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Oregon Bulletin

November 1, 2011

 

Oregon Health Licensing Agency
Chapter 331

Rule Caption: Streamlines application process for temporary tattoo practitioners, requires current blood-borne pathogens training.

Adm. Order No.: HLA 9-2011

Filed with Sec. of State: 9-29-2011

Certified to be Effective: 10-1-11

Notice Publication Date: 9-1-2011

Rules Amended: 331-565-0090

Subject: The administrative rule change clarifies and streamlines the application process for tattoo artist temporary practitioner permits for those persons wishing to practice the profession in Oregon on a temporary basis, including tattooing conventions. The revision clarifies language for out-of-state applicants who are not familiar with Oregon requirements. This change allows applicants to attest to their qualifying experience on a form approved by the agency, requires current training in blood-borne pathogens, and removes requirement for basic first aid training.

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

331-565-0090

Temporary Practitioner Permit

(1) Temporary practitioner permit is an authorization pursuant to ORS 690.365 to perform permanent color and tattoo services on a limited basis, not to exceed 15 consecutive calendar days. For the purpose of this rule licensed facility means a permanent color or tattoo facility which holds a current valid facility license, mobile facility license, temporary facility permit or event facility permit.

(2) All applications must be received 15 days before permanent color and tattoo services are provided.

(3) A temporary practitioner permit can be renewed up to four times in a 12 month period from the date the agency processes the initial application. Applicants must submit a renewal application on a form prescribed by the agency and meet the qualifications of subsection 9 or 10 of this rule.

(4) All requests to renew must be received 15 days before permanent color and tattoo services are provided unless otherwise approved by the agency.

(5) A temporary practitioner must be attached to an authorized or licensed facility.

(6) A temporary practitioner must notify the agency within 24 hours before services are performed at a new licensed facility during a 15-day active period, unless otherwise approved by the agency.

(7) The applicant and the authorized facility may be held responsible for failure to comply with regulations set forth by ORS 676.612, 690.390, OAR 331, divisions 565, 575, 580 and 585.

(8) To be granted a temporary practitioner permit an applicant must submit an application to the agency, on a form approved by the agency, meet the requirements of OAR 331-030-0000, and pay the required fees. The following information must be provided at the time of application:

(a) Dates when permanent color and tattoo services will be provided;

(b) Name, address, phone number and license number of the licensed facility where permanent color and tattoo services will be provided.

(9) To be granted a temporary practitioner permit an applicant must provide satisfactory evidence of meeting requirements, which includes qualifying criteria listed in one of the following pathways:

(a) Non Credentialed: Applicant must provide satisfactory evidence of successful completion of the following training and experience:

(A) Current training in blood-borne pathogens; and

(C) Attest to six months of training or experience, within the last two years, in performing tattoo or permanent color service on a form prescribed by the agency;

(b) Out of State Licensure: Applicant meets the requirements set forth in OAR 331-555-0040.

(10) For the purpose of this rule training includes attendance or participation at an instructional program presented, recognized, or under the sponsorship of any permanently organized institution, agency, or professional organization or association recognized by the agency.

(11) All applicants must be 18 years of age or older.

Stat. Auth.: ORS 676.605, 676.606, 676.615, 676.608, 676.612, 676.615, 676.617, 676.618, 676.992, 690.355, 690.360, 690.365, 690.370, 690.380, 690.385, 690.390, 690.405, 690.407 & 690.410

Stats. Implemented: ORS 676.605, 676.606, 676.615, 676.608, 676.612, 676.615, 676.617, 676.618, 676.992, 690.355, 690.360, 690.365, 690.370, 690.380, 690.385, 690.390, 690.405, 690.407 & 690.410

Hist.: HLA 3-2010, f. 3-31-10, cert. ef. 4-1-10; HLA 3-2011(Temp), f. & cert. ef. 4-1-11 thru 9-27-11; HLA 9-2011, f. 9-29-11, cert. ef. 10-1-11

 

Rule Caption: Streamlines application process for temporary tattoo practitioners, requires current blood-borne pathogens training.

Adm. Order No.: HLA 10-2011

Filed with Sec. of State: 10-14-2011

Certified to be Effective: 10-15-11

Notice Publication Date: 9-1-2011

Rules Amended: 331-565-0090

Subject: The administrative rule change clarifies and streamlines the application process for tattoo artist temporary practitioner permits for those persons wishing to practice the profession in Oregon on a temporary basis, including tattooing conventions. The revision clarifies language for out-of-state applicants who are not familiar with Oregon requirements. This change allows applicants to attest to their qualifying experience on a form approved by the agency, requires current training in blood-borne pathogens, and removes requirement for basic first aid training.

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

331-565-0090

Temporary Practitioner Permit

(1) Temporary practitioner permit is an authorization pursuant to ORS 690.365 to perform permanent color and tattoo services on a limited basis, not to exceed 15 consecutive calendar days. For the purpose of this rule licensed facility means a permanent color or tattoo facility which holds a current valid facility license, mobile facility license, temporary facility permit or event facility permit.

(2) All applications must be received 15 days before permanent color and tattoo services are provided.

(3) A temporary practitioner permit can be renewed up to four times in a 12 month period from the date the agency processes the initial application. Applicants must submit a renewal application on a form prescribed by the agency and meet the qualifications of subsection 9 or 10 of this rule.

(4) All requests to renew must be received 15 days before permanent color and tattoo services are provided unless otherwise approved by the agency.

(5) A temporary practitioner must be attached to an authorized or licensed facility.

(6) A temporary practitioner must notify the agency within 24 hours before services are performed at a new licensed facility during a 15-day active period, unless otherwise approved by the agency.

(7) The applicant and the authorized facility may be held responsible for failure to comply with regulations set forth by ORS 676.612, 690.390, OAR 331, divisions 565, 575, 580 and 585.

(8) To be granted a temporary practitioner permit an applicant must submit an application to the agency, on a form approved by the agency, meet the requirements of OAR 331-030-0000, and pay the required fees. The following information must be provided at the time of application:

(a) Dates when permanent color and tattoo services will be provided;

(b) Name, address, phone number and license number of the licensed facility where permanent color and tattoo services will be provided.

(9) To be granted a temporary practitioner permit an applicant must provide satisfactory evidence of meeting requirements, which includes qualifying criteria listed in one of the following pathways:

(a) Non Credentialed: Applicant must provide satisfactory evidence of successful completion of the following training and experience:

(A) Current training in blood-borne pathogens; and

(C) Attest to six months of training or experience, within the last two years, in performing tattoo or permanent color service on a form prescribed by the agency;

(b) Out of State Licensure: Applicant meets the requirements set forth in OAR 331-555-0040.

(10) For the purpose of this rule training includes attendance or participation at an instructional program presented, recognized, or under the sponsorship of any permanently organized institution, agency, or professional organization or association recognized by the agency.

(11) All applicants must be 18 years of age or older.

Stat. Auth.: ORS 676.605, 676.606, 676.615, 676.608, 676.612, 676.615, 676.617, 676.618, 676.992, 690.355, 690.360, 690.365, 690.370, 690.380, 690.385, 690.390, 690.405, 690.407 & 690.410

Stats. Implemented: ORS 676.605, 676.606, 676.615, 676.608, 676.612, 676.615, 676.617, 676.618, 676.992, 690.355, 690.360, 690.365, 690.370, 690.380, 690.385, 690.390, 690.405, 690.407 & 690.410

Hist.: HLA 3-2010, f. 3-31-10, cert. ef. 4-1-10; HLA 3-2011(Temp), f. & cert. ef. 4-1-11 thru 9-27-11; HLA 9-2011, f. 9-29-11, cert. ef. 10-1-11; HLA 10-2011, f. 10-14-11, cert. ef. 10-15-11

 

Rule Caption: Amend license cycle for athletic trainers from a two year registration to one year registration.

Adm. Order No.: HLA 11-2011

Filed with Sec. of State: 10-14-2011

Certified to be Effective: 10-15-11

Notice Publication Date: 9-1-2011

Rules Amended: 331-105-0030

Rules Repealed: 331-105-0030(T)

Subject: The Oregon Health Licensing Agency (Agency) is amending several programs’ authorization cycle from a two year cycle to an annual cycle to align with statutory authority. The purpose of the revision is to stabilize revenue streams within the Agency and reduce the economic impact of paying a two year registration fee for initial registrations and renewals. Fees will be decreased by half to help reduce barriers to registration for new registrants.

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

331-105-0030

Fees

(1) Applicants and registrants 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) Registration: $100.

(B) Registration by reciprocity: $150.

(b) Examination — Oregon laws & rules: $50.

(c) Original issuance of registration (including by reciprocity): $225 for one year.

(d) Permits and waivers: $150.

(e) Renewal of registration: $225 for one year.

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

(g) Reinstatement: $150.

(h) Replacement of registration, including name change: $25.

(i) Duplicate registration document: $25 per copy with maximum of three.

(j) Affidavit of licensure: $50.

(k) 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.: 1999 OL Ch. 736, Sec. 5(3) & (4) & Sec. 10

Stats. Implemented: 1999 OL Ch. 736, Sec. 5(3) & (4) & Sec. 10

Hist.: HDLB 2-1996, f. 12-13-96, cert. ef. 1-1-97; HDLP 1-2000(Temp), f. 2-14-00, cert. ef. 2-15-00 thru 8-11-00; Administrative correction 3-16-00; HDLP 3-2000, f. 7-26-00, cert. ef. 8-1-00; HLO 3-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 2-2006, f. 11-30-06, cert. ef. 12-1-06; HLA 3-2008, f. 9-15-08, cert. ef. 10-1-08; HLA 5-2011(Temp), f. & cert. ef. 8-1-11 thru 1-28-12; HLA 11-2011, f. 10-14-11, cert. ef. 10-15-11

 

Rule Caption: Amend license cycle for hearing aid specialists from a two year license to one year license.

Adm. Order No.: HLA 12-2011

Filed with Sec. of State: 10-14-2011

Certified to be Effective: 10-15-11

Notice Publication Date: 9-1-2011

Rules Amended: 331-601-0010

Rules Repealed: 331-601-0010(T)

Subject: The Oregon Health Licensing Agency (Agency) is amending several programs’ authorization cycle from a two year cycle to an annual cycle to align with statutory authority. The purpose of the revision is to stabilize revenue streams within the Agency and reduce the economic impact of paying a two year license fee for initial licenses and renewals. Fees will be decreased by half to help reduce barriers to licensure for new licensees.

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

331-601-0010

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: $125.

(B) Temporary license: $150.

(C) Trainee registration: $100.

(b) Examination:

(A) Oregon laws & rules: $50.

(B) Written: $150.

(C) Practical: $175.

(D) Audiologist: $50.

(c) Original issuance of license:

(A) License: $125 for one year.

(B) Temporary license: $100.

(d) Renewal of license: $125 for one year.

(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, 694.155 & 694.185

Stats. Implemented: ORS 676.605, 676.615, 694.155 & 694.185

Hist.: HD 24-1985(Temp), f. & ef. 10-17-85; HD 33-1985, f. & ef. 12-13-85; HD 8-1990, f. 4-4-90, cert. ef. 4-5-90; HD 14-1990, f. 6-1-90, cert. ef. 7-1-90; HD 17-1990(Temp), f. 6-15-90, cert. ef. 7-1-90; HD 21-1990(Temp), f. & cert. ef. 7-3-90; HD 22-1990, f. & cert. ef. 8-15-90; HD 14-1991(Temp), f. 9-30-91, cert. ef. 10-1-91; HD 21-1991, f. & cert. ef. 12-31-91; HD 18-1997, f. 12-12-97, cert. ef. 12-15-97; OHD 9-1999, f. & cert. ef. 11-15-99; OHD 10-2000, f. & cert. ef. 11-15-00; Renumbered from 333-025-0005, HLO 6-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 6-2008, f. 9-15-08, cert. ef. 10-1-08; HLA 6-2011(Temp), f. & cert. ef. 8-1-11 thru 1-28-12; HLA 12-2011, f. 10-14-11, cert. ef. 10-15-11

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

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

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