justicedao/ipfs_state_laws huggingface dataset:
331-905-0100 Standards for Client Services for Specialty Body Piercing (1) A licensee must use a minimum of one pair of disposable gloves for each of the following: (a) Set-up of instruments and skin preparation; (b) During the body piercing procedure; (c) During the post-procedure teardown; (d) During cleaning and disinfection of the procedure area; and (e) During the sterilization process. (2) For the purpose of subsection (2) and (3) of this rule the process for hand washing includes thoroughly washing the hands in warm, running water with liquid soap using friction on all surfaces of the hands and wrists, then rinsing hands and drying hands with a clean, disposable paper towel. (3) A licensee must wash hands before and after a service is provided. Use of antibacterial hand sanitizer before and after a service is prohibited. (4) A licensee must perform hand washing standards including by not limited to when: (a) Leaving the work area; (b) Coming in contact with blood or other potentially infectious materials; and (c) Hands are visibly soiled. (5) Notwithstanding the requirements of subsection (2) and (3) of this rules when using an antibacterial hand sanitizer friction must be applied on all surfaces of the hands and wrists. (6) Use of bar soap is prohibited. Statutory/Other Authority: 676.615, 690.390 & 690.405 Statutes/Other Implemented: 690.390 & 690.405 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 10-2012, f. & cert. ef. 6-25-12
331-905-0115 Informed Consent for Specialty Body Piercing Procedures (1) A licensee must document the verbal explanation and the written informed-consent process in the client’s record. Informed-consent information must include the following: (a) Definition of procedure or process; (b) Risk(s) of procedure or process; (c) Description and risk of adverse outcomes; (d) Alternative procedures and their risks; (e) Documentation of questions asked by the client; (f) Aftercare instructions; and (g) Signature from the licensee and the client. (2) Informed consent, including signatures from the licensee, must be kept in the client record and may be electronically signed and stored. Statutory/Other Authority: 676.615, 690.390 & 690.405 Statutes/Other Implemented: 690.390 & 690.405 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 15-2012(Temp), f. & cert. ef. 10-15-12 thru 4-12-13 HLA 10-2012, f. & cert. ef. 6-25-12
331-905-0120 Initial Jewelry for Specialty Piercing Services (1) A specialty body piercer must meet the following jewelry grade standards for initial piercings unless requirements listed in subsection (2) of this rule are met: (a) Steel that is ASTM F138 compliant or ISO 5832-1 compliant; (b) Steel that is ISO 10993-6, 10993-10, and/or 10993-11 compliant [Note: The EEC Nickel Directive is a regulation that requires a low rate of nickel release for all materials used for costume or fine jewelry, belt buckles, watches, or other metallic accessories with direct skin contact. It does not specify nor prove that a material is safe to wear in the body; therefore, compliance with this directive alone is not sufficient for meeting the APP initial jewelry standards; (c) Titanium (Ti6Al4V ELI) that is ASTM F136 compliant or ISO 5832-3 compliant; (d) Titanium that is ASTM F67 compliant; (e) Solid 14 karat or higher nickel and cadmium free yellow, white, or rose gold; (f) Solid nickel-free platinum alloy ; (g) Niobium (Nb) ; (h) Fused quartz glass, lead-free borosilicate or lead-free soda-lime glass; or (i) Polymers (plastics) as follows: (A) Any plastic material that is ISO 10993-6, 10993-10 and/or 10993-11 compliant and/or meets the United States Pharmacopeia (USP) Class VI material classification; (B) Tygon® Medical Surgical Tubing ND 100-65 or ND 100-80; (C) Polytetrafluoroethylene (PTFE) that is ASTM F754 compliant; (D) All threaded or press-fit jewelry must have internal tapping (no threads on posts); or (E) For body jewelry purposes, surfaces and ends must be smooth, free of nicks, scratches, burrs, polishing compounds and metals must have a consistent mirror finish. (2) A licensee must have a “Mill Test Certificate” for all jewelry used for initial piercings which provides evidence of a specific grade of metal with a code designation from the ASTM or ISO, which must be available on the facility premises. (3) Jewelry used for initial piercings must be disassembled and sterilized before use on each client in accordance with OAR 331-900-0125. (4) Jewelry used during earlobe piercing services defined under OAR 331-900-0000 for an initial earlobe piercing is not required to meet the jewelry grade standards of this rule. (5) The Office may approve other documentation regarding jewelry used for initial piercings that do not meet the requirements of subsection (1) through (3) of this rule. The approved documentation must be available on the facility premises. Statutory/Other Authority: 676.615, 690.390 & 690.405 Statutes/Other Implemented: 690.390 & 690.405 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 15-2012(Temp), f. & cert. ef. 10-15-12 thru 4-12-13 HLA 10-2012, f. & cert. ef. 6-25-12
331-910-0000 Definitions The following definitions apply to OAR chapter 331, division 910: (1) "Affidavit of Licensure" has the meaning set forth in OAR 331-030-0040. (2) “Direct supervision” means a supervisor is onsite and immediately accessible and in view of the practical procedure to provide guidance and instruction to a student or a trainee. (3) “Electrology Training Program” means the Electrology Training Program implemented on April 15, 2023, for Temporary Trainees where a supervisor instructs a trainee. (4) “EPA” means United States Environmental Protection Agency. (5) “FDA” means United States Food and Drug Administration. (6) “Field of practice” has the definition set forth in ORS 690.350. (7) “HECC OCS” means Higher Education Coordinating Commission Oregon Career School licensed under ORS 345 and OAR 715 division 45 where a teacher instructs a student. (8) "High-level disinfectant" means a chemical agent, registered with the EPA, which has demonstrated tuberculocidal activity. (9) “Indirect supervision” means a supervisor is onsite and immediately accessible and available to provide guidance and instruction to the trainee. A supervisor is not required to be in view of the procedure when providing indirect supervision. (10) "Instruments" means equipment used during electrology services. Types of instruments include but are not limited to needles (filaments) and tweezers. (11) “Office” means Health Licensing Office. (12) "Official transcript" means a document authorized and certified by a HECC OCS indicating the following information for an applicant: information clearly identifying the applicant including first and last name, the field of practice enrolled under, date the applicant enrolled and completed the program, specific hours the applicant obtained in a field of practice including theory and practical hours, final practical examination scores for the field of practice, and a signature from an authorized representative on file with the Office. Original documents must be submitted directly to the Office from the HECC OCS by United States Postal Service mail, email, or fax. (13) “Supervisor” means an individual who meets requirements under OAR 331-910-0023 and OAR 331-910-0024 to provide instruction for the Electrology Training Program implemented on April 15, 2023, and who provides direct and indirect supervision to trainees. (14) “Teacher” means an individual registered with the Higher Education Coordinating Commission to teach the Electrology Curriculum implemented on April 15, 2023. (15) “Trainee” means an individual licensed as an electrology temporary trainee under OAR 331-910-0021. Statutory/Other Authority: ORS 345, 676.568, 676.615, 690.365, 690.390, 690.410, 690.350 & 690.405 Statutes/Other Implemented: 690.365, 690.390, 690.410, 690.350 & 690.405 History: HLO 1-2023, amend filed 04/06/2023, effective 04/15/2023 HLO 1-2017, f. & cert. ef. 1-6-17 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-910-0010 Electrology Temporary License - Limited Basis (1) An electrology temporary license is a temporary license, issued on a limited basis, to perform electrology services (guest spots, instruction) not to exceed 30 consecutive calendar days. An electrology temporary license holder: (a) May renew the license up to two times, in a 12-month period from the date the Office receives the initial application. License renewals can be done consecutively with no lapse in active license dates; (b) Must submit all requests to renew a license on a form prescribed by the Office. The completed form must be accompanied by payment of the required renewal fee. Requests to renew a license must be received at least 20 calendar days before electrology services are provided, unless the requested renewal period is consecutive to the previously authorized period with no lapse in active license; (c) Must submit notification of a change in work location at least 24 hours before services are performed; and (d) Must work in a licensed body art facility. (2) An electrology temporary license holder must adhere to standards within OAR 331-910-0065, 331-910-0070, 331-910-0075, 331-910-0080, 331-910-0085 and all applicable rules listed in OAR 331 division 925. Statutory/Other Authority: 690.568, 676.572, 676.576, 676.615, 690.350 & 690.405 Statutes/Other Implemented: 690.350 & 690.405 History: HLO 1-2023, amend filed 04/06/2023, effective 04/15/2023 HLO 1-2017, f. & cert. ef. 1-6-17 HLA 15-2013, f. 12-30-13, cert. ef. 1-1-14 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 15-2012(Temp), f. & cert. ef. 10-15-12 thru 4-12-13 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-910-0015 Application Requirements for Electrology Temporary License – Limited Basis An individual applying for an electrology temporary license for a limited basis must: (1) Meet the requirements of OAR 331, division 30; (a) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000, including one form of government issued identification which must be photographic and show proof of being 18 years of age. The completed application must be accompanied by payment of the required application and license fees and must be received at least 20 calendar days before electrology services are provided to clients; and (b) Attest to six months of training or experience, within the last two years, pertaining to performing electrology on a form prescribed by the Office. (2) For the purpose of this rule training or experience includes attendance or participation at an instructional program presented, recognized, or under the sponsorship of any permanently organized institution, agency, or professional organization or association recognized by the Office. (3) All applications received after the required 20th calendar day deadline will not be accepted by the Office unless otherwise approved. Statutory/Other Authority: 676.568, 676.615, 690.350 & 690.405 Statutes/Other Implemented: 690.350 & 690.405 History: HLO 1-2023, amend filed 04/06/2023, effective 04/15/2023 HLO 1-2017, f. & cert. ef. 1-6-17 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-910-0020 Electrology License (1) An electrologist, licensed under ORS 690.365, may perform electrology services. (2) An electrologist license is good for one year and becomes inactive on the last day of the month one year from the date of issuance. (3) An electrology license holder must adhere to standards within OAR 331-910-0065, 331-910-0070, 331-910-0075, 331-910-0080, 331-910-0085 and all applicable rules listed in OAR 331 division 925. Statutory/Other Authority: 676.568, 676.615, 676.572, 676.576, 690.350, 690.365, 690.405, 690.370 & 690.407 Statutes/Other Implemented: 676.572, 676.576, 690.350, 690.365, 690.405 & 690.370 History: HLO 1-2023, amend filed 04/06/2023, effective 04/15/2023 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-910-0021 Electrology Temporary Trainee License (1) A trainee license allows an individual to participate in the Electrology Training Program pursuant to OAR 331-910-0007. (2) A trainee license is valid for one year and may be renewed two times. (3) An individual holding a trainee license under this rule may provide electrology services under the supervision of a supervisor. (4) An individual holding a trainee license under this rule may not provide electrology services unless the services are being performed under the appropriate direct or indirect supervision. (5) Before providing electrology services, a trainee must inform the client that they are a trainee working under supervision and document this information in the client record. (6) A trainee must work in a licensed facility in accordance with ORS 690.365 and OAR 331, division 925. (7) A trainee must notify the Office prior to changing supervisors within 15 calendar days. (8) A trainee must adhere to all standards within OAR 331-910-0065, 331-910-0070, 331-910-0075, 331-910-0080, 331-910-0085, and all applicable rules listed in OAR 331 divisions 925. Statutory/Other Authority: 676.568, 676.615, 676.572, 690.350, 690.405 & 690.390 Statutes/Other Implemented: 676.572 & 690.350 History: HLO 1-2023, adopt filed 04/06/2023, effective 04/15/2023
331-910-0022 Application Requirements for Electrology Temporary Trainee License An individual applying for an electrology temporary trainee license must: (1) Meet the requirements of OAR 331, division 30; (2) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of all required fees; (3) Submit proof of being at least 18 years of age; acceptable forms of identification listed under OAR 331-030-0000; and (4) Submit proof of having a high school diploma or equivalent education. Statutory/Other Authority: 676.568, 676.572, 676.576, 676.615, 690.350 & 690.405 Statutes/Other Implemented: 690.350 & 690.405 History: HLO 1-2023, adopt filed 04/06/2023, effective 04/15/2023
331-910-0023 Electrology Supervisor (1) While practical procedures are being performed by the trainee under direct supervision, the supervisor-to-trainee ratio is one supervisor to four trainees at one time. (2) A supervisor may have more than four trainees while practical procedures are being performed under indirect supervision (3) A supervisor must provide direct supervision, to a trainee when electrology services listed under OAR 331-910-0007(4)(a) through (d) are being performed. (4) A supervisor must provide indirect supervision, to a trainee when electrology services listed under OAR 331-910-0007(4)(e) are being performed. (5) A supervisor must exercise management, guidance, and control over the electrology services of the trainee and must exercise professional judgment when providing training, direct supervision, and indirect supervision to the trainee. A supervisor is responsible for all matters relative to a trainee’s electrology services. (6) A supervisor must document work done by the trainee on a form prescribed by the Office and must maintain the records of training for the trainee, including but not limited to, trainee tracking forms, certification of training and examination form for a minimum of two years following completion of training. (7) If a trainee has more than one supervisor, one supervisor must be designated as the primary supervisor to that trainee. The primary supervisor is responsible for receiving and maintaining the records of training from all supervisors for the trainee, including but not limited to, trainee tracking forms, certification of training and examination form for a minimum of two years following completion of training. (8) A supervisor must provide the trainee with their records of training including but not limited to trainee tracking forms, certification of training and examination scores regardless of whether the trainee completes the training program. (9) A supervisor must ensure that before electrology services are performed the trainee must inform the client they are in training and working under supervision and document this information in the client record. (10) A supervisor must notify the Office in writing within 15 calendar days if the supervisor is no longer supervising a trainee and must provide to the Office the number of hours of training and any examination scores the trainee completed on a form prescribed by the Office. (11) Notwithstanding any other disciplinary actions, the Office may withdraw a licensee’s supervisor status for providing incomplete or inadequate training or falsifying documentation. Statutory/Other Authority: 676.568(1)(e), (i), (q), and (t), 676.615, 690.350, 690.360(1)(f), 690.390, 690.405(1)(a), (b), (c), (e), and (j), 690.407 & 690.410(1) Statutes/Other Implemented: 690.350, 690.360(1)(f), 690.390, 690.405(1)(a), (b), (c), (e), and (j) & 690.407 History: HLO 1-2023, adopt filed 04/06/2023, effective 04/15/2023
331-910-0024 Requirements for Electrology Supervisor An individual holding an electrology license under ORS 331-910-0025 may apply to become a supervisor for purposes of the Electrology Training Program. (1) To obtain Office approval as a supervisor for a trainee, an individual must: (a) Submit a completed form prescribed by the Office, which must contain the information listed in OAR 331-030-0000; (b) Hold an active Oregon electrology license with no current or pending disciplinary action; and (c) Attest to having been actively practicing electrology for at least two-years before the date of application. (2) A licensee may not provide direct or indirect supervision to a trainee until the Office has issued notification that the licensee is approved to be a supervisor. Statutory/Other Authority: 675.568, 676.615, 676.572, 690.350, 690.390 & 690.405 Statutes/Other Implemented: 690.350, 690.390 & 690.405 History: HLO 1-2023, adopt filed 04/06/2023, effective 04/15/2023
331-910-0030 Approved Examination for Electrology (1) Written examination: The Office recognizes approved written examination for electrology. (2) Practical examination: The Office recognizes and approves the Practical Examination Objectives and Scoring Criteria implemented on April 15, 2023, as the approved practical examination. (3) The Oregon Laws and Rules examination related to safety and infection control requirements implemented on April 15, 2023, for electrology administered by the Office. (4) The practical examination listed in subsection (2) of this rule must be administered at a HECC OCS authorized to teach the Electrology Approved Curriculum implemented on April 15, 2023, listed in OAR 331-910-0005 or by a supervisor who is authorized to provide the Electrology Training Program, listed in OAR 331-910-0007. (5) The Office may review any approved or administered examination, including written objectives and practical examination assessments, upon request. (6) If the examination the applicant took prior to applying for Oregon licensure is substantially equivalent to the examinations listed in this rule, the Office may waive an examination, pursuant to ORS 690.405. Statutory/Other Authority: 676.615, 690.365, 690.370, 690.405 & 676.568 Statutes/Other Implemented: 690.365, 690.370 & 690.405 History: HLO 1-2023, amend filed 04/06/2023, effective 04/15/2023 HLO 16-2022, amend filed 09/26/2022, effective 09/26/2022 HLO 5-2022, temporary amend filed 03/29/2022, effective 04/01/2022 through 09/27/2022 HLO 1-2017, f. & cert. ef. 1-6-17 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-910-0035 General Examination Information (1) To be eligible for an examination administered by the Office, an applicant must meet identification requirements listed under OAR 331-030-0000. (2) Examination candidates may be electronically monitored during the course of an examination. (3) Examination candidates must adhere to the maximum time allowance for each section of the examination, as established by the Office. (4) Examination candidates are prohibited from taking items and devices into examination areas, including but are not limited to notes, textbooks, notebooks, electronic equipment communication devices or any other items or devices the Office deems inappropriate. (5) Candidate conduct that interferes with the examination may result in the candidate’s disqualification during or after the examination, the candidate’s examination being deemed invalid, and forfeiture of the candidate’s examination fees. Such conduct includes but is not limited to: (a) Directly or indirectly giving, receiving, soliciting, and attempting to give, receive or solicit aid during the examination process; (b) Violations of this rule; (c) Removing or attempting to remove any examination-related information, notes or materials from the examination site; (d) Failing to follow directions relative to the conduct of the examination; and (e) Exhibiting behavior that impedes the normal progress of the examination. (6) If the candidate is disqualified from taking the examination or the candidate’s examination is deemed invalid for reasons under this rule, the candidate may be required to reapply, submit additional examination fees, and request in writing to schedule a new examination date, before being considered for another examination opportunity. Statutory/Other Authority: 676.568, 676.615, 690.350, 690.365, 690.407, 690.370 & 690.405 Statutes/Other Implemented: 690.350, 690.365, 690.370 & 690.405 History: HLO 1-2023, amend filed 04/06/2023, effective 04/15/2023 HLO 1-2017, f. & cert. ef. 1-6-17 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-910-0045 Practical Examination Retake Requirements A student or trainee may retake a practical examination through a HECC OCS authorized to teach the Electrology Approved Curriculum listed under OAR 331-910-0005 or by a supervisor who is authorized to teach the Training Program listed in OAR 331-910-0007. Statutory/Other Authority: 676.568, 676.615, 690.350, 690.365, 690.370 & 690.405 Statutes/Other Implemented: 690.350, 690.365, 690.370 & 690.405 History: HLO 1-2023, amend filed 04/06/2023, effective 04/15/2023 HLO 1-2017, f. & cert. ef. 1-6-17 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12