justicedao/ipfs_state_laws huggingface dataset:
817-010-0008 Servicing Clients When providing services in a field of practice an authorization holder must: (1) Perform thorough hand washing with soap and water or other alternative hand-washing products, such as gel, aerosol spray, foam, or packaged hand wipes, immediately before and after serving each client to prevent cross contamination and exposure to blood or other potentially infectious materials. (2) Wear single-use disposable protective gloves when performing a service or procedure that routinely involves exposure to blood or other potentially infectious materials. (3) Wear eye goggles, shields or a mask if spattering is likely to occur while services are being performed. (4) Dispose of refuse and waste materials that come in contact with blood or other potentially infectious materials according to provisions of OAR 817-010-0060. Statutory/Other Authority: ORS 690.165, ORS 690.225 & ORS 690.205 Statutes/Other Implemented: ORS 690.165, ORS 690.225 & ORS 690.205 History: BOC 5-2024, adopt filed 06/29/2024, effective 07/01/2024
817-010-0014 Water Supply Requirements and Standards (1) An adequate and immediate supply of both hot and cold running water and wash basins must be available: (a) On the facility premises; and (b) In any work area where hazardous materials are in use, that may have a harmful effect on or be absorbed through the skin if the contamination is not removed. (2) Sinks located in a restroom do not qualify as a water source for the facility. (3) Notwithstanding subsection (2) of this rule, if only natural hair care services are provided within the facility, a sink located in the restroom qualifies as a water source. (4) Washing accommodations must be maintained in a clean and sanitary condition. (5) Hand soap or similar cleansing agents must be available. (6) Individual towels of cloth or paper must be available. Air blowers for drying the hands may be substituted for towels. (7) Use of bar soap or a common towel or cloth is prohibited. Statutory/Other Authority: ORS 690.205, ORS 690.165, ORS 690.055 & ORS 676.615 Statutes/Other Implemented: ORS 690.205, ORS 690.165 & ORS 690.055 History: BOC 3-2019, amend filed 12/06/2019, effective 01/01/2020 BOC 1-2013, f. 12-30-13, cert. ef. 1-1-14 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90, Renumbered from 817-010-0016(1) & (2) BH 1-1988, f. & cert. ef. 7-1-88 BH 4-1984, f. & cert. ef. 12-7-84 BH 2-1978, f. & cert. ef. 11-29-78
817-010-0021 Restroom/Toilets and Water Disposal (1) Restrooms must be available for employees. The restroom must be on the facility premises or in an adjoining premise which is reasonably accessible from any work area. (2) All restrooms on facility premises must be kept clean, sanitary and in proper working order at all times. (3) All liquid waste from toilets and sinks must be discharged directly into a public sewer or, in the absence of a public sewer, by method meeting the requirements of ORS Chapter 454 (sewage treatment and disposal systems). Statutory/Other Authority: ORS 690 History: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90, Renumbered from 817-010-0026 BH 1-1988, f. & cert. ef. 7-1-88 BH 4-1984, f. & cert. ef. 12-7-84 BH 2-1978, f. & cert. ef. 11-29-78
817-010-0035 Towels or Linens An authorization holder must: (1) Use clean towels or linens for each client. (2) Store clean towels and linens in a clean area. (3) Use closable containers large enough and sturdy enough to store all soiled towels or linens. (4) Store chemically soiled towels or linens in fire-retardant containers. (5) Launder towels or linens by a regular commercial laundering or by a non-commercial laundering process, which includes use of commercial laundry detergent manufactured for the purpose of cleaning clothes, linens or other washable fabric, and immersion in hot water during the hot water wash/rinse operation. Statutory/Other Authority: ORS 690.205 Statutes/Other Implemented: ORS 690.205 History: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00 BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 1-1988, f. & cert. ef. 7-1-88 BH 4-1984, f. & ef. 12-7-84 BH 2-1978, f. & ef. 11-29-78
817-010-0040 Articles in Contact with a Client (1) A neck strip or towel must be placed around the client's neck to prevent direct contact between a common use hair cloth or cape and the client's skin. (2) All items which come in direct contact with the client's skin but do not require disinfecting must be clean. (3) All articles which come in direct contact with the client's skin and cannot be cleaned or disinfected must be disposed of in a covered waste receptacle immediately after use. Statutory/Other Authority: ORS 690.205 Statutes/Other Implemented: ORS 690.205 History: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 4-1984, f. & ef. 12-7-84 BH 2-1978, f. & ef. 11-29-78
817-010-0055 Materials in Contact with a Client and Use of Paraffin Wax (1) All substances that come in direct contact with hair or skin, including wax, used within a field of practice must be dispensed from containers in a manner that prevents contaminating of the unused portion. (2) Substances that are applied to and then removed from a client’s skin must be applied in such a manner that prevents contamination of the substance remaining in the bath or container, such as application with a single use spatula, or disposal of any used substance. This includes but is not limited to: hair-removal waxes, pastes and gels; wax skin treatments; and nail powders and liquids. (3) All substances must be covered when not in use and maintained at a temperature specified by the manufacturer’s instructions. (4) All substances must be free of debris and foreign objects. (5) All substances must be disposed of immediately after use in accordance with OAR 817-010-0060. Statutory/Other Authority: ORS 690.205, ORS 690.165, ORS 690.055 & ORS 676.615 Statutes/Other Implemented: ORS 690.205, ORS 690.165 & ORS 690.055 History: BOC 3-2019, amend filed 12/06/2019, effective 01/01/2020 BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 1-1988, f. & cert. ef. 7-1-88 BH 4-1984, f. & ef. 12-7-84 BH 2-1978, f. & ef. 11-29-78
817-010-0060 Refuse and Waste Material (1) All chemical waste material must be disposed of in a closed container at the conclusion of each service and disposed of in a fire-retardant container at the end of each business day. (2) All waste related to the performance of services must be disposed of in a covered container to avoid cross-contamination with blood or other potentially infectious materials. (3) All waste unrelated to performance of services must be disposed of in a covered waste disposal container. Containers located in the reception area, which do not contain waste relating to performance of services, are exempt from having covers. (4) All outer surfaces of waste disposal containers must be kept clean. (5) All waste that contains blood or other potentially infectious materials must be disposed of in a glove or plastic bag and then disposed of in a covered container with a garbage liner immediately following the service. (6) All disposable, sharp-edged or pointed, nonelectrical tools and implements that come in direct contact with blood or other potentially infectious materials must be disposed of in a sharps container that is a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal. The container must be labeled with the "biohazard" symbol. (7) Sealable plastic bags and biohazard labels, if applicable, must be available on the facility premises at all times when services are being performed; (8) All used wax must be disposed of and removed from the facility at the end of each business day. Statutory/Other Authority: ORS 690.205, ORS 690.055, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.205, ORS 690.055 & ORS 690.165 History: BOC 3-2019, amend filed 12/06/2019, effective 01/01/2020 BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 1-1988, f. & cert. ef. 7-1-88 BH 4-1984, f. & ef. 12-7-84 BH 2-1982, f. & ef. 3-31-82 BH 2-1978, f. & ef. 11-29-78
817-010-0069 Disinfecting Electrical Tools and Implements (1) All electrical tools and implements, with the exception of clipper blades, must be disinfected before each use. To disinfect electrical tools and implements: (a) Remove all hair and all foreign material; (b) Disinfect with a low-level disinfectant used according to the manufacturer's instructions. (2) Electrical clipper blades must be disinfected before each use. The method is as follows: (a) Remove all hair and all foreign material; (b) Completely saturate clipper blade with a high-level disinfectant solution, spray, or foam used according to the manufacturer's instructions. (3) Electrical clipper blades may be sterilized, using one of the approved methods listed in OAR 817-010-0065(5)(b) or (c). Statutory/Other Authority: ORS 676.605, 690.165 & 690.205 Statutes/Other Implemented: ORS 676.605, 690.165 & 690.205 History: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90
817-010-0075 Storage of Tools and Implements (1) New, disinfected and cleaned tools and implements must be stored separately from all others. (2) Roller-storage receptacles and their contents must be clean and free of foreign material. (3) All storage drawers used for clean tools and implements must be clean, free of hair and used only for clean tools and implements. (4) Storage cabinets, work stations and vanities must be kept clean. Statutory/Other Authority: ORS 676.605, 690.165 & 690.205 Statutes/Other Implemented: ORS 676.605, 690.165 & 690.205 History: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02 Reverted to BH 1-1996, f. 5-31-96, cert. ef. 7-1-96 BOC 4-2001(Temp), f. & cert. ef. 11-1-01 thru 4-29-02 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 4-1984, f. & ef. 12-7-84 BH 2-1978, f. & ef. 11-29-78
817-010-0085 Hairpieces (1) During the trying on of a manufactured hairpiece, that portion of the head which comes in contact with the hairpiece must be completely covered with a disposable cover. (2) All used hair goods must be cleaned according to manufacturer's instructions before resale and marked as "used." Statutory/Other Authority: ORS 690 History: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BH 2-1990, f. & cert. ef. 10-29-90 BH 4-1984, f. & ef. 12-7-84 BH 2-1978, f. & ef. 11-29-78
817-010-0095 Pets in Facilities Pets or other animals are not permitted in the business facility. This prohibition does not apply to service animals recognized by the American with Disabilities Act or to fish in aquariums. Statutory/Other Authority: ORS 690.165, ORS 690.055, ORS 690.205 & ORS 676.615 Statutes/Other Implemented: ORS 690.165, ORS 690.055 & ORS 690.205 History: BOC 3-2019, amend filed 12/06/2019, effective 01/01/2020 BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 4-1984, f. & ef. 12-7-84 BH 2-1978, f. & ef. 11-29-78
817-010-0101 Equipment (1) The surface of all equipment, including, but not limited to back-bars must be made of cleanable non-porous material. This requirement does not apply to the reception area of a facility where services are not performed. (2) Shampoo bowls and sinks must be clean and free of hair and residue. (3) All equipment must be clean and in good repair. (4) All surfaces contaminated by blood or other potentially infectious materials must be disinfected with a high-level solution according to manufacturer’s instructions. (5) All areas of foot spa equipment must be cleaned and disinfected with a high-level disinfectant after use on each client, including removal of safety drain screens and clearing of all debris from the filtration system. Statutory/Other Authority: ORS 676.605, 690.165 & 690.205 Statutes/Other Implemented: ORS 676.605, 690.165 & 690.205 History: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 1-2009, f. & cert. ef. 6-1-09 BOC 1-2006, f. & cert. ef. 3-15-06 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02 Reverted to BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BOC 4-2001(Temp), f. & cert. ef. 11-1-01 thru 4-29-02 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 2-1990, f. & cert. ef. 10-29-90 BH 1-1988, f. & cert. ef. 7-1-88 BH 4-1984, f. & ef. 12-7-84 BH 2-1978, f. & ef. 11-29-78
817-010-0106 Floor Surface (1) Floor surfaces in the working area of a facility must be made of a cleanable, non-porous material and must be kept clean, orderly, and in good repair. (2) Wooden floors which have a durable water-proof non-porous finish may be acceptable in working areas of the facility. (3) Hair clippings must not be allowed to accumulate and must be disposed of in a covered container. Statutory/Other Authority: ORS 690.165(3) & 690.205 Statutes/Other Implemented: ORS 690.165(3) & 690.205 History: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 1-2006, f. & cert. ef. 3-15-06 BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00 BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98 BH 1-1997, f. 7-22-97, cert. ef. 8-1-97 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 4-1984, f. & ef. 12-7-84 BH 2-1978, f. & ef. 11-29-78
817-010-0110 Walls and Ceilings Walls and ceilings must be clean and free of condensation, mildew and excessive spots, or peeling paint. Statutory/Other Authority: ORS 690 History: BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BH 2-1978, f. & ef. 11-29-78
817-015-0025 Requirements and Standards (1) Any product or manual, mechanical or electrical apparatus, appliance or device used in a field of practice must meet all product registration requirements imposed by any federal, state, county, city or other regulating authority. (2) The following applies to any service, product, chemical, materials and supplies, tools and implements, including sharp edged or pointed non-electrical tools and implements, or manual, mechanical or electrical apparatus, appliance, or device that an authorization holder uses in a field of practice: (a) An item listed in subsection (2) of this rule is subject to Office inspection. (b) The authorization holder must maintain and make available to the Office upon request all manufacturer operation and usage documentation for an item listed in subsection (2) of this rule. (c) The authorization holder is responsible for using an item listed in (2) in a manner that is consistent with the manufacturer’s intended use. (d) The authorization holder must obtain education or training before providing services or using items listed in subsection (2) of this rule. (3) The following requirements pertain to the education or training listed in subsection (2)(d) of this rule: (a) The education or training listed in subsection (2)(d) of this rule may be obtained through schools, institutions, vendors, manufacturers, formal seminars, online courses, practitioners certified in a field of practice, a licensed health-care provider or self-study. (b) Based on how the education or training was obtained, the authorization holder must maintain the following records of education or training listed in subsection (2)(d) of this rule: (A) For self-study: A completed self-study form. The self-study form is prescribed by the Office. (B) Schools, institutions, vendors, manufacturers, formal seminars, or online courses: (i) Name of education or training sponsor or provider. (ii) Documentation from the education or training sponsor that expressly shows that the education or training is related to an item in section (2) of this rule. (iii) Documentation of attendance and course completion including, but not limited to, certificate, transcript, sponsor statement, affidavit attesting to attendance, or diploma. (C) Certified practitioner or licensed health care provider: (i) Documentation of the content and hours. (ii) Proof of the certified practitioner’s or licensed health-care provider’s education or training. (c) The authorization holder must maintain records of education or training for as long as the authorization holder provides services. (d) If an authorization holder has not provided services or used items listed in (2)(d) of this rule within two-years then the authorization holder must obtain additional education or training. Statutory/Other Authority: ORS 690.165 Statutes/Other Implemented: ORS 690.165 History: BOC 5-2024, adopt filed 06/29/2024, effective 07/01/2024
817-015-0045 Esthetics - Natural Physiological Effects (1) Per ORS 690.005(5)(a) and (12)(a), an esthetician may use a “mechanical or electrical apparatus, appliance, or device” that does not penetrate beyond the epidermis except through natural physiological effects for the following skin care or facial care practices performed on the human body or face for the purpose of keeping the skin of the human body or face healthy and attractive: cleansing, stimulating, manipulating, exfoliating, or applying lotions or creams. (2) “Natural physiological effects” means a natural biological response produced by, or that follows immediately from, and in accordance with, a person’s normal biological functioning. (3) “Epidermis” means the outermost layer of the skin. The epidermis does not include any layers of the skin below the epidermis, including, but not limited to, the dermis and muscle. (4) An esthetician may not use a “mechanical or electrical apparatus, appliance, or device” beyond the epidermis. An esthetician is presumed to be using a “mechanical or electrical apparatus, appliance, or device” below the epidermis when: (a) The esthetician exfoliates or removes the skin below the epidermal layer. (b) The esthetician destroys or damages the dermis or muscle. (5) An esthetician using a “mechanical or electrical apparatus, appliance, or device” can only use the device within the epidermis. The esthetician’s use of the “mechanical or electrical apparatus, appliance, or device” within the client’s epidermal skin layer may create a natural body response that may go deeper than the epidermis. For example, an esthetician can use microcurrent to stimulate the skin within the epidermis. Any increased cellular metabolism, activity, or exchange below the epidermis from stimulating the epidermal skin would be the natural physiological effect from the use of the esthetics device. Statutory/Other Authority: ORS 690.005, ORS 690.165, ORS 690.205 & ORS 676.630 Statutes/Other Implemented: ORS 690.005, ORS 690.165 & ORS 690.205 History: BOC 5-2024, adopt filed 06/29/2024, effective 07/01/2024
817-015-0055 Chemical Peels (1) An esthetician is prohibited from performing chemical peels that extend beyond the stratum basale. (2) An esthetician must obtain five hours of training or education in each of the following peels prior to performing either of the chemical peel services: (a) Very superficial chemical peels. (b) Superficial chemical peels. (3) The training or education described in subsection (2) of this rule must be obtained through schools, institutions, vendors, manufacturers, formal seminars, online courses, an esthetician experienced in chemical peels, a licensed health-care provider experienced in chemical peels or through self-study. (4) Proof of self-study must be documented on a form prescribed by the Office. (5) Proof of all training or education obtained from schools, institutions, vendors, manufacturers, formal seminars, online courses must include the following: (a) Name of continuing education sponsor or provider. (b) Course agenda and outline – including the date of the training and breakdown of hours for each agenda item, lunch and breaks; and a detailed summary of each topic discussed and the learning objective or training goal of each agenda item. (c) Documentation of attendance and course completion including, but not limited to, certificate, transcript, sponsor statement, affidavit attesting to attendance or diploma. (6) The training or education obtained from an esthetician or licensed health care provider with experience providing chemical peel services must include: (a) Verification of the content and hours. (b) Proof of education or training received by the esthetician or licensed health-care provider providing the education or training. (7) Records of the required education or training must be kept for as long as the esthetician provides very superficial or superficial peels and must be provided to Office upon request. (8) An esthetician who is performing chemical peels must: (a) Fully comply with the required education or training. (b) Use chemicals in a manner intended by the manufacturer and in accordance with manufacturer’s recommendations, guidelines and protocols. (c) Only use chemicals that the licensed esthetician has been fully educated or trained in the use of and is fully informed of the ingredients in any products used. (d) Only use chemicals that are suitable for the client after an analysis of the client’s skin condition, medical history (including pregnancy if applicable), skin type, currently used medication and skin-care products. (e) Chemicals must be stored and maintained in accordance with Division 60 of these rules. Statutory/Other Authority: ORS 690.005, ORS 690.165, ORS 690.205 & ORS 676.615 Statutes/Other Implemented: ORS 690.005, ORS 690.165 & ORS 690.205 History: BOC 5-2024, amend filed 06/29/2024, effective 07/01/2024 BOC 5-2019, adopt filed 12/18/2019, effective 01/01/2020