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Oregon Bulletin

June 1, 2011

 

Oregon Health Licensing Agency,
Board of Cosmetology
Chapter 817

Rule Caption: Align rules with current statutory authority, industry, agency and rulemaking standards.

Adm. Order No.: BOC 2-2011

Filed with Sec. of State: 5-5-2011

Certified to be Effective: 5-5-11

Notice Publication Date: 3-1-2011

Rules Adopted: 817-030-0071, 817-060-0050

Rules Amended: 817-005-0005, 817-010-0065, 817-020-0006, 817-030-0005, 817-030-0030, 817-030-0065, 817-035-0010, 817-035-0050, 817-035-0070, 817-035-0110, 817-040-0003, 817-090-0025, 817-090-0035, 817-090-0045, 817-090-0050, 817-090-0055, 817-090-0065, 817-090-0070, 817-090-0075, 817-090-0080, 817-090-0085, 817-090-0090, 817-090-0095, 817-090-0100, 817-090-0105, 817-090-0110, 817-090-0115

Rules Repealed: 817-010-0090, 817-030-0005(T), 817-030-0015, 817-030-0018, 817-030-0020, 817-030-0040, 817-030-0045, 817-030-0055, 817-035-0030, 817-035-0050(T), 817-040-0003(T), 817-060-0050(T)

Subject: 817-005-0005 Definitions – Revise to align definitions with statutory requirements, reduce to avoid duplication and modify for readability including defining educational institutions and revising definition of official transcript. Number of definitions reduced from 65 to 49.

      817-010-0065 Safety and Infection Control Rules; Facility Standards – Revise to align with statutory changes made during the 2009 Legislative Session by revising the name of Certificate of Identification to “Freelance Authorization” and adopt by reference the most current American National Standards for Safe Use of Lasers (ANSI).

      817-020-0006 Facility Licensing and Operational Requirements – Revise to require, at time of initial application, proof of current registration of business name or Assumed Business Name (ABN) as filed with the Secretary of State, Corporations Division.

      817-030-0005 Qualification for Certification – Revise to provide clarity on application requirements including pathways to certification. Pathway 1 Graduate from an Educational Institution – including a high school, career school, or community college, Pathway 2 Reciprocity – if the applicant has a active certification in another state. Requires that all applicants take all pertinent field of practice written examinations and the Oregon laws and rules examination. Delete Pathway 3 Non-Credentialed – Because the agency and the board do not have statutory authority to send non-credentialed candidates to a school for additional training or a practical examination. Upon request from the board the Department of Education Private Career Schools may refer the candidate to a career school if documentation listed under ORS 345.400 is not available.

      817-030-0030 General Examination Information – Merge several rules to make one fluent administrative rule related to examinations including scheduling, languages, computer-based testing, monitoring, prohibitions and consequences.

      817-030-0065 Written Retake Examination Requirements – Revise to make one section relating to retake examinations including scheduling, and number of failed examinations allowed and procedures for retaking. Also indicates the documentation necessary to take a fourth and seventh examination.

      817-030-0071 Practical Examination Evaluation – Adopt rule which explains requirements and procedures for having a specific educational institution’s practical examination approved as the Board’s certifying examination.

      817-035-0010 Issuance and Renewal of Certificates, Licenses, Registrations or Freelance Authorizations – Revise to align renewal with agency standards and protocols. Protocol for practitioner certificate and facility license holder include renew, renew late up to three years, and after three years reapply.  Revise to implement new protocols for independent contractors and freelance authorization holders to allow them to enter dormant status. No limit would be applied to the dormancy; however, a fee would be required to renew. Revise renewal requirements related to notification of changes to business name or ABN for facility licenses, independent contractor registrations and freelance authorizations.

      817-035-0050 Application and Criteria for Freelance Authorization – Align with statutory changes made during the 2009 Legislative Session by revising the name of Certificate of Identification to “Freelance Authorization”. Moved renewal requirements to OAR 817-035-0010. Repealed subsection (7) due to lack of statutory authority to limit where a freelance authorization holder may work. Revise to require, at time of initial application, proof of current registration of business name or ABN as filed with the Secretary of State, Corporations Division if the freelance authorization holder is operating as a business and not as an individual.

      817-035-0070 Independent Contractor Registration Eligibility – Revise to require, at time of initial application, proof of current registration of business name or ABN as filed with the Secretary of State Corporation Division if the independent contractor registration holder is operating as a business and not as an individual.

      817-035-0110 Posting Requirements – Revise to align with statutory changes made during the 2009 Legislative Session by revising the name of Certificate of Identification to “Freelance Authorization”. Allow practitioners, independent contractors and freelance authorization holders to cover address posted on their authorization with removable covering. Requires facility owners and independent contractors to post the most recent inspection certificate in public view.

      817-040-0003 Fees – Revise length of time a specific authorization may be inactive (up to three years). Revise to align with statutory changes made during the 2009 Legislative Session by revising the name of Certificate of Identification to “Freelance Authorization.”

      817-060-0050 Use of Formaldehyde Products – Adopt permanently by reference the requirement of Oregon OSHA related to the use of formaldehyde.

      Division 90 Civil Penalties – All rules related to civil penalties have been revised for consistency and accuracy.

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

817-005-0005

Definitions

The following definitions apply to OAR chapter 817, divisions 1 through 120.

(1) “Adequate ventilation” means ventilation by natural or mechanical methods which removes or exhausts fumes, vapors, or dust to prevent hazardous conditions from occurring in accordance with OAR 437, Division 2 and/or to allow the free flow of air in a room in proportion to the size of the room and the capacity of the room.

(2) “Affidavit of Licensure” means an original document verifying licensing history and status, including information disclosing all unresolved or outstanding penalties and/or disciplinary actions. The document is issued and signed by the regulatory authority in the state which issued the license with an official seal or stamp affixed to the document; it is not the certificate or license form issued which authorizes the holder to practice. Refer to OAR 331-030-0040.

(3) “Agency” means the Oregon Health Licensing Agency. The agency is responsible for the budget, personnel, performance-based outcomes, consumer protection, fee collection, mediation, complaint resolution, discipline, rulemaking and record keeping.

(4) “Approved” means accepted by the Agency, Board of Cosmetology or to the appropriate entity.

(5) “Article” means those items which complement services provided in the practice of barbering, hair design, esthetics or nail technology, including but not limited to neck-strips, neck dusters, towels or linens, and cloth or plastic capes.

(6) “Barbering” has the definition set forth in ORS chapter 690.005.

(7) “Board” means, pursuant to ORS 690.155 and 690.165, the entity that determines practice standards, education and training, and provides consultation to the agency on all disciplinary actions in accordance with ORS 690.167.

(8) “Certificate” means the document authorizing the holder to perform services in a field of practice, i.e. barbering, hair design, esthetics or nail.

(9) “Chemical service” means the use of any product which restructures or removes hair or changes the shape or appearance of skin, hair or nails.

(10) “Common area” means an area of a facility which is used by all practitioners performing services, including, but not limited to reception areas, dispensing areas, sinks, shampoo bowls, hair dryers and hair dryer areas, and employee lounge areas.

(11) “Communicable disease or condition” means diseases or conditions diagnosed by a licensed physician as being contagious or transmittable which include but are not limited to the following:

(a) Chickenpox;

(b) Diphtheria;

(c) Measles;

(d) Meningococcal Disease;

(e) Mumps;

(f) Pertussis (whooping cough);

(g) Plague;

(h) Poison oak;

(i) Rubella;

(j) Scabies;

(k) Staphylococcal skin infection (boils, infected wounds);

(l) Streptococcal infections (Strep throat);

(m) Tinea (ring worm);

(n) Tuberculosis.

(12) “Demonstration permit” means an authorization as defined in ORS 690.005 to practice on a limited basis for a maximum of 30 consecutive days.

(13) “Director” means the individual who is responsible for the performance of the agency as defined in ORS 676.610. The director appoints all subordinate officers and employees to carry out the duties of the agency.

(14) “Disinfect” means to use a process to destroy harmful organisms, including bacteria, viruses, germs and fungi.

(15) “Dispensing area” means an area having non-porous surfaces and a sink with hot and cold running water where service preparations are conducted, such as mixing of chemicals, cleaning of tools and equipment, disposing of residues and rinsing parts of the body exposed to chemicals.

(16) “Disposable towels” means single-use paper towels or roller-type cloth towels furnished by laundries.

(17) “Educational Institution” means an Oregon high school under ORS 336, Oregon career school licensed under ORS 345 or an Oregon community college under ORS 341.

(18) “EPA” means Environmental Protection Agency, a branch of the Federal Government, which approves and registers chemical compounds and agents.

(19) “Equipment” means those items needed to run a facility which includes but is not limited to waiting chairs, barber or style chairs, shampoo chairs, cabinets, sinks, shampoo bowls, stationary dryers, pedi bins or whirlpool foot spas, paraffin wax containers, and nail technology tables.

(20) “Esthetics” has the definition set forth in ORS 690.005.

(21) “Ethical” means conforming to professional standards of conduct in all occupational practices and in accordance with OAR 817, division 120.

(22) “Exfoliate or exfoliation” means the process of sloughing off, removing, or peeling dead skin cells of the epidermis.

(23) “Facility” has the definition set forth in ORS 690.005.

(24) “Field of practice” has the definition set forth in ORS 690.005.

(25) “Fire retardant container” means an air-tight metal or other approved container recognized by a national testing lab for the use of disposing of chemical waste or storing linens with chemical residue.

(26) “Freelance Authorization” means authorization allowing a practitioner to perform services of barbering hair design, esthetics or nail technology outside of a licensed facility.

(27) “Hair design” has the definition set forth in ORS 690.005, which includes the braiding of hair.

(28) “Health care facility” means a facility as defined by ORS 442.015 (16), such as a hospital, special inpatient care facility, rehabilitation center, center for the treatment of alcoholism or drug abuse, assisted living care or nursing facility, or psychiatric hospital, which is licensed by a state regulatory agency or local governmental unit for the purpose of providing health care services.

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

(30) “Independent Contractor” means an individual defined in ORS 690.005 who qualifies for a recognized business status under the provisions of ORS 670.600.

(31) “License” has the definition set forth in ORS 690.005.

(32) “Low-level disinfectant” means a chemical agent which has demonstrated bactericidal, germicidal, fungicidal, and limited virucidal activity and is registered with EPA.

(33) “Manicuring” means services performed upon the nails of the hands as part of nail technology defined in ORS 690.005.

(34) “Manipulating” means, as referred to in ORS 690.005 articulation or massage, pressure, friction, stroking, tapping or kneading by manual or mechanical means, with or without lubricants such as salts, powders, liquids or creams, for the purpose of providing skin care.

(35) “Materials and supplies” means those items which complement the use of tools, including but not limited to hair tints, bleaches, permanent wave solutions, tonics, hair oils, shampoos, rinses, disinfectants, and chemicals.

(36) “Nail Technology” has the definition set forth in ORS 690.005, which includes the following:

(a) The application and removal of artificial nails;

(b) The application of mini-art work, etching or imprinting on nails.

(37) “Official transcript” means:

(a) An original document authorized by the appropriate office in the Oregon Department of Education and certified by an educational institution indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, final practical examination scores for each field of practice, 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 an educational institution indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, final practical examination scores for each field of practice, 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.

(38) “Pedicuring” means services performed upon the nails of the feet as part of nail technology defined in ORS 690.005.

(39) “Permit” means either a demonstration permit as defined in subsection (12) or a temporary facility permit as defined in subsection (46) of this rule.

 (40) “Practitioner” has the definition set forth in ORS 690.005.

(41) “Premises” means the entire area of the facility, licensed by the agency and designated as a facility.

(42) “Reasonably accessible” means not more than three minutes travel time from any work location.

(43)”Registration” means an authorization to practice in barbering, hair design, esthetics and/or nail technology as an independent contractor.

(44) “Sanitizing container” means a receptacle, holding a disinfecting agent, which is large and deep enough to submerge the tool(s) or implement(s) or portion(s) thereof, which are to be disinfected.

(45) “Sharp edged or pointed, non-electrical tools and implements” means those items which may on occasion pierce or cut the skin and draw blood, includes razors, cuticle nippers, cuticle pushers, nail clippers, tweezers, comedone extractors, shears, and metal nail files.

(46) “Soiled” means an article that has been used and has not been cleaned or disinfected before use on the next client.

(47) “Temporary facility permit” means an authorization as defined in ORS 690.005, not to exceed 30 consecutive days.

(48) “Tools and implements” means all portable articles and instruments, which the practitioner can carry to use in the performance of services on clients, including but not limited to combs, shears, clippers and yoyettes.

(49) “Work area” means an area where services are performed and preparations are conducted including but not limited to shampoo area, work stations and dispensing area.

Stat. Auth.: ORS 690.165 & 690.205(1)

Stats. Implemented: ORS 690.165 & 690.105(1)

Hist.: BH 2-1978, f. & ef. 11-29-78; BH 1-1982, f. & ef. 1-29-82; BH 2-1982, f. & ef. 3-31-82; BH 1-1983(Temp), f. & ef. 10-4-83; BH 4-1984, f. & ef. 12-7-84; Renumbered from 817-010-0002; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BH 2-1996, f. 6-28-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00: BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2005, f. 6-17-05, cert. ef. 7-1-05; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11

817-010-0065

Requirements and Standards

(1) All tools and implements that come in direct contact with a client, must be disinfected or disposed of after use.

(2) Only disinfecting agents that meet the criteria set forth in OAR 817-005-0005 (29) and (32) are approved for use.

(3) Holders of a facility license, independent contractor registration, or freelance authorization must provide and maintain adequate disinfecting or sterilizing equipment for the number of practitioners, usage requirements, and volume of business.

(4) Optional sterilization equipment used in lieu of disinfectants must be checked annually to ensure it is reaching the temperature and/or pressure required by manufacturer’s instructions.

(5) When used according to the manufacturer’s instructions, each of the following is an approved method of disinfecting tools and implements:

(a) Complete immersion in the disinfecting solution of the object(s) or portion(s) thereof to be disinfected;

(b) Steam sterilizer, registered and listed with the U.S. Food and Drug Administration; or

(c) Dry heat sterilizer or autoclave, registered and listed with the U.S. Food and Drug Administration.

(6) All disinfecting agents must be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times the facility is open for business.

(7) Nail files, cosmetic sponges, buffer blocks, sanding bands or sleeves, orangewood sticks, and disposable nail bits that have not been approved by the agency for disinfection and reuse, must be given to the client or discarded after use on each client. Presence of these articles in the work area (facility) is prima facie evidence of use.

(8) Protective gloves that are not cleaned with soap and water and disinfected must be disposed of after use on a client (refer to provisions of OAR 817-015-0030(3) and (5).

(9) All manual or mechanical devices and equipment used in the practice of barbering, esthetics, hair design or nail technology must meet all “product registration requirements” imposed by any federal, state, county, or local authority.

(10) All manual or mechanical devices or equipment used in the practice of barbering, esthetics, hair design or nail technology must be used in accordance with the “product safety requirements” imposed by any federal, state, county, or local authority.

(11) Each practitioner, facility owner or independent contractor must verify, maintain, or be able to access documentation related to any device classified by the U.S. Food and Drug Administration (FDA) that is used in the practice of barbering, esthetics, hair design, and nail technology, as defined in ORS 690.005.

(12) Practitioners may not use any manual or mechanical device or equipment unless the use is part of the delivery of services within the practitioner’s scope of practice under ORS 690, and is consistent with the manufacturer’s intended use of the device and with client health and safety. In determining whether the use of any manual or mechanical device or equipment is consistent with client health and safety, the agency will consider the information provided in the documentation required by section (11) of this rule.

(13) The documentation requirements described in section (11) of this rule apply to specialized items used in the practice of barbering, esthetics, hair design or nail technology and may not apply to those items used in the delivery of basic services, which have been defined as an “article”, equipment”, or “materials and supplies” in OAR chapter 817, division 005, such as scissors, combs, orangewood sticks, shampoo bowls, styling chairs or nail files.

(14) Practitioners must permit any representative of the agency to inspect any manual or mechanical device or equipment used in the practice of barbering, esthetics, hair design or nail technology or the documentation required by section (11) of this rule, upon demand.

(15) Practitioners, facility owners and independent contractors providing laser hair reduction skin care services, shall comply with requirements of the March 16, 2007 edition of the American National Standards for Safe Use of Lasers (ANSI) Z136.1-2007.

Stat. Auth.: ORS 690.205

Stats. Implemented: ORS 690.205

Hist.: BH 2-1978, f. & ef. 11-29-78; BH 2-1980, f. & ef. 5-29-80; BH 2-1982, f. & ef. 3-31-82; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 78-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 4-2001(Temp), f. & cert. ef. 11-1-01 thru 4-29-02; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 1-2008, f. 5-27-08, cert. ef. 6-1-08; BOC 2-2011, f. & cert. ef. 5-5-11

817-020-0006

Facility Licensing and Operational Requirements

Pursuant to ORS 690.055 a facility license must be obtained when operating a business establishment, providing services in one or more fields of practice defined in ORS 690.005.

(1) Subject to ORS 676.612, a facility license may be issued if the applicant:

(a) Is at least 18 years of age, if the applicant is a natural person, and meets requirements of ORS 690.055;

(b) Submits proof of:

(i) A current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007; and

(ii) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for a facility license.

NOTE: ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990.

(c) Files an application on prescribed forms with the agency and pays the required application and license fees. If the facility is owned by a corporation, the application must state the name of and the form must be signed by the corporate officer;

(d) Complies with all applicable administrative rules and regulations of the Board and other state agencies regarding health, safety, and infection control standards;

(e) Complies with the specifications for building, fire and plumbing codes as specified in OAR 817-010-007, and complies with ventilation, exit and fire standards established by the Department of Consumer and Business, Building Codes Division and Office of the State Fire Marshal;

(f) Provide a map or directions to the facility if it is located in a rural or isolated area; and

(g) Attests that the application information is correct.

(2) License holders must comply with the notification requirements of OAR 331-010-0040.

(3) Facility license holders offering services within the licensed premises, other than those regulated under ORS 690.005, such as massage, tanning, tattooing or body piercing, must ensure compliance with appropriate licensing laws and regulations if required.

(4) Client services referred to in subsection (3) of this rule, must have a treatment area that is separated by a permanent, solid barrier, private or screened from the entrance, waiting area or other treatment areas when cosmetology services regulated under ORS 690.005 are being performed to ensure client privacy and prevent contact with chemical or other air-borne irritants. This does not pertain to sale of products.

(5) Any location where services are performed solely by independent contractors, who are registered by the agency, must be licensed as a facility.

(6) The cleanliness and sanitary condition of any shared or common area used by or provided for separately licensed facilities or independent contractors located at one premises is the responsibility of each license or registration holder at that premises.

(7) All facility license holders and independent contractor registration holders located at one premises will be cited for violations of rules or regulations found in the shared or common area of a facility, unless a contractual agreement exists that indicates specific responsibility for the cleanliness of a shared or common area within the premises.

(8) Facility License — Residence.

(9) In addition to the requirements of this rule, applicants for a facility license located within a residence must have an identifying house number or a sign that is easily visible from the street and indicates the location of the facility. The license holder must:

(a) Comply with all applicable regulations of OAR chapter 817, division 010, including maintaining equipment the Board requires for all facilities;

(b) Provide an entrance to the facility that is separate from the entrance to residential living areas; and

(c) Maintain separation between the residential living area and facility by solid walls extending from floor to ceiling, with connection doors kept closed during hours of facility operations and serving clients as required in ORS 690.205.

(10) Inspections and Investigations:

(a) Pursuant to ORS 676.608 or 690.225, a facility owner or license holder must allow the agency’s representative to inspect the facility or conduct an investigation. Obstructing or hindering the normal progress of an investigation or the inspection, threatening or exerting physical harm, or enabling another individual or employee to impede an investigation or inspection may result in disciplinary action.

(b) License holders must contact the agency in writing to make arrangements for an inspection if the agency has been unable to perform an inspection after one year because the facility was closed.

Stat. Auth.: ORS 676.605, 690.055 & 690.165, 690.205, 690.225

Stats. Implemented: ORS 676.605, 690.055 & 690.165, 690.205, 690.225

Hist.: BH 2-1978, f. & ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; Renumbered from 817-020-0005, 817-020-0011, 817-020-0012, BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11

817-030-0005

Application Requirements

An individual applying for a certification in a field of practice 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 examination fees; and

(3) Meet all education, examination and training requirements in effect at the time of application through one of the following pathways;

(a) Certification Pathway 1 — Graduation from an educational institution:

(A) Submit official transcript from an educational institution showing proof of hours for a field of practice as required by the Department of Education pursuant to ORS 345.400 and OAR 581-045-0200; or

(B) Submit a passing score of a board-approved practical examination within two years before the date of application in each field of practice; and

(C) Completion and passage of a board-approved written examination within two years before the date of application including the Oregon laws and rules examination. An applicant with a current certification who is seeking to add a field of practice must pass the Oregon laws and rules examination if the applicant has not passed this examination within two years of applying to add a field of practice.

(D) An applicant is not required to provide proof of official transcripts in a field of practice the applicant was previously certified in Oregon.

 (b) Certification Pathway 2 – Reciprocity:

(A) Submit an affidavit of licensure pursuant to OAR 331-030-0040 from another state, which is active with no current or pending disciplinary action and is substantially equivalent to Oregon certification requirements pursuant to ORS 690.047; and

(B) Completion and passage of a board approved written examination within two years before the date of application including the Oregon laws and rules examination. An applicant with a current certification who is seeking to add a field of practice must pass the Oregon laws and rules examination if the applicant has not passed this examination within two years of applying to add a field of practice.

(c) Upon passage of all required examinations and before receipt of certificate, the applicant must pay all certification fees.

(4) An applicant coming from a competency based educational institution under ORS 345.400 may be required to submit additional information to the agency.

Stat. Auth.: ORS 690.035, 690.046 & 690.165

Stats. Implemented: ORS 690.035, 690.046 & 690.165

Hist.: BH 2-1978, f. & ef. 11-29-78; BH 1-1981, f. & ef. 10-1-81; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f-5-31-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 3-2008(Temp), f. 11-28-08, cert. ef. 12-1-08 thru 4-30-09; Administrative correction 5-20-09; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-10-11; BOC 2-2011, f. & cert. ef. 5-5-11

817-030-0030

General Information about the Examination

(1) Practical Examination: The board recognizes and sanctions the practical examination conducted by an educational institution in accordance with the Department of Education’s regulations, provisions, criteria and protocols.

(2) Written Examination: The board-approved written examination consists of one or more fields of practice and the Oregon laws and rules examination.

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

(4) Written examination candidates may be electronically monitored during the course of testing.

(5) Each section of the written examination will be scored individually. The passing score for each section is 75 percent or better.

(6) The Board will establish by policy a maximum time allowance for each section of the written examination.

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

(8) 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.

(9) A candidate may be immediately disqualified during or after the examination for conduct that interferes with the written examination. The examination may be invalidated and written examination fees may be forfeited. 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 written examination process;

(b) Taking items including but not limited to items listed in subsection (7) and (8) of this rule into the written examination area;

(c) Removing or attempting to remove any examination-related information, notes or materials from the written examination site;

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

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

(10) The applicant may be required to reapply, submit additional examination fees, and request in writing to schedule another examination if applicant is disqualified from taking the examination for reasons under subsection (7)(8) and (9) of this rule.

Stat. Auth.: ORS 676.615, 690.065 & 690.165

Stats. Implemented: ORS 676.615, 690.065 & 690.165

Hist.: BH 2-1978, f. & ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; Renumbered from 817-030-0025; BH 33-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 2-2011, f. & cert. ef. 5-5-11

817-030-0065

Written Examination Retake Requirements

(1) Failed sections of a written 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 submit an official transcript certifying additional training from an educational institution on a form prescribed by the agency, and must pay application fee;

(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 submit an official transcript certifying additional training from an educational institution on a form prescribed by the agency, and must pay application fee;

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

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

Stat. Auth.: ORS 690.065 & 690.165

Stats. Implemented: ORS 690.065 & 690.165

Hist.: BH 2-1978, f. & ef. 11-29-78; BH 1-1983(Temp), f. & ef. 10-4-83; BH 1-1984, f. & ef. 2-13-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1 1996, f. 5-31-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 3-2008(Temp), f. 11-28-08, cert. ef. 12-1-08 thru 4-30-09; Administrative correction 5-20-09; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11

817-030-0071

Practical Examination Evaluation

The purposes of the practical examination evaluation are to allow the Board to decide which practical examinations it will approve as certifying examinations and how the Board will be able to determine whether or not an individual practical examination is one the board approves.

(1) In accordance with ORS 690.046 all educational institutions must submit to an evaluation of the practical examination once every two years in at least one field of practice under ORS 690.005 to have the practical examination approved.

(2) A practical examination being evaluated for approval must be performed in a continuous eight-hour period.

(3) If the practical examination does not meet evaluation standards set forth by the Department of Education, the examination must be corrected or will not be approved.

(4) To correct a practical examination that is not approved, the educational institution must schedule a new practical examination evaluation and meet the Department of Education evaluation standards within 30 days from the date of the practical examination evaluation.

(5) If the educational institution fails the practical examination evaluation, the educational institution must correct the deficiencies before the practical examination is approved.

(6) When a practical examination is not approved and not corrected, a subsequent practical examination evaluation may be granted if written approval is received by the agency from Department of Education that the educational institution is in compliance with regulations, provisions, criteria and protocols set forth by Department of Education.

(7) A student whose educational institution’s practical examination has not been approved may take the practical examination at another educational institution.

NOTE: A student is responsible for any charges or fees for a practical examination administered by another educational institution.

Stat. Auth.: ORS 690.065 & 690.165

Stats. Implemented: ORS 690.065 & 690.165

Hist.: BOC 2-2011, f. & cert. ef. 5-5-11

817-035-0010

Issuance and Renewal of Certificates, Licenses, Registrations, or Freelance Authorizations

(1) An individual holding an authorization as defined in OAR 331-010-0000 is subject to the provisions of OAR chapter 331, division 30 regarding the issuance and renewal of an authorization and provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate authorization.

(2) An individual holding an authorization as defined in OAR 331-010-0000 is subject to the provisions of ORS 690.046, 690.055, 690.057, 690.085, 690.123 and for issuance and renewal of an authorization.

(3) AUTHORIZATION RENEWAL: Authorization renewal, other than independent contractor registration or freelance authorization, must be made prior to the authorization entering inactive status. The authorization holder must submit the following:

(a) Renewal application form;

(b) Payment of required renewal fee pursuant to OAR 817-040-0003;

(4) INACTIVE AUTHORIZATION RENEWAL: An authorization, other than independent contractor registration or freelance authorization, may be inactive for up to three years. The authorization holder must submit the following:

(a) Renewal application form; and

(b) Payment of delinquency and authorization fees pursuant to OAR 817-040-0003.

(5) EXPIRED AUTHORIZATION: An authorization, other than independent contractor registration or freelance authorization, that has been inactive for more than three years, is expired and the authorization holder must meet the requirements listed in OAR 817-030-0005 or 817-020-0006.

(6) Independent contractor registrations and freelance authorizations that are not renewed become dormant, but do not become inactive and do not expire;

(7) To reactivate a dormant independent contractor registration or freelance authorization, the holder must contact the agency and pay required renewal fee.

(8) For freelance authorization renewal or reactivation, the freelance authorization holder must also submit proof of having passed the board approved Oregon laws and rules examination or completion of the agency’s Safety and Infection Control Training:

(a) Every two years for renewal; or

(b) Within two years from the date of reactivation.

(9) Independent contractor registration and freelance authorizations that are in dormant status are not valid for practice.

(10) In addition to other requirements of this rule, if a facility license changes name or assumed business name the facility must provide at the time of renewal:

(a) A current registration as required by Secretary of State, Corporations Division pursuant to under ORS 648.007; and

(b) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an ABN prior to renewing a facility license.

NOTE: ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990.

(11) If a facility was granted a license as a corporation or LLC, and that corporation or LLC changes registered agent, the facility owner must, within 10 days, provide the agency with an updated and current registration as required by Secretary of State, Corporations Division under ORS 648.005 through 648.990.

(12) If a facility was granted a license as a corporation or LLC, and that corporation or LLC has been dissolved or administratively dissolved, the owner must apply for a new facility license.

(13) If a facility changes ownership, the new owner must apply for a new facility license.

(14) In addition to other requirements of this rule, if the holder of an independent contractor registration or freelance authorization changes name or ABN, the holder must provide at the time of renewal:

(a) A current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007 if the independent contractor or the freelance authorization holder is licensed as a business and not as an individual before renewal or reactivation; and

(b) A current copy of the Assumed Business Name (ABN) filing if the independent contractor or the freelance authorization holder is operating under an assumed business name prior to renewal or reactivation.

NOTE: ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990.

Stat. Auth.: ORS 676.605, 676.615, 690.085 & 690.165

Stats. Implemented: ORS 676.605, 676.615, 690.085 & 690.165

Hist.: BH 2-1978, f. & ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 2-1994(Temp), f. 2-15-94, cert. ef. 3-1-94 thru 8-28-94; Renumbered from 817-040-0008, BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-040-0015, BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2005, f. 6-17-05, cert. ef. 7-1-05; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2008, f. 9-15-08 cert. ef. 10-1-08; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11

817-035-0050

Application and Criteria for Freelance Authorization

(1) Pursuant to ORS 690.123, a practitioner who provides services outside of a licensed facility must hold a freelance authorization.

(2) The applicant for a freelance authorization must:

(a) Submit a completed application prescribed by the agency;

(b) Pay required fees pursuant to OAR 817-040-0003; and

(c) Pass the Oregon Laws and Rules examination. Completion of the examination is not required if the applicant passed the Oregon Laws & Rules examination within two years before the date of application for a freelance authorization; and

(d) Submits proof of:

(A) A current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007 if applicant is applying as a business and not as an individual; and

(B) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for a freelance authorization,

NOTE: ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990.

(3) Subject to ORS 676.612 and OAR 331-030-0000, upon qualification, the agency will issue a freelance authorization indicating the fields of practice the practitioner is certified to perform outside of a licensed facility.

(4) The freelance authorization is issued as a separate document from the certificate authorizing the holder to perform services .

(5) A holder of freelance authorization must:

(a) Provide each client with the agency’s name, address and telephone number, for comment on any of the services received or on any of the sanitary procedures followed while performing services;

(b) Display the practitioner’s certificate number and freelance authorization number on all advertising when soliciting business;

(c) Comply with the Board’s health, safety, and infection control rules and regulations; and

(d) Be subject to random audit to verify compliance with safety, infection control and licensing requirements.

(6) The freelance authorization may be suspended or revoked by the agency if the Board has taken action to refuse to issue or renew, or has suspended or revoked the practitioner’s certificate.

Stat. Auth.: ORS 676.615, 690.048, 690.123 & 690.165

Stats. Implemented: ORS 676.615, 690.048, 690.123 & 690.165

Hist.: BH 4-1984, f. & cert. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, f. & cert. ef. 7-1-94; Renumbered from 817-020-0040; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 2-2008, f. 9-15-08 cert. ef. 10-1-08; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 3-2010(Temp), f. 11-10-10, cert. ef. 11-15-10 thru 5-10-11; BOC 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-10-11; BOC 2-2011, f. & cert. ef. 5-5-11

817-035-0070

Independent Contractor Registration Eligibility

An independent contractor registration may be issued if the applicant:

(1) Holds a current, valid practitioner’s certificate;

(2) Is at least 18 years of age as required in ORS 690.057;

(3) Meets the criteria for independent contractor status in accordance with ORS 690.035, 690.057, 670.600, and 657.040;

(4) Applies on forms provided by the agency and pays the required application and registration fees;

(5) Submits proof of:

(a) A current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007 if applicant is applying as a business and not as an individual; and

(b) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for an independent contractor registration,

NOTE: ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990.

(6) Complies with all applicable rules and regulations of the Board and other state agencies; and

(7) Attests that application information is correct.

Stat. Auth.: ORS 676.615, 690.055, 690.057 & 690.165

Stats. Implemented: ORS 676.615, 690.055, 690.057 & 690.165

Hist.: BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11

817-035-0110

Posting Requirements

Freelance authorization, certificate, license, permit and registration holders are subject to the requirements of OAR 331-030-0020.

(1) Facility licenses must be posted in public view.

(2) Independent contractor registrations must be posted in public view. A registrant may temporarily conceal the address printed on the registration document with a covering that is removable.

(3) Practitioner certificates must be posted in public view. A certificate holder may temporarily conceal the address printed on the certificate document with a covering that is removable.

(4) Demonstration and temporary authorizations must be posted in public view.

(5) Freelance authorization holders must show the authorization to practice upon request of the client. A freelance authorization holder may temporarily conceal the address printed on the freelance authorization document with a covering that is removable.

(6) Holders of a facility license or an independent contractor registration must maintain the most recent inspection certificate on the facility premises or at the designated work station and allow access to the record upon request by the agency’s inspector or representative.

(7) Facilities and independent contractors must post the most recent inspection certificate in public view in the facility or at the independent contractor’s work station.

Stat. Auth.: ORS 676.615, 690.095 & 690.165

Stats. Implemented: ORS 676.615, 690.095 & 690.165

Hist.: BH 2-1978, f. & ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; Renumbered from 817-010-0120; BH 1-1988, f. & cert. ef. 7-1-88; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; Renumbered from 817-020-0013; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11

817-040-0003

Fees

(1) Applicants and authorization holders are subject to provisions of OAR 331-010-0010 and 331-010-0020 regarding payment of fees, penalties and charges.

(2) Fees established by the Oregon Health Licensing Agency, in consultation with the Board, are as follows:

(a) Application:

(A) Practitioner certificate: $25 per field of practice.

(B) Practitioner certificate by reciprocity: $100 per field of practice.

(C) Independent contractor registration: $50.

(D) Freelance authorization: $25.

(E) Facility license: $100.

(F) Temporary facility permit: $50.

(G) Demonstration permit: $25.

(b) Examination:

(A) Oregon laws & rules: $50.

(B) Barbering: $50.

(C) Hair design: $50.

(D) Esthetics: $50.

(E) Nail technology: $50.

(F) Freelance authorization: $25

(c) Original issuance of authorization to practice:

(A) Practitioner certificate: $40 for two years.

(B) Practitioner certificate by reciprocity: $45 for two years.

(C) Independent contractor registration: $100 for one year.

(D) Freelance authorization: $100 for one year.

(E) Facility license: $110 for one year.

(d) Permits:

(A) Temporary facility: $100.

(B) Demonstration: $50.

(e) Renewal of authorization to practice:

(A) Practitioner certificate: $45 for two years.

(B) Practitioner certificate: on-line payment: $40 for two years.

(C) Independent contractor registration: $100 for one year.

(D) Freelance authorization: $100 for one year.

(E) Facility license: $110 for one year.

(f) Other administrative fees:

(A) Delinquency fee: $30 for each year in inactive status up to three years.

(B) Replacement of freelance authorization, certificate, license or registration, including name change: $25.

(C) Duplicate freelance authorization, certificate, license or registration document: $25 per copy with maximum of three.

(D) Affidavit of licensure: $50.

(E) 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.

(F) Information packets: $10.

Stat. Auth.: ORS 676.605, 676.606, 676.615 & 690.235

Stats. Implemented: ORS 676.605, 676.615, 690.235 & 30.701

Hist.: BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 1-1990(Temp), f. 4-20-90 & cert. ef. 6-1-90; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2005, f. 6-17-05, cert. ef. 7-1-05; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2008, f. 9-15-08 cert. ef. 10-1-08; BOC 2-2009(Temp), f. 6-30-09, cert. ef. 7-1-09 thru 12-25-09; BOC 3-2009(Temp), f. 12-21-09, cert. ef. 12-26-09 thru 5-31-10; BOC 1-2010, f. 3-31-10, cert. ef. 4-1-10; BOC 2-2010, f. & cert. ef. 10-1-10; BOC 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-10-11; BOC 2-2011, f. & cert. ef. 5-5-11

817-060-0050

Use of Formaldehyde Products

(1) In addition to and not in lieu of, any other city, county, state or federal laws, rules, codes and regulations, the agency and board adopt by reference OAR 437-002-0360(31).

(2) For the purpose of this rule:

(a) When employer is referenced under OAR 437-002-0360(31) employer means a facility license holder, temporary facility permit holder, demonstration permit holder working outside of a licensed facility, a practitioner working outside of a licensed facility, and an independent contractor.

(b) When employee is referenced under OAR 437-002-0360(31) employee means practitioner working in a licensed facility, individual working under the direction of an independent contractor or facility license holder, and demonstration permit holder working in a licensed facility.

Stat. Auth.: ORS 676.605, 676.606, 676.607, 690.165 & 690.205

Stats. Implemented: ORS 690.165 & 690.205

Hist.: BOC 3-2010(Temp), f. 11-10-10, cert. ef. 11-15-10 thru 5-10-11; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0025

Schedule of Penalties for Facility and Independent Contractor Registration Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of facility license and independent contractor registration laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Operating or purporting to operate a facility without a valid facility license is a violation of ORS 690.015(2)(b) and (2)(e):

(a) 1st offense: $500;

(b) 2nd offense: $1000;

(c) 3rd offense: $2500

(2) Operating or purporting to operate as an independent contractor without or with a dormant independent contractor registration is a violation of ORS 690.015 (2)(d) and (2)(e):

(a) 1st offense: $200

(b) 2nd offense: $500

(c) 3rd offense: $1,000

(3) Operating a facility with an inactive or expired license is a violation of ORS 676.612 (2)(r):

(a) 1st offense: $200;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000

(4) Allowing an uncertified person to practice in a field of practice is a violation of ORS 690.015(2)(g):

(a) 1st offense: $500;

(b) 2nd offense: $1,000;

(c) 3rd offense: $2,500

(5) Failing to allow the Agency to inspect the premises when the facility is open or obstructing or hindering the normal progress of the inspection, threatening or exerting physical harm, or enabling another individual to impede the inspection progress is a violation of OAR 817-0200006(9) and will result in monetary penalties and any other actions allowed by law.

(6) Allowing an employee to practice with an inactive or expired practitioner certificate is a violation of ORS 676.612(2)(h):

(a) 1st offense: $200

(b) 2nd offense: $500

(c) 3rd offense: $1000

(7) Failing to meet the specifications and standards required under OAR 817-010-0007 in a facility is a violation of OAR 817-020-0006 (1)(e) and may result in an emergency suspension of the facility license until the violation is corrected.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Hist.: BH 3-1984(Temp), f. & ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0020; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0035

Schedule of Penalties for Practitioner Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of practitioner licensing laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Operating with an inactive or expired practitioner certificate is a violation of ORS 676.612(2)(r):

(a) 1st offense: $200;

(b) 2nd offense: $500;

(c) 3rd offense: $1000

(2) Practicing or purporting to practice in a field of practice without a certificate, is a violation of ORS 690.015(2)(a)

(a) 1st offense: $1,000;

(b) 2nd offense: $2,500;

(c) 3rd offense $5,000

(3) Performing services in a field of practice in an unlicensed facility is a violation of ORS 690.015(2)(c):

(a) 1st offense: $200;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000

(4) Practicing or purporting to practice in a field of practice with a suspended certificate is a violation of 676.612 (4)

(a) 1st offense: $2,500;

(b) 2nd offense: $5,000;

(c) 3rd offense: Monetary penalty and any other actions allowed by law including refusal to issue an authorization to practice

(5) Performing in a field of practice by a student when not on the premises of an educational institution in which he or she is enrolled is a violation of OAR 817-100-0005:

(a) 1st offense: $500;

(b) 2nd offense: $1,000;

(c) 3rd offense: $2,500.

Stat. Auth: ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Hist.: BH 3-1984(Temp), f. & ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0020; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0045

Schedule of Penalties for Certificate/License/Registration/ Permit Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of certificate/license/registration/permit laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Altering with fraudulent intent or fraudulent use of a license, certificate, registration, permit or authorization issued by the agency is a violation of ORS 690.015(2)(j) or ORS 690.015(2)(k):

(a) 1st offense: $1,500;

(b) 2nd offense: $3,500;

(c) 3rd offense: $5,000.

(2) Failing to post a valid license, registration, certificate, permit or authorization issued by the agency in public view is a violation of ORS 690.095 and OAR 817-035-0110:

(a) 1st offense: $100

(b) 2nd offense: $200

(c) 3rd offense: $500

(3) Failing to post the most recent inspection certificate in public view within the facility is a violation of OAR 817-035-0110:

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

(4) Failing to return or surrender a certificate, license, registration, permit or authorization upon demand by the Agency is a violation of OAR 331-030-0020:

(a) 1st offense: $1,000;

(b) 2nd offense: $2,500;

(c) 3rd offense: $5,000.

(5) Failing to provide appropriate photographic identification upon request by the Agency is a violation of OAR 331-030-0020(4):

(a) 1st offense: $500;

(b) 2nd offense: $1,000;

(c) 3rd offense: $2500.

(6) Failing to inform the Agency within 30 calendar days of a change work location, home or mailing address, or other notification requirement listed in OAR 331-010-0040 is a violation of OAR 331-010-0040

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Hist.: BH 3-1984(Temp), f. & ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0020; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0050

Schedule of Penalties for Certificate of Identification Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of Freelance Authorization laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Working with a dormant Freelance Authorization:

(a) 1st offense: $200;

(b) 2nd offense: $500;

(c) 3rd offense: $1000

(2) Failing to display the practitioner certificate number and Freelance Authorization number when advertising or soliciting business; or, failing to provide required card under a Freelance Authorization is a violation of OAR 817-035-0050(5)(a) or (b)

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

(3) Practicing outside a licensed facility without a valid Freelance Authorization is a violation of ORS 690.123:

(a) 1st offense: $500;

(b) 2nd offense: $1,000;

(c) 3rd offense: $2,500

Stat. Auth: ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Hist.: BH 3-1984(Temp), f. & ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0020; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0055

Schedule of Penalties for Home Facility Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of home facility laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to identify a facility located in a residence by means of a house number or a sign easily visible from the street is a violation of OAR 817-020- 0006(9):

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

(2) Failing to provide an entrance to the facility that is separate from the entrance to residential living areas or maintain separation between the facility and the residential living areas is a violation of OAR 817-020-0006(9)(b) or (c):

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

Stat. Auth: ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Hist.: BH 3-1984(Temp), f. & ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0020; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0065

Schedule of Penalties for Water Supply and Disposal Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to have immediate access to hot and cold running water in the working area of a facility, or in the location where a Freelance Authorization holder is providing services, is a violation of OAR 817-010-0014(4) and 817-035-0050 (5)(c):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

(2) Failing to have a facility water supply which meets state pressure and purity requirements is a violation of OAR 817-010-0014(1) and (2) may result in an emergency suspension of the facility license until the violation is corrected.

(3) Improperly disposing of liquid waste from a facility is a violation of OAR 817-010-0021(3) and may result in an emergency suspension of the facility license until the violation is corrected.

Stat. Auth: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167, 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0030; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0070

Schedule of Penalties for Towels and Linens Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to use clean towels or linens for each client is a violation of OAR 817-010-0035(1) and failing to launder towels and linens as required is a violation of OAR 817-010-0035(5):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

(2) Failing to store clean towels and linens in a clean area is a violation of OAR 817-010-0035(3):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

(3) Failing to immediately deposit all used towels with chemical residue in a closed, fire retardant container is a violation of OAR 817-010-0035(4):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

(4) Failing to deposit soiled towels in a covered container is a violation of OAR 817-010-0035(4):

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0075

Schedule of Penalties for Waste Disposal Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to immediately deposit all chemical waste materials in a closed container at the conclusion of each service, or a fire-retardant container at the close of each business day is a violation of OAR 817-010-0060(1):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(2) Failing to immediately deposit all waste and refuse in covered containers is a violation of OAR 817-010-0060(2:

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

(3) Failing to store cigarette ashes, butts, etc. in a fire-retardant container is a violation of OAR 817-010-0060(4):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(4) Failing to keep the outer surface of a waste disposal container clean is a violation of OAR 817-010-0060(5):

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

(5) Failing to dispose of disposable material coming into contact with blood or other bodily fluids in a sealable plastic bag is a violation of OAR 817-010-0060(6):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

(6) Failing to dispose of disposable sharp-edged material coming into contact with blood or other bodily fluids in a sealable rigid container is a violation of OAR 817-010-0060(7):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

(7) Failing to have sealable plastic bags and sealable rigid containers available for use at all times services are being performed is a violation of OAR 817-010-0060(8):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167, 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0080

Schedule of Fines for Dispensing of Cosmetic Preparations Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to properly dispense powders, liquids, wave solutions, creams, semi-solid substances or other materials which come in contact with a client is a violation of OAR 817-010-0055:

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

Stat. Auth.: ORS 690.165, 690.205 & 690.995

Stats. Implemented: ORS 690.165, 690.205 & 690.995

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 1-2007, f. 10-31-07, cert. ef. 11-1-07; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0085

Schedule of Penalties for Sanitation or Disinfectant Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to use a high-level disinfectant or failing to totally immerse in high-level disinfectant, all tools and implements with sharp edges or points, or foot spa equipment according to disinfectant manufacturer’s instructions is a violation of either OAR 817-010-0068(3) or OAR 817-010-0101(5):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

(2) Failing to keep disinfecting solutions at adequate strength, free of foreign material, and/or available for immediate use at all times the facility is open for business is a violation of OAR 817-010-0065(6):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

(3) Failing as a facility license holder, an independent contractor or Freelance authorization holder to provide and maintain adequate disinfecting solutions or sterilizing equipment to the number of practitioners, usage requirements or volume of business is a violation of OAR 817-010-0065(3):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(4) Failing to use a low-level disinfectant or failing to totally immerse all tools and implements, without sharp edges or points according to disinfectant manufacturers instructions is a violation of OAR 817-010-0068(2):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0090

Schedule of Penalties for Disinfecting Requirements of Tools and Implements Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to cleanse and disinfect, with a high-level disinfectant, electrical or mechanical hair clipper blades after use on each client is a violation of OAR 817-010-0069(2):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

(2) Failing to store new, disinfected or cleaned tools and implements separately from all others is a violation of OAR 817-010-0075(1):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(3) Failing to ensure that any tool or implement; or article which comes in contact with a client’s are disinfected, cleaned or disposed of is a violation of OAR 817-010-0065(1); or OAR 817-010-0040(2) or OAR 817-010-0040(3):          

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(4) Failing to discard or give to the client any a disposable nail file, cosmetic sponge, buffer block, sanding band or sleeve, orangewood stick, or nail bits designed for single use after use on a client, is a violation of OAR 817-010-0065(7):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165, 690.167, 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 4-2001(Temp), f. & cert. ef. 11-1-01 thru 4-29-02; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0095

Schedule of Penalties for Cleanable/Non-Absorbent Surfaces Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to have cleanable, non-absorbent surfaces on all equipment in all areas of a facility where services are performed is a violation of OAR 817-010-0101(1):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(2) Failing to keep equipment in a facility, including upholstery fabrics, clean and in good repair is a violation of OAR 817-010-0101(3):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(3) Failing to have cleanable, non-absorbent floor surfaces in good repair in the area(s) of a facility where services are performed is a violation of OAR 817-010-0106(1):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

Stat. Auth: ORS 676.605, 676.615, 676.992, 690.165, 690.167, 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0030; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0100

Schedule of Penalties for Clean Conditions Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to keep a restroom located on the premises of a facility clean and sanitary is a violation of OAR 817-010-0021(2):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(2) Failing to keep a facility shampoo bowl or sink clean is a violation of OAR 817-010-0101(2):

(a) 1st offense: $00;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(3) Failing to keep roller-storage receptacles and their contents clean and free of foreign material is a violation of OAR 817-010-0075(2):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000

(4) Failing to keep storage drawers for c

lean tools and implements clean and to use such drawers only for clean tools and implements is a violation of OAR 817-010-0075(3):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(5) Failing to keep storage cabinets, work stations, vanities and backbars or other such equipment clean is a violation of OAR 817-010-0075(4):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(6) Allowing hair clippings to accumulate on a facility floor or failing to dispose of hair clippings in a covered container is a violation of OAR 817-010-0106(3):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(7) Failing to keep facility walls and ceiling clean and free of excessive spots, mildew, condensation or peeling paint is a violation of OAR 817-010-0110:

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(8) Failing to properly clean and disinfect foot spa equipment as required is a violation of OAR 817-010-0101(5):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0105

Schedule of Penalties for Client Health and Safety Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to use a neck strip or a towel to prevent contact between the skin of a client’s neck and a hair cloth or cape is a violation of OAR 817-010-0040(1:

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(2) Failing to use a disposable cover on the head of a client who is trying on a hairpiece or to clean and label used hair goods as “used” prior to resale is a violation of OAR 817-010-0085:

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(3) Failing to wear single-use disposable protective gloves while having open sores or skin lesions during any performance of service on a client is a violation of OAR 817-015-0030(2):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(4) Performing services while diagnosed with a communicable disease or condition in a transmittable form is a violation of OAR 817-120-0005(4) and (5) and shall incur the following penalty for any violation: Emergency suspension until the disease or condition is no longer communicable.

(5) Treating any disease or knowingly serving any client having a communicable disease or condition except head lice is a violation of OAR 817-120-0005(4) and (5):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(6) Performing services without washing one’s hands immediately before and after serving each client is a violation of OAR 817-015-0030(1):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(7) Failing to maintain client records for each client receiving esthetics or nail technology services, maintain client records on the premises of the facility or allow an enforcement officer access to review client records upon request is a violation of OAR 817-015-0065 or OAR 817-015-0070:

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(8) Failing to maintain required documentation of an FDA Class I or Class II manual or mechanical device or equipment, or to provide required documentation upon request is a violation of OAR 817-010-0065(10) or (14):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165, 690.167, 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 4-2001(Temp), f. & cert. ef. 11-1-01 thru 4-29-02; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0110

Schedule of Penalties for Safe Working Conditions Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to meet the requirements of the Oregon Indoor Clean Air Act is a violation of OAR 817-010-0009 may result in an emergency suspension of the facility license until the violation is corrected.

(2) Having frayed electrical wiring or overloading the electrical circuits in a facility is a violation of ORS 690.055(1)(C), 690.055(4)(F) and OAR 817-010-0007(1) and may result in an emergency suspension of the facility license until the violation is corrected.

(3) Having pets in facilities, other than fish in an aquarium, is a violation of OAR 817-010-0095.

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(4) Failing to wear single-use disposable protective gloves while performing a service on a client whose skin shows signs of excretion of any body fluids is a violation of OAR 817-015-0030(3):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

 (5) Failing to wear eye goggles, shields or mask in performing services on a client where the likelihood of splattering is present is a violation of OAR 817-015-0030(4):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(6) Failing to have a restroom available which is “reasonably accessible” for facility employees is a violation of OAR 817-010-0021(1):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

817-090-0115

Schedule of Penalties for Chemical Use and Storage Violations

The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of chemical use and storage laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

(1) Failing to store chemicals safely to avoid fire, explosion and/or bodily harm to clients and practitioners is a violation of OAR 817-060-0020(3):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(2) Failing to mix chemicals in a dispensing area is a violation of OAR 817-060-0030(1):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(3) Mixing or using chemicals near an open flame or other potential source of ignition is a violation of OAR 817-060-0030(1):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(4) Smoking, or allowing a client to smoke, or having an open flame at the workstation, during any phase of chemical service, i.e. mixing, application, processing, or use of any potentially explosive or flammable chemical, in relation to performing services is a violation of OAR 817-060-0030(7):

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165, 690.167, 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0040; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11

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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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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