Oregon Bulletin
Rule
Caption: Amend civil penalty assessment rules.
Amend rules related to practicing as on or an individual with a communicable
disease.
Adm.
Order No.: BOC 4-2011(Temp)
Filed with Sec. of
State: 9-13-2011
Certified to be
Effective: 9-13-11 thru 3-11-12
Notice Publication
Date:
Rules Amended: 817-090-0025, 817-090-0035, 817-090-0045,
817-090-0105, 817-120-0005
Subject: It is necessary to amend OAR 817-090-0025,
817-090-0035, and 817-090-0045 because the agency and the board do not have
statutory authority to assess civil penalties for violations of ORS chapter 676
or OAR chapter 331 under OAR chapter 817.
It is necessary
to amend OAR 817-090-0105 and 817-120-0005 because it is unlawful under the ADA
for a state to prevent an individual from practicing cosmetology based on that
individual’s HIV/AIDS (communicable disease) status.
Rules Coordinator: Samantha Patnode—(503) 373-1917
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 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) or
690.015(2)(e):
(a) Never licensed:
(A) 1st offense: $500;
(B) 2nd offense: $1000;
(C) 3rd offense: $2500
(b) Inactive or expired license:
(A) 1st offense: $200;
(B) 2nd offense: $500;
(C) 3rd offense: $1,000
(c) Certificate, Authorization, or Registration
Suspended or Revoked:
(A) 1st offense: $2,500;
(B) 2nd offense: $5,000;
(C) 3rd offense: Monetary penalty and any other actions
allowed by law including revocation of suspended authorization to practice and
refusal to issue a new authorization to practice to a revoked authorization
holder.
(2) Operating or purporting to operate as an
independent contractor without independent contractor registration or with a
dormant independent contractor registration is a violation of ORS 690.015
(2)(d) or 690.015(2)(e):
(a) 1st offense: $200
(b) 2nd offense: $500
(c) 3rd offense: $1,000
(3) Allowing an uncertified employee or uncertified
individual under a person’s supervision and control to practice in a field of
practice is a violation of ORS 690.015(2)(g):
(a) Employee or individual who has never been
certified:
(A) 1st offense: $500;
(B) 2nd offense: $1,000;
(C) 3rd offense: $2,500
(b) Employee or individual with inactive, suspended,
revoked, or expired certification:
(a) 1st offense: $200
(b) 2nd offense: $500
(c) 3rd offense: $1000
(4) Failing to meet the specifications and standards
required under OAR 817-010-0007 in a facility is a violation of
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 676.992,
690.015, 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; BOC 4-2011(Temp), f. & cert. ef. 9-13-11 thru 3-11-12
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) Performing, attempting to perform, or purporting to
perform services in a field of practice without proper certification,
authorization, registration or permit is a violation of ORS 690.015(2)(a) or
690.015(2)(e).
(a) Certificate, authorization, registration, or permit
inactive or expired:
(A) 1st offense: $200;
(B) 2nd offense: $500;
(C) 3rd offense: $1000.
(b) Certificate, authorization, registration, permit
never held:
(A) 1st offense: $1,000;
(B) 2nd offense: $2,500;
(C) 3rd offense $5,000.
(c) Certificate, authorization, or registration
suspended or revoked:
(A) 1st offense: $2,500;
(B) 2nd offense: $5,000;
(C) 3rd offense: Monetary penalty and any other actions
allowed by law including revocation of suspended authorization to practice and
refusal to issue a new authorization to practice to a revoked authorization
holder.
(2) Performing or attempting to perform 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
(3) 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; BOC 4-2011(Temp), f. &
cert. ef. 9-13-11 thru 3-11-12
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 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 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.
Stat. Auth.: ORS 676.605, 676.615,
676.992, 690.165 & 690.167
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.015, 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; BOC 4-2011(Temp), f. &
cert. ef. 9-13-11 thru 3-11-12
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 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 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.
(5) 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 817-015-0070:
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(6) 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; BOC 4-2011(Temp), f. & cert. ef.
9-13-11 thru 3-11-12
817-120-0005
Practice Standards
(1) Practitioners must be guided by the highest standards of
professional conduct.
(2) Practitioners shall act and practice in a manner which
safeguards the public’s health, safety, and welfare.
(3) All practitioners shall be appropriately clothed while
providing services and shall be subject to public decency laws.
Stat. Auth.: ORS 676.605, 676.615 & 690.165
Stats. Implemented: ORS 676.605, 676.615 & 690.165
Hist.: BH
1-1988, f. & cert. ef. 7-1-88; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH
1-1996, f. 5-31-95, cert. ef. 7-1-96; Renumbered from 817-120-0010, 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 4-2011(Temp), f. & cert. ef.
9-13-11 thru 3-11-12
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.
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