The Oregon Administrative Rules contain OARs filed through January 15, 2010

OREGON HEALTH LICENSING AGENCY

331-505-0000

Definitions

The definitions of terms used in ORS 690.350 to 690.430 and 690.992 and the rules of OAR chapter 331, divisions 500 through 590, are:

(1) "Advisory Council" means, pursuant to ORS 690.425, the entity that advises the agency in matters relating to the practice of electrology, permanent coloring and tattooing in accordance with 690.430. The agency director controls the regulatory operations and has decision-making authority on all substantive matters.

(2) "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.

(3) "Antiseptic" means product used to stop or inhibit the growth of bacteria.

(4) "Clean" means the absence of soil and dirt by washing, sweeping, clearing away, or any other appropriate method rendering a sanitary condition.

(5) "Closed book" means without aid from or availability of written material.

(6) "Director" means the individual who is responsible for the performance of the agency under ORS 676.610. The director appoints all the subordinate officers and employees to carry out the duties of the agency.

(7) "Easily accessible" means unrestricted use or availability, easy to approach or enter.

(8) "Enclosed storage area" means separate room, closet, cupboard or cabinet.

(9) "Equivalent" means comparable but not identical, covering the same subject matter.

(10) "Facility" means an establishment in which a licensee(s) performs electrolysis, permanent coloring or tattooing, or any combination thereof.

(11) "Health Licensing Office" means agency.

(12) "High-level disinfectant" means a chemical agent, which has demonstrated tuberculocidal activity and is registered with the Environmental Protection Agency.

(13) "Incompetence" includes, but is not limited to, a demonstrated lack of ability or fitness to perform.

(14) "Linens" means cloths or towels used for such things as draping or protecting table.

(15) "Low-level disinfectant" means a chemical agent, which has demonstrated bactericidal, germicidal, fungicidal and limited virucidal activity and is registered with Environmental Protection Agency.

(16) "Official transcript" means an original document certified by a licensed or accredited school indicating hours and types of course work, examinations and scores that the student completed. The transcript must be mailed or delivered directly from the school to the agency by one of the following methods:

(a) Regular USPS mail service;

(b) Recognized mail service provider, such as UPS or FEDEX;

(c) Authorized courier;

(d) Electronic or facsimile transmission to specified agency email address and/or FAX number.

(17) "One year of work experience" means employment consisting of a 40-hour work week for a minimum of 50 consecutive weeks during a 12 month period or a cumulative total of 2,000 clock hours within a 24 month period.

(18) "Operatory" means isolated area where treatment or services are provided.

(19) "Part-time experience" means engaging in practice for a period of at least 24 weeks or l,000 hours during a 12 month time period.

(20) "Photographic identification" means an official document issued by a recognized governmental agency or entity, including but not limited to a valid driver's license, passport, health identification card, or other document which contains personal information pertaining to the individual, a photograph and signature.

(21) "Place or places of business" means the physical location where services are performed or will be performed.

(22) "Premises" means the entire building or structure within which services are performed.

(23) "Probation" means continuation of licensure under conditions set by the agency.

(24) "Protective gloves" means gloves made of vinyl, latex or "Nitrile".

(25) "Public view" means open to view and easy for the public to see, located in the operatory/treatment area, or waiting/lobby area at the place of business.

(26) "Reactivate" means to change an expired license to an active license.

(27) "Reciprocity" means that an applicant, holding an active certificate or license in another state, meets the qualifications and requirements for licensure based on satisfactory completion of education, training, and/or work experience determined equivalent to Oregon standards, and further that the applicant has demonstrated competency by satisfactory completion of a national or state written and/or practical examination recognized or approved by the agency.

(28) "Renew" means to extend a current license for two years beyond expiration or to bring an expired license to current, active status.

(29) "Residence address or place(s) of business" means a street, route or location address, not a post office box.

(30) "Sharps" means any object that can penetrate the skin, including but not limited to needles, scalpel blades, lancets, glass tubes, or other instruments that could be broken during handling, and syringes that have been removed from their original sterile containers.

(31) "Sharps container" means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation and disposal. The container must be red and labeled with the "Biohazard" symbol.

(32) "Single Use" means products or items that are disposed of after each use, including but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings.

(33) "Sterilization" means destruction of all forms of microbiotic life, including spores.

(34) "Suspend" refers to two distinct meanings defined by statute: ORS 690.385(2) pertaining to voluntary license expiration, and ORS 676.612 pertaining to disciplinary action.

(35) "Under direct supervision of a physician" means employed by and working in the office of a physician, with treatment ordered by and reimbursed to the physician.

Stat. Auth. : ORS 676.615 & 690.405(9)
Stats. Implemented: ORS 676.615 & 690.405
Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 4-1991, f. 3-15-91, cert. ef. 4-1-91; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99, Renumbered from 333-305-0020; HLO 5-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2008, f. 9-15-08 & cert. ef. 10-1-08

331-505-0010

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) Practitioner license -- Permanent color and tattoo: $100.

(B) Practitioner license -- Electrology: $50.

(C) Practitioner license by reciprocity -- Permanent color and tattoo: $150.

(D) Practitioner license by reciprocity -- Electrology: $150.

(E) Facility license -- Permanent color and tattoo: $150.

(F) Facility license -- Electrology: $100.

(G) Temporary facility license: $100.

(H) Demonstration permit: $100.

(b) Examination:

(A) Permanent color and tattoo -- Oregon laws & rules: $50.

(B) Permanent color and tattoo -- Written: $50.

(C) Permanent color and tattoo -- Skills assessment: $100.

(D) Electrology -- Oregon laws & rules: $50.

(E) Electrology -- Written: $50.

(F) Electrology -- Practical: $100.

(c) Original issuance of authorization to practice:

(A) Practitioner license -- Permanent color and tattoo (including by reciprocity): $125.

(B) Practitioner license -- Electrology (including by reciprocity): $50.

(C) Facility license -- Permanent color and tattoo: $125.

(D) Facility license -- Electrology: $100.

(d) Permits:

(A) Temporary facility: $50.

(B) Demonstration: $50.

(e) Renewal of authorization to practice:

(A) Practitioner license -- Permanent color and tattoo: $100.

(B) Practitioner license -- Electrology: $38.

(C) Facility license -- Permanent color and tattoo: $100.

(D) Facility license -- Electrology: $100.

(f) Other administrative fees:

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

(B) Replacement of license, including name change: $25.

(C) Duplicate license document: $25 per copy with maximum of three.

(D) Affidavit of licensure: $50.

(E) 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 & 690.415
Stats. Implemented: ORS 676.605, 676.615 & 690.415
Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 4-1991, f. 3-15-91, cert. ef. 4-1-91; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; OHD 14-1998, f. 12-9-98, cert. ef. 12-15-98; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99, Renumbered from 333-305-0155; HLO 5-2004, f. 6-29-04, cert. ef. 7-1-04; HLO 8-2004(Temp), f. & cert. ef. 8-20-04 thru 2-16-05; HLO 9-2004, f. 10-25-04, cert. ef. 11-1-04; HLA 2-2007, f. & cert. ef. 3-30-07, cert. ef. 4-1-07; HLA 10-2008, f. 9-15-08 & cert. ef. 10-1-08

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