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Oregon Bulletin

August 1, 2013

Oregon Health Licensing Agency, Chapter 331

Rule Caption: Establish fee for temporary licensure and repeal trainee registration fee.

Adm. Order No.: HLA 9-2013

Filed with Sec. of State: 7-1-2013

Certified to be Effective: 7-1-13

Notice Publication Date: 5-1-2013

Rules Ren. & Amend: 331-405-0030 to 331-440-0000

Subject: Establish application and license fee for temporary license and repeal trainee registration fee.

   House Bill 2045 was approved during the 2011 Legislative Session giving permissive authority to the Oregon Health Licensing Agency to establish a temporary license. The fees were established through the agency’s budget, House Bill 5026-policy package 203.

   Administrative rules are being established for a temporary license to allow individuals who have obtained the required education and training to continue to gain competency while waiting to take the board approve practical examination. The practical examination is held one time per year.

   The trainee registration fee is being repealed to align with statutory requirements.

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

331-440-0000

Fees

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

(2) Fees established by the Oregon Health Licensing Agency are as follows:

(a) Application:

(A) License: $350.

(B) License by reciprocity: $450.

(C) Temporary license: $50

(b) Examination:

(A) Oregon laws & rules: $50.

(B) Written: $350.

(C) Practical: $650.

(c) Original issuance:

(A) License: $700

(B) Temporary license: $50

(d) Renewal:

(A) License: $700

(B) Temporary license: $50

(e) Delinquent (late) renewal of license: $25 for the first month in expired status, and $10 each month thereafter while in an expired status.

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

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

(h) Affidavit of licensure: $50.

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

Stat. Auth.: ORS 676.605, 676.615 & 680.525

Stats. Implemented: ORS 676.605, 676.615 & 680.525

Hist.: HD 11-1979(Temp), f. & ef. 8-23-79; HD 2-1980, f. & ef. 2-14-80; HD 11-1981(Temp), f. & ef. 7-15-81; HD 9-1985(Temp), f. & ef. 5-24-85; HD 15-1985, f. & ef. 9-4-85; HD 25-1988(Temp), f. & cert. ef. 11-1-88; HD 4-1989, f. & cert. ef. 6-1-89; HD 13-1991(Temp), f. & cert. ef. 9-30-91; HD 3-1992, f. & cert. ef. 3-25-92; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0035; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HLO 3-2003, f. 5-6-03, cert. ef. 5-15-03; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLO 2-2005, f. 12-15-05, cert. ef. 1-1-06; HLA 5-2008, f. 9-15-08, cert. ef. 10-1-08; Renumbered from 331-405-0030, HLA 9-2013, f. & cert. ef. 7-1-13


Rule Caption: Adopt qualifications for temporary licensure; align rules with current standards including informed consent documentation.

Adm. Order No.: HLA 10-2013

Filed with Sec. of State: 7-1-2013

Certified to be Effective: 7-1-13

Notice Publication Date: 4-1-2013

Rules Adopted: 331-410-0012, 331-410-0015, 331-410-0025, 331-410-0035, 331-410-0045, 331-410-0055

Rules Amended: 331-405-0020, 331-410-0020, 331-410-0030, 331-410-0050, 331-410-0060, 331-410-0065, 331-410-0080, 331-410-0090, 331-415-0010, 331-415-0020, 331-420-0000, 331-420-0010, 331-420-0020, 331-430-0030

Rules Repealed: 331-405-0045, 331-410-0010, 331-410-0040, 331-415-0000, 331-425-0010

Rules Ren. & Amend: 331-410-0000 to 331-407-0000

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

   Amendments provide requirements for approval of educational institutions with associate degree in denture technology or the equivalent including the specific courses required and the minimum number of credits per course The rule also recognizes that some education programs may have associated clinical practice experience (1,000 hours) within the program.

   Require supervisors of trainees notify the agency when a new individual is ready to commence training. Require the supervisor provide direct supervision when the trainee is providing direct patient care and indirect supervision when the trainee is performing laboratory duties. Amendments include timeline, supervision requirements and notification of changes. The board currently requires trainees register that they are training however ORS 680.510 exempts certain individuals from licensure. Requiring the trainee register is outside the statutory authority of the board or agency; however since a supervisor is a licensee the board can require the supervisor notify the agency if they are supervising an individual.

   Amendments outline specific requirements for the 1,000 hours supervised clinical practice in denture technology including 400 hours of direct patient care and construction of 40 removable dentures pursuant to ORS 680.515(1)(a).

   Adopt rules which allow an individual who has completed an approved education program, 1,000 of of supervised clinical practice in denture technology and a written examination to obtain a temporary license. Rule includes directives for indirect supervision, timeline for notification, supervision requirements and notification of changes.

   Adopt rules which specify requirements for being an approved supervisor for temporary licensees. Rule also provides supervision requirements for individuals obtaining additional work experience in order to qualify to retake the practical examination.

   Licensing requirements for a full denture technology license has been streamlined to be consistent with statutory authority and agency protocol. The proposed rules address application requirements, including examinations, for the following pathways to become licensed as a denture technologist:

   1) Pathway 1: Pathway 1: Qualification through Associate’s Degree Program or Equivalent Education with 1,000 hours Supervised Clinical Practice in Denture Technology

   2) Pathway 2: Reciprocity

   Amend general examination information including the written and practical examinations

   approved by the board which is available on the agency Website. Rule provides for requirements to retake the written and practical examination.

   Rule specifies certain requirements be met to be scheduled to take the practical examination including meeting education and 1,000 hours supervised clinical practice in denture technology as well as meeting requirements 60 days before the examination. Rule also requires practical examination candidates provide certain information at the time of the practical examination including photographic identification for candidate and patient, an interpreter if the patient does not speak English and an oral health certificate for the patient on a form prescribed by the agency.

   Rule changes include standardizing renewal requirements to describe a license as active, inactive or expired and the process for renewal including continuing education requirements. Adopt rule delineating licensure posting requirements including the ability to obtain a duplicate license and align continuing education requirements with current agency and industry standards.

   Amend practice standards, to include providing written and verbal information and obtain informed consent to patients purchasing teeth whitening trays. Prohibit denturists from providing teeth whitening solutions which are prescription strength. Eliminate minimum standards of acceptability for full dentures to allow flexibility to denturists to provide appropriate services to clients and allow the agency to use the current industry standards when investigating a complaint for full or partial dentures.

   Amend business premises requirements to include surface materials and appropriate surface disinfecting, maintenance of service areas, equipment, restrooms and other public areas. Require standards for disposal of contaminated waste and sharp objects. Align sterilization and disinfection process with current denture technology standards including use of high level disinfectants or autoclaves sterilizers. Require denturists who utilize an autoclave perform biological testing of the autoclave monthly. As of July 1, 2014 denturists must sterilize all reusable instruments by use of an autoclave.

   Repeal certain administrative rules which are generally handled through the contested case process or other agency/board policy. Revise civil penalty standards.

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

331-405-0020

Definitions

The following definitions apply to OAR chapter 331, divisions 405 through 430:

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

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

(3) “Board” means the State Board of Denture Technology.

(4) “Direct supervision” means the supervisor is immediately accessible and onsite at the business when denture technology services are performed.

(5) “High level disinfectant” means a chemical agent, which has demonstrated tuberculocidal activity and is registered with the Environmental Protection Agency.

(6) “Indirect supervision” means the supervisor is available by phone or by other means of electronic communication. The supervisor must be able to reasonably oversee the work of the individual being supervised, and be available for questions and assistance when needed.

(7) “Informed Consent” means the written consent obtained following a thorough and easily understood explanation to the patient, or patient’s guardian, of the proposed procedures, any available alternative procedures and any risks associated with the procedures. Following the explanation, the licensee must ask the patient, or the patient’s guardian, if there are any questions. The licensee must provide thorough and easily understood answers to questions asked.

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

(9) “1,000 hours of supervised clinical practice in denture technology” means engaging in clinical and laboratory training in denture technology within an Agency approved education or work experience program. The program must include:

(a) Clinical: a minimum of 400 hours in direct patient care in denture technology; and

(b) Laboratory: construction of a minimum of 40 removable dentures, on 40 different patients. Each removable denture will be counted as one denture; an upper and a lower removable denture counts as two removable dentures.

Stat. Auth.: ORS 680.565

Stats. Implemented: ORS 680.565

Hist.: HD 11-1979(Temp), f. & ef. 8-23-79; HD 2-1980, f. & ef. 2-14-80; HD 12-1981(Temp), f. & ef. 7-15-81; HD 1-1983, f. & ef. 1-20-83; HD 4-1988, f. & cert. ef. 3-4-88; HD 25-1988 (Temp), f. & cert. ef. 11-1-88; HD 4-1989, f. & cert. ef. 6-1-89; HD 10-1989, f. & cert. ef. 11-21-89; HD 13-1991(Temp), f. & cert. ef. 9-30-91; HD 3-1992, f. & cert. ef. 3-25-92; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0005; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HLO 1-2003, f. 1-21-03, cert. ef. 2-1-03; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLO 2-2005, f. 12-15-05, cert. ef. 1-1-06; HLA 10-2013, f. & cert. ef. 7-1-13

331-407-0000

Approved Education and 1,000 Hours of Clinical Practice Experience in Denture Technology

(1) To be approved as an educational program with 1,000 hours equivalent educational program with 1,000 hours supervised clinical practice in denture technology as defined under OAR 331-405-0020 including private career schools, which is equivalent to an associate’s degree, the provider of the educational program must submit documentation which meets the requirements of ORS 680.515(1)(a) and the Board’s approved Denture Technology Curriculum Objectives which can be obtained on the Agency Website at http://www.oregon.gov/OHLA/DT/pages/index.aspx. This documentation must prove that the educational program has a minimum of 103 credits in quarter hours or equivalent hours in the following educational areas:

(a) Orofacial Anatomy a minimum of 2 credits;

(b) Dental Histology and Embryology a minimum of 2 credits;

(c) Pharmacology a minimum of 3 credits;

(d) Emergency Care or Medical Emergencies a minimum of 1 credit;

(e) Oral Pathology a minimum of 3 credits;

(f) Pathology emphasizing in Periodontology a minimum of 2 credits;

(g) Dental Materials a minimum of 5 credits;

(h) Professional Ethics and Jurisprudence a minimum of 1 credit;

(i) Geriatrics a minimum of 2 credits;

(j) Microbiology and Infection Control a minimum of 4 credits;

(k) Clinical Denture Technology a minimum of 16 credits which may be counted towards 1,000 hours supervised clinical practice in denture technology defined under OAR 331-405-0020(9);

(l) Laboratory Denture Technology a minimum of 37 credits which may be counted towards 1,000 hours supervised clinical practice in denture technology defined under OAR 331-405-0020(9);

(m) Nutrition a minimum of 4 credits;

(n) General Anatomy and Physiology minimum of 8 credits; and

(o) General education and electives a minimum of 13 credits.

(2) The provider of the educational program must also submit the following:

(a) Documentation of the educational institution’s accreditation, if any;

(b) Documentation from the Department of Education of any certification of the educational institution, if it is a private career school;

(c) A list of the educational materials and books required for all of the courses listed in subsection (1) of this rule;

(d) Lecture and lab hours required in the courses at the institution, as they equate to standard academic credit hours;

(e) Any additional information or documentation requested by the Agency.

Stat. Auth.: ORS 676.605, 676.615 & 680.515

Stats. Implemented: ORS 676.605, 676.615 & 680.515

Hist.: HD 11-1979(Temp), f. & ef. 8-23-79; HD 2-1980, f. & ef. 2-14-80; HD 1-1983, f. & ef. 1-20-83; HD 4-1989, f. & cert. ef. 6-1-89; HD 10-1989, f. & cert. ef. 11-21-89; HD 13-1991(Temp), f. & cert. ef. 9-30-91; HD 3-1992, f. & cert. ef. 3-25-92; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0040; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HLO 1-2003, f. 1-21-03, cert. ef. 2-1-03; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLO 2-2005, f. 12-15-05, cert. ef. 1-1-06; Renumbered from 331-410-0000, HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0012

Denture Technology Supervisors

(1) To be approved as a supervisor pursuant to ORS 680.510, 680.515(1)(a) and 680.515(1)(c) an individual must:

(a) Hold a valid dentist license under ORS 679 or valid denturist license under ORS 680 and OAR 331-410-0030;

(b) Hold an oral pathology endorsement if supervisor is a denturist licensed under ORS 680 and OAR 331-410-0030; and

(c) Have no current or pending disciplinary action imposed by the Agency or other regulatory body;

(d) Submit proof of having been actively practicing denture technology for at least three years prior to requesting approval as a supervisor;

(e) Submit a completed request for approval on a form prescribed by the Agency.

(2) An approved supervisor may not supervise until all required documentation has been completed and submitted to the Agency and the supervisor has received Agency approval.

(3) An approved supervisor may supervise up to two individuals whether the individuals;

(4) An approved supervisor must provide direct supervision defined under OAR 331-405-0020(4) when direct patient care is being provided as listed in ORS 680.500(3)(b). The supervisor is responsible for guiding and monitoring the performance of the individual being supervised.

(5) An approved supervisor may provide indirect supervision defined under OAR 331-405-0020(6) when laboratory services are being performed as listed under ORS 680.500(3)(a).

(6) An approved supervisor must notify the Agency in writing within 10 calendar days if an individual is no longer being supervised, and must provide the number of hours of training completed on a form prescribed by the Agency.

(7) An approved supervisor must obtain signed informed consent from all patients before an individual obtaining training performs services on the patient.

(8) An approved supervisor must ensure that an individual obtaining training is clearly identified to patients.

(9) An approved supervisor must exercise management, guidance, and control over the activities of an individual obtaining training and must exercise professional judgment and be responsible for all matters related to the practice of denture technology.

(10) An approved supervisor must maintain training documentation, including documentation with handwritten signature of the supervisor and supervisor’s license number. Training documentation must be kept on the business premises for a minimum of two years.

(11) An approved supervisor must adhere to all practice standards listed in OAR 331 Division 420.

(12) An approved supervisor may only provide two years of direct supervision to each individual obtaining training pursuant to ORS 680.510(3).

(13) Agency approval of a supervisor may be withdrawn if the supervisor provides incomplete or inadequate training during supervision or falsifies documentation.

Stat. Auth.: ORS 676.605, 676.615 & 680.515

Stats. Implemented: ORS 676.605, 676.615 & 680.515

Hist.: HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0015

Denture Technology Temporary License

(1) A denture technology temporary license authorizes the holder to temporarily practice denture technology pursuant to ORS 680.515 following completion of an Associate’s degree or equivalent education in denture technology and 1,000 hours of supervised clinical practice in denture technology listed in ORS 680.515 and defined under OAR 331-405-0020(9) while under supervision of a supervisor approved under OAR 331-410-0012.

(2) A denture technology temporary license is valid for one year and may be renewed one time.

(3) A denture technology temporary licensee may work under indirect supervision as defined under OAR 331-405-0020(6).

(4) A denture technology temporary license holder must notify the Agency within 10 calendar days of changes in employment status or changes in supervisor status.

(5) A denture technology temporary license is invalid after passage of the written and practical examination.

(6) A denture technology temporary license holder who changes supervisors more than three times must receive approval from the Board prior to making a fourth or subsequent change.

(7) A denture technology temporary license holder must adhere to all practice standards listed in OAR 331 Division 420.

Stat. Auth.: ORS 680.515 & 680.565

Stats. Implemented: ORS 680.515 & 680.565

Hist.: HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0020

Application Requirements for Denture Technology Temporary License

An applicant for a denture technology temporary license must:

(1) Meet the requirements of OAR chapter 331 Division 30;

(2) In addition to requirements listed in subsections (1), an applicant must provide documentation of one of the following pathways:

(a) License Pathway 1 — Qualification through Associate’s Degree Program or equivalent education with 1,000 hours supervised clinical practice in denture technology within the education program. The applicant must submit:

(A) Official transcript, as defined in OAR 331-405-0020, demonstrating completion of an Agency approved Associate’s degree in denture technology or equivalent education listed under OAR 331-407-0000. The official transcript must document completion of 1,000 hours supervised clinical practice defined under OAR 331-405-0020(9);

(B) Proof of having completed and passed a Board approved written examination within two years before the date of application.

(C) Supervisor information on a form prescribed by the Agency.

(b) License Pathway 2 — Qualification through Associate’s Degree Program or equivalent education with 1,000 hours supervised clinical practice in denture technology under an approved supervisor. The applicant must submit:

(A) Official transcript, as defined in OAR 331-405-0020, demonstrating completion of an Agency approved Associate’s degree in denture technology or equivalent education listed under OAR 331-407-0000;

(B) Documentation of 1,000 hours supervised clinical practice defined under OAR 331-405-0020(9) under an approved supervisor pursuant to OAR 331-410-0012 on a form prescribed by the Agency;

(C) Proof of having completed and passed a Board approved written examination within two years before the date of application; and

(D) Supervisor information on a form prescribed by the Agency.

Stat. Auth.: ORS 680.515 & 680.565

Stats. Implemented: ORS 680.515 & 680.565

Hist.: HD 11-1979(Temp), f. & ef. 8-23-79; HD 2-1980, f. & ef. 2-14-80; HD 25-1989(Temp), f. & cert. ef. 11-1-88; HD 4-1989, f. & cert. ef. 6-1-89; HD 10-1989, f. & cert. ef. 11-21-89; HD 13-1991(Temp), f. & cert. ef. 9-30-91; HD 3-1992, f. & cert. ef. 3-25-92; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0015; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HDLP 1-2002, f. 5-31-02, cert. ef 6-1-02; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLO 2-2005, f. 12-15-05, cert. ef. 1-1-06; HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0025

Denture Technology Supervisor for a Denture Technology Temporary Licensee

(1) To be approved as a supervisor pursuant to ORS 680.515 of a denture technology temporary licensee under 331-410-0015, an individual must:

(a) Hold a valid dentist license under ORS 679 or valid denturist license under ORS 680 and OAR 331-410-0030;

(b) Have no current or pending disciplinary action imposed by the Agency or other regulatory body;

(c) Submit proof of having been actively practicing denture technology for at least three years prior to requesting approval as a supervisor;

(d) Hold an oral pathology endorsement if supervisor is a denturist licensed under ORS 680 and OAR 331-410-0030; and

(e) Submit a completed request for approval on forms prescribed by the Agency.

(2) A supervisor may not supervise a denture technology temporary licensee until all required documentation has been completed and submitted to the Agency and the supervisor has received Agency approval.

(3) A supervisor may supervise up to two individuals whether the individuals are denture technology trainees or denture technology temporary licensees;

(4) An approved supervisor of a denture technology temporary licensee may provide indirect supervision defined under OAR 331-405-0020 when direct patient care is being provided as listed in ORS 680.500(3)(b) or when laboratory services are performed as listed under ORS 680.500(3)(a).

(5) An approved supervisor must notify the Agency in writing within 10 calendar days if a denture technology temporary licensee is no longer being supervised, and must provide the number of hours of training completed on a form prescribed by the Agency.

(6) An approved supervisor must obtain signed informed consent from all patients before a denture technology temporary licensee performs services on the patient.

(7) An approved supervisor must ensure that all denture technology trainees are clearly identified to patients.

(8) A designated supervisor must exercise management, guidance, and control over the activities of the temporary licensee and must exercise professional judgment and be responsible for all matters related to the temporary licensees practice of denture technology.

(9) The supervisor must maintain training documentation on the business premises for a minimum of two years.

(10) Agency approval of a supervisor may be withdrawn if the supervisor provides incomplete or inadequate training during supervision or falsifies documentation.

(11) An approved supervisor must adhere to all practice standards listed in OAR 331 Division 420.

Stat. Auth.: ORS 680.515 & 680.565

Stats. Implemented: ORS 680.515 & 680.565

Hist.: HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0030

Denture Technology License

(1) A denture technology license holder, licensed under ORS 680.505, may practice denture technology defined under ORS 680.500.

(2) A denture technology license is good for one year, and is eligible for renewal. The denture technology license becomes inactive on the last day of the month one year from the date of issuance.

(3) A licensed denturist must adhere to all practice standards listed in OAR 331 division 420.

Stat. Auth.: ORS 680.520 & 680.565

Stats. Implemented: ORS 680.520 & 680.565

Hist.: HD 11-1979(Temp), f. & ef. 8-23-79; HD 2-1980, f. & ef. 2-14-80; HD 1-1983, f. & ef. 1-20-83; HD 25-1988(Temp), f. & cert. ef. 11-1-88; HD 4-1989, f. & cert. ef. 6-1-89; HD 10-1989, f. & cert. ef. 11-21-89; HD 13-1991(Temp), f. & cert. ef. 9-30-91; HD 3-1992, f. & cert. ef. 3-25-92; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0030; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HDLP 5-2001, f. & cert. ef. 12-14-01; HDLP 1-2002, f. 5-31-02, cert. ef 6-1-02; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLO 2-2005, f. 12-15-05, cert. ef. 1-1-06; HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0035

Application Requirements for Denture Technology Licensure

An individual applying for a license in denture technology 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 all required fees.

(3) In addition to requirements listed in subsections (1) and (2) of this rule, an applicant must provide documentation of one of the following pathways:

(a) License Pathway 1 — Qualification through Associate’s Degree Program or equivalent education with 1,000 hours supervised clinical practice in denture technology within the education program. The applicant must submit:

(A) Official transcript, as defined in OAR 331-405-0020, demonstrating completion of an Agency approved Associate’s degree in denture technology or equivalent education listed under OAR 331-407-0000. The official transcript must document completion of 1,000 hours supervised clinical practice defined under OAR 331-405-0020(9);

(B) Proof of having completed and passed a Board approved practical examination within two years before the date of application; and

(C) Proof of having completed and passed a Board approved written examination within two years before the date of application.

(D) An applicant is not required to provide official transcript or proof of having completed and passed a Board approved written examination if the applicant obtained a denture technology temporary license within two years from the date of application for a full denture technology license.

(b) License Pathway 2 — Qualification through Associate’s Degree Program or equivalent education with 1,000 hours supervised clinical practice in denture technology under an approved supervisor. The applicant must submit:

(A) Official transcript, as defined in OAR 331-405-0020, demonstrating completion of an Agency approved Associate’s degree in denture technology or equivalent education listed under OAR 331-407-0000;

(B) Documentation of 1,000 hours supervised clinical practice defined under OAR 331-405-0020(9) under an approved supervisor pursuant to on a form prescribed by the Agency.

(C) Proof of having completed and passed a Board approved practical examination within two years before the date of application;

(D) Proof of having completed and passed a Board approved written examination within two years before the date of application; and

(D) An applicant is not required to provide official transcript, documentation of 1,000 hours supervised clinical practice under an approved supervisor or proof of having completed and passed a Board approved written examination if the applicant obtained a denture technology temporary license within two years from the date of application for a full denture technology license.

(c) License Pathway 3 — Reciprocity. The applicant must submit:

(A) Official transcript or transcripts as defined in OAR 331-405-0020 demonstrating completion of qualifying Associate’s degree or equivalent education, as described in OAR 331-410-0010;

(B) An affidavit of licensure pursuant to OAR 331-405-0020(1), demonstrating proof of current licensure as a denturist, which is active with no current or pending disciplinary action. The license must have been issued by a another state, the District of Columbia, a United States Territory, or Canada, and that jurisdiction’s denturist licensing standards must be substantially equivalent to those of Oregon, as determined by the Agency;

(C) Documentation of having successfully passed both written and practical denturist examinations, which are substantially equivalent to those required for licensure in Oregon, as determined by the Agency;

(D) Documentation of having engaged in full-time denturist practice in the applicant’s reciprocal licensure jurisdiction for at least two years immediately before the date of application for licensure in Oregon, on a from prescribed by the Agency.

Stat. Auth.: ORS 680.515 & 680.565

Stats. Implemented: ORS 680.515 & 680.565

Hist.: HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0045

Examination Information

(1) The Oregon licensing examination consists a written and a practical examination. A list of Board approved written and practical examinations can be accessed on the Agency Website at http://www.oregon.gov/OHLA/DT/pages/index.aspx.

(2) The written examination is comprised of multiple-choice questions covering subject areas specified in ORS 680.515(1)(a) and questions on the Oregon laws and rules regulating the practice of denture technology.

(3) The practical examination requires the applicant to demonstrate skills required to practice denture technology, including but not limited to: final impression and model and trial dentures.

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

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

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

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

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

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

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

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

(b) Violations of subsections (8) or (9) of this rule;

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

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

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

(11) If the candidate is disqualified from taking the examination or the candidate’s examination is deemed invalid for reasons under subsection (10) of this rule, the candidate may be required to reapply, submit additional examination fees, and request in writing to schedule a new examination date, before being considered for another examination opportunity.

Stat. Auth.: ORS 680.515 & 680.565

Stats. Implemented: ORS 680.515 & 680.565

Hist.: HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0050

Qualification and Requirements for Practical Examination

(1) To be qualified to take the board administered practical examination the individual must submit official transcripts and documentation of 1,000 hours supervised clinical practice listed in OAR 331-410-0035(3)(a);

(2) To be scheduled to take the board administered practical examination, applicants must submit a form prescribed by the Agency and pay required fees at least 60 calendar days prior to the examination date.

(3) A practical examination candidate must provide the following at the time of practical examination:

(a) Government issued photographic identification listed under OAR 331-030-0000 proving that the practical examination candidate is the individual scheduled to take the practical examination;

(b) Government issued identification proving the patient is 18 years of age. See identification options under ORS 331-030-0000;

(c) An oral health certificate for the patient signed by a dentist , physician, nurse practitioner or a licensed denturist with the oral pathology endorsement, within 30 days of the practical examination, stating the patient’s oral cavity is substantially free from disease and mechanically sufficient to receive a denture; and

(d) Agency prescribed practical examination candidate and patient forms.

(4) The patient must be completely edentulous;

(5) If a patient does not speak English the candidate for practical examination must ensure an interpreter is available for examination proctors to communicate with patient. The interpreter is prohibited from being the practical examination candidate. Any costs incurred for interpreter services are the responsibility of the practical examination candidate.

(6) A practical examination candidate may be disqualified from taking the practical examination if any requirements of this rule are not met.

Stat. Auth.: ORS 680.520 & 680.565

Stats. Implemented: ORS 680.520 & 680.565

Hist.: HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0055

Written Examination Retake Requirements

(1) Failed sections of the written examination may be retaken as follows:

(a) After first failed attempt — applicant may not retake until the Agency’s next business day;

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

(c) After third failed attempt — applicant may not retake for 30 business days, must pay all additional fees and submit documentation showing completion of additional theory and laboratory training hours in denture technology in accordance with the percentage of questions failed in each domain under an approved supervisor pursuant to OAR 331-410-0012.

(d) After fourth failed attempt — applicant may not retake until the Agency’s next business day;

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

(f) After sixth failed attempt — applicant may not retake for 30 business days, must pay all additional fees and submit documentation showing completion of additional theory and laboratory training hours in denture technology in accordance with the percentage of questions failed in each domain under an approved supervisor pursuant to OAR 331-410-0012.

(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 680.515 & 680.565

Stats. Implemented: ORS 680.515 & 680.565

Hist.: HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0060

Practical Examination Retake Requirements

(1) Pursuant to ORS 680.515(1)(c) an applicant failing the following portions of the practical examination must obtain the following additional clinical and laboratory training hours within two years from the date of the failed practical examination:

(a) Final impression and model: 50 hours of direct patient care and laboratory training consisting of production of 10 removable dentures;

(b) Trial denture centric relation: 150 hours in direct patient care and laboratory training consisting of production of 16 removable dentures;

(c) Trial dentures vertical relation: 150 hours in direct patient care laboratory training consisting of production of 16 removable dentures;

NOTE: Each removable denture will be counted as one denture; an upper and a lower removable denture counts as two removable dentures.

(2) An applicant failing any portion of the practical examination must apply and qualify for a temporary denture technology license under OAR 331-410-0015 and 331-410-0020 before commencing direct patient care;

(3) An applicant must submit documentation approved by the Agency upon completion of additional clinical and laboratory training hours pursuant to ORS 680.515(1)(c). Upon Agency approval of additional training an applicant may be scheduled to take the practical examination at a date and time approved by the Board.

(4) An applicant applying to retake the practical examination must meet the requirements of 331-410-0050.

Stat. Auth.: ORS 676.605, 676.615, 680.525, 680.530 & 680.565

Stats. Implemented: ORS 676.605, 676.615, 680.525, 680.530 & 680.565

Hist.: HD 25-1988(Temp), f. & cert. ef. 11-1-88; HD 4-1989, f. & cert. ef. 6-1-89; HD 13-1991(Temp), f. & cert. ef. 9-30-91; HD 3-1992, f. & cert. ef. 3-25-92; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0032; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HDLP 1-2002, f. 5-31-02, cert. ef 6-1-02; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0065

License Renewal

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

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

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

(a) Renewal application form;

(b) Payment of required renewal fee pursuant to OAR 331-440-0000; and

(c) Attestation of having obtained required continuing education under OAR 331-415-0010, on a form prescribed by the Agency, whether license is current or inactive.

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

(a) Renewal application form;

(b) Payment of delinquency and license fees pursuant to OAR 331-440-0000; and

(c) Attestation of having obtained required continuing education under OAR 331-415-0010, on a form prescribed by the Agency, whether license is current or inactive;

(5) EXPIRED LICENSE: A license that has been inactive for more than three years is expired and the licensee must reapply for licensure and meet the requirements listed in OAR 331-410-0035.

Stat. Auth.: ORS 676.605, 676.615, 680.525, 680.530 & 680.565

Stats. Implemented: ORS 676.605, 676.615, 680.525, 680.530 & 680.565

Hist.: HDLP 1-2002, f. 5-31-02, cert. ef 6-1-02; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0080

Oral Pathology and Oral Health Certificate

(1) Denturists licensed prior to January 1, 2004, who have not received an oral pathology endorsement as described in ORS 680.545, may not treat any person without first obtaining a valid Oral Health Certificate for the person, signed by a licensed dentist, physician or nurse practitioner stating the person’s oral cavity is substantially free from disease and mechanically sufficient to receive a denture. The examination of the oral cavity must have taken place within 30 days of the date of commencing treatment.

(2) For the purpose of this rule “Oral Pathology” means the precise study and diagnosis of disease including pathogenesis, morphologic changes and clinical manifestations of the mouth (the first portion of the alimentary canal that receives food and saliva).

Stat. Auth.: ORS 680.545

Stats. Implemented: ORS 680.545

Hist.: HD 12-1980(Temp), f. & ef. 9-29-80; HD 6-1981, f. & ef. 4-3-81; HD 4-1988, f. & cert. ef. 3-4-88; HD 4-1989, f. & cert. ef. 6-1-89; HD 3-1992, f. & cert. ef. 3-25-92; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0055; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2013, f. & cert. ef. 7-1-13

331-410-0090

License Display and Identification

(1) A licensee must show proof of valid license to the Agency upon request.

(2) A licensee may obtain up to a maximum of three duplicate licenses if the licensee provides denture technology services in multiple locations.

(3) A licensee must post the license document or duplicate license document in public view where denture technology services are being performed.

(4) A licensee may temporarily conceal the address printed on the license document with a covering that is removable.

Stat. Auth.: ORS 680.565

Stats. Implemented: ORS 680.565

Hist.: HD 12-1980(Temp), f. & ef. 9-29-80; HD 6-1981, f. & ef. 4-3-81; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0060; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2013, f. & cert. ef. 7-1-13

331-415-0010

Continuing Education Requirements

(1) To maintain licensure, a denturist must complete a minimum of 10 hours of continuing education every year.

(2) A licensee must document compliance with the continuing education requirement through attestation on the license renewal application. A licensee is subject to provisions of OAR 331-415-0020 pertaining to periodic audit of continuing education.

(3) Continuing education must be obtained by participation in or attendance at a course provided by an institution of higher education accredited by the Northwest Association of Accredited Schools, the Northwest Commission on Colleges and Universities, or the State Board of Higher Education, a course or program approved by the Oregon State Denturist Association, or the National Denturist Association, or other professional organizations or associations which conduct educational meetings, workshops, symposiums, and seminars where CEU credit is offered and where subject matter meets the requirements under subsection (4) of this rule.

(4) Continuing education must address subject matter related specifically to denture technology as set forth in ORS 680.515(1)(a), the rules regulating licensed denturists, related dental practices, health care professional concerns such as infection control or medical emergencies, ethics, and business practices.

(5) Continuing education may include teaching a course sponsored by a CE provider listed in subsection (3) of this rule and where the subject matter meets the requirements under subsection (4) of this rule (provided that no more than half the required hours be in teaching).

(6) Proof of participation in required continuing education is the responsibility of the denturist, to ensure that adequate proof of completion of required continuing education is available for audit or investigation by the Agency.

(7) Documentation supporting compliance with continuing education requirements must be maintained for a period of two years following renewal, and must be available to the Agency upon request.

(8) A licensee may carry up to 10 continuing education hours forward to the next renewal cycle.

(9) For the purpose of this rule continuing education hours mean actual academic, classroom, or course work time, including but not limited to workshops, symposiums, or seminars. Continuing education hours do not include travel time to or from the training site, registration or check-in periods, breaks or lunch periods.

Stat. Auth.: ORS 676.605, 680.530 & 680.565

Stats. Implemented: ORS 676.605, 680.530 & 680.565

Hist.: HD 10-1989, f. & cert. ef. 11-21-89; HD 13-1991 (Temp), f. & cert. ef. 9-30-91; HD 3-1992, f. & cert. ef. 3-25-92; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0041; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 5-2008, f. 9-15-08, cert. ef. 10-1-08; HLA 10-2013, f. & cert. ef. 7-1-13

331-415-0020

Continuing Education: Audit, Required Documentation and Sanctions

(1) The Oregon Health Licensing Agency will audit a select percentage of licensee records determined by the Board to verify compliance with continuing education requirements.

(2) Licensees notified of selection for audit of continuing education attestation must submit to the Agency, within 30 calendar days from the date of issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-415-0010.

(3) Successful completion of the required continuing education will be determined based on satisfactory evidence submitted to the Agency at the time of audit, which must include the following:

(a) Name of continuing education sponsor/provider;

(b) Course agenda — including the date of the training and breakdown of hours for each agenda item, lunch and breaks;

(c) Course outline — including a detailed summary of each topic discussed and the learning objective or training goal of each agenda item;

(d) Course content — including identification of the direct relationship between the course training and subject matter related to denture technology as set forth in ORS 680.515(1)(a) and OAR 331-415-0010(4);

(e) Background resume of speakers or instructors; and

(f) Documentation of attendance or successful course completion (eg, certificate, transcript, sponsor statement or affidavit attesting to attendance, diploma, etc).

(4) If documentation of continuing education is invalid or incomplete, the licensee has 30 calendar days from the date of the deficiency notice to correct the deficiency and submit further documentation to substantiate having completed the required continuing education.

(5) Misrepresentation of continuing education or failing to meet continuing education requirements or documentation may result in disciplinary action, which may include but is not limited to assessment of a civil penalty and suspension or revocation of the license.

Stat. Auth.: ORS 680.565

Stats. Implemented: ORS 680.565

Hist.: HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98; HDLP 1-2002, f. 5-31-02, cert. ef 6-1-02; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2013, f. & cert. ef. 7-1-13

331-420-0000

Practice Standards

Licensed denturists must adhere to the following practice standards:

(1) Oral Health Certificate. Denturists must either have an oral pathology endorsement on their license, or if they have not qualified for and received the endorsement, must comply with requirements for obtaining an Oral Health Certificate as described in ORS 680.545 and OAR 331-410-0080.

(2) Patient Record. A licensed denturist must record, update and maintain documentation for each patient relevant to health history, clinical examinations and treatment, and financial data. Documentation must be written or computerized. Records must include but are not limited to the following:

(a) Patient data, including name, address, date and description of examination;

(b) Evidence of informed consent (may be in the form of an acronym such as “PARQ” to denote procedure, alternatives, risks and questions);

(c) Date and description of treatment or services rendered, and any treatment complications;

(d) Health history as applicable; and

(e) Any other information deemed appropriate to patient care.

(3) Clinical Examination. Licensed denturists must conduct and record a clinical examination of each patient that will include at a minimum, information relative to:

(a) Appearance of gingiva, oral mucosal membranes, pharynx, tongue and all other oral soft tissue; and

(b) Oral conditions that may affect successful denture construction and use.

(4) Record Retention. Patient documentation, written or archived electronically by computer, must be retained for a minimum of seven years and available upon request by the Agency.

(5) Minimum Standards of Acceptable Patient Care. Licensees must adhere to the following practice standards in rendering acceptable patient care:

(a) Maintain accurate patient records;

(b) Seek consultation/referral if indicated;

(c) Make accurate representation to the patient on services provided;

(d) Provide or arrange for continuity of care or emergency treatment for a patient currently receiving treatment;

(e) Adhere to current denture technology practices and standards including use of materials;

(f) Adhere to Centers for Disease Control and Prevention infection control standards and practices;

(g) Wash hands using a germicidal or antiseptic soap and water before and after every patient;

(h) Wear disposable gloves when coming in direct contact with a patient or when handling instruments or equipment contaminated with blood or other potentially infectious materials.

(i) Use new gloves before performing procedures on each patient.

(6) A denturist providing teeth whitening trays to patients must provide the patient with written and verbal information related to teeth whitening trays and teeth whitening solutions including the procedure, alternatives, risks and questions which is prescribed by the Agency. The denturist must obtain patient consent for the procedure described in this rule and retain in patient record. The Agency prescribed information and informed consent for teeth whitening trays and solutions can be accessed on the Agency Website at http://www.oregon.gov/OHLA/DT/pages/index.aspx

(7) A denturist is prohibited from providing patients prescription strength teeth whitening solutions.

Stat. Auth.: ORS 676.605, 676.615, 680.550 & 680.565

Stats. Implemented: ORS 676.605, 676.615, 680.550 & 680.565

Hist.: HD 4-1988, f. & cert. ef. 3-4-88; HD 4-1989, f. & cert. ef. 6-1-89; HD 13-1991(Temp), f. & cert. ef. 9-30-91; HD 3-1992, f. & cert. ef. 3-25-92, Subsections (9)(a) through (h) renumbered to 333-020-0090 and 333-020-0100; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0085; HLO 1-2003, f. 1-21-03, cert. ef. 2-1-03; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2013, f. & cert. ef. 7-1-13

331-420-0010

Practice Standards for Business Premises

(1) A licensed denturist must:

(a) Ensure all areas of the business premises where denture technology is practiced are kept clean and in good repair;

(b) Have a sterilization area, where cleaning and sterilization of reusable instruments is performed, separated from public areas, service areas and restrooms;

(c) Maintain washing accommodations in a clean and sanitary condition;

(d) Ensure all floors, walls and procedure surfaces where services are provided including counters, tables, and chairs are easily cleanable, non-absorbent and non-porous;

(e) Ensure pets or other animals are not permitted in the business facility. This prohibition does not apply to service animals recognized by the American with Disabilities Act;

(f) Ensure all disinfecting solutions or agents be kept at adequate strengths according to manufacturer’s instructions to maintain effectiveness, be free of foreign material and be available for immediate use at all times the business is open;

(g) Use equipment and instruments in a manner described in the manufacturer’s instructions which is consistent with the manufacturer’s intended use of the device by the FDA;

(h) Ensure chemicals are stored in labeled, closed containers;

(i) Ensure all waste material contaminated with blood or other potentially infectious materials, with exception of sharps, are deposited in a covered container following service for each patient; and

(j) Ensure all sharps are discarded in a sharps container which is a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal. The container must be labeled with the “Biohazard” symbol.

(2) The licensee must comply with all applicable rules and regulations of the Agency and other federal, state, county and local agencies. This includes the following:

(a) Building, fire, plumbing and electrical codes, and with exit and fire standards established by the Oregon Building Codes Division, and the Oregon Office of State Fire Marshal;

(b) Oregon Indoor Clean Air Act as it appears in ORS 433.835 through 433.875;

(c) Occupational Safety and Health Act Blood Borne Pathogens Standards, Universal Precautions and Exposure Control Plan under 29 CFR 1910.1030;

(d) Oregon Safe Employment Act pursuant to ORS Chapter 654 if an employee/employer relationship exists; and

(e) All applicable Occupational Safety and Health Act standards if an employee/employer relationship exists.

(f) All applicable recommendations from the Centers for Disease Control and Prevention.

(3) For the purpose of this rule “Sharps” means any object that can penetrate the skin, including but not limited to needles or scalpel blades.

(4) A licensee must ensure all procedures performed are done in a manner to avoid cross contamination of blood borne pathogens.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 680.550 & 680.565

Stats. Implemented: ORS 680.550 & 680.565

Hist.: HD 13-1991(Temp), f. & cert. ef. 9-30-91; HD 3-1992, f. & cert. ef. 3-25-92, Renumbered from 333-020-0085(9)(a) through (h); HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0090; HLO 1-2003, f. 1-21-03 cert. ef. 2-1-03; HLA 10-2013, f. & cert. ef. 7-1-13

331-420-0020

Approved Sterilization and Disinfection Standards

(1) New gloves must be worn during any disinfection or sterilization procedure.

(2) The disinfection or sterilization process listed in subsection (4) or (5) of this rule is not required if disinfected or sterilized single-use prepackaged instruments, obtained from suppliers or manufacturers are used.

(3) All reusable instruments that come in direct contact with a client’s skin or are exposed to blood or other potentially infectious materials must be disinfected or sterilized before use on a client or re-used on another client in accordance with subsection (4) or (5) of this rule.

(4) Approved cleaning and disinfection process for reusable instruments includes the following ordered method:

(a) Clean reusable instruments by manually brushing or swabbing visible foreign matter and rinsing the instruments with warm water and an appropriate detergent solution to remove blood and other potentially infectious materials;

(b) Immerse reusable instruments in a high level disinfectant defined under OAR 331-405-0020 and labeled accordingly; and

(c) Store disinfected instruments in a dry, disinfected, closed cabinet or other tightly-covered container reserved for the storage of disinfected instruments.

(5) Approved cleaning and sterilization process for reusable instruments includes the following ordered method:

(a) Clean reusable instruments by manually brushing or swabbing visible foreign matter and rinsing the instruments with warm water and an appropriate detergent solution to remove blood and other potentially infectious materials;

(b) Individually package reusable instruments using sterilization pouches that include a color indicator strip to assure sufficient temperature during each sterilization cycle. The date the sterilization was performed must be applied to the sterilization pouch;

(c) Place individually packaged reusable instruments in an autoclave sterilizer (steam or chemical), or dry heat sterilizer registered and listed with the Food and Drug Administration; and

(d) Store sterilized instruments individually packaged in a dry, disinfected, closed cabinet or other tightly-covered container reserved for the storage of sterilized instruments.

(6) As of July 1, 2014 all denturists are required to sterilize all reusable instruments by use of a dry heat or steam autoclave. All instruments that are not reusable and sterilized must be disposed of in an appropriate manner.

(7) If a denturist is using an autoclave or dry heat sterilizer under subsection (5) of this rule the denturist must have the autoclave or dry heat sterilizer biologically tested monthly (spore testing) verified through an independent laboratory, to assure all microorganisms have been destroyed and sterilization achieved. Biological spore test results must be immediately available at all times for inspection by the Agency and kept at facility premises for a minimum of two years.

(8) If a denturist is using an autoclave or dry heat sterilizer under subsection (5) of this rule they must ensure the entire device is cleaned and maintained in accordance with manufacturer’s instructions and a copy of the manufacturer’s recommended procedures for the operation of the device must be kept on file at the business premise.

(9) The expiration date for sterilized reusable instruments under subsection (5) of this rule is one year from the date of sterilization unless the integrity of the package is compromised.

(10) All surfaces that may be contaminated by blood or other potentially infectious materials must be disinfected with a high-level disinfectant defined under OAR 331-405-0020 and is labeled accordingly.

Stat. Auth.: ORS 676.605, 676.615, 680.550 & 680.565

Stats. Implemented: ORS 676.605, 676.615, 680.550 & 680.565

Hist.: HD 3-1992, f. & cert. ef. 3-25-92, Renumbered from 333-020-0085(9)(a) through (h); HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0100; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HLO 1-2003, f. 1-21-03, cert. ef. 2-1-03; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2013, f. & cert. ef. 7-1-13

331-430-0030

Establishing Civil Penalty Amounts

The Oregon Health Licensing Agency has adopted the following presumptive penalty schedule for the first and second violations of the following laws and rules. The following schedule must apply except as the Agency otherwise determines in consideration of the factors referenced in OAR 331-020-0060. For subsequent violations the provisions of OAR 331-020-0060 will apply.

(1) Practicing or holding one’s self out as available to practice denture technology, or using the title denturist without a license or with an expired or suspended license is a violation of ORS 680.505 and may incur a penalty of $5,000.

(2) Licensed denturists who allow non-licensed persons to violate ORS 680.505 are in violation of and ORS 676.612(i) and may incur a penalty of $5,000.

(3) Violations of ORS 680.545 may incur a penalty of $2000.

(4) Failing to notify the Agency within 30 days of a change in business related information or license status is a violation of OAR 331-010-0040, and may incur a penalty of $200.

(5) Advertising in a manner, which would deceive or mislead the public or that is untruthful is a violation of ORS 676.612(2)(b), and may incur a penalty of $2,000.

(6) Violations of the practice standards in Division 420 may incur a penalty of up to $1,000 for each violation.

(7) Failing to meet minimum standards of acceptable patient care according to OAR 331-420-0000(5), as determined by the board may incur a penalty of $5,000.

Stat. Auth.: ORS 680.565 & 680.572

Stats. Implemented: ORS 680.565 & 680.572

Hist.: HD 3-1992, f. & cert. ef. 3-25-92; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0120; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2013, f. & cert. ef. 7-1-13


Rule Caption: Amend requirements for specialty body piercing education, training and licensing.

Adm. Order No.: HLA 11-2013

Filed with Sec. of State: 7-1-2013

Certified to be Effective: 7-1-13

Notice Publication Date: 4-1-2013

Rules Amended: 331-905-0000, 331-905-0005, 331-905-0010, 331-905-0040, 331-905-0050, 331-905-0080

Rules Repealed: 331-905-0070

Subject: The rule revision amends specialty level 1 genital piercing education and training to remove the requirement of 10 hours of theory. The rule retains the requirement of 36 hours of practical education or training including practical operations where the student or trainee observes 6 practical operations, participates in 10 practical operations and performs 20 practical operations under direct supervision. The school or approved supervisor is required to submit documentation to the Agency showing proof of having performed the 36 practical operations.

   The change amends specialty level 2 genital piercing education and training to remove the requirement of 5 hours of theory. The rule retains the requirement of 26 hours of practical education or training including practical operations where the student or trainee observes 6 practical operations, participates in 10 practical operations and performs 10 practical operations under direct supervision. The school or approved supervisor is required to submit documentation to the Agency showing proof of having performed the 26 practical operations.

   The rule removes the requirement of taking a written examination regarding genital piercing for both specialty level 1 and 2 genital piercing. The proposal requires that if the written standard body piercing examination is not passed within 2 years of application for a specialist level 1 or 2 genital piercing license the applicant would have to take and pass the examination again.

   Repeal rule related to approved specialty body piercing examinations and amend retake requirements to align with standard body piercing

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

331-905-0000

Specialty Body Piercing Definitions

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

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

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

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

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

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

(6) “EPA” means United States Environmental Protection Agency.

(7) “FDA” means Food and Drug Administration.

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

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

(10) “Instruments” means equipment used during body piercing services. Types of instruments include but are not limited to needles, forceps, hemostats, tweezers, and jewelry.

(11) “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;

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

(13) “Sharps container” means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal. The container must be labeled with the “Biohazard” symbol.

(14) “Specialty level one genital piercing” includes the following:

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

(b) Female genital piercing including the labia majora, labia minors, piercings of the clitoral hood, and perineum between the vagina and the anus (fourchette).

(15) “Specialty level two genital piercing” includes the following:

(a) Male genital piercings including: a vertical piercing through the glans of the penis (called an “apadravya”), horizontal piercing through the glans of the penis (called an “ampallang”), a piercing through the corona or ridge of the glans of the penis (called a “dydoe”), a piercing of the penis entering through the urethra and exiting on the upper side of the penis (called a “reverse Prince Albert”); and

(b) Female genital piercings including the clitoris, a piercing in which jewelry is inserted below the hood behind the clitoris (called a “triangle”), and a piercing of the vagina through the urethra and exiting on the upper side of the vagina (called a “Princess Albertina”).

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

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

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12; HLA 10-2012, f. & cert. ef. 6-25-12; HLA 1-2013, f. & cert. ef. 1-16-13; HLA 6-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-28-13; HLA 11-2013, f. & cert. ef. 7-1-13

331-905-0005

Specialty Level One Genital Piercing Education or Training

Beginning on January 1, 2013, all education curriculum or training for specialty level one genital piercing must meet requirements set forth by the Oregon Health Licensing Agency prior to beginning training or education.

(1) Education Requirements for Specialty Level One Genital Piercing Student: An individual must obtain a standard body piercing license prior to beginning education for specialty level one genital piercing. The specialty level one genital piercing career school course of study must include 36 hours of practical education and a minimum of 36 practical operations.

(2) The 36 practical operations required must include:

(a) 6 practical operations observed by the student which must include a minimum of 3 female genital piercings and a minimum of 3 male genital piercings. Out of the 6 practical operations the student must observe at least 4 different piercing procedures listed in subsection (3) of this rule;

(b) 10 practical operations in which the student participated which must include a minimum of 3 female genital piercings and a minimum of 3 male genital piercings. Out of the 10 practical operations the student must participate in at least 4 different piercing procedures listed in subsection (3) of this rule; and

(c) 20 practical operations performed by the student under direct supervision, but without assistance which must include a minimum of 6 female genital piercings and a minimum of 6 male genital piercings. Out of the 20 practical operations the student must perform at least 4 different piercing procedures listed in subsection (3) of this rule.

(3) The 36 piercings included in the practical training must include at least 3 different piercing procedures listed in Subsection (a) through (i) below of this rule:

(a) Scrotum;

(b) Frenum;

(c) Foreskin;

(d) Perineum behind the scrotum (Guiche);

(e) Piercing of the penis through the urethra and exiting on the underside of the penis (Prince Albert);

(f) Labia majora;

(g) Labia minora;

(h) Piercing of the perineum between the vagina and the anus (fourchette); and

(i) Piercing of the clitoral hood.

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

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

(6) Supervised Training Requirements for Specialty Level One Genital Piercing Temporary Trainee: An individual must obtain a standard body piercing license prior to beginning training for specialty level one genital piercing. The specialty level one genital piercing training program must include 46 36 hours of practical training and a minimum of 36 practical operations.

(7) The 36 practical operations required must include:

(a) 6 practical operations observed by the trainee which must include a minimum of 3 female genital piercings and a minimum of 3 male genital piercings. Out of the 6 practical operations the trainee must observe at least 4 different piercing procedures listed in subsection (8) of this rule;

(b) 10 practical operations in which the trainee participated which must include a minimum of 3 female genital piercings and a minimum of 3 male genital piercings. Out of the 10 practical operations the trainee must participate in at least 4 different piercing procedures listed in subsection (8) of this rule; and

(c) 20 practical operations performed by the trainee under direct supervision, but without assistance which must include a minimum of 3 female genital piercings and a minimum of 3 male genital piercings. Out of the 20 practical operations the trainee must perform at least 3 different piercing procedures listed in subsection (8) of this rule.

(8) The 36 piercings included in the practical training must include at least 3 different piercing procedures listed below in subsection (a) through (i) below of this rule:

(a) Scrotum;

(b) Frenum;

(c) Foreskin;

(d) Perineum behind the scrotum (Guiche);

(e) Piercing of the penis through the urethra and exiting on the underside of the penis (Prince Albert);

(f) Labia majora;

(g) Labia minora;

(h) Piercing of the perineum between the vagina and the anus (fourchette); and

(i) Piercing of the clitoral hood.

(9) Training must be completed in no less than two months from the date the Agency issues a specialty level one genital piercing temporary trainee license.

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

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

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

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12; HLA 10-2012, f. & cert. ef. 6-25-12; HLA 1-2013, f. & cert. ef. 1-16-13; HLA 6-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-28-13; HLA 11-2013, f. & cert. ef. 7-1-13

331-905-0010

Specialty Level Two Genital Piercing Education or Training

Beginning on January 1, 2013, all education curriculum or training for specialty level two genital piercing must meet requirements set forth by the Oregon Health Licensing Agency prior to beginning training or education.

(1) Education Requirements for Specialty Level Two Genital Piercing Student: An individual must obtain a standard body and specialty level one genital piercing license prior to beginning education for specialty level two genital piercing. The specialty level two genital piercing career school course of study must include 26 hours of practical education and a minimum of 26 practical operations. (2) The 26 practical operations required must include:

(a) 6 practical operations observed by the student. Out of the 6 practical operations the student must observe at least 3 different piercing procedures listed in subsection (5) (3) of this rule;

(b) 10 practical operations in which the student participated. Out of the 10 practical operations the student must participate in at least 3 different piercing procedures listed in subsection (3) of this rule; and

(c) 10 practical operations performed by the student under direct supervision, but without assistance. Out of the 10 practical operations the student must perform at least 3 different piercing procedures listed in subsection (3) of this rule.

(3) The 26 piercings included in the practical training must include at least 3 different piercing procedures listed in Subsection (a) through (h) of this rule:

(a) Piercing of the penis entering through the urethra and exiting on the upper side of the penis (reverse Prince Albert);

(b) Piercing through the corona or ridge of the glans of the penis (dydoe);

(c) Horizontal piercing through the glans of the penis (ampallang);

(d) Vertical piercing through the glans of the penis (apadravya);

(e) Clitoris;

(f) Piercing in which jewelry is inserted below the hood behind the clitoris (triangle);

(g) Any piercing of the female genitals through the urethra; and

(h) Any other genital piercings not listed in specialty level one genital piercing.

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

(5) Education must be conducted by a Department of Education, Private Career School licensed instructor who holds an active specialty level two genital piercing license.

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

(7) Supervised Training Requirements for Specialty Level Two Genital Piercing Temporary Trainee: An individual must obtain a standard body and specialty level one genital piercing license prior to beginning training for specialty level two genital piercing. The specialty level two genital piercing training program must include 26 hours of practical training and a minimum of 26 practical operations. The training must include a minimum of

(8) The 26 practical operations required must include:

(a) 6 practical operations observed by the trainee. Out of the 6 practical operations the trainee must observe at least 3 different piercing procedures listed in subsection (9) of this rule;

(b) 10 practical operations in which the trainee participated. Out of the 10 practical operations the trainee must participate in at least 3 different piercing procedures listed in subsection (9) of this rule; and

(c) 10 practical operations performed by the trainee under direct supervision, but without assistance. Out of the 10 practical operations the trainee must perform at least 3 different piercing procedures listed in subsection (9) of this rule.

(9) The 26 piercings included in the practical training must include at least three different piercing procedures listed in Subsection (a) through (h) of this rule:

(a) Piercing of the penis entering through the urethra and exiting on the upper side of the penis (reverse Prince Albert);

(b) Piercing through the corona or ridge of the glans of the penis (dydoe);

(c) Horizontal piercing through the glans of the penis (ampallang);

(d) Vertical piercing through the glans of the penis (apadravya);

(e) Clitoris;

(f) Piercing in which jewelry is inserted below the hood behind the clitoris (triangle);

(g) Any piercing of the female genitals through the urethra; and

(h) Any other genital piercings not listed in specialty level one genital piercing.

(10) Training must be completed in no less than 2 months from the date the Agency issues a specialty level two genital piercing temporary trainee license.

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

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

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

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12; HLA 10-2012, f. & cert. ef. 6-25-12; HLA 1-2013, f. & cert. ef. 1-16-13; HLA 6-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-28-13; HLA 11-2013, f. & cert. ef. 7-1-13

331-905-0040

Application Requirements for Specialty Level One Genital Piercing License

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

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

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

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

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

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

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

(g) Provide documentation of completing a qualifying pathway.

(2) License Pathway 1 — Graduate from an Oregon Licensed Career School for Specialty Level One Genital Piercing must:

(a) Submit official transcript from a specialty level one genital piercing career school under ORS 345 showing proof of completion of required specialty level one genital piercing curriculum as approved by the Agency under OAR 331-905-0005 (1) through (5);

(b) If applicable, pay examination fees;

(c) Submit passing score of the Agency approved standard body piercing written examinations in accordance with OAR 331-900-0060 (2) and (3). Completion of the written examination is not required if the applicant has passed the examinations listed under OAR 331-900-0060 (2) and (3) within two years before the date of application; and

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

(3) License Pathway 2 — Qualification through Specialty Level One Genital Piercing Temporary Trainee License:

(a) Submit documentation approved by the Agency showing proof of having completed required specialty level one genital training listed under OAR 331-905-0005 (6) through (10), and verified by a supervisor approved under OAR 331-905-0055, on a form prescribed by the Agency;

(b) If applicable, pay examination fees;

(c) Submit passing score of the Agency approved standard body piercing written examinations in accordance with OAR 331-900-0060 (2) and (3). Completion of the written examination is not required if the applicant has passed the examinations listed under OAR 331-900-0060 (2) and (3) within two years before the date of application; and

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

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

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

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12; HLA 10-2012, f. & cert. ef. 6-25-12; HLA 1-2013, f. & cert. ef. 1-16-13; HLA 6-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-28-13; HLA 11-2013, f. & cert. ef. 7-1-13

331-905-0050

Application Requirements for Specialty Level Two Genital Piercing License

(1) An individual applying for licensure to practice specialty level two genital piercing must:

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

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

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

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

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

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

(g) Provide documentation of completing a qualifying pathway;

(2) License Pathway 1 — Graduate from an Oregon Licensed Career School for Specialty Level Two Genital Piercing:

(a) Submit official transcript from a specialty level two genital piercing career school under ORS 345 and showing proof of completion of required specialty level two genital piercing curriculum as approved by the Agency under OAR 331-905-0010 (1) through (6);

(b) If applicable, Pay pay examination fees;

(c) Submit passing score of the Agency approved standard body piercing written examinations in accordance with OAR 331-900-0060(2) and (3). Completion of the written examination is not required if the applicant has passed the examinations listed under OAR 331-900-0060(2) and (3) within two years before the date of application; and

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

(3) License Pathway 2 — Qualification through Specialty Level Two Genital Piercing Temporary Trainee License:

(a) Submit documentation approved by the Agency showing proof of having completed required specialty level two genital training listed under OAR 331-905-0010 (7) through (11), verified by a supervisor approved under OAR 331-905-0060 on a form prescribed by the Agency;

(b) If applicable, pay examination fees;

(c) Submit passing score of the Agency approved standard body piercing written examinations in accordance with OAR 331-900-0060(2) and (3). Completion of the written examination is not required if the applicant has passed the examinations listed under OAR 331-900-0060(2) and (3) within two years before the date of application; and

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

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

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

Hist.: HLA 14-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-25-12; HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12; HLA 10-2012, f. & cert. ef. 6-25-12; HLA 1-2013, f. & cert. ef. 1-16-13; HLA 6-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-28-13; HLA 11-2013, f. & cert. ef. 7-1-13

331-905-0080

Written Examination Retake Requirements

Individuals failing the written examination must meet the requirements listed under OAR 331-900-0070 before taking the examination a subsequent time.

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

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

Hist.: HLA 10-2012, f. & cert. ef. 6-25-12; HLA 1-2013, f. & cert. ef. 1-16-13; HLA 6-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-28-13; HLA 11-2013, f. & cert. ef. 7-1-13


Rule Caption: Removes temporary discounts from the Board of Body Art fee structure, 331-940-0000.

Adm. Order No.: HLA 12-2013

Filed with Sec. of State: 7-3-2013

Certified to be Effective: 7-9-13

Notice Publication Date: 6-1-2013

Rules Amended: 331-940-0000

Subject: The Oregon Health Licensing Agency significantly reduced the Board of Body Art Practitioners ending balance as discussed with the Board, the Department of Administrative Services, and the Legislative Fiscal Office. Since March 5, 2012 the Board of Body Art Practitioner’s has waived body piercing written and practical exams, facility applications, original facility licenses and renewals and practitioner renewal fees for licenses issued prior to January 1, 2012. Discounts expire on June 30, 2013.

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

331-940-0000

Fees

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

(2) Fees established by the Oregon Health Licensing Agency are as follows:

(a) Application:

(A) Standard Body Piercing — $50.

(B) Specialty Body Piercing Level 1 — $50.

(C) Specialty Body Piercing Level 2 — $50.

(D) Electrology — $50.

(E) Tattoo — $50.

(F) Reciprocity Per Field of Practice — $150.

(G) Facility — $100.

(H) Mobile Facility — $100.

(I) Event Facility — $100.

(J) Temporary Facility License — $100.

(K) Temporary Practitioner Per Field of Practice — $50.

(L) Standard Body Piercing Trainee — $50.

(M) Ear Lobe Piercing Temporary — $25.

(b) Examination:

(A) Written — $50.

(B) Practical — $100.

(c) Original Issuance of License:

(A) Standard Body Piercing Trainee — $50.

(B) Standard Body Piercing — $50.

(C) Specialty Body Piercing Level 1 — $50.

(D) Specialty Body Piercing Level 2 — $50.

(E) Electrology — $25.

(F) Tattoo — $50.

(G) License for a Field of Practice by Reciprocity — $50.

(H) Facility — $150.

(I) Mobile Facility — $150.

(J) Event Facility:

(i) Up to 100 booths: $725.

(ii) 101 to 200 booths: $1,450.

(iii) 201 to 300 booths: $2,175.

(iv) 301 to 400 booths: $2,900.

(v) 401 to 500 booths: $3,625.

(K) Temporary Practitioner Per Field of Practice — $20.

(L) Temporary Facility — $50.

(M) Earlobe Piercing Temporary — $25.

(d) Renewal of License Online:

(A) Standard Body Piercing — $45.

(B) Electrology — $20.

(C) Tattoo — $45.

(D) Temporary Earlobe — $20.

(E) Body Art Facility — $125.

(F) Mobile Facility License — $125.

(e) Renewal of License Over-the-Counter or Through the Mail:

(A) Standard Body Piercing Trainee — $50.

(B) Standard Body Piercing — $50.

(C) Specialty Body Piercing Level 1 — $50.

(D) Specialty Body Piercing Level 2 — $50.

(E) Electrology — $25.

(F) Tattoo — $50.

(G) Temporary Earlobe — $25.

(H) Temporary Practitioner Per Field of Practice — $20.

(I) Body Art Facility — $150.

(J) Mobile Facility License — $150.

(f) Other administrative fees:

(A) Delinquency — $50 per year, up to three years.

(B) Replacement License — $25.

(C) Duplicate License — $25 per copy with maximum of three.

(D) Affidavit of Licensure — $50.

(E) Information Packets — $10.

(F) Administrative Processing Fee — $25.

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

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

Hist.: HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 4-2012(Temp), f. & cert. ef. 3-5-12 thru 9-1-12; HLA 11-2012, f. & cert. ef. 7-25-12; HLA 8-2013(Temp), f. 6-7-13, cert. ef. 7-1-13 thru 7-8-13; HLA 12-2013, f. 7-3-13, & cert. ef. 7-9-13

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, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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