DIVISION 525
ELECTROLOGY: LICENSE ISSUANCE, RENEWAL AND REACTIVATION
331-525-0000
License Issuance; Renewal
(1) Licensees are subject to the provisions of OAR 331-030-0010 regarding issuance and renewal of a license, and to the provisions of 331-030-0020 regarding authorization to practice, identification and requirements for issuance of a replacement or duplicate authorization.
(2) Renewal payments received by the agency, or postmarked, after the expiration date but within three years of expiration, will be assessed delinquency (late) fees in addition to the renewal fee.
(3) Failure to meet continuing education requirements listed in OAR 331-530-0000 will require reapplication, submission of required fees and successfully passing all sections of the examination before a license will be reissued.
(4) Failure to renew or reactivate a license within three years from the date of expiration will require submitting a new application, required fees and successfully passing the qualifying examination according to provisions of OAR 331, divisions 515 and 520 before a license will be reissued.
Stat. Auth.:
ORS 690.385
Stats.
Implemented: ORS 690.385
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 333-305-0115; HLO 5-2004, f. 6-29-04, cert. ef. 7-1-04; HLA 10-2008,
f. 9-15-08 & cert. ef. 10-1-08
331-525-0020
Display of License
The practitioner and facility license must be posted in public view.
Stat. Auth.: ORS 676.615, 690.380
Stats. Implemented: ORS 676.615, 690.380
Hist.: HD 16-1988, f. & cert. ef. 7-15-88; HD 4-1991, f. 3-15-91,
cert. ef. 4-1-91; HDLP 1-1999, f. 1-26-99, cert. ef. 2-1-99,
Renumbered from 333-305-0140; HLO 5-2004, f. 6-29-04, cert. ef.
7-1-04
331-525-0035
Facility License Issuance and Renewal; Cooperation in Inspections
Beginning on October 1, 2004, all facilities must be licensed to provide electrolysis services prior to operating electrology facilities.
(1) The agency will issue a facility license to qualified persons, as provided in OAR 331-030-0010, if the applicant:
(a) Is at least 18 years of age, if the applicant is a natural person, as required in ORS 690.365(2). If the applicant is an entity other than a natural person, the entity must be formed and operated in accordance with Oregon law;
(b) Has registered with the Corporations Division and designated an assumed business name prior to applying for a facility license (unless doing business under the full name of the owner);
(c) Applies on a form prescribed by the agency and pays the required application and license fees;
(d) Complies will all applicable rules and regulations;
(e) Certifies that application information is correct; and
(f) Meets the specifications for building, fire and plumbing codes as specified in OAR 565-535-0000 and complies with exit and fire standards established by the Building Codes Agency and Office of the State Fire Marshal.
(2) Facility license applicant must provide a map or direction to the business premises if the facility is located in a rural or isolated area, and submit a copy of the spore test results from applicant's autoclave, or submit a signed attestation requesting an exemption under OAR 331-540-0020(2) based on exclusive use of prepackaged sterile electrology equipment, including needles.
(3) A facility license holder must comply with the provisions of OAR 331-030-0010 regarding issuance and renewal of a facility license.
(4) Each facility license holder must:
(a) Allow the agency's enforcement officer to inspect the facility when it is open for business;
(b) Ensure employees cooperate with agency enforcement officers and refrain from impeding an inspection in any way;
(c) Contact the agency in writing to make arrangements for an inspection if the agency has been unable to perform an annual inspection because the facility was closed.
Stat. Auth.: ORS 676.615, 690.360(6), 690.405(12)
Stats. Implemented: ORS 676.615, 690.360(6), 690.405(12)
Hist.: HLO 5-2004, f. 6-29-04, cert. ef. 7-1-04
331-525-0038
Facility Located in Residence
A facility located in a residence must comply with the provisions of OAR 331-525-0035 in addition to:
(1) Have an identifying house number or a sign, 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;
(3) Have an entry that is separate from the entry to the living area of the home. The living area of the home shall 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.
(4) Licensed electrologists operating in their residence prior to July 1, 2004, will not be subject to the requirements listed in subsection (3) of this rule, until such time as a change in the business location is made.
Stat. Auth.: ORS 676.615, 690.360(6), 690.405(12)
Stats. Implemented: ORS 676.615, 690.360(6), 690.405(12)
Hist.: HLO 5-2004, f. 6-29-04, cert. ef. 7-1-04
331-525-0040
Practicing at Location Other Than Named Place(s) of Business
(1) Licensees shall not practice at any location other than the place or places of business listed with the agency. However, licensees may provide services outside the premises of a licensed facility on persons residing in a health care facility or persons confined to their residence through medical disability or restriction.
(2) All licensees who perform services at locations listed in subsections (1) of this rule or at more than one business location shall carry their license with them and post it while working.
Stat. Auth.: ORS 676.615, 690.390, 690.405(9)
Stats. Implemented: ORS 676.615, 690.390, 690.405(9)
Hist.: HD 16-1988, f. & cert. ef. 7-15-88; 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 333-305-0185; HLO 5-2004, f. 6-29-04, cert.
ef. 7-1-04
331-525-0055
Facility License Requirements
(1) A facility shall meet the requirements for a new facility (refer to OAR 331-525-0035) and submit a new facility application and required fees when any of the following conditions exist:
(a) A facility is purchased from the current or previous owner, partnership or corporation. Facility licenses are not transferable from person-to-person or from business-to-business;
(b) There is a change in the legal ownership, partnership or holding of a facility regulated under ORS 690 and OAR 331, such as:
(A) A partner(s) or co-owner(s) is added; or
(B) A partner(s) or co-owner(s) is removed due to the death of a facility owner(s).
(c) An existing facility moves or relocates to a new physical address. Facility licenses are not transferable from location-to-location.
(2) Facility owners closing their facilities shall:
(a) Submit written notice to the agency within five business days of a facility closure, indicating whether the closure is permanent or of a temporary duration. Notice of temporary facility closure shall specify the anticipated date of resuming business operations;
(b) If notice of a permanent facility closure was submitted, and the license holder (same owner) reopens the facility while the license is still in active current status, the facility owner shall submit notice to the agency prior to reopening the facility and resuming business operations/services.
Stat. Auth.: ORS 690.405
Stats. Implemented: ORS 690.405
Hist: HLO 5-2004, f. 6-29-04, cert. ef. 7-1-04
331-525-0060
Demonstration Permit
(1) "Demonstration permit" is an authorization pursuant to ORS 690.405 to practice on a limited basis for a maximum of 30 consecutive calendar days.
(2) A person not licensed under ORS 690.365, who intends to demonstrate, teach or perform electrolysis services temporarily for educational purposes, where services are not performed upon the public, must first obtain a demonstration permit from the agency.
(3) To be granted a demonstration permit, a person must meet the following requirements:
(a) Submit an application on a form prescribed by the agency;
(b) Provide satisfactory evidence of holding a valid license in their state or country.
(c) Describes the purpose for which the permit is sought; and
(d) Pay the required application and permit fees.
(4) The demonstration permit shall specify the period during which the person is permitted to demonstrate, teach or perform services.
Stat. Auth.: ORS 676.615, 690.405
Stats. Implemented: ORS 676.615, 690.405
Hist: HLO 5-2004, f. 6-29-04, cert. ef. 7-1-04
331-525-0065
Temporary Facility Permit
(1) "Temporary facility permit" is an authorization pursuant to ORS 690.405 to operate a facility on a limited basis, not to exceed 30 consecutive calendar days, at locations away from the primary facility, such as fairs, carnivals or bazaars.
(2) A person who intends to operate a facility on a limited basis away from a primary licensed facility must first obtain a temporary facility permit from the agency.
(3) To be granted a temporary facility permit, a person must meet the following requirements:
(a) Be 18 years of age or older, if the applicant is a natural person. If the applicant is an entity other than a natural person, the entity must be formed and operated in accordance with Oregon law;
(b) Apply on forms prescribed by the agency and provide the required information and application fees.
(4) A temporary facility must:
(a) Receive the permit and post the authorization in public view before opening for business;
(b) Comply with the rules of the agency concerning health, safety and infection control;
(c) Comply with the applicable health and safety laws and rules of the agency and any other state agencies;
(d) Pay the required permit fees.
(5) The temporary facility permit shall specify the period during which the permit is valid.
Stat. Auth.: ORS 676.615, 690.405
Stats. Implemented: ORS 676.615, 690.405
Hist: HLO 5-2004, f. 6-29-04, cert. ef. 7-1-04
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