justicedao/ipfs_state_laws huggingface dataset:
331-915-0035 General Tattooing Examination Information (1) To be eligible for examination, an applicant must meet identification requirements listed under OAR 331-030-0000. (2) The examination is administered in English only, unless an Office approved testing contractor or vendor provides the examination in languages other than English. (3) Examination candidates may be electronically monitored during the course of testing. (4) Examination candidates must adhere to the maximum time allowance for the examination, as established by the Office. (5) Examination candidates are prohibited from taking items and devices into examination areas which include but are not limited to notes, textbooks, notebooks, electronic equipment communication devices or any other items or devices the Office deems inappropriate. (6) 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 fee. 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 subsections (5) 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. (7) If the candidate is disqualified from taking the examination or the candidate’s examination is deemed invalid for reasons under subsection (6) of this rule, the candidate must meet requirements listed in OAR 331-915-0040 and submit an additional examination fee. Statutory/Other Authority: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415 Statutes/Other Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415, 2011 OL Ch. 346 § 22 & 35 History: 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
331-915-0040 Written Examination Retake Requirements (1) Failed sections of the written examination may be retaken as follows: (a) After first failed attempt — applicant may not retake for seven calendar days; (b) After second failed attempt — applicant may not retake for seven calendar days; (c) After third failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit an official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-915-0005 from a career school licensed under ORS 345 on a form prescribed by the Office; (d) After fourth failed attempt — applicant may not retake for seven calendar days; (e) After fifth failed attempt — applicant may not retake for seven calendar days; (f) After sixth failed attempt — applicant may not retake for 30 calendar days, must pay all additional fees and must submit an official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-915-0005 from a career school licensed under ORS 345 on a form prescribed by the Office; (g) After seventh failed attempt — ability to retake, requirements for retake, or both will be determined by the Office on a case-by-case basis. (2) Applicants retaking the examination must meet the requirements under OAR 331-030-0000. Statutory/Other Authority: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415 Statutes/Other Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415, 2011 OL Ch. 346 § 22 & 35 History: HLO 1-2017, f. & cert. ef. 1-6-17 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-915-0050 Renewal of a Tattoo License (1) A licensee is subject to the provisions of OAR chapter 331, division 30 regarding the renewal of a license and provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license. (2) Tattoo license renewal under this rule is valid for one year. (3) LICENSE RENEWAL: To avoid delinquency penalties, a tattoo license renewal must be made prior to the license entering inactive status. The licensee must submit the following: (a) Renewal application form; (b) Payment of required renewal fee pursuant to 331-940-0000; (c) Attestation of having obtained required annual continuing education under OAR 331-915-0055, on a form prescribed by the Office. Continuing education is required whether the license is current or inactive; (d) Attestation of current certification in cardiopulmonary resuscitation from an Office approved provider; (e) Attestation of current first aid training from an Office approved provider; and (f) Attestation of current certification in blood borne pathogens training from an Office approved provider. (4) INACTIVE LICENSE RENEWAL: A tattoo license may be inactive for up to three years. A licensee who is inactive is not authorized to practice. When renewing after entering inactive status, the licensee holder must submit the following: (a) Renewal application form; (b) Payment of delinquency and license fees pursuant to OAR 331-940-0000; (c) Attestation of having obtained required annual continuing education under OAR 331-915-0055, on a form prescribed by the Office. Continuing education is required whether the license is current or inactive; (d) Attestation of current certification in cardiopulmonary resuscitation from an Office approved provider; (e) Attestation of current first aid training an Office approved provider; and (f) Attestation of current certification in blood borne pathogens training from an Office approved provider. (5) EXPIRED LICENSE: A tattoo license that has been inactive for more than three years is expired and the license holder must reapply and meet the requirements listed in OAR 331-915-0015. Statutory/Other Authority: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415 Statutes/Other Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415, 2011 OL Ch. 346 § 22 & 35 History: 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
331-915-0060 Continuing Education: Audit, Required Documentation and Sanctions (1) The Office will audit a select percentage of licenses to verify compliance with continuing education requirements. (2) Licensees notified of selection for audit of continuing education attestation must submit to the Office, within 30 calendar days from the date of the issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-915-0055. (3) Evidence of successful completion of the required continuing education must include the following: (a) Name of continuing education sponsor/provider; (b) Course agenda — including the date of the training and breakdown of hours for each agenda item, lunch and breaks; (c) Course outline — including a detailed summary of each topic discussed and the learning objective or training goal of each agenda item; The content of the course must have a direct relationship between the course training and subject matter related to tattooing as set forth in OAR 331-915-0055(4); (d) Documentation of attendance or successful course completion Examples include certificate, transcript, sponsor statement or affidavit attesting to attendance, and diploma. (4) Documentation substantiating the completion of continuing education through self-study must show a direct relation to tattooing as set forth in OAR 331-915-0055(4), be submitted on forms provided by the Office and include the following: (a) Name of sponsor or source, type of study, description of content, date of completion and duration in clock hours; (b) Name of approved correspondence courses or national home study issues; (c) Name of publications, textbooks, printed material or audiocassette's, including date of publication, publisher, and ISBN identifier; and (d) Name of films, videos, or slides, including date of production, name of sponsor or producer and catalog number. (5) If documentation of continuing education is invalid or incomplete, the licensee has 30 calendar days from the date of the deficiency notice to correct the deficiency and submit further documentation of completion of the required continuing education. (6) Misrepresentations of continuing education or failure to complete continuing education requirements may result in disciplinary action, which may include, but is not limited to assessment of a civil penalty and suspension or revocation of the license. Statutory/Other Authority: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415 Statutes/Other Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415, 2011 OL Ch. 346 § 22 & 35 History: 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 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-915-0065 Tattoo Practice Standards and Prohibitions (1) Inks, dyes, or pigments must be purchased from a commercial supplier or manufacturer and must have an expiration date present on the container. Use of expired ink, dyes or pigments is prohibited. Products banned or restricted by the Food and Drug Administration are prohibited. (2) A tattoo license holder must disinfect the plastic or acetate stencil used to transfer the design to the client's skin, if not using disposable stencils. If the plastic or acetate stencil is reused the licensee must thoroughly clean and rinse and immerse in a high level disinfectant according to the manufacturer’s instructions. (3) Prior to beginning the procedure a client’s skin must be thoroughly cleaned with an antiseptic solution. (4) Upon completion of a tattoo service, the following procedures are required: (a) The skin must be cleansed; excluding the area surrounding the eyes, with a clean single-use paper product saturated with an antiseptic solution; and (b) Use a clean absorbent material or bandage intended to cover wounds to prevent the spread of blood or other potentially infectious materials and cross contamination that must be adhered to the skin. Absorbent materials or bandages may include, but are not limited to, medical-grade bandages or bandages intended to cover tattoos. All coverings and bandages must be used according to manufacturer’s instructions. (5) Tattooing services may be performed on a person younger than 18 years of age when authorized or prescribed by a physician's statement. (6) Tattooing is prohibited: (a) On a person who shows signs of being inebriated or appears to be incapacitated by the use of alcohol or drugs; (b) On a person with sunburn or other skin diseases or disorders such as open lesions, rashes, wounds, puncture marks in areas of treatment; (c) On a person younger than 18 years of age, regardless of parental or legal guardian consent unless the requirements of Subsection (5) of this rule are met. (7) Tattoo artists are prohibited from performing nonablative tattoo removal in Oregon unless they hold an appropriate authorization. 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 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 10-2012, f. & cert. ef. 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-915-0075 Standards for Client Services for Tattooing (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 rule 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 HLO 1-2017, f. & cert. ef. 1-6-17 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
331-915-0085 Client Records and Information for Tattooing (1) A licensee is responsible for maintaining and keeping copies of all client records. If client records are maintained by the facility and not by the individual licensee, the facility owner must provide the licensee with copies of those client records upon request. The record must include the following for each client: (a) Name, address, telephone number and date of birth of client; (b) Date of each service and procedure location on the body; (c) Name and license number of the licensee providing service; (d) Special instructions or notations relating to the client's medical or skin conditions including but not limited to diabetes, cold sores and fever blisters, psoriasis or eczema, pregnancy or breast-feeding/nursing; (e) Complete list of the client’s sensitivities to medicines or topical solutions; (f) History of the client's bleeding disorders; and (g) Description of complications during procedure(s). (2) The licensee must obtain signature from the client that they have received and understand the following information and consent to the tattoo procedure which must be provided to the client verbally and in writing: (a) Explanation of procedure; (b) Risk(s) of the procedure; (c) Description of potential complications or side effects; (d) Adverse outcomes; (e) Restrictions; and (f) Aftercare instructions. (3) A licensee must obtain proof of age for all clients, a copy of a government issued photographic identification must be obtained and included in the client record; (4) A licensee may obtain advice from a physician regarding medical Information needed to safeguard client. Advice from the physician must be documented in the client record. (5) For the purpose of this rule, records must be maintained at facility premises for 90 days. Records older than 90 days must be made available to the Office upon request within seven days. Records must be kept for a minimum of three years and may be stored electronically. (6) Client records must be typed or printed in a legible format. Client records that are not readable by the Office will be treated as incomplete. 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 HLO 1-2017, f. & cert. ef. 1-6-17 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
331-920-0000 Dermal Implanting Prohibitions Dermal implanting services defined under ORS 690.350 are prohibited until education and training programs can be implemented. Statutory/Other Authority: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415 Statutes/Other Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415, 2011 OL Ch. 346 § 22 & 35 History: HLA 1-2013, f. & cert. ef. 1-16-13 HLA 15-2012(Temp), f. & cert. ef. 10-15-12 thru 4-12-13 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-920-0005 Scarification Prohibited Scarification services defined under ORS 690.350 are prohibited until education and training programs can be implemented.. Statutory/Other Authority: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415 Statutes/Other Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415, 2011 OL Ch. 346 § 22 & 35 History: HLA 1-2013, f. & cert. ef. 1-16-13 HLA 15-2012(Temp), f. & cert. ef. 10-15-12 thru 4-12-13 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-925-0000 Facility License (1) A location, where services are performed in a field of practice defined under ORS 690.350 must be licensed as a facility under ORS 690.365. (2) 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.] (3) 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. (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 331-925-0005. 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) An electrology, body piercing or tattoo facility licensed before January 1, 2012, are valid only for the fields of practice for which those licenses were issued. In order to add additional fields of practice the owner must apply and qualify for a new body art facility license pursuant to OAR 331-925-0005. (6) A facility must adhere to all standards within OAR chapter 331, division 925. Statutory/Other Authority: 676.615, 690.365 & 690.405 Statutes/Other Implemented: 690.365 & 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 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-925-0005 Application Requirements for Facility Licensure An individual applying for a facility license must: (1) Meet the requirements of OAR 331 division 30; (2) Submit a completed application form prescribed by the Office that must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees; (3) Submit proof of being at least 18 years of age; documentation may include identification listed under OAR 331-030-0000; (4) Provide a map or directions to the facility if it is located in a rural or isolated area; (5) Provide a list of licensees providing services in the facility; (6) Provide proof of a current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007; and (7) Hold a current Assumed Business Name (ABN) filing if applicant is operating an assumed business name prior to applying for a facility license. NOTE : ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990. Statutory/Other Authority: 676.615 & 690.365 Statutes/Other Implemented: 690.365 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 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-925-0010 Temporary Facility License (1) A temporary facility license holder defined under ORS 690.350 and licensed under 690.365, may perform services in a field of practice under 690.350. (2) The holder of a temporary facility license must be a natural person. (3) A temporary facility license is valid for a limited time not to exceed 15 consecutive calendar days, at settings such as fairs, carnivals or bazaars. (4) A facility must adhere to all standards within OAR chapter 331, division 925. (5) A temporary facility license is not an event facility license pursuant to OAR 331-925-0030 which is comprised of individual booths where services in a field of practice are performed. (6) If a facility owner licensed under OAR 331-925-0000 intends to operate a facility on a limited basis, away from the facility address on file with the Office, they must obtain a temporary facility license. Statutory/Other Authority: ORS 345, 676.607, 676.615, 676.625, 690.365, 690.370, 690.385, 690.390, 690, 405, 690.407, 690.410 & 690.415 Statutes/Other Implemented: ORS 676.607, 676.608, 676.612, 676.615, 676.625, 690.350, 690.360, 690.365, 690.370, 690.380, 390.385, 690.390, 690.405, 690.407, 690.410, 690.415, 2011 OL Ch. 346 § 22 & 35 History: HLO 2-2018, minor correction filed 01/10/2018, effective 01/10/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-925-0015 Application Requirements for Temporary Facility License To be issued a temporary facility license, the applicant must: (1) Meets 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 the required fees; (3) Proof of being at least 18 years of age; documentation may include identification listed under OAR 331-030-0000, (4) Provide a map or directions to the facility if it is located in a rural or isolated area; (5) Provide a list of licensees providing services in the facility; (6) Provide proof of a current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007; (7) Hold a current Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for a facility license; NOTE : ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990. Statutory/Other Authority: 676.615 & 690.425 Statutes/Other Implemented: 690.425 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 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12