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The Oregon Administrative Rules contain OARs filed through April 15, 2013
 
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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.

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

817-020-0305

Licensed Health Care Facility

(1) Health care facilities licensed under ORS 441.025 or a residential facility licensed under 443.415 are exempt from facility license requirements as stated in 690.025(3) if services are provided to residents only.

(2) No person acting individually or jointly with any other person shall establish, conduct, maintain, manage or operate a facility defined in ORS 690.005 without a license issued by the Board of Cosmetology. Licensed health care facilities shall comply with the Board's licensing, safety and infection control rules if services regulated under ORS 690 are administered to the general public

(3) The agency may inspect those areas of a licensed health care facility where services are performed if alleged licensing or safety and infection control violations are reported. The agency may investigate the facility in response to a complaint. The agency may report the safety and infection control conditions and results of inspection or investigation to the Department of Human Services, Health Services and/or or other appropriate agencies.

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

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