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OREGON HEALTH AUTHORITY
HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY
DIVISION 20
LICENSING AND OPERATION OF A FACILITY
817-020-0001
Facility
License
(1) Pursuant to ORS 690.055 a facility
license must be obtained when operating a business establishment, providing services
in one or more fields of practice defined in ORS 690.005.
(2) 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.
(3) The holder of a facility
license must be a natural person.
(4) The facility license
holder may be a facility owner, facility manager, or any other natural person.
(5) 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 817-020-0006. 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.
(6) A facility license holder
must meet and adhere to all applicable requirements listed under OAR Chapter 817,
division 10, 15, 35, 60, 817-020-0007 and if applicable 817-020-0009.
Stat. Auth.: ORS 676.607, 676.612, 676.615,
676.992, 690.057, 690.085, 690.123, 690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.607,
676.612, 676.992, 690.046, 690.055, 690.165, 690.085 & 690.123
Hist.: BOC 2-2012, f. 8-31-12,
cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-020-0006
Application Requirements for Facility
Licensure
To obtain a facility license the applicant
must meet the requirements of OAR 331 division 30 and submit the following:
(1) A completed application
form prescribed by the agency, which must contain the information listed in OAR
331-030-0000 and be accompanied by payment of the required fees;
(2) Proof of being 18 years
of age. Documentation may include identification listed under OAR 331-030-0000;
(3) A map or directions to
the facility if it is located in a rural or isolated area;
(4) A list of authorization
holders providing services in the facility;
(5) The name of facility;
and
(6) If the facility is not
operating under the real and true name of each owner the applicant must provide
appropriate documentation of being registered with the Secretary of State under
ORS 648 including but not limited to a facility operating under a corporation, limited
liability corporation or an assumed business name.
Stat. Auth.: ORS 676.605, 690.055 &
690.165, 690.205, 690.225
Stats. Implemented: ORS 676.605,
690.055 & 690.165, 690.205, 690.225
Hist.: BH 2-1978, f. &
ef. 11-29-78; BH 4-1984, f. & ef. 12-7-84; BH 1-1988, f. & cert. ef. 7-1-88;
BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94;
BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00;
BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; Renumbered from 817-020-0005, 817-020-0011,
817-020-0012, BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert.
ef. 5-5-11; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert.
ef. 3-1-14
817-020-0007
Facility
Standards
(1) A facility license holder must:
(a) Comply with the notification
requirements of OAR 331-010-0040;
(b) Allow the agency’s
representative to inspect the facility or conduct an investigation. Obstructing
or hindering the normal progress of an investigation or the inspection, threatening
or exerting physical harm, or enabling another individual or employee to impede
an investigation or inspection may result in disciplinary action pursuant to ORS
676.608 or 690.225.
(c) Comply with all applicable
administrative rules and regulations of the Board and other state agencies regarding
health, safety, and infection control standards including those listed in OAR 817-010-0007.
(d) Require each authorization
holder working within the facility premises providing services in a field of practice
to have the appropriate and required authorization.
(2) All shared or common
areas must be clean and sanitary and are the responsibility of each authorization
holder.
(3) Each authorization holder
at a facility may be cited for violations of rules or regulations found in the shared
or common area of a facility, unless a contractual agreement exists that indicates
specific responsibility for the cleanliness of a shared or common area within the
facility.
(4) When body piercing, electrology
or tattoo services are provided in a cosmetology facility, body piercing, electrology
or tattoo services must be separated from cosmetology services by a solid barrier
to prevent contact with irritants.
Stat. Auth.: ORS 676.607, 676.612, 676.615,
676.992, 690.057, 690.085, 690.123, 690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.607,
676.612, 676.992, 690.046, 690.055, 690.165, 690.085 & 690.123
Hist.: BOC 2-2012, f. 8-31-12,
cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-020-0009
Standards
for Facilities Located in Residence
A facility located in a residence must
comply with all standards listed in OAR chapter 817, division 010 unless otherwise
specified by rule, in addition to the following:
(1) Have an identifying house
number and a sign with the facility name, which matches the one on file with the
agency, and is easily visible from the street, and indicates the location of the
facility;
(2) Be equipped with the
structures, accommodations, and equipment which the Agency requires for all facilities;
and
(3) The living area of the
home must be separated from the facility by solid walls extending from floor to
ceiling, with any connecting doors kept closed while the facility is in operation.
(4) An adequate supply of
hot and cold running water must be available. Sinks in the restroom do not qualify
as a water source for a facility located within a residence.
(5) A separate entrance is
not required for facilities located in a residence.
Stat. Auth.: ORS 676.607, 676.612, 676.615,
676.992, 690.057, 690.085, 690.123, 690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.607,
676.612, 676.992, 690.046, 690.055, 690.165, 690.085 & 690.123
Hist.: BOC 2-2012, f. 8-31-12,
cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-020-0305
Licensed Health Care Facility
(1) Under ORS 690.025(3) the provisions
of 690.005 to 690.235 do not apply to persons who are acting under the authority
of a hospital or long term care facility licensed under 441.025 or a residential
facility licensed under 443.415.
(2) Persons exempt under
ORS 690.025(3) are limited to providing well being care and personal hygiene services,
including, but not limited to, cutting, shaving, or trimming of hair, beard or mustache,
washing, brushing, and combing hair and basic skin and nail care on individuals
residing at the hospital or long term care facility licensed under 441.025 or the
residential facility licensed under 443.415.
(3) Persons exempt under
ORS 690.025(3) are prohibited from providing chemical services, including, but not
limited to permanent waving and coloring of hair, temporary hair removal and applying
or removing artificial nails.
(4) Persons exempt under
ORS 690.025(3) are limited to performing services listed in sub section (2) of this
rule on individuals who reside at the hospital or long term care facility licensed
under ORS 441.025 or the residential facility licensed under 443.415.
(5) The exemption under ORS
690.025(3) only applies to employees of the hospital or long term care facility
licensed under 441.025 or the residential facility licensed under 443.415 and volunteers
working under the direct control and supervision of the hospital or long term care
facility licensed under 441.025 or the residential facility licensed under 443.415
(6) For the purpose of this
rule residential facility means a facility licensed under ORS 443.415 and defined
under OAR 411-054-0005(48).
(7) For the purpose of this
rule, a hospital or long term care facility means a facility licensed under ORS
442.025 and defined 442.015(13) and 442.015(16).
Stat. Auth.: ORS 690.015, 690.025, 690.035,
690.055, 690.165, 690.205 & 690.225
Stats. Implemented: ORS 690.015,
690.025, 690.035, 690.055, 690.165, 690.205, 690.225 & 442
Hist.: BH 3-1994, f. 6-23-94,
cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BOC 1-2000, f. 5-12-00,
cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. &
cert. ef. 3-15-06; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-020-0325
Temporary Facility
(1) A temporary facility permit holder
defined under ORS 690.005 and issued under ORS 690.055, may perform services in
a field of practice under ORS 690.005.
(2) The holder of a temporary
facility permit must be a natural person.
(3) A temporary facility
permit is valid for a limited time not to exceed 30 consecutive calendar days, at
settings such as fairs, carnivals or bazaars.
(4) A temporary facility
license holder must meet and adhere to all applicable requirements listed under
OAR Chapter 817, division 10, 15, 35, 60, 817-020-0007 and if applicable 817-020-0009.
(5) If a facility owner licensed
under OAR 817-020-0001 intends to operate a facility on a limited basis, away from
the facility address on file with the agency, they must obtain a temporary facility
permit.
Stat. Auth.: 2013 OL Ch. 314, 290, 188,
ORS 676.580, 676.586, 676.607, 676.615, 690.005, 690.055, 690.105 & 690.123
Stats. Implemented: 2013
OL Ch. 314, 290, 188, ORS 676.580, 676.586, 690.005, 690.025, 690.046, 690.055,
690.105, 690.123 & 690.165
Hist.: BOC 1-2014, f. 2-27-14,
cert. ef. 3-1-14
817-020-0350
Application Requirements for Temporary
Facility Permit
(1) For the Agency to issue a temporary
facility permit the applicant must:
(a) Meet the requirements
of OAR 331 division 30;
(b) Submit a completed application
form prescribed by the Agency, which must contain the information listed in OAR
331-030-0000 and be accompanied by payment of the required fees;
(c) Submit proof of being
at least 18 years of age. Documentation may include identification listed under
OAR 331-030-0000,
(d) Provide a map or directions
to the temporary facility if it is in a rural or isolated area;
(e) Provide a list of authorization
holders providing services in the temporary facility;
(f) Submit on the application
form the name of the temporary facility; and
(2) If the temporary facility
is not operating under the real and true name of each owner. The applicant must
provide appropriate documentation of being registered with the Secretary of State
under ORS 648 including but not limited to a temporary facility operating under
a corporation, limited liability corporation or an assumed business name.
Stat. Auth.: 2013 OL Ch. 314, 290, 188,
ORS 676.580, 676.586, 676.607, 676.615, 690.005, 690.055, 690.105 & 690.123
Stats. Implemented: 2013
OL Ch. 314, 290, 188, ORS 676.580, 676.586, 690.005, 690.025, 690.046, 690.055,
690.105, 690.123 & 690.165
Hist.: BOC 1-2014, f. 2-27-14,
cert. ef. 3-1-14
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contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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