justicedao/ipfs_state_laws huggingface dataset:
331-900-0065 General Body Piercing 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 each section of the examination, as established by the Office. (5) Taking notes, textbooks or notebooks into the examination area is prohibited. (6) Electronic equipment and communication devices, such as personal computers, pagers and cellular telephones or any other devices deemed inappropriate by the Office, are prohibited in the examination area. (7) 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 subsections (5), (6), or (7) 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. (8) If the candidate is disqualified from taking the examination or the candidate’s examination is deemed invalid for reasons under subsection (7) of 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: 676.615 & 676.560 Statutes/Other Implemented: 676.615 & 676.560 History: HLO 57-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0070 Written Examination Retake Requirements (1) Notwithstanding OAR 331-900-0060(1)(a) and (b), 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 one of the following: (A) An official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-900-0005 from a career school licensed under ORS 345 on a form prescribed by the Office; or (B) Documentation from an Office-approved supervisor certifying completion of an additional 100 hours of training in theory, focused on the approved curriculum outlined in OAR 331-900-0005 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 one of the following: (A) An official transcript certifying completion of an additional 100 hours of instruction in theory, focused on the approved curriculum outlined in OAR 331-900-0005 from a career school licensed under ORS 345 on a form prescribed by the Office; or (B) Documentation from an Office-approved supervisor certifying completion of an additional 100 hours of training in theory, focused on the approved curriculum outlined in OAR 331-900-0005 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: 676.615 & 676.560 Statutes/Other Implemented: 676.615 & 676.560 History: HLO 74-2018, minor correction filed 05/22/2018, effective 05/22/2018 HLO 58-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 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
331-900-0075 Practical Examination Retake Requirements (1) Failed practical examinations may be retaken at a date and time determined by the Office. Applicants retaking a failed practical must notify the Office within 30 days before the next scheduled examination date and pay all examination fees. (2) Applicants who fail to pass the practical examination for standard body piercing after three attempts (initial examination plus two retakes) may not retake an examination 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 education curriculum or training program outlined in OAR 331-900-0005 on a form prescribed by the Office. (3) After the fourth failed attempt — ability to retake, requirements for retake, or both will be determined by the Office on a case-by-case basis. Statutory/Other Authority: 676.615 Statutes/Other Implemented: 676.615 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0077 Renewal of an Earlobe Piercing 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) LICENSE RENEWAL : To avoid delinquency penalties, an earlobe piercing license renewal must be made prior to the license entering inactive status. The licensee must submit the following: (a) Renewal application form; and (b) Payment of required renewal fee pursuant to 331-940-0000. (3) INACTIVE LICENSE RENEWAL : An earlobe piercing license may be inactive for up to three years. If a license is inactive the licensee is not authorized to practice. When renewing a license after entering inactive status, the licensee holder must submit the following: (a) Renewal application form; and (b) Payment of delinquency and license fees pursuant to OAR 331-940-0000. (4) EXPIRED LICENSE : An earlobe piercing 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 331-900-0015. Statutory/Other Authority: 676.615, 690.385 & 690.405 Statutes/Other Implemented: 690.385 & 690.405 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 15-2013, f. 12-30-13, cert. ef. 1-1-14
331-900-0080 Renewal of a Standard Body Piercing 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) LICENSE RENEWAL: To avoid delinquency penalties, a standard body piercing 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 331-900-0085, 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 by an Office-approved provider; and (f) Attestation of current certification in blood borne pathogens training from an Office-approved provider. (3) INACTIVE LICENSE RENEWAL: A standard body piercing license may be inactive for up to three years. If a license is inactive the licensee is not authorized to practice. When renewing a license 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 331-900-0085 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 by an Office-approved provider; and (f) Attestation of current certification in blood borne pathogens training from an Office-approved provider. (4) EXPIRED LICENSE: A standard body piercing 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 331-900-0035. Statutory/Other Authority: 676.615, 690.385 & 690.405 Statutes/Other Implemented: 690.385 & 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 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0090 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 issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 331-900-0085. (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 body piercing as set forth in OAR 331-900-0085(4); (d) Background resume of speakers or instructors; and (e) Documentation of attendance or successful course completion. Examples include a certificate, transcript, sponsor statement or affidavit attesting to attendance, diploma. (4) Documentation substantiating the completion of continuing education through self-study must show a direct relation to body piercing as set forth in OAR 331-900-0085(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: 676.615, 676.586 & 690.385 Statutes/Other Implemented: 676.586 & 690.385 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 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 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
331-900-0095 Earlobe Piercing Practice Standards and Prohibitions (1) An earlobe piercing license holder must: (a) Use an earlobe piercing system that pierces an individual's earlobe by use of a sterile, encapsulated single-use stud with clasp; (b) Use an earlobe piercing system made of non-absorbent and non-porous material which can be cleaned and disinfected, using a high level disinfectant according to manufacturer’s instructions; (c) Use single-use prepackaged sterilized ear piercing studs for each client; (d) Store new or disinfected earlobe piercing systems in a clean disinfected location, using a high level disinfectant according to manufacturer’s instructions, and store separately from used or soiled instruments; (e) Ensure equipment used during an earlobe procedure is disinfected, using a high level disinfectant according to manufacturer’s instructions, following service on each client. (f) Cover the handle of the earlobe piercing system with a new cover before a service is provided to a client. (2) An earlobe piercer may only pierce with an earlobe piercing system; use of a needle is prohibited. (3) An earlobe piercing system may only be used to pierce the earlobe. Use of an earlobe piercing system on other parts of the body or ear is prohibited. (4) Piercing with a manual loaded spring operated ear piercing system is prohibited. (5) Piercing the earlobe with any type of piercing system which does not use the pre-sterilized encapsulated stud and clasp system is prohibited. (6) Earlobe Piercing is prohibited: (a) On a person under 18 years of age unless the requirements of OAR 331-900-0099 are met; (b) On a person who shows signs of being inebriated or appears to be incapacitated by the use of alcohol or drugs; and (c) On a person with sunburn or other skin diseases or disorders of the skin such as open lesions, rashes, wounds, puncture marks in areas of treatment. Statutory/Other Authority: 690.390 Statutes/Other Implemented: 676.615 & 690.390 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 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 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
331-900-0098 Standards for Client Services for Earlobe Piercing Licensees (1) An earlobe piercing license holder must observe and adhere to the following hand washing and disposable glove standards when servicing clients: (a) Wash hands with soap and water before and after a service is provided to a client. Use of antibacterial hand sanitizer before and after a service on a client is prohibited. (b) Hand washing must include 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. Use of bar soap is prohibited. (c) Notwithstanding the requirements of subsection (1)(a) of this rule, when using an antibacterial hand sanitizer, friction must be applied on all surfaces of the hands and wrists. (2) An earlobe piercing license holder must observe and adhere to the following protective disposable glove standards when servicing clients: (a) New disposable gloves must be worn during the treatment of each client; (b) Hands must be washed in accordance with hand washing instructions listed in subsection (1) of this rule before putting on disposable gloves and immediately after disposable gloves are removed; (c) When a treatment session is interrupted, disposable gloves must be removed and discarded. Hand washing instructions listed in subsection (1) of this rule must be followed and a new pair of gloves put on when returning to the procedure service area; (d) When a licensee leaves the procedure area in the middle of an earlobe piercing procedure, gloves must be removed before leaving the procedure area, hand washing instructions listed in subsection (1) of this rule must be followed and a new pair of gloves put on when returning to the procedure area; (e) Disposable gloves must be removed and discarded before leaving the procedure area; (f) Torn or perforated gloves must be removed immediately, and hand washing instructions listed in subsection (1) of this rule must be followed and gloves changed following hand washing; and (g) The use of disposable gloves does not preclude or substitute for hand washing instructions listed in subsection (1) of this rule. (3) Disposable gloves must be worn during pre-cleaning, cleaning, rinsing, disinfecting and drying of equipment and instruments; (4) A client’s skin must be thoroughly cleaned with an antiseptic solution. (5) A licensee is prohibited from wearing jewelry under gloves. Statutory/Other Authority: 676.615 & 690.390 Statutes/Other Implemented: 690.390 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 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
331-900-0100 Standard Body Piercing Practice Standards and Prohibitions (1) Piercing is prohibited: (a) On a person younger than 18 years of age unless the requirements of OAR 331-900-0130 are met. (b) On the genital or nipple of a person younger than 18 years of age regardless of parental consent. (c) On a person's testes, deep shaft (corpus cavernosa), uvula, eyelids and sub-clavicle; horizontal tongue piercings also are prohibited; (d) On a person who shows signs of being inebriated or appears to be incapacitated by the use of alcohol or drugs; and (e) On a person with sunburn or other skin diseases or disorders of the skin such as open lesions, rashes, wounds, puncture marks in areas of treatment. (2) A standard body piercing licensee is prohibited from using an earlobe piercing gun unless a license for earlobe piercing is obtained. (3) The Office adopts the Association of Professional Piercers 2013 Procedure Manual by reference which must be used by licensees as a standard of care for body piercing best practices. The procedure manual can be located at http://www.safepiercing.org/publications/procedure-manual/ Statutory/Other Authority: 676.615 & 690.390 Statutes/Other Implemented: 690.390 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 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
331-900-0105 Initial Jewelry for Standard Body Piercing (1) A standard body piercer must meet the following jewelry grade standards for initial piercings unless requirements listed in subsection (5) 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); (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 which 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 Statutes/Other Implemented: 690.390 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 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0110 Informed Consent for Certain Standard 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 may be electronically signed and stored in accordance with (1) of this rule. Statutory/Other Authority: 676.615 & 690.405 Statutes/Other Implemented: 690.405 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0120 Standards for Client Services for Standard 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 & 690.405 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