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Oregon Bulletin

October 1, 2012

Oregon Health Licensing Agency, Board of Cosmetology, Chapter 817

Rule Caption: Amend civil penalties, repeal communicable disease rules and general maintenance aligning with Agency protocols.

Adm. Order No.: BOC 2-2012

Filed with Sec. of State: 8-31-2012

Certified to be Effective: 9-1-12

Notice Publication Date: 4-1-2012

Rules Adopted: 817-020-0001, 817-020-0007, 817-020-0009, 817-030-0003, 817-035-0048, 817-035-0052, 817-035-0068

Rules Amended: 817-020-0006, 817-035-0010, 817-035-0050, 817-035-0070, 817-035-0090, 817-090-0025, 817-090-0035, 817-090-0045, 817-090-0105, 817-120-0005

Rules Repealed: 817-020-0015, 817-090-0025(T), 817-090-0035(T), 817-090-0045(T), 817-090-0105(T), 817-120-0005(T)

Subject: Adopt, amend and repeal rules to align with Oregon Health Licensing Agency (Agency) standards and principles. Administrative rules have been streamlined to be consistent with statutory authority and Agency protocol.

 Align facility license application requirements for cosmetology. Align with Agency protocols including requiring a “natural person” be the owner of a facility effective the day administrative rules become permanent.

 Repeal requiring a facility located within a residence have a separate entrance.

 Align independent contractor registration and freelance authorization application requirements for cosmetology with the current Agency standard.

 Upon renewal of any facility license issued before January 1, 2013, must meet renewal requirements to renew a cosmetology facility license, including having a natural person be holder (owner) of the license. Corporations, LLC’s and others may have to designate a natural person as the facility license holder who will be responsible for matters within the facility.

 It is necessary to amend OAR 817-090-0025, 817-090-0035,and 817-090-0045 because the Agency and the Board of Cosmetology 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 American with Disabilities Act (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

817-020-0001

Facility License

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

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

(3) The holder of a facility license must be a natural person.

NOTE: A natural person is a living individual human being. The facility license holder may be a facility owner, facility manager, or any other natural person.

(4) A facility license is not transferable; the license is not transferable from person-to-person or from location to location. If an existing facility moves or relocates to a new physical address, the facility license holder must submit a new application and meet requirements of OAR 817-020-0006. A natural person may hold more than one facility license, but must submit a separate application, pay required fees and qualify for a facility license for each location.

(5) A facility license holder must meet all requirements listed under OAR Chapter 817, division 10, 817-020-0007 and if applicable 817-020-0009.

Stat. Auth.: ORS 676.607, 676.612, 676.615, 676.992, 690.057, 690.085, 690.123, 690.165, 690.167, 690.205
Stats. Implemented: ORS 676.607, 676.612, 676.992, 690.046, 690.055, 690.165, 690.085, 690.123
Hist.: BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-020-0006

Application Requirements for Facility Licensure

To obtain a facility license the applicant must meet the requirements of OAR 331 division 30 and submit the following:

(1) 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 fees;

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

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

(4) A list of licensees providing services in the facility;

Stat. Auth.: ORS 676.605, 690.055 & 690.165, 690.205, 690.225
Stats. Implemented: ORS 676.605, 690.055 & 690.165, 690.205, 690.225
Hist.: BH 2-1978, f. & ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; Renumbered from 817-020-0005, 817-020-0011, 817-020-0012, BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-020-0007

Facility Standards

(1) A facility license holder must:

(a) Comply with the notification requirements of OAR 331-010-0040;

(b) Allow the agency’s representative to inspect the facility or conduct an investigation. Obstructing or hindering the normal progress of an investigation or the inspection, threatening or exerting physical harm, or enabling another individual or employee to impede an investigation or inspection may result in disciplinary action pursuant to ORS 676.608 or 690.225.

(c) Contact the agency in writing to make arrangements for an inspection if the agency has been unable to perform an inspection after one year because the facility was closed.

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

(e) Require each practitioner working within the facility premises providing services in a field of practice be licensed with the Agency.

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

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

Stat. Auth.: ORS 676.607, 676.612, 676.615, 676.992, 690.057, 690.085, 690.123, 690.165, 690.167, 690.205
Stats. Implemented: ORS 676.607, 676.612, 676.992, 690.046, 690.055, 690.165, 690.085, 690.123
Hist.: BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-020-0009

Standards for Facilities Located in Residence

A facility located in a residence must comply with all standards listed in OAR chapter 817, division 010 in addition to the following criteria, unless otherwise specified by rule:

(1) Have an identifying house number and a sign with facility name on file with the agency, which is easily visible from the street and indicates the location of the facility;

(2) Be equipped with the structures, accommodations, and equipment which the Agency requires for all facilities; and

(3) The living area of the home must be separated from the facility by solid walls extending from floor to ceiling, with any connecting doors kept closed while the facility is in actual operation.

NOTE: A separate entrance is no longer required for facilities located in a residence.

Stat. Auth.: ORS 676.607, 676.612, 676.615, 676.992, 690.057, 690.085, 690.123, 690.165, 690.167, 690.205
Stats. Implemented: ORS 676.607, 676.612, 676.992, 690.046, 690.055, 690.165, 690.085, 690.123
Hist.: BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-030-0003

Practitioner Certificate in a Field of Practice

(1) A practitioner in a field of practice, licensed under ORS 690.046, may perform services in a field of practice which they have been certified to perform by the Agency and the Board of Cosmetology.

(2) A practitioner certificate is good for two years and becomes inactive on the last day of the month two years from the date of issuance.

Stat. Auth.: ORS 676.607, 676.612, 676.615, 676.992, 690.057, 690.085, 690.123, 690.165, 690.167, 690.205
Stats. Implemented: ORS 676.607, 676.612, 676.992, 690.046, 690.055, 690.165, 690.085, 690.123
Hist.: BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-035-0010

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

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

(2) An individual holding an authorization as defined in OAR 331-010-0000 is subject to the provisions of ORS 690.046, 690.055, 690.057, 690.085, 690.105 and 690.123 for issuance and renewal of an authorization.

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

(a) Renewal application form;

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

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

(a) Renewal application form; and

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

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

(6) LICENSE RENEWAL — FACILITY LICENSE ISSUED PRIOR TO JANUARY 1, 2013. Facilities licensed before January 1, 2013 must renew on a form prescribed by the agency. Upon renewal the facility license holder must be a natural person.

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

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

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

(a) Every two years for renewal; or

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

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

Stat. Auth.: ORS 676.605, 676.615, 690.085 & 690.165
Stats. Implemented: ORS 676.605, 676.615, 690.085 & 690.165
Hist.: BH 2-1978, f. & ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 2-1994(Temp), f. 2-15-94, cert. ef. 3-1-94 thru 8-28-94; Renumbered from 817-040-0008, BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-040-0015, BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2005, f. 6-17-05, cert. ef. 7-1-05; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2008, f. 9-15-08 cert. ef. 10-1-08; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-035-0048

Freelance Authorization

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

(2) A freelance authorization is good for one year and becomes inactive on the last day of the month one year from the date of issuance. Note: a freelance authorization becomes dormant if the freelance authorization is not renewed before becoming inactive.

Stat. Auth.: ORS 676.607, 676.612, 676.615, 676.992, 690.057, 690.085, 690.123, 690.165, 690.167, 690.205
Stats. Implemented: ORS 676.607, 676.612, 676.992, 690.046, 690.055, 690.165, 690.085, 690.123
Hist.: BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-035-0050

Application Requirements for Freelance Authorization

To obtain a freelance authorization an individual must meet the requirements of OAR 331 division 30 and submit the following:

(1) 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 fees;

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

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

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

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

Stat. Auth.: ORS 676.615, 690.048, 690.123 & 690.165
Stats. Implemented: ORS 676.615, 690.048, 690.123 & 690.165
Hist.: BH 4-1984, f. & cert. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, f. & cert. ef. 7-1-94; Renumbered from 817-020-0040; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 2-2008, f. 9-15-08 cert. ef. 10-1-08; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 3-2010(Temp), f. 11-10-10, cert. ef. 11-15-10 thru 5-10-11; BOC 1-2011(Temp), f. & cert. ef. 3-1-11 thru 8-10-11; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-035-0052

Freelance Authorization Standards

(1) A holder of freelance authorization must:

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

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

(c) Comply with the Board’s health, safety, and infection control rules and regulations listed in division 10 of these rules; and

(d) Be subject to random audit to verify compliance with safety, infection control and licensing requirements pursuant to ORS 690.123.

(2) Allow the agency’s representative to conduct an investigation pursuant to ORS 676.608. Obstructing or hindering the normal progress of an investigation, threatening or exerting physical harm, or enabling another individual to impede an investigation may result in disciplinary action pursuant to ORS 676.612 or 676.992 and 331-020-0070.

Stat. Auth.: ORS 676.607, 676.612, 676.615, 676.992, 690.057, 690.085, 690.123, 690.165, 690.167, 690.205
Stats. Implemented: ORS 676.607, 676.612, 676.992, 690.046, 690.055, 690.165, 690.085, 690.123
Hist.: BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-035-0068

Independent Contractor

(1) Pursuant to ORS 690.015(d), a practitioner who provides services within a licensed facility who is not an employee must hold an independent contractor registration.

(2) An independent contractor must meet the criteria for independent contractor status in accordance with ORS 690.035, 690.057, 670.600, and 657.040;

(3) An independent contractor registration is good for one year and becomes inactive on the last day of the month one year from the date of issuance.

NOTE: An independent contractor registration becomes dormant if the registration is not renewed before becoming inactive.

(4) An independent contractor must comply with all applicable rules and regulations of the Board and other state agencies.

(5) An independent contractor registration will be evidence of the practitioner’s qualification to work independent of a facility license holder. The registration is transferable between work locations, provided the agency is given notification as stated in OAR 331-010-0040(3).

Stat. Auth.: ORS 676.607, 676.612, 676.615, 676.992, 690.057, 690.085, 690.123, 690.165, 690.167, 690.205
Stats. Implemented: ORS 676.607, 676.612, 676.992, 690.046, 690.055, 690.165, 690.085, 690.123
Hist.: BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-035-0070

Application Requirements for Independent Contractor Registration

To obtain an independent contractor registration an individual must meet the requirements of OAR 331 division 30 and submit the following:

(1) 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 fees;

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

(3) Proof of holding a current, valid practitioner’s certificate in one or more fields of practice which is active with no current or pending disciplinary action;

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

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

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

Stat. Auth.: ORS 676.615, 690.055, 690.057 & 690.165
Stats. Implemented: ORS 676.615, 690.055, 690.057 & 690.165
Hist.: BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-035-0090

Independent Contractor Standards

(1) An independent contractor must

(a) Allow the agency’s representative to inspect or conduct an investigation pursuant to ORS 676.608 or 690.225. Obstructing or hindering the normal progress of an investigation or the inspection, threatening or exerting physical harm, or enabling another individual or employee to impede an investigation or inspection may result in disciplinary action pursuant to ORS 676.612 or 676.992 and OAR 331-020-0070.

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

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

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

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

Stat. Auth.: ORS 676.615, 690.055, 690.057, 690.085, 690.095, 690.165, 690.225
Stats. Implemented: ORS 676.615, 690.055, 690.057, 690.085, 690.095, 690.165 & 690.225
Hist.: BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

817-090-0025

Schedule of Penalties for Facility and Independent Contractor Registration Violations

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

(1) Operating or purporting to operate a facility without a valid facility license is a violation of ORS 690.015(2)(b) 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 an independent contractor registration or with a dormant independent contractor registration is a violation of ORS 690.015(2)(a), 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) and OAR 817-020-0007 (1)(f).

(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 OAR 817-020-0006 (1)(e) and may result in an emergency suspension of the facility license until the violation is corrected.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165 & 690.167
Stats. Implemented: ORS 676.992, 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; BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

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, permit never held:

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

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

(C) 3rd offense $5,000.

(b) Certificate, authorization, registration, or permit inactive or expired:

(A)1st offense: $200;

(B) 2nd offense: $500;

(C) 3rd offense: $1000.

(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, attempting to perform, or purporting 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, or while not pursuing the prescribed curriculum in which he or she is enrolled as provided in OAR 817-100-0005, is a violation of ORS 690.015(a):

(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; BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

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 OAR 331-020-0060 apply.

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

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

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

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

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

(a) 1st offense: $200

(b) 2nd offense: $500

(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: $200;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165 & 690.167
Stats. Implemented: ORS 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; BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

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 OAR 331-020-0060 apply.

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

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

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

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(3) Failing to wear single-use disposable protective gloves while having scabbed 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, nail technology, or hair reduction services, on the premises of the facility or allow an enforcement officer access to review client records upon request is a violation of OAR 817-015-0065 or OAR 817-015-0070:

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1000.

(6) Failing to maintain required documentation of any FDA manual or mechanical device or equipment, or to provide required documentation upon request is a violation of OAR 817-010-0065(11) 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; BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

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; BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12

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, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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