Oregon Health Authority
Health Licensing Office - Chapter 331
Division 900
BODY PIERCING
331-900-0000
Body Piercing Definitions
331-900-0000
Body Piercing Definitions
The following definitions apply to OAR chapter 331, division 900:
(1) "Affidavit of Licensure" has the meaning set forth in OAR 331-030-0040.
(2) “APP” means Association of Professional Piercers.
(3) “Body piercing” has the definition set forth in ORS 690.350.
(4) “Direct supervision” means the supervisor or instructor is present in the facility and actively involved in direct oversight and training of students or individuals in training.
(5) “Disinfect” means the process that kills some but not all disease-causing microorganisms and slows regrowth.
(6) “Earlobe piercing services” means services limited to the soft lower part of the external ear only, not to include cartilage.
(7) “EPA” means United States Environmental Protection Agency.
(8) “FDA” means Food and Drug Administration.
(9) “Field of practice” has the definition set forth in ORS 690.350.
(10) "High-level disinfectant" means a chemical agent, registered with the EPA, which has demonstrated tuberculocidal activity.
(11) "Instruments" means equipment used during body piercing services. Types of instruments include but are not limited to needles, forceps, hemostats, tweezers, and jewelry.
(12) “Office” mean Health Licensing Office.
(13) “Official transcript” means:
(a) An original document authorized by the appropriate office in the Oregon Department of Education and certified by a career school licensed under ORS chapter 345 indicating applicant identity information, field of practice(s) enrolled under, specific hour requirements for each field of practice if applicable, enrollment information and a signature by an authorized representative on file with the Office. Original documents must be submitted directly to the Office from the educational institution by United States Postal Service mail or other recognized mail service providers in a sealed envelope; or
(b) A document authorized by the appropriate office in the Higher Education Coordinating Commission and certified by career school licensed under ORS chapter 345 providing applicant identity information, field(s) of practice studied and completed, specific hour requirements for each field of practice if applicable, enrollment information and a signature by an authorized representative on file with the Office. Non-original documents shall only be accepted when and in the manner approved by the Office
(14) “Practitioner” means a person licensed to perform services included within a field of practice.
(15) "Sharps container" means 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.
(16) “Single point piercing”, also referred to as an anchor or microdermal, means a single point perforation of any body part for the purpose of inserting an anchor with a step post either protruding or flush with the skin;
(17) “Standard body piercing” includes all body piercings not listed in specialty level one piercings, including cheek piercings and non-midline tongue piercings, and specialty level two genital piercings defined under 331-905-0000 and piercings prohibited under OAR 331-900-0100.
(18) “Standard body piercing temporary trainee” means temporary trainee.
(19) “Sterilize” means the process that kills all microbial life.
(20) “Surface piercing” means any standard body piercing that is pierced on an area of the body that is generally flat and where the piercing channel is parallel to the surface of the skin and in which both exit and entry point are on the same plane.
Statutory/Other Authority: 690.390, 690.405 & 676.615
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 15-2012(Temp), f. & cert. ef. 10-15-12 thru 4-12-13
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
331-900-0005
Standard Body Piercing Education or Training
All education curriculum or training for standard body piercing must meet requirements set forth by the Office prior to beginning education or training. The theory portion of the curriculum or training must be completed prior to the practical portion of the curriculum or training.
(1) Standard body piercing career school course of study must include 750 hours of theory and practical education. The education must include a minimum of 250 hours of theory instruction, and 500 hours of practical experience. The 500 hours of practical experience must include a minimum of 300 practical procedures.
(2) The 300 practical procedures required under (1) of this rule must include:
(a) 100 practical procedures in which the student observed and participated; and
(b) 200 practical procedures performed by the student under direct supervision, but without assistance.
(3) The 250 hours of theory instruction required in (1) of this section must include the following and must have been completed within two years from the date of application for licensure:
(a) Anatomy, Physiology & Histology: 70 hours;
(b) Infection control: 50 hours;
(c) Jewelry: 15 hours;
(d) Equipment: 20 hours;
(e) Environment: 15 hours;
(f) Ethics and legalities: 15 hours;
(g) Emergencies: 5 hours;
(h) Client consultation: 30 hours.
(i) Oregon laws and rules: 20 hours; and
(j) Discretionary related to body piercing: 10 hours.
(4) The 500 hours of practical experience required in (1) of this rule must include client consultation, cleaning, disinfection and sterilization.
(5) The 300 practical procedures must include the content in section (4) of this rule and the standard body piercing procedures below:
(a) 60 total body piercings: minimum of 5 of each of the following locations on the body, septum, eyebrow, bridge, male nipple, female nipple, navel, and earlobe;
(b) 40 total cartilage piercings: minimum of 5 of each of the following locations on the body, helix, tragus, rook, conch, daith and nostril;
(c) 20 total oral piercings: minimum of 5 of each of the following locations on the face, mouth, tongue (center line vertical only) and lip;
(d) 15 total surface piercings: minimum of 5 of each of the following surface piercings, surface bar and single point; and
(e) 65 additional standard body piercings.
(6) As part of the approved course of study, all hours of theory must be completed prior to the student performing practical procedures.
(7) Education must be conducted by a Higher Education Coordinating Commission, Private Career School.
(8) Education must be conducted by a licensed instructor who holds an active standard body piercing license.
(9) An instructor licensed by Higher Education Coordinating Commission must provide direct supervision, on a one-to-one student/teacher ratio when the student is performing practical procedures.
(10) A standard body piercing student may simultaneously obtain education in specialty level 1 defined in OAR 331-905-0005 while obtaining education in standard body piercing. An applicant must first obtain a standard body piercing license prior to applying for a specialty level one piercing license.
(11) Supervised training requirements for temporary trainees: Standard body piercing training program must include 750 hours of theory and practical training. The training must include a minimum of 250 hours of theory instruction, 500 hours of practical experience, of the 500 hours of practical experience a minimum of 300 practical operations must be completed.
(12) The 300 practical operations required under (9) of this rule must include:
(a) 100 practical operations in which the student observed and participated; and
(b) 200 practical operations performed by the student under direct supervision, but without assistance.
(13) The 250 hours of theory instruction required in (9) of this section must include the following and must have been received within two years from the date of application for licensure:
(a) Anatomy, Physiology & Histology: 70 hours;
(b) Infection control: 50 hours;
(c) Jewelry: 15 hours;
(d) Equipment: 20 hours;
(e) Environment: 15 hours;
(f) Ethics and legalities: 15 hours;
(g) Emergencies: 5 hours;
(h) Client consultation: 30 hours.
(i) Oregon laws and rules: 20 hours; and
(j) Discretionary related to body piercing: 10 hours.
(14) The 500 hours of practical experience required in (9) of this rule must include client consultation, cleaning, disinfection and sterilization.
(15) The 300 practical operations must include the content listed in section (12) of this rule and the standard body piercing procedures listed below:
(a) 40 total cartilage piercings: minimum of 5 of each of the following locations on the body helix, tragus, rook, conch, daith and nostril;
(b) 60 total body piercings: minimum of 5 of each of the following locations on the body septum, eyebrow, bridge, male nipple, female nipple, navel, and earlobe;
(c) 20 total oral piercings: minimum of 5 of each of the following locations on the face, mouth, tongue (center line vertical only) and lip;
(d) 15 surface piercings: minimum of 5 of each of the following surface piercings surface bar and single point; and
(e) 65 additional standard body piercings.
(16) As part of the approved training, all hours of theory must be completed prior to practical work being performed.
(17) Training must be completed in no less than nine months from the date the Office issues the temporary trainee license.
(18) A supervisor must provide direct supervision of practical training on a one-to-one trainee to trainer ratio when the trainee is working on the general public.
(19) Supervisors of a temporary trainee must adhere to OAR 331-900-0050.
(20) A temporary trainee may have one or more approved supervisors during the standard body piercing training program.
(21) A temporary trainee may obtain training in specialty level one piercing defined in OAR 331-905-0005 while obtaining training in standard body piercing, if appropriate temporary licensing listed in OAR 331-905-0011 and 331-905-0012 is obtained. An applicant must first obtain a standard body piercing license prior to applying for a specialty level one piercing license.
(22) Training listed in (11) through (15) of this rule must be provided by an approved supervisor pursuant to OAR 331-900-0050.
Statutory/Other Authority: 690.365, 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 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
331-900-0010
Earlobe Piercing License
(1) An earlobe piercing license is valid for one year, and is eligible for renewal. An earlobe piercing license becomes inactive on the last day of the month one year from the date of issuance.
(2) An earlobe piercer must adhere to all standards within OAR 331-900-0095, 331-900-0097, 331-900-0098, 331-900-0130 and all applicable rules listed in OAR 331 division 925.
(3) An earlobe piercer, licensed under ORS 690.365, may provide earlobe piercing services only.
(4) An earlobe piercer licensed prior to January 1, 2014, is not required to meet application requirements listed in OAR 331-900-0015.
Statutory/Other Authority: 676.615, 690.405 & 690.365
Statutes/Other Implemented: 690.405 & 690.365
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
331-900-0015
Application Requirements for Earlobe Piercing License
An individual applying for an earlobe piercing license must:
(1) Meet 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) Submit proof of being at least 18 years of age. Documentation may include identification listed under OAR 331-030-0000;
(4) Submit proof of having a high school diploma or equivalent;
(5) Submit proof of current blood borne pathogens training from an Office-approved provider;
(6) Submit proof of current basic first aid training from an Office-approved provider;
(7) Submit passing score of Office-approved written examinations in accordance with OAR 331-900-0060(1) and (2) within two years from the date of application;
(8) Upon passage of all required examinations and before issuance of a license, the applicant must pay all license fees.
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 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
HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0020
Standard Body Piercing Temporary Trainee License
(1) A standard body piercing temporary trainee license is valid for one year, and may be renewed one time. After the second renewal becomes inactive the individual may reapply for a temporary trainee license.
(2) A temporary trainee, licensed under ORS 690.365, may provide standard piercing services under the direct supervision of an Office-approved supervisor pursuant OAR 331-900-0050 and 331-900-0055.
(3) A temporary trainee must have an approved supervisor onsite when providing services.
(4) Supervisors of a temporary trainee must adhere to OAR 331-900-0055.
(5) A temporary trainee must work in a licensed facility under OAR 331, division 925.
(6) A temporary trainee may obtain training in specialty level 1 piercing defined in OAR 331-905-0005 while obtaining training in standard body piercing, if appropriate temporary licensing listed in OAR 331-905-0011 and 331-905-0012 is obtained. An applicant must first obtain a standard body piercing license prior to obtaining specialty level one piercing license.
(7) A temporary license trainee must notify the Office within 10 calendar days of changes in employment status or changes in supervisor status pursuant to OAR 331-010-0040.
(8) A temporary trainee is prohibited from performing specialty level one piercing services defined under OAR 331-905-0000, unless appropriate temporary licensing is obtained, and specialty level two genital piercing services defined under OAR 331-905-0000.
(9) A temporary trainee is prohibited from piercing the testes, deep shaft (corpus cavernosa), uvula, eyelids or sub-clavicle and performing horizontal tongue piercings.
(10) A temporary trainee must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-900-0115, 331-900-0120, 331-900-0125, 331-900-0130, and all applicable rules listed in OAR 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 15-2013, f. 12-30-13, cert. ef. 1-1-14
HLA 1-2013, f. & cert. ef. 1-16-13
HLA 3-2013, f. 3-12-13, cert. ef. 3-15-13
HLA 2-2013(Temp), f. & cert. ef. 1-16-13 thru 7-14-13
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
331-900-0025
Application Requirements for Standard Body Piercing Temporary Trainee License
An individual applying for a standard body piercing temporary trainee license must:
(1) Meet 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 application fees;
(3) Submit proof of being at least 18 years of age; documentation may include identification listed under OAR 331-030-0000;
(4) Submit proof of having a high school diploma or equivalent;
(5) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Office-approved provider;
(6) Submit proof of current blood borne pathogens training from an Office-approved provider; and
(7) Pay applicable licensing fees.
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 3-2013, f. 3-12-13, cert. ef. 3-15-13
HLA 2-2013(Temp), f. & cert. ef. 1-16-13 thru 7-14-13
HLA 10-2012, f. & cert. ef. 6-25-12
HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0030
Standard Body Piercing License
(1) A standard body piercer, licensed under ORS 690.365, may perform standard body piercing services.
(2) A standard body piercing license is good for one year and becomes inactive on the last day of the month one year from the date of issuance.
(3) A standard body piercer must notify the Office within 10 calendar days of changes in employment status or work location pursuant to OAR 331-010-0040.
(4) A standard body piercer is prohibited from performing specialty level one piercing services defined under OAR 331-905-0000 until requirements of OAR 331-905-0040 are met and specialty level two genital piercing services defined under OAR 331-905-0000 until requirements of OAR 331-905-0050 are met.
(5) A standard body piercer is prohibited from piercing the testes, deep shaft (corpus cavernosa), uvula, eyelids or sub-clavicle and performing horizontal tongue piercings.
(6) A standard body piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-900-0115, 331-900-0120, 331-900-0125, 331-900-0130, and all applicable rules listed in OAR 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 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
331-900-0035
Application Requirements for Standard Body Piercing License
(1) An individual applying for licensure to practice standard body piercing must:
(a) Meet the requirements of OAR 331 division 30;
(b) 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 application fees;
(c) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Office-approved provider;
(d) Submit proof of current blood borne pathogens training from an Office-approved provider;
(e) Submit proof of being at least 18 years of age; documentation may include identification listed under OAR 331-030-0000;
(f) Submit proof of having a high school diploma or equivalent; and
(g) Provide documentation of completing a qualifying pathway.
(2) License Pathway 1 — A graduate from an Oregon Licensed Career School for Standard Body Piercing must:
(a) Submit official transcript from a body piercing career school under ORS 345 showing proof of completion of required standard body piercing curriculum as approved by the Office under OAR 331-900-0005 within two years from the date of application;
(b) Pay examination fees;
(c) Submit passing score of an Office-approved written examination in accordance with OAR 331-900-0060(1)(c) within two years before the date of application;
(d) Submit a passing score of an Office-approved practical examination in accordance with OAR 331-900-0060(1)(d) within two years before the date of application;
(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.
(f) An applicant is not required to provide proof of official transcripts from a body piercing career school under ORS 345 if the applicant was previously licensed as a body piercer in Oregon.
(3) License Pathway 2 — An individual qualifying for licensure as a Temporary Trainee must:
(a) Submit documentation approved by the Office showing proof of having completed training listed under OAR 331-900-0005, verified by a supervisor approved under OAR 331-900-0055, on a form prescribed by the Office within two years from the date of application;
(b) Pay examination fees;
(c) Submit passing score of an Office-approved written examination for standard body piercing in accordance with OAR 331-900-0060(1)(c) within two years before the date of application;
(d) Submit a passing score of an Office-approved practical examination in accordance with OAR 331-900-0060(1)(d) within two years before the date of application; and
(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.
(4) License Pathway 3 — An individual qualifying for licensure through Reciprocity must:
(a) Submit an affidavit of licensure pursuant to OAR 331-030-0040 demonstrating proof of current license as a body piercer, which is active with no current or pending disciplinary action. The licensing must be substantially equivalent to Oregon licensing requirements pursuant to ORS 690.365. Or if not substantially equivalent the applicant must demonstrate to the satisfaction of the Office that the applicant has been working as a body piercer with the equivalent of three years of experience that was obtained within the last five years or five years out of the last 10 years. Documentation proving experience may include but is not limited to tax documents, employer letters or business licensing;
(b) Pay examination fees;
(c) Submit passing score of an Office-approved written examination in accordance with OAR 331-900-0060(1)(c) within two years before the date of application;
(d) Submit a passing score of an Office-approved practical examination in accordance with OAR 331-900-0060(1)(d) within two years before the date of application; and
(e) Upon passage of all required examinations and before issuance of license, applicant must pay all license fees.
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 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0040
Temporary Standard Body Piercing License - Limited Basis
(1) A temporary standard body piercing license, pursuant to ORS 690.365, is a temporary license to perform standard body piercing services on a limited basis, not to exceed 30 consecutive calendar days. A temporary standard body piercing license holder:
(a) May renew the license up to two times, in a 12 month period from the date the Office receives the initial application. License renewal can be done consecutively with no lapse in active license dates;
(b) Must submit all requests to renew a license on a form prescribed by the Office.
(c) Must submit notification of a change in work location on a form prescribed by the Office at least 24 hours before services are performed pursuant to OAR 331-010-0040; and
(d) Must work in a licensed facility under OAR 331, division 925.
(2) A temporary standard body piercing license holder may only perform standard body piercing services.
(3) A temporary standard body piercing license holder is prohibited from performing specialty level one genital piercing services defined under OAR 331-905-0000 and specialty level two genital piercing services defined under 331-905-0000.
(4) A temporary standard body piercing license holder is prohibited from piercing the testes, deep shaft (corpus cavernosa), uvula, eyelids or sub-clavicle and performing horizontal tongue piercings.
(5) A temporary standard body piercing license holder must adhere to all standards within OAR 331-900-0100, 331-900-0105, 331-900-0110, 331-900-0115, 331-900-0120, 331-900-0125, 331-900-0130, and all applicable rules listed in OAR 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 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
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
331-900-0045
Application Requirements for Temporary Standard Body Piercing License
An individual applying for a temporary standard body piercing license must:
(1) Meet the requirements of OAR 331 division 30;
(2) Submit a completed application form prescribed by the Office, which contains the information listed in OAR 331-030-0000, be accompanied by payment of the required application fee and must be received at least 20 days before standard body piercing services are provided to clients;.
(3) Submit proof of being at least 18 years of age; documentation includes identification listed under OAR 331-030-0000;
(4) Submit proof of current blood borne pathogens training from an Office-approved provider;
(5) Attest to six months of training or experience in body piercing within the last two years on a form prescribed by the Office; or
(6) Submit affidavit of licensure pursuant to OAR 331-030-0040.
(7) For the purpose of this rule, training or experience includes attendance or participation at an instructional program presented, recognized, or under the sponsorship of any permanently organized institution, agency, or professional organization or association recognized by the Office.
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 10-2012, f. & cert. ef. 6-25-12
HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0050
Standard Body Piercing Supervisor
(1) An approved standard body piercing supervisor may supervise one temporary trainee when a procedure is being performed by a temporary trainee. Multiple temporary trainees may observe a piercing procedure.
(2) Supervisors must provide direct supervision to temporary trainees when standard body piercing services are being performed.
(3) An approved standard body piercing supervisor must exercise management, guidance, and control over the activities of the trainee and must exercise professional judgment and be responsible for all matters relative to the standard body piercing.
(4) An approved standard body piercing supervisor must document work done by the temporary trainee on a form prescribed by the Office and maintain training documentation for a minimum of two years following completion of training.
(5) An approved supervisor must notify the Office in writing within five calendar days if a temporary trainee is no longer being supervised, and must provide the number of hours of training completed on a form prescribed by the Office.
(6) Notwithstanding any other disciplinary actions, an approved supervisor’s authorization to supervise may be withdrawn by the Office for providing incomplete or inadequate training or falsifying documentation.
(7) An approved supervisor is not required to directly supervise a standard body piercing temporary license holder waiting to take practical examination but is required to be onsite when body piercing services are being performed.
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 15-2013, f. 12-30-13, cert. ef. 1-1-14
HLA 3-2013, f. 3-12-13, cert. ef. 3-15-13
HLA 2-2013(Temp), f. & cert. ef. 1-16-13 thru 7-14-13
HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0055
Requirements for Standard Body Piercing Supervisor
To be an approved supervisor for a standard body piercing temporary trainee, an individual must:
(1) Submit a completed form prescribed by the Office, which must contain the information listed in OAR 331-030-0000;
(2) Hold an active, standard body piercing license, with no current or pending disciplinary action;
(3) Submit proof of having been actively practicing standard body piercing for at least two of the last five years before the date of application.
(4) Submit proof of current cardiopulmonary resuscitation and basic first aid training from an Office-approved provider;
(5) Submit proof of current blood borne pathogens training from an Office-approved provider.
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 3-2013, f. 3-12-13, cert. ef. 3-15-13
HLA 2-2013(Temp), f. & cert. ef. 1-16-13 thru 7-14-13
HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0060
Approved Body Piercing Examinations
The Office has approved the following examinations:
(1) Oregon client care written examination for earlobe piercing; and
(2) Oregon safety, sanitation and infection control written examination for earlobe piercing.
(3) Oregon standard body piercing written examination; and
(4) Oregon standard body piercing practical examination.
Statutory/Other Authority: 676.615 & 676.560
Statutes/Other Implemented: 676.615 & 676.560
History:
HLO 56-2018, minor correction filed 02/07/2018, effective 02/07/2018
HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018
HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-900-0065
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
331-900-0085
Continuing Education for Standard Body Piercing License
(1) To maintain licensure, a standard or specialty body piercer license holder must complete a minimum of 10 hours of satisfactory continuing education every year.
(2) A standard or specialty body piercer license holder must document compliance with the continuing education requirement through attestation on the license renewal application. Licensees will be subject to the provisions of OAR 331-900-0090 pertaining to periodic audit of continuing education.
(3) Continuing Education may be obtained through online courses, attendance at lectures, sessions, courses, workshops, symposiums seminars or other presentations offered by:
(a) Five hours must be obtained by participation in or attendance at a course provided by:
(A) Institutions or programs accredited by a federally recognized accrediting agency;
(B) Institutions or programs approved by an agency within the Oregon Higher Education Coordinating Commission;
(C) An organization offering continuing medical education opportunities, including Accreditation Council for Continuing Medical Education, Association of Professional Piercers and Fakir Piercing Academy; and
(D) Any additional Office approved professional organization, or association, hospital, health care clinic or other training sponsor, including but not limited to body art facilities or county health departments, offering continuing education related to subject matter listed in (4) of this rule.
(b) Five hours may be self-study, where subject matter meets the requirements under subsection (4) of this rule, which may include the following:
(A) Correspondence courses including online courses through completion and certification by an approved national home study organization;
(B) Review of publications, textbooks, printed material, or audio cassette(s); and
(C) Viewing of films, videos, or slides.
(4) The subject matter of the continuing education must be specifically related to body piercing. As outlined in the approved course of study under OAR 331-900-0005 (3) and (11). Continuing education may include the laws and rules regulating licensed body piercers, health care professional concerns such as safety, emergencies, client consultation, business ethics, and business practices or legalities.
(5) In order to renew, continuing education requirements must be met every year, even if the license is inactive or suspended.
(6) Obtaining and maintaining proof of participation in required continuing education is the responsibility of the licensee. The licensee must ensure that adequate proof of attainment of required continuing education is available for audit or investigation or when otherwise requested by the Office. Adequate proof of participation is listed under OAR 331-900-0090(3).
(7) Documentation of participation in continuing education requirements must be maintained for a period of five years following renewal, and must be available to the Office upon request.
(8) Current training and certification in CPR, first aid, and blood borne pathogens is a condition of renewal and is not eligible for continuing education credit).
(9) A licensee may carry up to 8 hours of excess continuing education hours forward to the next renewal cycle.
(10) For the purpose of this rule continuing education hours mean actual academic, classroom, or course work time, including but not limited to workshops, symposiums, or seminars. Continuing education hours do not include travel time to or from the training site, registration or check-in periods, breaks or lunch periods.
Statutory/Other Authority: 676.615, 690.385, 676.586 & 690.405
Statutes/Other Implemented: 690.385, 676.586 & 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
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
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
331-900-0090
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
331-900-0097
General Standards for Earlobe Piercing
(1) The cleanliness of any common area in a facility is the responsibility of each license holder. All license holders may be cited for violations found in the common area.
(2) An earlobe piercing license holder licensed to perform earlobe piercing services or a licensed facility owner must:
(a) Use and maintain appropriate equipment and instruments for providing services in the facility;
(b) Use all equipment, instruments and supplies in a manner described in the manufacturer’s instructions which is consistent with the manufacturer’s intended use of the device by the FDA;
(c) Use equipment and instruments that are not prohibited by the Office or the FDA for use by earlobe piercing license holders;
(d) Ensure a high-level disinfectant is used in accordance with manufacturer’s instructions to disinfect surfaces where services are performed;
(e) Ensure chemicals are stored in labeled, closed containers;
(f) Ensure that new single-use disposable paper products are used for each client. Use of towels and linens are prohibited;
(g) Ensure lavatories located within the facility are kept clean and in good working order at all times. Air blowers within lavatories can be substituted for disposable hand towels;
(h) Ensure pets or other animals not be permitted in the facility. This prohibition does not apply to service animals recognized by the American with Disabilities Act or to fish in aquariums or nonpoisonous reptiles in terrariums;
(i) Ensure all disinfecting solutions or agents be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times the facility is open for business;
(j) Ensure all waste or garbage is disposed of in a covered container with a garbage liner;
(k) Ensure all waste which contains blood or other potentially infectious materials be enclosed and secured in a glove or bag then disposed of in a covered container with a garbage liner immediately following the service;
(l) Ensure sharp objects that come in contact with blood or other potentially infectious materials be disposed of in a sharps container;
(m) Ensure biohazard labels or red biohazard bags are available on the facility premises;
(n) Adhere to all Centers for Disease Control Standards;
(o) Ensure all surfaces in procedure area are nonporous and disinfected with a high level disinfectant;
(3) An earlobe piercing licensee must wear eye goggles, shields or a mask if spattering is possible while providing services.
(4) All substances used on clients must be single use to prevent contamination of the unused portion.
(5) Single use tubes or containers and applicators shall be discarded following the service.
(6) As of June 30, 2022, all facilities licensed under OAR Chapter 331, Division 925 must have unrestricted access to a sink with hot and cold running water within the facility premises but separate from a restroom. This may include, but is not limited to, portable handwashing stations or sinks. This rule does not apply to electrologists licensed under OAR Chapter 331 Division 910.
(7) Cross contamination from touch or air particulates in any procedure area that comes in direct contact with client is prohibited.
(8) All tools and instruments used to mark earlobe piercing locations must be disposed of after use on a client.
Statutory/Other Authority: 676.615 & 690.390
Statutes/Other Implemented: 690.390
History:
HLO 14-2022, amend filed 06/30/2022, effective 07/01/2022
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
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
331-900-0099
Client Records and Information for Earlobe Piercing License Holder
(1) An earlobe piercing license holder is responsible for maintaining and keeping copies of all client records. If client records are maintained by the facility, 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;
(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;
(g) Description of complications during procedure(s);
(h) Signature from the client that they have received the following information in writing and verbally:
(A) All information related to the earlobe piercing service including possible reactions, side effects and potential complications of the service and consent to obtaining the earlobe piercing service; and
(B) After care instructions including care following service, possible side effects and complications and restrictions.
(i) Signature from the client that they have been informed, both verbally and in writing, of all information related to the earlobe piercing services including possible reactions, side effects and potential complications of the service and consent to obtaining the earlobe piercing service;
(j) Signature that the client has received the Office contact information and how to make a complaint.
(k) Proof of age or consent consisting of one of the following:
(A) If the client is of older than 18, a copy of a government issued photographic identification. A copy of the government issued photographic identification must be included in the client record;
(B) If the client is a minor written parental or legal guardian consent is required. The written parental or legal guardian consent must be submitted to the licensee by the parent or legal guardian prior to piercing the minor. The consenting parent or legal guardian must be 18 years of age and present government issued photographic identification at time of written consent. A copy of the government issued photographic identification must be included in the client record; or
(C) If the client is an emancipated minor, copies of legal court documents proving emancipation and government issued photographic identification is required.
(2) A licensee may obtain advice from a physician regarding medical Information needed to safeguard client and licensee. Advice from a physician must be documented in the client record.
(3) Documentation must be legibly written or computerized. Client documentation, written or archived electronically by computer, must be retained for a minimum of three years and available upon request by the Office.
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 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
331-900-0115
General Standards for Standard Body Piercing
(1) The cleanliness of any common area in a facility is the responsibility of each license holder. All license holders may be cited for violations found in the common area.
(2) An individual licensed to perform services in a field of practice or a licensed facility owner must:
(a) Use and maintain appropriate equipment and instruments for providing services in a field of practice at the place of business;
(b) Use all equipment, instruments and supplies, including but not limited to marking instruments, in a manner described in the manufacturer’s instructions which is consistent with the manufacturer’s intended use of the device by the FDA;
(c) Ensure a high-level disinfectant is used in accordance with manufacturer’s instructions to disinfect surfaces where services are performed;
(d) Ensure all chemicals are stored in labeled, closed containers;
(e) Ensure that single-use disposable paper products, single-use needles, sterilized jewelry and protective gloves are used for each client. Use of towels and linens are prohibited;
(f) Have unrestricted access to a sink with hot and cold running water on the facility premises and separate from a restroom.
(g) Ensure restrooms located within the facility are kept clean and in good working order at all times. Air blowers within restrooms can be substituted for disposable hand towels;
(h) Ensure all waste material related to a service, be enclosed in a glove or bag, disposed of in a covered container with a garbage liner following a service on a client. Service-related waste is prohibited from being disposed of in non-service related areas, such as lobby or waiting areas;
(i) Ensure all sharp objects that come in contact with blood or other potentially infectious materials be disposed of in a sharps container;
(j) Ensure biohazard labels or red biohazard bags are available on the facility premises;
(k) Adhere to all Centers for Disease Control and Prevention Standards;
(l) Ensure pets or other animals are not on the premises of the body art facility unless they service animals recognized by the American with Disabilities Act or to fish in aquariums or nonpoisonous reptiles in terrariums;
(m) Ensure all disinfecting solutions or agents be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times the facility is open for business;
(n) Ensure that all instruments that come in contact with blood or other potentially infectious materials be either disposed of or sterilized; and
(o) Ensure that all jewelry used for initial piercings is sterilized before use on a client in accordance with OAR 331-900-0125.
(3) A licensee must wear eye goggles, shields or a mask if spattering is possible while providing services.
(4) All substances must be dispensed in a single-use container and discarded at the end of each procedure to prevent cross contamination.
(5) Cross contamination from touch or air particulates in any procedure area that comes in direct contact with client is prohibited.
(6) Between each service area there must be a clean nonporous barrier unless services are being provided under an event facility license in which five feet must be between each client to prevent contact with blood or other potentially infectious materials.
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
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
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
331-900-0125
Approved Sterilization Standards for Standard Body Piercing
331-900-0125
Approved Sterilization Standards for Standard Body Piercing
(1) Needles must be single use, used on one client, then properly disposed of in an approved sharps container defined under OAR 331-900-0000.
(2) All non-sterilized or reusable instruments that come in direct contact with a client's skin or are exposed to blood or other potentially infectious materials must be cleaned and sterilized before use on a client or re-use on another client.
(3) New gloves must be worn during any cleaning or sterilization procedure.
(4) The cleaning and sterilization process listed in subsection (5) of this rule is not required if single-use prepackaged sterilized instruments, obtained from suppliers or manufacturers are used.
(5) Approved cleaning and sterilization process for non-sterilized or reusable instruments includes the following ordered method after each use:
(a) Clean instruments by manually brushing or swabbing visible foreign matter and rinsing the instruments with warm water and an appropriate detergent solution to remove blood and other potentially infectious materials;
(b) Place instruments in an ultrasonic cleaner filled with an appropriate ultrasonic solution including but not limited to an enzymatic cleaner. The ultrasonic unit must be used according to the manufacturer’s instructions. The ultrasonic unit must operate at 40 to 60 kilohertz. The ultrasonic cleaner must remain covered when in use. Self-contained instrument washers used to decontaminate instruments prior to sterilization may be used in place of an ultrasonic cleaner and used according to manufacturer instructions;
(c) Remove instruments from the ultrasonic unit or self-contained instrument washer. All instruments must be rinsed, air dried, and individually packaged in sterilization pouches that include use of a color change indicator strip to assure sufficient temperature during each sterilization cycle. The date the sterilization was performed must be applied to the sterilization pouch; OR instruments which are sterilized in an autoclave that do not require packaging or use of a color change indicator strip must be sterilized after use on a client, stored in a clean disinfected location and resterilized immediately before performing a service on a client;
(d) Instruments must be sterilized by using an autoclave sterilizer, steam, chemical or gas, registered and listed with the FDA;
(e) A steam sterilization integrator must be used to monitor the essential conditions of steam sterilization for each autoclaved cycle. Results must be recorded in a log book for each sterilization cycle. Each steam sterilization integrator must indicate the date the sterilization cycle took place. Steam sterilization integrators must be kept for a minimum of sixty days; and
(f) After sterilization, the sterilized instruments must be stored in individually packaged sterilization pouches that include a color change indicator strip listed under (5)(c) of this rule and in a dry, disinfected, closed cabinet or other tightly-covered container reserved for the storage of such instruments.
(6) Use of a biological monitoring system (“spore tests”) must be done at least once a month, verified through an independent laboratory, to assure all microorganisms have been destroyed and sterilization achieved.
(7) The ultrasonic unit listed in subsection (5)(b) of this rule must be used, cleaned, and maintained in accordance with manufacturer’s instructions and a copy of the manufacturer’s recommended procedures for the operation of the ultrasonic unit must be kept on file at the body art facility.
(8) All sterilization pouches with color change indicator strips listed in subsection (5)(c) of this rule must contain a chemical/temperature and/or humidity sensitive tapes, strips or pellets for monitoring each sterilization cycle.
(9) Sterilization pouches with color change indicator strips listed in subsection (5)(c) of this rule and steam sterilization integrators listed in (5)(e) of this rule must be available at all times for inspection by the Office.
(10) Biological spore test results listed in subsection (6) of this rule must be immediately available at all times for inspection by the Office and kept at facility premises for a minimum of two years.
(11) The autoclave listed in subsection (5)(d) must be used, cleaned, and maintained in accordance with manufacturer’s instructions and a copy of the manufacturer’s recommended procedures for the operation of the autoclave must be kept on file at the body art facility.
(12) The expiration date for sterilized instruments is one year from the date of sterilization unless the integrity of the package is compromised.
(13) Sterilized instruments may not be used if the package integrity has been breached, is wet or stained, or the expiration date has passed without first meeting the requirements listed in Subsection (5) of this rule.
(14) All sterilized instruments used in body piercing procedures must remain stored in sterile packages and in a dry, disinfected, closed cabinet or other tightly-covered container reserved for the storage of such instruments until just prior to the performance of a body piercing procedure.
(15) If a biological spore test listed in subsection (6) of this rule, result is positive, a licensee must discontinue the use of that sterilizer (autoclave) until it has been serviced and a negative spore test has been recorded before putting the sterilizer back into service. Until a negative spore test has been received, the licensee must:
(a) Use an alternative sterilizer (autoclave); or
(b) Use only single use instruments.
(16) If a positive spore test has been received, all instruments sterilized prior to the positive spore test must be repackaged and sterilized pursuant to subsection (5) of this rule, before use.
(17) Following the receipt of a positive spore test, the licensee or facility must notify all clients in writing stating a positive spore test had been received during the time they received their body piercing procedure. The licensee or facility must provide the client with the risks of having a body piercing procedure with instruments that may not have been sterilized pursuant to (5)(c) and (d) of this rule.
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
HLA 1-2013, f. & cert. ef. 1-16-13
HLA 10-2012, f. & cert. ef. 6-25-12
331-900-0130
Client Records and Information for Standard Body Piercing
(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, procedure location on the body and type of service performed on client;
(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;
(g) Type of jewelry; and
(h) Description of complications during procedure(s).
(2) Signature from the client that they have received the following information in writing or electronically and verbally:
(a) All information related to the body piercing service including possible reactions, side effects and potential complications of the service and consent to obtaining the body piercing service;
(b) Information listed in OAR 331-905-0065 regarding informed consent for specialty body piercing procedures; and
(c) After care instructions including care following service, possible side effects and complications and restrictions.
(3) The licensee must obtain proof of age or consent consisting one of the following:
(A) If the client is older than 18, a copy of a government issued photographic identification must be obtained and included in the client record;
(B) If the client is a minor written parental or legal guardian consent is required. The written parental or legal guardian consent must be submitted to the licensee by the parent or legal guardian prior to piercing the minor. The consenting parent or legal guardian must be at least 18 years of age and present government issued photographic identification at time of written consent. A copy of the government issued photographic identification must be included in the client record; or
(C) If the client is an emancipated minor, copies of legal court documents proving emancipation and government issued photographic identification is required.
(3) 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.
(4) For the purpose of (1) and (2) 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.
(5) 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
HLA 1-2013, f. & cert. ef. 1-16-13
HLA 10-2012, f. & cert. ef. 6-25-12