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Oregon Bulletin

May 1, 2011

Oregon Health Licensing Agency
Chapter 331

  • Rule Caption: Investigatory appearances before the agency and active military status protocols for authorization holders.
  • Adm. Order No.: HLA 2-2011(Temp)
  • Filed with Sec. of State: 3-17-2011
  • Certified to be Effective: 3-17-11 thru 8-28-11
  • Notice Publication Date:
  • Rules Adopted: 331-010-0050
  • Rules Amended: 331-020-0040
  • Rules Suspended: 331-010-0050(T), 331-020-0040(T)
  • Subject: The purpose of this temporary rule is to clarify what constitutes an appearance before the agency during investigations of alleged violations of statutes or rules under the authority of the agency, its boards or councils.
  •       The purpose of this temporary rule is to allow authorization holders in active military status waiver of renewal, fees and continuing education requirements, as well as protocols for restoration of former authorization status.
  • Rules Coordinator: Samantha Patnode—(503) 373-1917
  •  
  • 331-010-0050
  • Authorization Holders; Military Leave
  • (1) A practitioner authorized to practice under a program listed in ORS 676.606 is not required to renew the authorization or pay renewal fees while in active military service unless required by the authorization holders branch of the military.
  • (2) To be restored to former authorization status the authorization holder must notify the agency in writing within 60 days of being honorably discharged.
  • (3) No fees will be due until the following renewal period.
  • (4) Requirements for completing continuing education hours during an authorization holder’s active duty period shall be evaluated on a case by case basis.
  • Stat. Auth.: ORS 676.615
  • Stats. Implemented: ORS 676.607 & 676.608
  • Hist.: HLA 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-28-11; HLA 2-2011(Temp), f. & cert. ef. 3-17-11 thru 8-28-11
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  • 331-020-0040
  • Complaint Processing and Investigation
  • Pursuant to ORS 676.608, complaints filed with the Oregon Health Licensing Agency will be handled as follows:
  • (1) The agency will determine if the complaint is related to a profession or occupation regulated and administered by the agency and the complaint falls within authority delegated to the agency by statute.
  • (2) The agency investigator(s):
  • (a) Will review the information and as applicable, interview parties and witnesses, and examine physical evidence relating to the complaint;
  • (b) Will advise on whether an authorization holder or other individual practiced within the acceptable standards of the particular program;
  • (c) Will make recommendations for agency action.
  • (3) After receiving advice from the investigator(s), the agency will determine what action will be taken in accordance with ORS 676.608.
  • (4) As used in ORS 676.608(8), to “appear before the agency” includes: an investigative interview conducted on agency premises or before a board, council, or subcommittee of a board or council; any depositions authorized by the agency; pre-hearing conferences; contested case hearings; and appearances compelled by subpoena. It does not include an investigative interview conducted telephonically or outside of agency premises.
  • Stat. Auth.: ORS 183, 676.605, 676.608 & 676.615
  • Stats. Implemented: ORS 183, 676.605, 676.608 & 676.615
  • Hist.: HLO 1-2004, f. & cert. ef. 2-13-04; HLA 1-2009, f. & cert. ef. 6-1-09; HLA 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-28-11; HLA 2-2011(Temp), f. & cert. ef. 3-17-11 thru 8-28-11
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  • Rule Caption: Streamlines application process for tattoo temporary practitioner permit, requires current blood-borne pathogens training.
  • Adm. Order No.: HLA 3-2011(Temp)
  • Filed with Sec. of State: 4-1-2011
  • Certified to be Effective: 4-1-11 thru 9-27-11
  • Notice Publication Date:
  • Rules Amended: 331-565-0090
  • Subject: Adopt temporary administrative rule revision to clarify and streamline the application process for tattoo artist Temporary Practitioner Permits for those persons wishing to practice the profession in Oregon on a temporary basis, including at tattooing conventions. The temporary rule revises language that confuses many out-of-state applicants who do not understand the Oregon requirements. The temporary rule allows applicants to attest to their qualifying experience on a form approved by the agency, requires current training in blood-borne pathogens, and removes requirement for basic first aid training.
  • Rules Coordinator: Samantha Patnode—(503) 373-1917
  •  
  • 331-565-0090
  • Temporary Practitioner Permit
  • (1) Temporary practitioner permit is an authorization pursuant to ORS 690.365 to perform permanent color and tattoo services on a limited basis, not to exceed 15 consecutive calendar days. For the purpose of this rule licensed facility means a permanent color or tattoo facility which holds a current valid facility license, mobile facility license, temporary facility permit or event facility permit.
  • (2) All applications must be received 15 days before permanent color and tattoo services are provided.
  • (3) A temporary practitioner permit can be renewed up to four times in a 12 month period from the date the agency processes the initial application. Applicants must submit a renewal application on a form approved by the agency and meet the qualifications of subsection 9 or 10 of this rule.
  • (4) All requests to renew must be received 15 days before permanent color and tattoo services are provided unless otherwise approved by the agency.
  • (5) A temporary practitioner must be attached to an authorized or licensed facility.
  • (6) A temporary practitioner must notify the agency within 24 hours before services are performed at a new licensed facility during a 15-day active period, unless otherwise approved by the agency.
  • (7) The applicant and the authorized facility may be held responsible for failure to comply with regulations set forth by ORS 676.612, 690.390, OAR 331, divisions 565, 575, 580 and 585.
  • (8) To be granted a temporary practitioner permit an applicant must submit an application to the agency, on a form approved by the agency, meet the requirements of OAR 331-030-0000, and pay the required fees. The following information must be provided at the time of application:
  • (a) Dates when permanent color and tattoo services will be provided;
  • (b) Name, address, phone number and license number of the licensed facility where permanent color and tattoo services will be provided.
  • (9) To be granted a temporary practitioner permit an applicant must provide satisfactory evidence of meeting requirements, which includes qualifying criteria listed in one of the following pathways:
  • (a) Non Credentialed: Applicant must provide satisfactory evidence of successful completion of the following training and experience:
  • (A) Current training in blood-borne pathogens; and
  • (B) Attest to six months of training or experience, within the last two years, in performing tattoo or permanent color services on a form prescribed by the agency;
  • (b) Out of State Licensure: Applicant meets the requirements set forth in OAR 331-555-0040.
  • (10) For the purpose of this rule training 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.
  • (11) All applicants must be 18 years of age or older.
  • Stat. Auth.: ORS 676.605, 676.606, 676.615, 676.608, 676.612, 676.615, 676.617, 676.618, 676.992, 690.355, 690.360, 690.365, 690.370, 690.380, 690.385, 690.390, 690.405, 690.407 & 690.410
  • Stats. Implemented: ORS 676.605, 676.606, 676.615, 676.608, 676.612, 676.615, 676.617, 676.618, 676.992, 690.355, 690.360, 690.365, 690.370, 690.380, 690.385, 690.390, 690.405, 690.407 & 690.410
  • Hist.: HLA 3-2010, f. 3-31-10, cert. ef. 4-1-10; HLA 3-2011(Temp), f. & cert. ef. 4-1-11 thru 9-27-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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