machine: 20 hours of theory;

(b) Tattoo machines and equivalent equipment: 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.

(5) 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.

(6) Training must be conducted by an Oregon licensed tattoo artist registered as a teacher by the Department of Education, Private Career Schools.

(7) A registered teacher must provide direct supervision of practical training on a one-to-one student/teacher ratio for students performing practical training while the student is working on the general public.

(8) For the purpose of this rule direct supervision means the teacher is present and actively involved in direct oversight and training of students.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-915-0010

Tattoo License

(1) A tattoo artist licensed under ORS 690.365 may perform tattooing services.

(2) A tattoo license is good for one year and becomes inactive on the last day of the month one year from the date of issuance.

(3) A tattoo license holder must adhere to all standards within OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-915-0015

Application Requirements for Tattoo License

(1) An individual applying for licensure to practice standard body piercing must:

(a) Meet the requirements of OAR 331 division 30;

(b) Submit a completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(d) Submit documentation having completed cardiopulmonary resuscitation and basic first aid training from an agency approved provider;

(e) Submit documentation showing proof of being 18 years of age documentation may include identification listed under OAR 331-030-0000.

(f) Submit proof of having a high school diploma or General Education Degree (GED);

(g) Provide documentation of completing a qualifying pathway.

(3) License Pathway 1 — Graduate from an Oregon Licensed Career School for Tattooing:

(a) Submit official transcript from a tattooing career school under ORS 345, and approved by the Agency showing proof of completion of required tattooing curriculum as determined by the agency under OAR 331-915-0005;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination in accordance with OAR 331-915-0030(1) within two years from the date of application;

(d) Submit passing score of an Agency approved practical examination in accordance with OAR 331-915-0030(2) within two years from the date of application;

(e) Upon passage of all required examinations and before issuance of registration, applicant must pay all registration fees.

(4) License Pathway 2 — Reciprocity:

(a) Submit an affidavit of licensure pursuant to OAR 331-030-0040 demonstrating proof of current license, which is active with no current or pending disciplinary action, as a tattoo artist. The license must have been issued by a regulatory body of another state or a national association recognized by the agency;

(b) Pay examination fees;

(c) Submit passing score of an Agency approved written examination in accordance with OAR 331-915-0030(1) within two years from the date of application; and

(d) Upon passage of all required examinations and before issuance of a license, applicant must pay all license fees.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-915-0020

Temporary Tattoo License

(1) A temporary tattoo license pursuant to ORS 690.365 is a temporary license to perform tattooing services on a limited basis, not to exceed 15 consecutive calendar days. A temporary standard body piercing license holder;

(a) May renew up to four times in a 12 month period from the date the Agency receives the initial application.

(b) Must submit all requests to renew on a form prescribed by the Agency. Request must be received at least 15 days before standard body piercing services are provided unless otherwise approved by the Agency.

(c) Must submit notification of a change in work location at least 24 hours before services are performed on a form prescribed by the Agency;

(d) Must work in a licensed facility.

(2) A tattoo license holder must adhere to all standards within OAR chapter 331, division 930.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-915-0025

Application Requirements for Temporary Tattoo License

An individual applying for a Temporary Tattoo License must:

(1) Meet the requirements of OAR 331 division 30;

(2) Submit a completed application form prescribed by the Agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees;

(3) Submit proof of being 18 years of age. Documentation may include identification listed under OAR 331-030-0000;

(4) Submit proof of having a high school diploma or General Education Degree (GED);

(5) Submit proof of current training in blood-borne pathogens; and

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

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

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

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-915-0030

Approved Examination for Tattoo

The Agency has approved the following examinations for tattooing:

(1) Oregon written examination; and

(2) Oregon practical skills assessment examination.

Stat. Auth: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415

Stats. Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415 & 2011 OL Ch. 346 § 22 & 35

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12

331-915-0035

General Tattooing Examination Information