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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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OREGON HEALTH LICENSING AGENCY,
BOARD OF COSMETOLOGY

 

DIVISION 20

LICENSING AND OPERATION OF A FACILITY

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.

(4) The facility license holder may be a facility owner, facility manager, or any other natural person.

(5) 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.

(6) A facility license holder must meet and adhere to all applicable requirements listed under OAR Chapter 817, division 10, 15, 35, 60, 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; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

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;

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

(5) The name of facility; and

(6) If the facility is not operating under the real and true name of each owner the applicant must provide appropriate documentation of being registered with the Secretary of State under ORS 648 including but not limited to a facility operating under a corporation, limited liability corporation or an assumed business name.

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; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

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) Comply with all applicable administrative rules and regulations of the Board and other state agencies regarding health, safety, and infection control standards including those listed in OAR 817-010-0007.

(d) Require each authorization holder working within the facility premises providing services in a field of practice to have the appropriate and required authorization.

(2) All shared or common areas must be clean and sanitary and are the responsibility of each authorization holder.

(3) Each authorization holder at a facility may 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 facility.

(4) When body piercing, electrology or tattoo services are provided in a cosmetology facility, body piercing, electrology or tattoo services must be separated from cosmetology services by a solid barrier to prevent contact with irritants.

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; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

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 unless otherwise specified by rule, in addition to the following:

(1) Have an identifying house number and a sign with the facility name, which matches the one on file with the agency, and 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 operation.

(4) An adequate supply of hot and cold running water must be available. Sinks in the restroom do not qualify as a water source for a facility located within a residence.

(5) A separate entrance is not 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; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-020-0305

Licensed Health Care Facility

(1) Under ORS 690.025(3) the provisions of 690.005 to 690.235 do not apply to persons who are acting under the authority of a hospital or long term care facility licensed under 441.025 or a residential facility licensed under 443.415.

(2) Persons exempt under ORS 690.025(3) are limited to providing well being care and personal hygiene services, including, but not limited to, cutting, shaving, or trimming of hair, beard or mustache, washing, brushing, and combing hair and basic skin and nail care on individuals residing at the hospital or long term care facility licensed under 441.025 or the residential facility licensed under 443.415.

(3) Persons exempt under ORS 690.025(3) are prohibited from providing chemical services, including, but not limited to permanent waving and coloring of hair, temporary hair removal and applying or removing artificial nails.

(4) Persons exempt under ORS 690.025(3) are limited to performing services listed in sub section (2) of this rule on individuals who reside at the hospital or long term care facility licensed under ORS 441.025 or the residential facility licensed under 443.415.

(5) The exemption under ORS 690.025(3) only applies to employees of the hospital or long term care facility licensed under 441.025 or the residential facility licensed under 443.415 and volunteers working under the direct control and supervision of the hospital or long term care facility licensed under 441.025 or the residential facility licensed under 443.415

(6) For the purpose of this rule residential facility means a facility licensed under ORS 443.415 and defined under OAR 411-054-0005(48).

(7) For the purpose of this rule, a hospital or long term care facility means a facility licensed under ORS 442.025 and defined 442.015(13) and 442.015(16).

Stat. Auth.: ORS 690.015, 690.025, 690.035, 690.055, 690.165, 690.205 & 690.225
Stats. Implemented: ORS 690.015, 690.025, 690.035, 690.055, 690.165, 690.205, 690.225 & 442
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 1-2006, f. & cert. ef. 3-15-06; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-020-0325

Temporary Facility

(1) A temporary facility permit holder defined under ORS 690.005 and issued under ORS 690.055, may perform services in a field of practice under ORS 690.005.

(2) The holder of a temporary facility permit must be a natural person.

(3) A temporary facility permit is valid for a limited time not to exceed 30 consecutive calendar days, at settings such as fairs, carnivals or bazaars.

(4) A temporary facility license holder must meet and adhere to all applicable requirements listed under OAR Chapter 817, division 10, 15, 35, 60, 817-020-0007 and if applicable 817-020-0009.

(5) If a facility owner licensed under OAR 817-020-0001 intends to operate a facility on a limited basis, away from the facility address on file with the agency, they must obtain a temporary facility permit.

Stat. Auth.: 2013 OL Ch. 314, 290, 188, ORS 676.580, 676.586, 676.607, 676.615, 690.005, 690.055, 690.105 & 690.123
Stats. Implemented: 2013 OL Ch. 314, 290, 188, ORS 676.580, 676.586, 690.005, 690.025, 690.046, 690.055, 690.105, 690.123 & 690.165
Hist.: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

817-020-0350

Application Requirements for Temporary Facility Permit

(1) For the Agency to issue a temporary facility permit the applicant 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 fees;

(c) Submit proof of being at least 18 years of age. Documentation may include identification listed under OAR 331-030-0000,

(d) Provide a map or directions to the temporary facility if it is in a rural or isolated area;

(e) Provide a list of authorization holders providing services in the temporary facility;

(f) Submit on the application form the name of the temporary facility; and

(2) If the temporary facility is not operating under the real and true name of each owner. The applicant must provide appropriate documentation of being registered with the Secretary of State under ORS 648 including but not limited to a temporary facility operating under a corporation, limited liability corporation or an assumed business name.

Stat. Auth.: 2013 OL Ch. 314, 290, 188, ORS 676.580, 676.586, 676.607, 676.615, 690.005, 690.055, 690.105 & 690.123
Stats. Implemented: 2013 OL Ch. 314, 290, 188, ORS 676.580, 676.586, 690.005, 690.025, 690.046, 690.055, 690.105, 690.123 & 690.165
Hist.: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

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