The following definitions apply to OAR chapter 817, divisions 1 through 120.
(1) "Adequate ventilation" means ventilation by natural or mechanical methods which removes or exhausts fumes, vapors, or dust to prevent hazardous conditions from occurring in accordance with OAR 437, Division 2 and/or to allow the free flow of air in a room in proportion to the size of the room and the capacity of the room.
(2) "Affidavit of Licensure" means an original document verifying licensing history and status, including information disclosing all unresolved or outstanding penalties and/or disciplinary actions. The document is issued and signed by the regulatory authority in the state which issued the license with an official seal or stamp affixed to the document; it is not the certificate or license form issued which authorizes the holder to practice. Refer to OAR 331-030-0040.
(3) "Agency" means the Oregon Health Licensing Agency. The agency is responsible for the budget, personnel, performance-based outcomes, consumer protection, fee collection, mediation, complaint resolution, discipline, rulemaking and record keeping.
(4) "Approved" means accepted by the Agency, Board of Cosmetology or to the appropriate entity.
(5) "Article" means those items which complement services provided in the practice of barbering, hair design, esthetics or nail technology, including but not limited to neck-strips, neck dusters, towels or linens, and cloth or plastic capes.
(6) "Barbering" has the definition set forth in ORS chapter 690.005.
(7) "Board" means, pursuant to ORS 690.155 and 690.165, the entity that determines practice standards, education and training, and provides consultation to the agency on all disciplinary actions in accordance with ORS 690.167.
(8) "Certificate" means the document authorizing the holder to perform services in a field of practice, i.e. barbering, hair design, esthetics or nail.
(9) "Chemical service" means the use of any product which restructures or removes hair or changes the shape or appearance of skin, hair or nails.
(10) "Common area" means an area of a facility which is used by all practitioners performing services, including, but not limited to reception areas, dispensing areas, sinks, shampoo bowls, hair dryers and hair dryer areas, and employee lounge areas.
(11) "Communicable disease or condition" means diseases or conditions diagnosed by a licensed physician as being contagious or transmittable which include but are not limited to the following:
(d) Meningococcal Disease;
(f) Pertussis (whooping cough);
(h) Poison oak;
(k) Staphylococcal skin infection (boils, infected wounds);
(l) Streptococcal infections (Strep throat);
(m) Tinea (ring worm);
(12) "Demonstration permit" means an authorization as defined in ORS 690.005 to practice on a limited basis for a maximum of 30 consecutive days.
(13) "Director" means the individual who is responsible for the performance of the agency as defined in ORS 676.610. The director appoints all subordinate officers and employees to carry out the duties of the agency.
(14) "Disinfect" means to use a process to destroy harmful organisms, including bacteria, viruses, germs and fungi.
(15) "Dispensing area" means an area having non-porous surfaces and a sink with hot and cold running water where service preparations are conducted, such as mixing of chemicals, cleaning of tools and equipment, disposing of residues and rinsing parts of the body exposed to chemicals.
(16) "Disposable towels" means single-use paper towels or roller-type cloth towels furnished by laundries.
(17) “Educational Institution” means an Oregon high school under ORS 336, Oregon career school licensed under ORS 345 or an Oregon community college under ORS 341.
(18) "EPA" means Environmental Protection Agency, a branch of the Federal Government, which approves and registers chemical compounds and agents.
(19) "Equipment" means those items needed to run a facility which includes but is not limited to waiting chairs, barber or style chairs, shampoo chairs, cabinets, sinks, shampoo bowls, stationary dryers, pedi bins or whirlpool foot spas, paraffin wax containers, and nail technology tables.
(20) "Esthetics" has the definition set forth in ORS 690.005.
(21) "Ethical" means conforming to professional standards of conduct in all occupational practices and in accordance with OAR 817, division 120.
(22) "Exfoliate or exfoliation" means the process of sloughing off, removing, or peeling dead skin cells of the epidermis.
(23) "Facility" has the definition set forth in ORS 690.005.
(24) "Field of practice" has the definition set forth in ORS 690.005.
(25) "Fire retardant container" means an air-tight metal or other approved container recognized by a national testing lab for the use of disposing of chemical waste or storing linens with chemical residue.
(26) "Freelance Authorization" means authorization allowing a practitioner to perform services of barbering hair design, esthetics or nail technology outside of a licensed facility.
(27) "Hair design" has the definition set forth in ORS 690.005, which includes the braiding of hair.
(28) "Health care facility" means a facility as defined by ORS 442.015 (16), such as a hospital, special inpatient care facility, rehabilitation center, center for the treatment of alcoholism or drug abuse, assisted living care or nursing facility, or psychiatric hospital, which is licensed by a state regulatory agency or local governmental unit for the purpose of providing health care services.
(29) "High-level disinfectant" means a chemical agent, which has demonstrated tuberculocidal activity and is registered with the EPA.
(30) "Independent Contractor" means an individual defined in ORS 690.005 who qualifies for a recognized business status under the provisions of ORS 670.600.
(31) "License" has the definition set forth in ORS 690.005.
(32) "Low-level disinfectant" means a chemical agent which has demonstrated bactericidal, germicidal, fungicidal, and limited virucidal activity and is registered with EPA.
(33) "Manicuring" means services performed upon the nails of the hands as part of nail technology defined in ORS 690.005.
(34) "Manipulating" means, as referred to in ORS 690.005 articulation or massage, pressure, friction, stroking, tapping or kneading by manual or mechanical means, with or without lubricants such as salts, powders, liquids or creams, for the purpose of providing skin care.
(35) "Materials and supplies" means those items which complement the use of tools, including but not limited to hair tints, bleaches, permanent wave solutions, tonics, hair oils, shampoos, rinses, disinfectants, and chemicals.
(36) "Nail Technology" has the definition set forth in ORS 690.005, which includes the following:
(a) The application and removal of artificial nails;
(b) The application of mini-art work, etching or imprinting on nails.
(37) "Official transcript" means:
(a) An original document authorized by the appropriate office in the Oregon Department of Education and certified by an educational institution indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, final practical examination scores for each field of practice, enrollment information and a signature by an authorized representative on file with the agency. Original documents must be submitted directly to the agency from the educational institution by United States Postal Service mail or other recognized mail service providers in a sealed envelope; or
(b) A document authorized by the appropriate office in the Oregon Department of Education and certified by an educational institution indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, final practical examination scores for each field of practice, enrollment information and a signature by an authorized representative on file with the agency. Non-original documents shall only be accepted when, and in the manner, approved by the Agency.
(38) "Pedicuring" means services performed upon the nails of the feet as part of nail technology defined in ORS 690.005.
(39) "Permit" means either a demonstration permit as defined in subsection (12) or a temporary facility permit as defined in subsection (46) of this rule.
(40) "Practitioner" has the definition set forth in ORS 690.005.
(41) "Premises" means the entire area of the facility, licensed by the agency and designated as a facility.
(42) "Reasonably accessible" means not more than three minutes travel time from any work location.
(43)"Registration" means an authorization to practice in barbering, hair design, esthetics and/or nail technology as an independent contractor.
(44) "Sanitizing container" means a receptacle, holding a disinfecting agent, which is large and deep enough to submerge the tool(s) or implement(s) or portion(s) thereof, which are to be disinfected.
(45) "Sharp edged or pointed, non-electrical tools and implements" means those items which may on occasion pierce or cut the skin and draw blood, includes razors, cuticle nippers, cuticle pushers, nail clippers, tweezers, comedone extractors, shears, and metal nail files.
(46) "Soiled" means an article that has been used and has not been cleaned or disinfected before use on the next client.
(47) "Temporary facility permit" means an authorization as defined in ORS 690.005, not to exceed 30 consecutive days.
(48) "Tools and implements" means all portable articles and instruments, which the practitioner can carry to use in the performance of services on clients, including but not limited to combs, shears, clippers and yoyettes.
(49) "Work area" means an area where services are performed and preparations are conducted including but not limited to shampoo area, work stations and dispensing area.
Stat. Auth.: ORS 690.165 & 690.205(1)
Stats. Implemented: ORS 690.165 & 690.105(1)
Hist.: BH 2-1978, f. & ef. 11-29-78; BH 1-1982, f. & ef. 1-29-82; BH 2-1982, f. & ef. 3-31-82; BH 1-1983(Temp), f. & ef. 10-4-83; BH 4-1984, f. & ef. 12-7-84; Renumbered from 817-010-0002; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BH 2-1996, f. 6-28-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00: BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2005, f. 6-17-05, cert. ef. 7-1-05; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11
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