justicedao/ipfs_state_laws huggingface dataset:
819-030-0001 Definition of Advanced Esthetics Device Pursuant to ORS 676.630(3), the Board and the Board of Cosmetology collaboratively developed the definition of “Device” (advanced esthetics device) in this rule. This rule sets forth the specific characteristics of an advanced esthetics device. (1) An advanced esthetician is limited to using advanced esthetics devices as follows: (a) Limited to performing services that are “nonablative” as defined in ORS 676.630 and OAR 819-005-0005. (b) Limited to services performed on the hair and skin. (2) An advanced esthetician may perform advanced nonablative esthetic procedures that go beyond the epidermis using advanced esthetics devices listed in subsection (3) of this rule. (3) An advanced esthetics device is a: (a) Laser; (b) Intense Pulse Light; or (c) Piece of equipment or a mechanism that meets all of the following: (i) Shares the same risk and safety qualities as lasers and intense pulse light devices. (ii) Is capable of performing nonablative procedures on the skin or hair. (iii) Is capable of performing procedures in conjunction with a modality. (iv) Is registered with the United States FDA. (4) An advanced esthetic device may not be of greater risk or greater inherent risk as a laser or intense pulse light. (5) It is the responsibility of the advanced esthetician to be trained and educated on the devices and procedures used in the practice of advanced nonablative esthetics. (6) An individual certified to practice advanced nonablative esthetics procedures is responsible for determining if any services or devices to be used on clients are prohibited by law. (7) Services provided and devices used by certified advanced estheticians that are prohibited, unsafe, dangerous or cause harm may result in a violation of incompetence, negligence, or unprofessional conduct pursuant to ORS 676.612(2)(j) and under Office or Board rules. Statutory/Other Authority: ORS 676.630, ORS 690.005, ORS 676.665 & ORS 676.647 Statutes/Other Implemented: ORS 676.630 & ORS 676.647 History: BCAE 1-2024, adopt filed 01/21/2024, effective 01/26/2024
819-030-0005 GENERAL PRACTICE STANDARDS (1) A certified advanced esthetician must wear a name tag that clearly states the individual's name and in what capacity the individual is working in and designate in each client’s treatment log documenting who performed the service and in what capacity the service was being performed including but not limited to medical assistant or registered nurse. (2) A certified advanced esthetician is prohibited from making any false representation either verbally or in writing that would imply services being performed outside the scope of practice are connected to their certified advanced esthetician practice. (3) A certified advanced esthetician is prohibited from performing: (a) Ablative services; and (b) Internal vaginal rejuvenation that goes beyond the introitus (vaginal opening). (4) Procedures performed without using a laser or other device registered with the FDA are not considered advanced nonablative esthetics services pursuant to ORS 676.630(1). (5) Services provided by a certified advanced esthetician to a client that are prohibited, unsafe, dangerous or cause serious harm may result in a violation of incompetence, negligence or unprofessional conduct pursuant to ORS 676.612(2)(j), OAR 331-020-0070 or OAR 331-020-0075. Statutory/Other Authority: ORS 676.615, ORS 676.586, ORS 676.630 & ORS 676.655 Statutes/Other Implemented: ORS 676.630 & ORS 676.655 History: BCAE 2-2018, adopt filed 06/28/2018, effective 06/28/2018 BCAE 4-2017, temporary adopt filed 12/29/2017, effective 01/01/2018 through 06/29/2018
819-030-0010 CLIENT DISCLOSURE PRACTICE STANDARDS A certified advanced esthetician must maintain and provide to each client a “client disclosure form” pursuant to ORS 676.655, which includes at minimum the existence of professional liability insurance. The client disclosure information may be combined with other documentation used by the certified advanced esthetician including but not limited to informed consent or summary of visit. Statutory/Other Authority: ORS 676.615, ORS 676.586, ORS 676.630 & ORS 676.655 Statutes/Other Implemented: ORS 676.630 & ORS 676.655 History: BCAE 2-2018, adopt filed 06/28/2018, effective 06/28/2018 BCAE 4-2017, temporary adopt filed 12/29/2017, effective 01/01/2018 through 06/29/2018
819-030-0020 COLLABORATIVE AGREEMENT (1) Pursuant to ORS 676.655(2)(c), a certified advanced esthetician must enter into a collaborative agreement with one or more of the following health-care professionals who hold an active license in good standing with no current or pending action: (a) Physician licensed under ORS Chapter 677; (b) Nurse practitioner licensed under ORS 678.375 to 678.390; (c) A licensed health-care professional who works at the same location as the certified advanced esthetician and who has the authority to prescribe drugs listed in Schedule III, IV or V which includes, but is not limited to, the following: (A) Dentist licensed under ORS 679; (B) Naturopathic physician licensed under ORS 685; or (C) Certified Registered Nurse Anesthetists licensed under ORS 678.245 to 678.285. (2) All active collaborative agreements must be maintained and kept current by the certified advanced esthetician and made immedidately available. (3) Inactive collaborative agreements must be kept for seven years and must be made immediately available to the Office upon request. (4) All collaborative agreements must contain the following information: (a) Name of certified advanced esthetician; (b) Certificate number of the certified advanced esthetician; (c) Name of licensed health care professional; (d) License number of licensed health care professional; (e) Contact information of the licensed health care professional; and (f) Effective date of agreement. (5) The collaborative agreement must be current and updated at all times services are being performed. (6) Multiple advanced certified estheticians can enter into a collaborative agreement under the same licensed health-care professional; however, each certified advanced esthetician must have individual agreements that meet requirements listed in subsection (1), (2) and (3) of this rule. (7) For the purpose of this rule and pursuant to ORS 676.655 the purpose of an agreement is to provide a client with a referral to a licensed health care professional. It is not required that the client pursue treatment from the referred licensed health care professional and the licensed health care professional is not required to provide care to the client. (8) Collaborative agreements may be stored electronically. Statutory/Other Authority: ORS 676.615, ORS 676.586, ORS 676.630 & ORS 676.655 Statutes/Other Implemented: ORS 676.630 & ORS 676.655 History: BCAE 2-2018, adopt filed 06/28/2018, effective 06/28/2018 BCAE 4-2017, temporary adopt filed 12/29/2017, effective 01/01/2018 through 06/29/2018
819-030-0060 Safety and Infection Control Practice Standards (1) A certified advanced esthetician performing services must: (a) Work in a licensed Board of Cosmetology facility with a certification issued under ORS 690.055 pursuant to ORS 676.655(2)(a); (b) Adhere to facility standards set forth in ORS 690.055 and OAR Chapter 817 Division 10 and Division 20, if applicable to advanced nonablative esthetics; (c) Use only lasers or other devices registered with the FDA and for nonablative procedures pursuant to ORS 676.630; (d) Use laser or other device registered with the FDA in a manner described in the manufacturer’s instructions and consistent with the manufacturer’s intended use of the device by the FDA; (e) Maintain FDA registration documentation on each laser or device on the facility premises. (f) Ensure high-level disinfectant is used in accordance with manufacturer’s instructions to disinfect surfaces where services are performed. (g) Adhere to all Centers for Disease Control and Prevention Standard Precautions for All Patient Care. (2) If a certified advanced esthetician is performing laser services they must meet the standards pursuant to the 2014 American National Standard Z136.1 and the 2011 American National Standards Laser Safety Education Program Z136.3. (3) Tools, instruments, equipment or devices that come in direct contact with a client must be disposed of or sanitized and disinfected according to manufacturer’s instructions before use on each client. Statutory/Other Authority: ORS 676.655 & ORS 676.615 Statutes/Other Implemented: ORS 676.655 History: BCAE 2-2018, adopt filed 06/28/2018, effective 06/28/2018 BCAE 4-2017, temporary adopt filed 12/29/2017, effective 01/01/2018 through 06/29/2018
819-040-0005 Fees (1) An applicant or authorization holder is subject to provisions of OAR 331-010-0010 and 331-010-0020 regarding payment of fees, penalties and charges. (2) Fees established by the Health Licensing Office are as follows: (a) Application for Permanent Certification: $100. (b) Original Permanent Certification: $100 (c) Annual renewal: $100 (d) Delinquency fee: $30 for each year in an inactive status up to three years. (e) Replacement of certificate including name change: $25. (f) Duplicate certificate document: $25 per copy with maximum of three. (g) Affidavit of licensure: $50. (h) 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. (i) Information packets: $10 Statutory/Other Authority: 676.615, 676.640, 676.655 & 676.592 Statutes/Other Implemented: 676.640, 676.655 & 676.592 History: BCAE 3-2017, amend filed 12/29/2017, effective 01/01/2018 BCAE 1-2017, f. & cert. ef. 1-3-17
819-050-0010 SCHEDULE OF PENALTIES FOR CERTIFIED ADVANCED ESTHETICIANS VIOLATIONS The Office, in consultation with the Board, has adopted the following presumptive penalty schedule for certain violations. Any violation of statute or rule will be handled at the discretion of the Office and Board. Performing, attempting to perform, or purporting to perform nonablative esthetics services without proper certification is a violation of ORS 676.635(1): (1) Never held or expired: (a) 1st offense: $2,500; (b) 2nd offense: $5,000; (c) 3rd offense: Monetary penalty and any other actions allowed by law including revocation or suspension of authorization to practice and refusal to issue a new authorization. (2) Inactive: (a) 1st offense: $200; (b) 2nd offense: $500; (c) 3rd offense: $1,000; and (d) 4th offense: Monetary penalty and any other actions allowed by law including revocation or suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (3) Suspended or revoked: (a) 1st offense: $2,500; (b) 2nd offense: $5,000; and (c) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. Statutory/Other Authority: ORS 676.615, ORS 676.586, ORS 676.608 & ORS 676.612 Statutes/Other Implemented: ORS 676.586 & ORS 676.608 History: BCAE 2-2018, adopt filed 06/28/2018, effective 06/28/2018 BCAE 4-2017, temporary adopt filed 12/29/2017, effective 01/01/2018 through 06/29/2018
819-050-0020 SCHEDULE OF PENALTIES FOR FALSIFYING OR FAILURE TO POST CERTIFICATE The Office, in consultation with the Board, has adopted the following presumptive penalty schedule for certain violations. Any violation of statute or rule will be handled at the discretion of the Office and Board. (1) Altering with fraudulent intent or fraudulent use, attempted use, obtainment, or counterfeiting of a certificate issued by the Office is a violation of ORS 676.635(1): (a) 1st offense: $1,500; (b) 2nd offense: $3,500; and (c) 3rd offense: $5,000. (2) Failing to post a valid certificate issued by the Office in public view is a violation of OAR 819-025-0000: (a) 1st offense: $200; (b) 2nd offense: $500; (c) 3rd offense: $1,000 Statutory/Other Authority: ORS 676.615, ORS 676.612, ORS 676.608, ORS 676.586 & ORS 676.655 Statutes/Other Implemented: ORS 676.586 & ORS 676.655 History: BCAE 2-2018, adopt filed 06/28/2018, effective 06/28/2018 BCAE 4-2017, temporary adopt filed 12/29/2017, effective 01/01/2018 through 06/29/2018
820-001-0000 Rule Changes Before permanently adopting, amending, or repealing any rule, the Oregon Board of Examiners for Engineering and Land Surveying will give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date. (2) By mailing or electronic mailing a copy of the notice to persons on the agency's mailing list established pursuant to ORS 183.335(8) at least twenty-eight (28) days before the effective date of the rule. (3) By mailing or electronic mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least forty-nine (49) days before the effective date of the rule; and (4) By mailing, electronic mailing, or furnishing a copy of the notice to: (a) Publications: (A) The Associated Press; and (B) Portland Business Today. (b) State Societies: (A) American Council of Engineering Companies of Oregon; (B) Professional Engineers of Oregon; (C) Professional Land Surveyors of Oregon; (D) Structural Engineers Association of Oregon; and (E) Oregon Association of County Engineers and Surveyors. (c) Local branches and chapters of the national societies listed below: (A) American Society of Heating, Refrigeration, and Air Conditioning Engineers; (B) American Institute of Industrial Engineers; (C) American Society of Civil Engineers; (D) American Society of Mechanical Engineers; (E) Institute of Electrical and Electronic Engineers; (F) Illuminating Engineers Society; (G) American Institute of Chemical Engineers; and (H) International Society of Automation (d) Colleges, universities and community colleges within the State with an engineering and/or land surveying degree program. (e) Capitol Press Room. (5) The agency may update the mailing list described in section (2) of this rule annually by requesting persons to confirm that they wish to remain on the mailing list. If a person does not respond to a request for confirmation within twenty-eight (28) days of the date that the agency sends the request, the agency will remove the person from the mailing list. Any person removed from the mailing list will be immediately returned to the mailing list upon request, provided that the person provides a mailing address or electronic mailing address to which notice may be sent. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 1-2010, f. & cert. ef. 5-12-10 BEELS 2-2006, f. & cert. ef. 11-21-06 BEELS 1-2006(Temp), f. & cert. ef. 6-23-06 thru 12-12-06 BEELS 2-2004, f. & cert. ef. 7-14-04 BEELS 1-1998, f. & cert. ef. 2-10-98 EE 1-1995, f. 8-15-95, cert. ef. 9-1-95 EE 2-1985, f. 12-4-85, ef. 12-16-85 EE 1-1981, f. 5-19-81, ef. 6-1-81 EE 18, f. & ef. 1-13-76
820-001-0005 Contested Cases Pursuant to ORS 183.341, the Board of Examiners for Engineering and Land Surveying adopts the current version of the Attorney General’s Model Rules of Procedure under the Administrative Procedure Act. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 1-1998, f. & cert. ef. 2-10-98 EE 1-1996, f. & cert. ef. 8-30-96 EE 1-1995, f. 8-15-95, cert. ef. 9-1-95 EE 1-1994, f. & cert. ef. 2-11-94 EE 1-1984, f. & cert. ef. 3-6-84 EE 3-1981, f. & cert. ef. 12-14-81 EE 1-1980, f. & cert. ef. 5-14-80 EE 1-1978, f. 4-19-78, cert. ef. 5-1-78 EE 19, f. 3-3-76, cert. ef. 3-5-76, Renumbered from 820-010-0800 EE 15, f. 11-21-73, cert. ef. 12-11-73 EE 13, f. 3-29-72, cert. ef. 4-15-72 EE 12, f. 11-2-71, cert. ef. 11-15-71
820-001-0010 Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases In addition to the notice requirements under the Attorney General’s Model Rules of Procedure under OAR 820-001-0005, the Notice to Parties in Contested Cases may include the statement that an answer to the assertions or charges will be required, and if so, the consequence of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of 820-001-0015 with the notice. Statutory/Other Authority: ORS 670 & 672 History: EE 2-1983, f. 2-28-83, ef. 3-1-83
820-001-0015 Hearing Request and Answers: Consequences of Failure to Answer (1) A hearing request, and answer when required, shall be made in writing to the Board by the party or the party’s attorney. (2) An answer shall be made in writing to the Board with any request for a hearing on a matter related to the following categories of cases where the proposed violation(s) involves allegations of: (a) Examination subversion or irregularities; (b) Denials of enrollments, certificates or registrations due to lack of education or experience; (c) Right of entry violations under ORS 672.047; (d) Violations of rules and statutes relating to professional conduct; (e) Negligence, gross negligence or incompetence; (f) Stamping or signing work that was not performed under the Registrant’s supervision and control; or (g) Unlicensed practice of engineering, land surveying, photogrammetry, or water right examination. (3) The answer shall include the following: (a) An admission or denial of each factual matter alleged in the notice; and (b) A short, concise statement of each relevant affirmative defense the party may have. (4) When an answer is required: (a) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted; (b) Failure to raise a particular defense in the answer will be considered a waiver of such defense; (c) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency; and (d) Evidence shall not be taken on any issue not raised in the notice and the answer. (5) When an answer is required, the party or party’s attorney may amend the response and answer, but no later than 10 days before the scheduled contested case hearing. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2024, amend filed 05/14/2024, effective 05/14/2024 BEELS 4-2012, f. & cert. ef. 9-14-12 BEELS 1-1998, f. & cert. ef. 2-10-98 EE 2-1983, f. 2-28-83, ef. 3-1-83
820-001-0035 Notice of Intent to Award At least 10 business days before the award of a contract under OAR 820-001-0030(3), the Board shall provide to each proposer notice of the Board’s intent to award a contract. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 3-2014, f. & cert. ef. 7-16-14
820-001-0040 Protests of Contract Award (1) A proposer may protest the notice of intent to award a contract if: (a) The proposer is adversely affected because the proposer would be eligible to be awarded the contract in the event that the protest was successful; and (b) The grounds for the protest are: (A) All lower bids or higher ranked proposals are nonresponsive; or, (B) The Board has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the request for proposals. (2) The proposer shall submit the protest to the Board in writing, before the contract is awarded, and shall specify the grounds for the protest to be considered by the Board. (3) The Board shall consider and respond in writing to a protest before awarding a contract. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2024, amend filed 05/14/2024, effective 05/14/2024 BEELS 3-2014, f. & cert. ef. 7-16-14
820-001-0100 Request to Add New Branch Persons desiring to be registered as a professional engineer, professional land surveyor, or professional photogrammetrist naming a branch other than one listed under OAR 820-010-1000, 820-010-2000, or 820-010-3000 as one in which the individual is especially qualified may petition the Board to amend the list. Procedures are designated in the Model Rules of Procedure under the Administrative Procedure Act, OAR 137-001-0070. Information in the petition shall include: (1) The public need for recognition of the new branch as that need relates to safeguarding life, health, and property; (2) The number of potential registrants that would be affected; (3) Whether the new branch is a specialty under an already recognized profession; and (4) Recommendations for examination sources in that branch. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-001-0200 Qualifications of Administrative Officer (Administrator) The administrative officer of the Oregon State Board of Examiners for Engineering and Land Surveying authorized by ORS 670.306 shall: (1) Not be a member of the Board. (2) Serve at the pleasure of the Board. (3) Receive such compensation as the Board may determine. (4) Perform such duties as assigned by the Board. Statutory/Other Authority: ORS 670.306, 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0001 Definitions The following definitions have been adopted by the Board to assist registrants and the general public in their interpretation of specific portions of OAR Chapter 820 and ORS 672.002 to 672.325. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0005 Board "Board" means the Oregon State Board of Examiners for Engineering and Land Surveying provided by ORS 672.240. Statutory/Other Authority: ORS 182.454, 182.456, 670.310, 672.240 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0015 Certificate Authority “Certificate Authority” is the third party that issues and manages digital certificates (private and public keys) for digital signatures. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0020 Digital Certificate “Digital certificate” is required to affix a digital signature, for the recipient to verify the identity of the signor, and for the recipient to verify that the contents of the document have not been altered since the signature was affixed. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0025 Digital Signature "Digital signature" means a type of electronic signature that transforms a message through the use of an algorithm or series of algorithms that provide a key pair, private and public, for signor verification, document security and authentication. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0030 Engineering — Practice "Practice of engineering" refers to ORS 672.005 and 672.007. Statutory/Other Authority: ORS 670.310, 672.005, 672.007 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16