American Academy of Micropigmentation

Oregon

OREGON ADMINISTRATIVE RULES
Copyright (c) 2001 by The Oregon Secretary of State
All rights reserved.

*** THE OREGON ADMINISTRATIVE RULES CONTAIN OARs FILED THROUGH JANUARY 15,
2002
***

DIVISION 550 DEFINITIONS FOR THE PRACTICE OF PERMANENTCOLOR TECHNICIANS
AND TATTOO ARTISTS

331-550-0000 Permanent Color Technicians and Tattoo Artists Definitions

In addition to definitions listed in OAR 331-505-0000, the following
terms are specifically used in the practice of permanent color and tattooing and
are defined as used in OAR 331, Divisions 550 through 590.

(1) "Access"means immediate unrestricted use or availability, easy to
approach or enter.

(2) "Completed procedure"means, for the purposes of determining
qualification for licensure under OAR 331-555-0010; a tattoo which has been finished,
including any touchups or additional work following initial healing, and the
client is released from service, as follows:

(a) Figurative tattooing includes outlining and shading, use of different
size/configuration of needles, a new design on a client or a different client;

(b) Cosmetic tattooing includes eyeliner, eyebrows, lip liner, full lip
color, repigmentation or camouflage but does not include beauty marks.

(3) "Direct supervision"means the supervisor is present and actively
involved in direct oversight and training to a person who has not completed the
requirements of OAR 331-555-0010.

(4) "Instruments" means devices, tools and implements used in permanent
color and tattooing services.

(5) "Needle"means the implement used to insert dyes or pigments into the
dermis of the skin during permanent color or tattooing procedures.

(6) "Needle bar"means the metal or plastic device used to attach the
needle to a tattoo machine.

(7) "Practical" means one-on-one training under the direct supervision of
an instructor in the application of permanent color or tattooing.

(8) "Repigmentation"means recoloration of the skin:

(a) After dermabrasion, chemical peels, removal or resolution of
birthmarks, vitiligo or other skin conditions which result in the loss of melanin to the
skin;

(b) Scarring caused by surgical procedures, such as face lifts, mole or
wart removal, cauterization, etc.;

(d) Mastectomy, i.e. recreation of an areola or nipple; or

(e) Blotchy pigmentation requiring camouflage.

(9) "Theory"means all forms of relevant study which do not involve the
application of permanent makeup or tattoos on human skin. Theory may include
but is not limited to review of videos or written matter, attendance at
lectures, or application of tattoos or permanent makeup on materials other than human
skin.

331-500-0000 Notice of Proposed Rule

Prior to adoption, amendment, or repeal of any rule, the State Health
Division, Advisory Council for Electrologist Permanent Color Technicians and
Tattoo Artists shall:

(1) Publish notice of the adoption, amendment, or repeal in the Secretary
of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days
prior to the effective date.

(2) Mail such notice to persons on the Advisory Council for the
Electrologist, Permanent Color Technicians and Tattoo Artists mailing list
established pursuant to ORS 183.335(7) at least twenty-eight (28) days
before the effective date of the rule.

(3) In addition to persons or organizations listed in OAR
333-001-0000(4)(ee), notice of rulemaking shall be mailed to the following:

(a) For the practice of electrolysis:

(A) Licensed electrologists;

(B) Oregon Association of Licensed Electrologists;

(D) Oregon schools of electrolysis;

(E) Oregon Department of Education, Private Career Schools;

(F) American Electrology Association.

(b) For the practice of permanent color and tattooing:

(A) Licensed Permanent Color Technicians and Tattoo Artists;

(B) National Tattoo Association;

(D) The Society of Permanent Cosmetic Professionals;

(E) Alliance of Professional Tattooists;

(F) National Cosmetic Tattooing Association;

(G) Oregon Medical Association;

(H) Board of Medical Examiners .

331-575-0020 Permanent Color and Tattoo Procedures; Preparation and
Aftercare

(1) During preparation, performance of service, and aftercare phases all
substances shall be dispensed from containers in a manner to prevent
contamination of the unused portion (refer to OAR 331-585-0000). Use of
spray bottle to apply liquid to skin is acceptable. Single use tubes or containers
and applicators shall be discarded following tattoo service.

(2) The client's skin shall be cleansed, excluding the areas surrounding
the eyes, by washing with a Food and Drug Administration (FDA) germicidal
solution applied with a clean single-use paper product before placing the design on
the client's skin or beginning tattooing work.

(3) If the area is to be shaved, the licensee shall use a single use
disposable safety razor or sterilized straight-edged razor, and then rewash
client's skin.

(4) Substances applied to client's skin to transfer design from stencil
or paper shall be single use. Paper stencils and skin scribes shall be
single-use and disposed of immediately following service.

(5) Body pencils used during a tattoo service shall have the tip removed,
the body and tip of pen disinfected, and the tip sharpened to remove exposed
edge after use on a client and prior to use on another client.

(6) The plastic or acetate stencil used to transfer the design to the
client's skin shall be thoroughly cleansed and rinsed in an Environmental
Protection Agency (EPA) approved high-level disinfectant according to the
manufacturers instructions and then dried with a clean single-use paper
product.

(7) Individual portions of inks, dyes, or pigments in clean single-use
containers shall be used for each client. Any remaining unused dye or
pigments shall be discarded immediately following service.

(8) Excess ink, dye, or pigment applied to the client's skin shall be
removed with clean single-use paper product obtained from a self-dispensing
container.

(9) Use of styptic pencils or alum solids to check any blood flow is
prohibited.

(10) Upon completion of tattooing, the skin shall be cleansed, excluding
the area surrounding the eyes, with a clean single-use paper product saturated
with an (FDA) approved germicidal solution.

(11) A sanitary covering shall be placed if appropriate or over large
designs and adhered to the skin with suitable skin tape.

(12) Aftercare shall consist of both verbal and written instructions
concerning proper care of the tattooed skin. Instructions shall specify:

(a) Care following service;

(b) Possible side affects; and

331-555-0000 Approval of Schools; Approval of Instructors

(1) Pursuant to ORS 345.010(4), education and training in the field of
tattooing shall be conducted by a school of tattooing, licensed by the
Oregon Department of Education, Private Career Schools, and provided by instructors
approved by the Department under ORS 345 and OAR chapter 581 Division 045.

(2) The Health Division shall recognize a school of tattooing which has
met the following requirements:

(a) The facility has been approved and registered by the Department of
Education, Private Career Schools, and meets provisions of ORS 345 and rules
adopted by the Department for licensure as a career school;

(b) A curriculum/course of study has been submitted to the Division which
has been approved as meeting the curriculum objectives outlined under OAR
333-555-0010;

(c) An initial inspection has been conducted by the Department of
Education and Health Division and the facility satisfactorily passed requirements for
compliance with instruction and sanitary rules.

(3) The Division approved course of study offered through a school
licensed according to section (1) listed above, shall meet requirements of OAR

331-555-0040 Application for Licensure

(1) Applicants shall be at least 18 years of age, and shall provide
documentation confirming date of birth, such as a copy of the birth
certificate, driver's license, passport or school/military/governmental record.

(2) Applicants shall have completed four years of standard high school
education or the equivalent. Acceptable documentation is a high school
diploma, letter from school or military records verifying completion, GED passing
scores, or proof of enrollment in a post-secondary educational institution.

(3) Application shall be made on forms prescribed by the Division and
shall be accompanied by required documentation and required application fee. A
completed application form includes, but is not limited to, the following
information:

(a) Applicant's name, address and telephone number;

(b) Applicant's date of birth;

(d) Licensure information from another state, if applicable;

(e) Applicant's signature and date of application;

(f) Proof of training and/or licensure; and

(g) Original, color "passport quality" photograph (non-Polaroid, such as
identification photo or driver's license photo), head and shoulders view, 1
1/2 inch by 2 inch dimension.

(4) Submission of satisfactory evidence of completion of required
training under OAR 331-555-0010 by one of the following education and training
pathways for licensure:

(a) OFFICIAL TRANSCRIPT: The document shall be mailed directly to the
Division office from a licensed or accredited school or an equivalent
institution recognized by the Division, showing completion of the prescribed
course of study, listed in OAR 331-555-0010 or its equivalent, approved by
the Division, and shall be issued by:

(A) A school of tattooing licensed by the Department of Education,
Private Career Schools, under ORS 345;

(B) A licensed or accredited school of tattooing located in another state
where the practice is unregulated;

(C) An institution recognized by the Division, such as a medical facility
or other county, state, or federal agency or entity, where training and
education is provided by means of a standardized course of study, adhering to
prescribed curriculum objectives and criteria.

(D) The transcript must be mailed directly to the Division or delivered
in person in a sealed envelope, issued from the school or entity. The issuing
school or institution shall attest to the document's authenticity and
accuracy and affix an authorized signature over the envelope seal.

(E) The Division may accept a facsimile of an applicant's transcript sent
from the school to the Council office at the request of the applicant to
facilitate scheduling an examination. The original official transcript shall
be submitted to the Council office within seven (7) calendar days after the
examination date. The license shall not be issued until the Division
receives the official transcript from the school.

(b) OUT OF STATE LICENSURE:Professionals working under valid licenses in
their city, state, or county which meet or exceed Oregon standards should
provide verification by the mailing of an original Affidavit of Licensure
form affixed with the applicable state, county or city seal or stamp, signed by
the licensing authority where the application is currently licensed, and mailed
directly to the Division office by said authority.

(c) EXPERIENCE EQUIVALENCY:All other professionals, working in a state
where the practice of permanent color and tattooing is unregulated, must provide
documentation in the form of tax returns verifying that the applicant has
met the minimum qualification for licensure. Personal tax returns must
substantiate that the individual acquired work experience through two years of active
full-time practice in the field of permanent color tattooing. Applicants
shall be required to meet equivalency requirements listed in OAR 331-555-0030.

NOTE:The Division may request addition information to substantiate
qualification if the tax return does not verify that the individual has been
practicing permanent color or tattooing in an unregulated state.

331-575-0010 Practice Standards; Restrictions

(1) Licensees shall keep an individual record of each client. That record
shall include the name and address of client, the date and duration of each
service, type of service, special instructions, medical history or client
conditions, including:

(a) Diabetes;

(b) Allergies;

(d) Epilepsy;

(e) Heart conditions;

(f) Hemophilia;

(g) Hepatitis;

(h)Use of blood thinners;

(i) Moles or freckles at the site of service;

(j) Psoriasis or eczema;

(k) Pregnancy or breast-feeding/nursing;

(l) Scarring (keloid);

(m) Other medical or skin conditions.

(2) Licensees may obtain advice from physicians regarding medical
information needed to safeguard client and technician or artist.

(3) Records shall be kept for a minimum of two years.

(4) Pre-service information in written form shall be given to client to
advise of possible reactions, side-effects and potential complications of
the tattooing process. Aftercare instructions shall be given to the client both
verbally and in writing after every service.

(5) Before and after photographs shall be taken for medical tattooing
procedures, and records maintained.

(6) Inks, dyes, or pigments shall be purchased from a commercial supplier
or manufacturer. Products banned or restricted by the Food and Drug
Administration shall not be used.

(7) Tattooing is prohibited:

(a) On a person who is inebriated or appears to be incapacitated by the
use of alcohol or drugs;

(b) On persons who show signs of intravenous drug use;

(c) On persons with sunburn or other skin diseases or disorders such as
open lesions, rashes, wounds, puncture marks in areas of treatment;

(d) On persons under 18 years of age, regardless of parental consent,
except when authorized or prescribed by a physician's statement exclusively for
medical repigmentation as defined in OAR 331-550-0000(8).

333-001-0000 Notice of Proposed Rule

Prior to the adoption, amendment or repeal of any rule, the Health
Division shall:

(1) Publish notice of the adoption, amendment, or repeal in the Secretary
of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the
effective date.

(2) Mail such notice to persons on the State Health Division's mailing
list established pursuant to ORS 183.335(7) at least 28 days before the effective
date of the rule.

(3) Mail or deliver such notice to United Press International and
Associated Press.

(4) Mail such notice to the following persons, organizations, or
publications listed according to Division programs, where the Division determines that
such persons, organizations, or publications would have an interest in the
subject matter of the proposal:

(a) Vital Statistics:

(A) Oregon Medical Association

(B) Oregon Funeral Directors Association;

(D) Oregon Association of Hospitals;

(E) Oregon Medical Records Association;

(F) Conference of Local Health Officials;

(G) Local Registrars of Vital Statistics;

(H) County Clerks Association.

(b) Implied Consent Program:

(A) Director of laboratory applying for approval of a new laboratory
method for blood alcohol analysis

(B) Manufacturer and distributor of alcohol breath testing equipment
seeking approval of use of their equipment in the State of Oregon;

(C) State, county, and municipal law enforcement agencies listed with the
Health Division as using breath testing equipment.

(A) Oregon Medical Association;

(B) State Department of Motor Vehicles.

(d) Conference of Local Health Officials:

(A) Association of Oregon Counties;

(B) All county commissions or county judges, as applicable;

(e) Glass Installation:

(A) Oregon Association of Home Builders;

(B) Oregon Department of Commerce (Building Codes Division);

(D) Associated Oregon Industries.

(f) Hazardous Substances:

(A) National Toy Manufacturers Association;

(B) Association of Oregon Counties;

(D) National Home Furnishings Daily;

(E) OSPIRG;

(F) Federal Consumer Products Safety Commission.

(g) Communicable Diseases:

(A) Oregon Medical Association,

(B) Oregon Association of Hospitals;

(D) Communicable Disease Summary;

(E) Oregon Osteopathic Association.

(h) Rabies Control:

(A) State Veterinary Association;

(B) State Veterinarian, Oregon State Department of Agriculture;

(D) Communicable Disease Summary;

(E) Oregon Medical Association;

(F) Oregon Osteopathic Association.

(i) Pre-Marital Exams:

(A) Oregon Medical Association;

(B) Oregon Osteopathic Association;

(D) All county clerks;

(E) Communicable Disease Summary.

(j) Radiation Control:

(A) Each x-ray registrant of the State Health Division;

(B) Each radioactive materials licensee of the State Health Division;

(D) Conference of Radiation Control Program Directors;

(E) Oregon Department of Energy.

(k) Home Health Agencies:

(A) All home health agencies;

(B) All Department of Human Resources Divisions;

(D) Oregon Health Care Association;

(E) Oregon Association for Home Care;

(F) Oregon Nurses Association;

(G) Oregon Licensed Practical Nurse Association;

(H) Oregon Physical Therapy Association;

(I) Oregon Speech and Hearing Association;

(J) Oregon State Board of Nursing;

(K) Tri-County Community Council;

(L) Oregon Board of Education--Health Occupations;

(M) Occupational Therapy Association of Oregon;

(N) Blue Cross of Oregon;

(O) Blue Cross of Southern California;

(P) Office of Health Policy;

(Q) All county health departments;

(R) Conference of Local Health Officials;

(S) Region X--H.C.F.A.;

(T) Oregon State council for Senior Advocates;

(U) United Seniors of Oregon;

(V) Oregon Medical Association;

(W) Health Care Association of Washington;

(X) Adult and Family Services;

(Y) American Association of Retired Persons;

(Z) Portland/Multnomah Commission on Aging;

(AA) Governor's Commission on Senior Services;

(BB) Oregon Association of Homes for the Aging.

(I) Health Care Facilities:

(A) Oregon Association for Retarded Citizens;

(B) Oregon Association of Hospitals;

(D) Oregon State Board of Pharmacy;

(E) Oregon State Board of Nursing;

(F) Oregon Nurses Association;

(G) Board of Examiners of Nursing Home Administrators;

(H) Oregon State Council for Senior Citizens;

(I) Commission on Aging;

(J) Oregon Association of Homes for the Aging;

(K) United Seniors of Oregon;

(L) Office of Health Policy;

(M) All Department of Human Resources Division;

(N) Blue Cross of Oregon;

(O) Oregon Medical Association;

(P) Public Health Laboratory;

(Q) Adult and Family Services;

(R) Oregon Medical Peer Review Organization;

(S) Health Care Facilities licensed by the Oregon State Health Division
(applicable ruIes by function);

(T) Portland/Multnomah Commission on Aging;

(U) American Association of Retired Persons.

(m)Emergency Medical Services:

(A) Oregon State Emergency Medical Technician Association;

(B) Oregon State Ambulance Association;

(D) League of Oregon Cities;

(E) Association of Oregon Counties;

(F) State Department of Transportation;

(G) State Department of Commerce--Insurance Division;

(H) Oregon State Board of Medical Examiners;

(I) Oregon State Department of Police;

(J) Oregon Police Standards and Training Board;

(K) Oregon Association of Hospitals;

(L) Oregon Emergency Department Nurses

Association;

(M) Oregon Emergency Department Physicians Association;

(N) Oregon Nurses Association;

(O) Oregon Medical Association;

(P) Oregon Heart Association;

(Q) State Advisory Council on Ambulances and EMT's;

(R) State EMS Advisory Committee;

(S) Oregon Community College Association;

(T) Ambulance Services listed with the State Health Division.

(n) Public Health Laboratory:

(A) Clinical laboratories licensed by the Oregon State Health Division;

(B) American Medical Technologists;

(D) Oregon Association of Hospitals;

(E) Oregon Medical Association;

(F) Oregon Pathologists' Association;

(G) Oregon State Board of Medical Examiners.

(o) Hearing Aid Dealers:

(A) Governor's Advisory Council on Hearing Aids;

(B) Oregon Hearing Aid Society;

(D) Oregon Academy of Ophthalmology and Otolaryngology.

(p) Tuberculosis:

(A) All local public health administrators;

(B) Oregon Lung Association;

(D) Oregon Medical Association;

(E) Oregon Tuberculosis Council;

(F) Oregon Adult and Family Services Division;

(G) All health care facilities licensed by the State Health Division

(H) All nursing home administrators licensed by the Board of Examiners of
Nursing Home Administrators.

(q) Travelers' Accommodations:

(A) Travelers' accommodations holding a Certificate of Sanitation issued
by the State Health Division;

(B) Oregon Motor Hotel Association;

(D) National Park Service;

(E) Oregon Department of Commerce (Building Codes Division);

(F) League of Oregon Cities;

(G) Association of Oregon Counties.

(r) Recreational Parks:

(A) Recreational parks holding a Certificate of Sanitation issued by the
State Health Division;

(B) Federal Bureau of Land Management (Portland)

(D) U.S. Forest Service (Portland);

(E) Oregon Highway Division (Design Branch);

(F) Oregon Parks Division;

(G) Association of Oregon Counties;

(H) League of Oregon Cities;

(I) Federal Bureau of Reclamation (Portland).

(s) Organizational Camps:

(A) Organizational camps holding a Certificate of Sanitation issued by
the State Health Division;

(B) Federal Bureau of Land Management (Portland)

(D) U.S. Forest Service (Portland);

(E) Oregon Highway Division (Design Branch);

(F) Oregon Parks Division

(G) Oregon State Forestry Department;

(H) National Park Service (Portland);

(I) Oregon State Department of Commerce (Building Codes Division)

(J) Federal Bureau of Reclamation;

(K) YMCA and YWCA;

(L) Boy Scouts of America (Portland Office);

(M) Girl Scouts of America (Portland Office);

(N) Campfire Girls (Portland);

(O) American Camping Association;

(P) Kiwanis (Portland Office)

(Q) United Methodist Church, Portland.

(t) Restaurants:

(A) Restaurants of Oregon Association;

(B) Oregon Restaurant and Beverage Association.

(u) Vending:

(A) Advance Automatic Sales, Inc., Portland, Oregon;

(B) Automatic Sales Company, Portland, Oregon;

(D) Coast Vending Machine Company, Portland, Oregon;

(E) Hildreth Vending, Portland

(F) Autoviable Services, Kwik Kafe Company Springfield, Oregon;

(G) Servomation Corporation, Portland, Oregon.

(v) Ice Making:

(A) Koldkist Ice, Portland, Oregon

(B) Northwestern Ice and Cold Storage Company, Portland, Oregon;

(D) Zeero Ice Company, Portland, Oregon.

(w) School Lunch Facilities: Coordinator, School Food Services, Oregon
Department of Education.

(x) Shellfish:

(A) Hayes Oyster Company, Bay City, Oregon;

(B) Tillamook Oyster Company, Tillamook, Oregon;

(D) Qualman Oyster Farms, Coos Bay, Oregon;

(E) State Fisheries Director, Department of Fish and Wildlife.

(y) School Sanitation:

(A) State Department of Education;

(B) Conference of Local Health Officials;

(z) Public Water Supplies:

(A) Pacific Northwest Section, American Waterworks Association
Newsletter;

(B) Consulting Engineers Council of Oregon;

(D) Professional Engineers of Oregon;

(E) Daily Journal of Commerce;

(F) League of Oregon Cities;

(G) All water districts listed with the State Health Division;

(H) Federal Environmental Protection Agency;

(I) Federal Bureau of Land Management;

(J) State Transportation Department;

(K) Federal Bureau of Reclamation;

(L) U.S. Corps of Engineers;

(M) U.S. Forest Service;

(N) State Sanitary Engineering Advisory Committee;

(O) State Water Resources Board;

(P) State Department of Commerce.

(aa) Annexation:

(A) Local Boundary Commissions

(B) League of Oregon Cities;

(D) All local public health administrators;

(E) State Department of Environmental Quality.

(bb) Swimming Facilities:

(A) Oregon Aquatics Council;

(B) Associated Builders and Contractors, Inc., Pacific Northwest Chapter;

(D) Oregon Mobil Home Park Association;

(E) Oregon Motor Hotel Association;

(F) Oregon State Association of Plumbing -- Heating -- Cooling
Contractors, Eugene, Oregon;

(G) Portland Association of Plumbing -- Heating -- Cooling Contractors,
Inc;

(H) Swimming Pool Association of the Northwest;

(I) All swimming pools licensed by the State Health Division;

(J) All local health department;

(K) All local building departments.

(cc) Denturism:

(A) Gray Panthers;

(B) United Seniors of Oregon;

(D) Oregon Dental Association;

(E) Oregon Dental Hygienists Association;

(F) Oregon Dental Assistants Association;

(G) Oregon Association of Dental Labs;

(H) Oregon Board of Dentistry;

(I) Oregon State Department of Education Special Vocational Schools
Program;

(J) Oregon State Office of Educational Policy and Planning

(K) Oregon Public Health Association;

(L) OSPIRG;

(M) Oregon Denturist College;

(N) Oregon State Council of Senior Citizens.

(dd) School/Facility Immunizations:

(A) Oregon Medical Association;

(B) Oregon Association of Hospitals;

(D) Communicable Disease Summary

(E) Oregon Osteopathic Association

(F) Department of Education;

(G) Oregon School Boards Association;

(H) Public, Private, Parochial Schools;

(I) Certified Day Care Centers;

(J) Children Services Division

(K) Conference of Oregon School Administrator;

(L) Education Service Districts;

(M) Association of Educational Office Personnel;

(N) Oregon Caucus of Community Health Nurse Supervisors;

(O) Association of Oregon Counties;

(P) Oregon School Nurses Association;

(Q) UP, API;

(R) Oregon Conference of Local Health Officials;

(S) Pacific N.W. Association Independent Schools;

(T) Oregon Total Information System (OTIS)

(U) Oregon Public Health Association;

(V) Oregon Nurses Association;

(W) Oregon Board of Pharmacy;

(X) Oregon Naturopathic Board of Examiners;

(Y) Oregon Association of Day Care Center Directors;

(Z) Oregon Congress of Parents and Teachers;

(AA) Oregon Association of Pediatric Nurse Practitioners;

(BB) Oregon Association of Education Service Districts;

(CC) Oregon Chapter of American Academy of Pediatrics;

(DD) Oregon Society of Physician's Assistants.

(ee) Electrology, Permanent Color Technicians and Tattoo Artists:

(A) Oregon Association of Registered Electrologists;

(B) State Representative, International Guild for Professional
Electrologists;

(D) Oregon Department of Education, Vocational Schools Program;

(E) State Designated Delegate to American Electrology Association;

(F) National Tattoo Association;

(G) Professional Tattoo Artists Guild;

(H) The Society of Permanent Cosmetic Professionals;

(I) Alliance of Professional Tattooists;

(J) National Cosmetic Tattooing Association;

(ff) Hearing Aid Dealers:

(A) Governor's Advisory Council on Hearing Aids;

(B) Oregon Hearing Aid Society;

(D) Oregon Academy of Otolaryngology;

(E) Oregon Board of Examiners for Speech Pathology and Audiology;

(F) Oregon Disabilities Commission;

(G) Oregon Association of the Deaf;

(H) Oregon Chapters of Self-Help for the Hard of Hearing;

(I) United Seniors; and

(J) Grey Panthers.

(gg) Certificate of Need: The Health Division shall issue any rules
related to the certificate of need program under ORS 442.315 and Section 9 of
Chapter 1034, Oregon Laws 1989, pursuant to delegation of rulemaking authority to
the division by the Department of Human Resources' director. Prior to the
adoption, amendment, or repeal of any rules related to the certificate of need
program, the Health Division shall give notice of the intended action to the persons
listed in sections (2) and (3) of this rule, and to:

(A) Oregon Association of Hospitals and Health Systems;

(B) Oregon Health Care Association;

(D) Oregon Association of Homes for the Aging;

(E) Capitol Building Press Room; and

(F) Office of Health Policy.

(hh) Construction Plans Review Program: The Health Division shall issue
any rules related to health facility construction plans review under ORS
441.060(2) pursuant to delegation of rulemaking authority to the Division by the
Department of Human Resources' Director. Prior to the adoption, amendment, or repeal of
any rules related to construction plans review, the Health Division shall give
notice of the intended action to the persons listed in sections (2) and (3)
of this rule, and to:

(A) Oregon Association of Hospitals and Health Systems;

(B) Oregon Health Care Association;

(D) Oregon Association of Homes for the Aging;

(E) Capitol Building Press Room; and

(F) Office of Health Policy.

Stat. Auth.: ORS 183.341, ORS 409.120, ORS 431.120(6), ORS 441.060(2), ORS
442.315 & Sec. 9, Ch. 1034, OL 1989
Stats. Implemented: ORS 183.341(4)

Hist.: HD 91(Temp), f. & ef. 10-6-75; HD 98, f. & ef. 12-5-75; HD 7-1978, f.
&
ef. 5-24-78; HD 8-1979, f. & ef. 7-24-79; HD 14-1980(Temp), f. & ef.
12-19-80;

HD 15-1980(Temp), f. & ef. 12-29-80; HD 19-1981(Temp), f. & ef. 9-21-81; HD
15-1982, f. & ef. 6-25-82; HD 7-1984, f. & ef. 3-20-84; HD 22- 1987(Temp),
f.
11-27-87, ef. 12-1-87; HD 16-1988, f. & cert. ef. 7-15-88; HD 26-1988, f. &
cert. ef 12-1-88; HD 4-1989, f. & cert. ef. 6-1-89; HD 8-1990, f. 4-4-90,
cert.
ef. 4-5-90; HD 4-1991, f 3-15-91, cert. ef. 4-1-91; HD 3-1992, f & cert. ef
3-25-92; HD 24-1993, f. 12-30-93, cert. ef. 1-1-94; HD 13- 1994, f. & cert.
ef.
4-22-94; HD 29-1994, f. & cert. ef. 12-2-94; Renumbered from 333-012-0000

331-555-0010 Approved Course of Study

(1) To be approved by the Division, a course of study shall include, but
is not limited to 360 hours of instruction. The course shall include 210 hours
of theory and 150 hours of practical work. This practical work must include as
a minimum 50 completed procedures.

(2) All practical applications performed during training in the subject
areas listed in subsection (3) of this rule shall be counted toward meeting the
minimum 150 hours practical tattooing experience.

(3) The Division's approved course of study shall include, but is not
limited to, the following areas:

(a) Needles and needle bars: 20 hours of theory;

(b) Tattoo machines and equivalent equipment: 20 hours of theory;

(d) Safety, Sanitation and Sterilization: 40 hours of theory;

(e) Basic color theory and pigments: 10 hours of theory;

(f) Design, art and placement: 10 hours of theory;

(g) Skin: 20 hours of theory;

(h) Client services 20 hours of theory;

(i) Business operations, including exposure control plan and federal
regulations: 40 hours of theory;

(j) Oregon Laws and Rules: 10 hours of theory training.

(4) As part of the approved course of study, all hours of theory should
be completed prior to practical work being performed on the general public.

(5) Detailed information pertaining to the Division approved course of
study listing the above subject areas, content and scope, and required hours of
instruction is on file with the Division office and may be obtained by
written request from the Division.

817-035-0010 Issuance and Renewal of Certificates, Licenses and/or
Registrations

(1) Individuals will be subject to the provisions of ORS 690.048,
690.055, and 690.085 for issuance and renewal of certificates, licenses and
registrations.

(2) The Board may mail to each certificate, license, and/or registration
holder notice of expiration to the last address filed with the Board. The
holder is responsible for submitting application for renewal whether or not a
renewal form was mailed by the Board.

(3) Submission of the application for renewal and fees must be postmarked
or received in the Board office during regular business hours on or before the
expiration date. An applicant whose payment is received in the Board office
or is postmarked after the expiration date will be assessed a late renewal fee,
as specified in ORS 690.085(4). A late renewal fee of $5 for each year in
expired status will be required to renew a certificate, license or registration.

(4) As of January 1, 2001, practitioners who fail to renew their
certificate within two years from the expiration date must reapply and meet requirements
of ORS 690.085(5).

(5) Independent contractors who fail to renew their registration within
one year from the date of expiration must reapply and pay the application and
registration fees.

(6) The Board may also request that applicants provide their Social
Security number at the time of renewal.

(7) Practitioner Certificates. When renewing a certificate, applicants
must provide the following information to the Board:

(a) Name and current residential or mailing address;

(b) Certificate number and expiration date;

(d) Date of birth; and

(e) Whether actively engaged in performing services within a field(s) of
practice and, if so;

(f) The name, address, telephone number and facility license or
independent contractor registration number where services are being performed, or other
work location where service is performed.

(8) Independent Contractor Registration. When renewing an independent
contractor registration, applicants must provide the following information
to the Board:

(a) Independent contractor registration number and expiration date;

(b) Assumed Business Name if using name other than full legal name in
business;

(d) Residential address;

(e) Business area code and telephone number; and

(f) Whether actively engaged in performing services within a field(s) of
practice.

(9) Facility Licenses. When renewing a facility license, applicants will
be subject to requirements of ORS 690.085(2) and (4). Applicants must provide
the following information to the Board at the time of renewal;

(a) Facility license number and expiration date;

(b) Name and place of business, or business mailing address;

(d) Whether regulated services outside the scope of ORS 690.005 to
690.235 are being performed within the premises of the facility. Such services
include but are not limited to electrology, tanning, ear and body piercing, or
tattooing, i.e. permanent makeup.

331-555-0020 Training Criteria

(1) Training shall meet minimum objectives listed in OAR 331-555-0010 and
shall be conducted under the direct supervision and authority of an Oregon
licensed permanent color technician and tattoo artist, licensed as an
instructor by the Department of Education, Private Career Schools. All aspects
pertaining to services performed by the student shall be evaluated before receiving the
instructor's sign-off as a completed procedure defined in OAR
331-550-0000(2).

(2) A registered instructor shall provide direct supervision of practical
training on a one-to-one student/instructor ratio as defined in OAR
331-550-0000(3) for students performing practical training and when the
student is working on the general public.

(3) The Division, with concurrence from the Department of Education,
shall recognize an Oregon licensed permanent color technician or tattoo artist as
a registered instructor if the individual:

(a) Holds a valid current Oregon license;

(b) Has substantiated active practice in the field of permanent color or
tattooing for a minimum of four years prior to applying for registration as
an instructor; and

(c) Has not been the subject of any disciplinary action for an offense
relevant to the individual's qualification as an instructor.

NOTE:Refer to OAR 331-555-0040(4)(c) for documentation requirements if
four years practical experience was obtained outside of Oregon and qualification
is by means of experience equivalency.

(4) Individual progress records must be regularly maintained for the
purpose of monitoring each student's progress through the instructional program and
verifying actual hours of instruction in each classification listed under
OAR 331-555-0010.

(5) The Division, with the assistance of a curriculum committee, will
develop minimum standards for each classification within the approved course of
study. The minimum standards should indicate specific levels of competence to be
achieved by each student prior to any practical work to ensure students have
achieved sufficient skill and knowledge to successfully and safely perform
assigned tasks on members of the general public.

(6) The training syllabus submitted for Division approval shall include
clearly defined student performance objectives which measure levels of
performance for each classification of instruction listed under OAR
331-555-0010, for each skill/task and knowledge required for students to
successfully pass the appropriate practitioner license examination and
successfully and safely perform on members of the public all services
relating to the field of tattooing, as defined in ORS 690.350(12).

(7) Arrangements for the time, place and cost of education and training
shall be arranged between the applicant and the school providing the training.

(8) TRANSITION:Individuals registered with the Division as "approved
trainers" and "trainees" as of the effective date of this rule adoption, may
continue the Division approved training program of 268 hours of training by
means of direct supervision, in accordance with provisions of former OAR
333-305-0030(2), until the registered individual's training is completed or
March 31, 1999, whichever date occurs first.

NOTE: Should the individual not complete all required hours of theory and
practical training(268 clock hours) under the former OAR 333-305-0030(2),
the training record must be submitted to the Division to determine hours
credited toward meeting requirements of OAR 331-555-0010.

331-585-0010 Instrument Cleaning; Sterilization Standards

(1) Prior to sterilizing, instruments shall be brushed and/or swabbed to
remove foreign material or debris, rinsed and then cleaned by one of the
following approved methods:

(a) Immersing in detergent and water in an ultra sonic unit that operates
at 40 to 60 hertz, followed by a thorough rinsing and wiping; or

(b) Submerging and soaking in a protein dissolving detergent/enzyme
cleaner, followed by a thorough rinsing and wiping.

(2) Instruments or other equipment which are "heat-sensitive" shall be
disinfected by complete immersion of the object(s) or portion(s) thereof to
be disinfected, in an EPA-registered high-level disinfectant which has
demonstrated tuberculocidal activity, and used according to the manufacturer's
instructions.

(3) Cleaned instruments used in the practice of permanent color
technology and tattooing shall be placed in sterile bags or containers with color strip
indicators, sterilized by exposure to one cycle of an approved sterilizer
listed in OAR 331-585-0020, and handled with sterile transfer equipment during
placement into sterile bags or containers.

331-505-0020 Fee Refunds

(1) Examination fees will be refunded if the applicant does not meet the
qualification for licensure as referred to in OAR 331-515-0050
(electrolysis) and OAR 331-555-0050 (permanent color and tattooing).

(2) Examination fees will not be refunded once an applicant has been
approved to take the examination, even if the applicant is unable to participate in
the examination. The fees will be carried forward to the next examination one
time only.

(3) Application fees will not be refunded.

(4) The Division shall not refund fees, civil penalties or other moneys
overpaid by an amount of $10, or less, unless such refund is requested in
writing by the payor within three years after the date of the overpayment.

331-555-0030 Experience Equivalency Standards

An applicant shall not be required to comply with the training
requirements under OAR 331-555-0010 if the Division determines that the training and/or
work experience obtained in another state is equivalent to minimum requirements
for Oregon licensure, based on the following:

(1) One hundred hours of course work credit shall be granted for every
three full months of work experience or 12 months part-time experience as a
practicing permanent color technicians and/or tattoo artist, if the applicant completed
a course of study in another state with fewer than the 360 hours of theory and
practical instruction required for Oregon licensure; or

(2) Applicant provides documentation of two years full-time or four years
part-time active work experience in the field of permanent color and
tattooing. Documentation outlined in OAR 331-555-0050(4) is required.

ELECTROLOGISTS; PERMANENT

COLOR TECHNICIANS AND

TATTOO ARTISTS

(Generally)

690.350 Definitions for ORS 690.350 to 690.430. As used in ORS 690.350 to 690.430, unless the context requires otherwise:

(1) "Council" means the Advisory Council to the Health Division for Electrologists and Permanent Color Technicians and Tattoo Artists.

(2) "Division" means the Health Division of the Department of Human Resources.

(3) "Electrologist" means a person who practices electrolysis pursuant to the provisions of ORS 690.350 to 690.430.

(4) "Electrolysis" means the process by which hair, with a series of treatments, is permanently removed from the skin by inserting a needle-conductor into the hair follicle and directing electrical energy toward the hair cell. The word "electrolysis" is used in generic form in ORS 690.350 to 690.430 and refers to modalities of galvanic electrolysis, thermolysis and combinations thereof.

(5) "Instructor" means a person who teaches in a school of electrolysis pursuant to the provisions of ORS 690.350 to 690.430.

(6) "Licensed electrologist" means a person licensed under the provisions of ORS 690.350 to 690.430 to practice electrolysis.

(7) "Licensed permanent color technician and tattoo artist" means a person licensed under the provisions of ORS 690.350 to 690.430 to practice tattooing.

(8) "Permanent color technician and tattoo artist" means a person who practices tattooing pursuant to the provisions of ORS 690.350 to 690.430.

(9) "Physician" means a person licensed to practice the healing arts by this state pursuant to ORS chapter 677, 684 or 685.

(10) "Schools of electrolysis" means those teaching establishments approved by the Department of Education where electrolysis and related subjects are taught.

(11) "Tattoo" means the indelible mark, figure or decorative design introduced by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being.

(12) "Tattooing" means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic, medical or figurative purposes.

(13) "Tattoo facility" means any room or space or any part thereof where tattooing is practiced or where the business of tattooing is conducted. [1987 c.698 s.1; 1993 c.30 s.1; 1993 c.45 s.300]

690.355 License required to perform electrolysis or tattooing; exceptions. No person, including an electrologist or a permanent color technician and tattoo artist, shall perform electrolysis or tattooing, display a sign or in any other way advertise or purport to be an electrologist or permanent color technician and tattoo artist unless that person holds a valid license issued by the division. However, ORS 690.350 to 690.430 do not prevent or affect the use of electrolysis or tattooing by a physician, a person under the control and supervision of a physician or any other person specifically permitted to use electrolysis or tattooing by law. [1987 c.698 s.2; 1989 c.171 s.82; 1993 c.30 s.2]

690.360 Prohibited acts. No person shall:

(1) Sell, barter or offer to sell or barter a license;

(2) Purchase or procure by barter a license with intent to use it as evidence of the person's qualification to practice electrolysis or tattooing;

(3) Alter materially a license with fraudulent intent;

(4) Use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered; or

(5) Willfully make a false, material statement in an application for licensure or for renewal of a license. [1987 c.698 s.13; 1993 c.30 s.3]

(Licensing)

690.365 License fee; general qualifications. An applicant for licensure shall pay a fee established by the Health Division under ORS 690.350 to 690.430 and shall show to the satisfaction of the division that the applicant:

(1) Has complied with the provisions of ORS 690.350 to 690.430 and the applicable rules of the division;

(2) Is not less than 18 years of age;

(3) Has a high school diploma or equivalent education;

(4) Has submitted evidence of completion of education or training prescribed and approved by the division under ORS 690.410 as follows:

(a) A course of study in a school of electrolysis meeting the requirements under ORS 690.410, or has completed in another state a course of study that has been determined by the division to be equivalent to that required by ORS 690.350 to 690.430 if the application is for an electrologist license; or

(b) A training program under the direct supervision of a licensed permanent color technician and tattoo artist if the application is for a permanent color technician and tattoo artist license; and

(5) Has passed an examination approved, administered or recognized by the division. [1987 c.698 s.3; 1993 c.30 s.4]

690.370 Examinations. (1) An applicant for licensure who is notified by the Health Division that the applicant has fulfilled the requirements of ORS 690.365 (1) to (4) shall appear at a time, place and before such persons as the division may designate, for an examination.

(2) The division shall offer an examination at least twice a year. The applicant who fails any part of the examination may apply to retake the failed section or sections twice without being required to obtain additional training. [1987 c.698 s.4]

690.380 Display of license required; notice to division of place of business; notice to licensees; license to operate tattoo facility. (1) A person who holds a license shall notify the Health Division in writing of the regular address of the place or places where the person performs or intends to perform electrolysis or tattooing and shall keep the license conspicuously posted in the place of business at all times.

(2) The division shall keep a record of the place or places of business of each person who holds a license.

(3) Any notice required to be given by the division to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the division.

(4) The division shall issue to each qualified applicant a license to operate a tattoo facility as defined in ORS 690.350 (13) and to advertise permanent makeup or tattooing services for which the facility is licensed. [1987 c.698 s.8; 1993 c.30 s.5]

690.385 License renewal; fees; effect of failure to renew; continuing education requirement. (1) Except as otherwise provided in this section, a license issued under ORS 690.415 expires one year after the date of issue unless renewed by payment of the required renewal fee. The Health Division, however, may vary the date of license renewal by giving to the applicant written notice of the renewal date being assigned and by making prorated adjustments in the renewal fee. If payment is transmitted by postal service, the envelope must be postmarked on or before the expiration of the license. If the license expires, the license may be renewed on payment of a renewal fee and late penalty fee established by the division under ORS 690.350 to 690.430.

(2) The division may suspend the license of any person who fails to renew. A suspended license may be reactivated upon the payment of a reactivation fee established by the division under ORS 690.350 to 690.430 and all past unpaid renewal fees.

(3) A person applying for reactivation shall not be required to take an examination as a condition of reactivation if the reactivation occurs within three years after the date of the license expired.

(4) All electrologists and permanent color technicians and tattoo artists must participate in continuing education, with guidelines and effective date to be established by rule of the division. [1987 c.698 s.9; 1993 c.30 s.6]

690.390 Required standards for licensees. Licensed practicing electrologists and permanent color technicians and tattoo artists shall meet the following standards and any others the division may adopt by rule:

(1) Electrolysis and tattooing instruments shall be sterilized in accordance with methods approved by the rules of the Health Division;

(2) Practicing electrologists and permanent color technicians and tattoo artists shall be equipped with appropriate sterilizing equipment, with availability of hot and cold running water and a covered waste receptacle; and

(3) Case history cards shall be kept for each client. [1987 c.698 s.11; 1993 c.30 s.7]

(Discipline)

690.395 Grounds for suspension, revocation or nonrenewal of license or probation. The Health Division may revoke, suspend, refuse to issue a license or renewal or place on probation any licensee upon proof that a person or licensee:

(1) Has been convicted of a violation under ORS 690.360;

(2) Has been convicted in this or any other state of a crime related to the practice of electrolysis or tattooing;

(3) Has knowingly misrepresented, misstated or failed to disclose personal qualifications or other information necessary to practice electrolysis or tattooing in any communication to the division;

(4) Has used, caused or promoted the use of any advertising matter, promotional literature, warranty, label, insignia or any other representation, however disseminated or published, that is false, misleading or deceptive;

(5) Has knowingly deceived the public by acting in a manner as to mislead clients as to the person's professional status;

(6) Has employed directly or indirectly any suspended or unlicensed person to perform any electrolysis or tattooing covered by ORS 690.350 to 690.430;

(7) Has permitted another person to use the license;

(8) Has practiced electrolysis or tattooing under a false, misleading or deceptive name;

(9) Has failed, if a licensed electrologist or permanent color technician and tattoo artist, to maintain a business address and telephone number at which the licensee may be reached during business hours;

(10) Has failed, if a nonpracticing electrologist or permanent color technician and tattoo artist, to provide the division with a home address and telephone number;

(11) Has failed to properly and reasonably accept responsibility for the actions of employees;

(12) Has practiced electrolysis or tattooing with a mental or physical illness that affects ability to perform or endangers the public;

(13) Has demonstrated gross incompetence in performing electrolysis or tattooing; or

(14) Has violated any of the provisions of ORS 690.350 to 690.430 or rules adopted pursuant to ORS 690.350 to 690.430. [1987 c.698 s.10; 1993 c.30 s.8]

690.400 Opportunity for hearing prior to disciplinary action. Where the Health Division proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, or impose probation on a licensee, opportunity for a hearing shall be accorded as provided in ORS 183.310 to 183.550. [1987 c.698 s.12]

(Administration)

690.405 Powers and duties of Health Division relating to practice of electrolysis or tattooing. The powers and duties of the Health Division as related to ORS 690.350 to 690.430, 690.996 and 690.997 are as follows:

(1) To authorize all disbursements necessary to carry out the provisions of ORS 690.350 to 690.430;

(2) To determine training and experience requirements for taking the examination and to supervise and administer examinations to test the knowledge of applicants for licensure;

(3) To license persons who apply to the division and who have qualified to practice electrolysis or tattooing;

(4) To rent facilities when necessary to carry out the examination of applicants for licensure;

(5) To renew licenses;

(6) To suspend or revoke licenses or place licensees on probation in the manner provided by ORS 690.350 to 690.430;

(7) To appoint representatives to conduct or supervise the examination of applicants for licensure;

(8) To designate the time and place for examining applicants for licensure;

(9) Subject to the provisions of ORS 183.310 to 183.550, to adopt rules that are necessary to carry out the provisions of ORS 690.350 to 690.430, 690.996 and 690.997;

(10) To carry out the periodic inspection of facilities of persons who practice electrolysis or tattooing;

(11) To issue a tattoo facility license to qualified applicants upon compliance with ORS 690.350 to 690.430; and

(12) To appoint or employ subordinate employees. [1987 c.698 s.15; 1993 c.30 s.9]

690.410 Rules. (1) Pursuant to ORS 183.310 to 183.550, and in consultation with the Advisory Council to the Health Division for Electrologists and Permanent Color Technicians and Tattoo Artists, the Health Division shall adopt rules to register and approve schools of electrolysis and to approve instructors who teach in such schools. Such rules shall include, but not be limited to, requirements that schools of electrolysis:

(a) Offer a course of study which shall include minimum standards of 600 hours of instruction as advised by the council;

(b) File with the division for approval, an outline of the proposed course of study. A copy of the outline shall be sent to the Department of Education. Areas of instruction shall include, but not be limited to, the following: (A) Division rules for electrolysis; (B) bacteriology; (C) sanitation and sterilization; (D) anatomy and physiology; (E) endocrinology; (F) structure, dynamics and diseases of skin and hair; (G) circulatory and nervous systems; (H) electricity; (I) a working knowledge of electrolysis, thermolysis and combinations thereof; (J) draping and positioning; and (K) professional ethics and business practices. The outline shall state the hours for instruction and lectures in theory and the hours for instruction for practical application;

(c) Provide adequate premises with separate areas for classwork and practical instruction including treatment areas for student training;

(d) Provide adequate equipment for the full and ready teaching of all subjects included in the curriculum;

(e) Comply with the division's sanitary rules; and

(f) Use the word "school" or other appropriate term conspicuously in its literature and advertising matter.

(2) The rules adopted under subsection (1) of this section shall also include requirements that:

(a) An initial inspection shall be performed prior to granting of a license; and

(b) Periodic inspections may be done at the discretion of the division and the Department of Education.

(3) To teach in an approved school of electrolysis:

(a) Instructors must hold a current, valid license to practice electrolysis in this state and must have had a minimum of two years of practical experience approved by the division or Department of Education as a licensed electrologist;

(b) Instructors must pass an instructor's examination approved, administered or recognized by the division;

(c) Instructor owners and instructors when employed as instructors in an approved school shall perform electrolysis only as demonstration for instructional purposes. However, this requirement does not exclude instructors from having a private practice as long as the private practice is not performed during the instructor's regular teaching schedule. An approved electrolysis instructor must be present to supervise and instruct in the classroom substantially at all times during school hours;

(d) Instructors shall comply with ORS 690.350 to 690.430 and the applicable rules of the division and of the State Board of Education; and

(e) All instructors must participate in continuing education, with guidelines and effective date to be established by rule of the State Board of Education.

(4) Pursuant to ORS 183.310 to 183.550, and in consultation with the council, the division shall adopt rules to prescribe education and training standards for the practice of tattooing.

(5) An applicant seeking licensure as a permanent color technician and tattoo artist shall be required to demonstrate safety, sanitation and sterilization techniques by means of an inspection conducted by the regulatory authority to test the applicant's knowledge of infection control practices and requirements. [1987 c.698 s.6; 1989 c.475 s.1; 1989 c.491 s.69; 1993 c.30 s.10; 1993 c.45 s.301]

690.415 Fees. (1) The Health Division shall assess, by rule, the following fees and any other fees necessary to carry out the provisions of ORS 690.350 to 690.430:

(a) Application fee.

(b) Examination fees.

(d) Reciprocity fee.

(e) License fee.

(f) License renewal fee, active and inactive.

(g) Late fee.

(h) Reactivation fee.

(i) Duplicate license fee.

(j) Demonstration permit.

(k) Tattoo facility fee and renewal fee, active or inactive.

(2) The division shall license each applicant, without discrimination, who proves to the satisfaction of the division fitness for such licensure as required by ORS 690.350 to 690.430 and upon payment of a fee established by the division under this section. Except as provided in ORS 690.385, the division shall issue to the applicant a license that expires one year after the date of issuance.

(3) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the division shall establish all fees under ORS 690.350 to 690.430. The fees and charges established under this subsection shall not exceed the cost of administering the regulatory program under ORS 690.350 to 690.430 pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the budget for ORS 690.350 to 690.430, as the budget may be modified by the Emergency Board. [1987 c.698 s.5; 1991 c.703 s.33; 1993 c.30 s.11]

690.420 Disposition of receipts. (1) All moneys received by the Health Division under ORS 690.350 to 690.430, 690.992 (2), 690.996 and 690.997 shall be paid into the General Fund in the State Treasury and placed to the credit of the Health Division Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 690.350 to 690.430, 690.992 (2), 690.996 and 690.997.

(2) All penalties recovered under ORS 690.996 (1) shall be paid into the General Fund in the State Treasury and credited to the Health Division Account. [1987 c.698 ss.23,27; 1991 c.734 s.104]

(Advisory Council)

690.425 Advisory council; membership; terms; compensation. (1) There hereby is created the Advisory Council to the Health Division for Electrologists and Permanent Color Technicians and Tattoo Artists. The council shall consist of five members to be appointed by the Governor.

(2) Members of the council shall be residents of this state. Two members must be practicing electrologists with a minimum of two years of experience. One member shall be a licensed and practicing permanent color technician and tattoo artist. One member shall be a licensed physician in this state. One member shall be a public member who does not possess the professional qualifications of other members.

(3) No owner, instructor or others having any direct or indirect financial interest in a school of electrolysis or tattooing or in the manufacturing of electrolysis or tattooing equipment shall serve as a member of the council.

(4) No person shall serve more than two consecutive two-year terms.

(5) The term of office of a member shall begin on January 1. A member shall continue to serve until a successor who qualifies has been appointed. Before a member's term expires, the Governor shall appoint a successor to assume the duties of office on January 1 at the expiration of the predecessor's term.

(6) A vacancy on the council shall be filled by appointment for the unexpired term through a list of qualified names submitted to the Governor.

(7) The council shall meet at least once a year.

(8) Members of the council shall be entitled to compensation and expenses as provided in ORS 292.495. [1987 c.698 s.24; 1993 c.30 s.12]

690.430 Duties of advisory council. (1) The council shall have the responsibility and duty of advising the Health Division in all matters relating to ORS 690.350 to 690.430, 690.996 and 690.997, shall prepare or adopt the examinations required by ORS 690.350 to 690.430, 690.996 and 690.997 subject to the approval of the division and shall assist the division in carrying out the provisions of ORS 690.350 to 690.430, 690.996 and 690.997.

(2) The division shall consider and be guided by the recommendations of the council in all matters relating to ORS 690.350 to 690.430, 690.996 and 690.997. [1987 c.698 s.26]