Oregon Cosmetology State Laws and Rules

Define Adequate Ventilation: "Adequate ventilation" means ventilation by natural or mechanical methods which removes or exhausts fumes, vapors, or dust to prevent hazardous conditions from occurring in accordance with OAR 437, Division 2, or to allow the free flow of air in a room in proportion to the size and capacity of the room Define Affadavit of Licensure: "Affidavit of Licensure" means an original document or other approved means of verifying licensure history, including information disclosing all unresolved or outstanding penalties and/or disciplinary actions What does "Agency" refer to? "Agency" means the Oregon Health Licensing Agency. What does "Article" mean? "Article" means those items which complement services provided in the practice of barbering, hair design, esthetics or nail technology, including but not limited to neck-strips, neck dusters, towels or linens, and cloth or plastic capes. Define Authorization: "Authorization" has the definition set forth in ORS 676.580 and means a certificate, license, permit or registration issued by the Oregon Health Licensing Agency that allows a person to practice one of the occupations or professions or maintain a facility subject to the authority of the boards and councils listed in ORS 676.583. What does Chemical Service mean? "Chemical service" means the use of any product which restructures or removes hair or changes the shape or appearance of skin, hair or nails. What does a "Common Area" mean? "Common area" means an area of a facility which is used by all authorization holders performing services, including, but not limited to reception areas, dispensing areas, sinks, shampoo bowls, hair dryers, hair dryer areas and employee lounges. What does "Disinfect" mean? "Disinfect" means using a process to destroy harmful organisms, including bacteria, viruses, germs and fungi. What does "Dispensing Area" mean? "Dispensing area" means an area with non-porous surfaces and a sink with hot and cold running water where service preparations are conducted, including, but not limited to, mixing of chemicals, cleaning of tools and equipment, disposing of residues and rinsing parts of the body exposed to chemicals. What qualifies as an educational institution? "Educational Institution" means an Oregon high school under ORS 335, Oregon career school licensed under ORS 345 or an Oregon community college under ORS 341. Define "EPA": "EPA" means Environmental Protection Agency, a branch of the federal government, which approves and registers chemical compounds and agents. What does Equiptment mean? "Equipment" means those items needed to operate a facility, including, but not limited to, waiting chairs, barber or styling chairs, shampoo chairs, cabinets, sinks, shampoo bowls, stationary dryers, pedicure bowls or whirlpool foot spas, paraffin wax containers, and nail technology tables. What does "Fire Retardant Container" mean? "Fire retardant container" means an airtight metal container for disposing of chemical waste or storing linens with chemical residue. Define High Level Disinfectant: High-level disinfectant" means a chemical agent, which has demonstrated tuberculocidal activity and is registered with the EPA. Define Low Level Disinfectant: "Low-level disinfectant" means a chemical agent which has demonstrated bactericidal, germicidal, fungicidal, and limited virucidal activity and is registered with the EPA. Define Materials and Supplies: "Materials and supplies" means those items which complement the use of tools, including but not limited to hair tints, bleaches, permanent wave solutions, hair oils, shampoos, rinses, disinfectants, and chemicals. What does "Natural Person" mean? "Natural Person" means a living, individual, human being. What does "Official Transcript" mean? (a) An original document authorized by the appropriate office in the Oregon Department of Education and certified by an educational institution indicating applicant identity information, each field of practice enrolled under, specific hour requirements for each field of practice if applicable, final practical examination scores for each field of practice, enrollment information and a signature from an authorized representative on file with the agency. Original documents must be submitted directly to the agency from the educational institution by United States Postal Service mail or other recognized mail service providers in a sealed envelope; OR Non-original documents are only accepted when approved by the Agency. Define "Premises" "Premises" means the entire area of a facility, licensed by the agency as a facility defined under ORS 690.005. What does "Sharp edged or pointed, non-electrical tools and implements" mean? "Sharp edged or pointed, non-electrical tools and implements" means those items which may on occasion pierce or cut the skin and draw blood, including razors, cuticle nippers, cuticle pushers, nail clippers, tweezers, comedone extractors, shears, and metal nail files. What does soiled mean? "Soiled" means an article that has been used and has not been cleaned or disinfected for use on the next client. Define tools and implements: "Tools and implements" means all portable articles and instruments, which the authorization holder uses when performing services on clients, including, but not limited to combs, shears, clippers and yoyettes. Define work area: "Work area" means an area where services are performed and preparations are conducted, including, but not limited to shampoo area, work stations and dispensing area. What must authorization holders do when it comes to the state regulations and federal ventilation requirements? (1) Authorization holders must observe the Department of Human Services, Oregon Health Authority, and other city, county and state regulations. (2) Authorization holders must adhere to all city, county, state and federal ventilation requirements. Any public place in a facility shall be governed under which act? They should all provide adequate what? Any public place in a facility shall be governed under the Oregon Indoor Clean Air Act as it appears in ORS 433.835 through 433.875. All facilities shall provide adequate ventilation according to OAR (2). An adequate and immediate supply of both hot and cold running water and wash basins must be available: (a) On the facility premises and; (b) In any work area where hazardous materials are in use, which may have a harmful effect on or be absorbed through the skin if the contamination is not removed. Do sinks in restrooms qualify as a water source for a facility? When only do they qualify? No, and they only qualify in a natural hair care establishment. Washing accommodations must be kept in what condition? Clean and Sanitary. What must be available in a facility bathroom? What is prohibited in facility bathrooms? (5) Hand soap or similar cleansing agents must be available. (6) Individual towels of cloth or paper must be available. Air blowers for drying the hands may be substituted for towels. (7) Use of bar soap or a common towel is prohibited. What are the rules for employee restrooms? Where must they be? Restrooms must be available for employees. The restroom must be on the facility premises or in an adjoining premise which is reasonably accessible from any work area. Facility restrooms must be kept in what order at all times? All restrooms on facility premises must be kept clean, sanitary and in proper working order at all times. Where must the liquid waste be discharged? In the absence of that, which method meets the requirements? (3) All liquid waste from toilets and sinks must be discharged directly into a public sewer or, in the absence of a public sewer, by method meeting the requirements of ORS Chapter 454 (sewage treatment and disposal systems). What types of towels are used by authorization holders on clients? Where are they stored? (1) An authorization holder must: (a) Use clean towels or linens for each client. (b) Store clean towels and linens in a clean area. Where are soiled towels stored? Where are chemically soiled towels stored? (c) Use closable containers large enough and sturdy enough to store all soiled towels or linens. (d) Store chemically soiled towels or linens in fire-retardant containers. How should towels be laundered? Launder towels or linens by a regular commercial laundering or by a non-commercial laundering process, which includes use of commercial laundry detergent manufactured for the purpose of cleaning clothes, linens or other washable fabric, and immersion in hot water during the hot water wash/rinse operation. What is used to prevent direct contact between a common use hair cloth or cape and the client's skin? (1) A neck strip or towel must be placed around the client's neck to prevent direct contact between a common use hair cloth or cape and the client's skin. All items which come in direct contact with the client's skin but do not require disinfecting must be: Clean All articles which come in direct contact with the client's skin and cannot be cleaned or disinfected must be: disposed of in a covered waste receptacle immediately after use. All substances, including paraffin wax, used within a field of practice must be dispensed from: containers in a manner to prevent contamination of the unused portion. How must paraffin wax be used to prevent contamination of remaining wax in the paraffin bath? application with a single use or sanitized spatula or applicator, or disposal of any used wax. When not in use, how should paraffin be stored? (3) Paraffin must be covered when not in use, and maintained at a temperature specified by the manufacturer's instructions. At the conclusion of each service and business day, chemical waste material must be disposed of how? (1) All chemical waste material must be disposed of in a closed container at the conclusion of each service and disposed of in a fire retardant container at the end of each business day. How must waste related to the performance of service be disposed? All waste related to the performance of services must be disposed of in a covered container to avoid blood or other potentially infectious materials. The waste unrelated to performance of services must be disposed of in what way? Which containers are exempt from having covers? All waste unrelated to performance of services must be disposed of in a covered waste disposal container. Containers located in the reception area, which do not contain waste relating to performance of services, are exempt from having covers. All outer surfaces of waste disposal containers must be kept _____ Clean What do you do with any waste that contains blood or potentially infectious material? All waste which contains blood or other potentially infectious materials must be disposed of in a glove or plastic bag and then disposed of in a covered container with a garbage liner immediately following the service. All disposable sharp objects that come into contact with blood or other potentially infectious materials must be disposed of how? All disposable sharp objects that come in direct contact with blood or other potentially infectious materials must be disposed of in a sealable rigid (puncture-proof) container to avoid cuts or punctures during the disposal process. What must authorization holders have on hand at all times for services being performed? Authorization holders must have sealable plastic bags and sealable rigid containers available for use at all times services are being performed. All tools and implements that come in direct contact with clients, must be ______ or _________ of after each use. disinfected or disposed of. Sterilizing equipment is maintained how? Adequate disinfecting and sterilizing equipment must be maintained for the volume of business and usage requirements for the number of authorization holders performing services, If sterilization equipment is used, the equipment must be maintained and used according to manufacturer's instructions. When used according to the manufacturer's instructions, what are approved methods of disinfecting tools and implements? (a) Complete immersion in an appropriate disinfectant according to OAR . (b) Steam sterilizer, registered and listed with the U.S. Food and Drug Administration; or (c) Dry heat sterilizer or autoclave, registered and listed with the U.S. Food and Drug Administration. How must disinfectants be kept? All disinfectants listed must be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times when the facility is open for business. What must be done with Nail files, pumice blocks, cosmetic sponges, buffer blocks, sanding bands or sleeves, orangewood sticks, disposable nail bits and other similar articles after use on client? Nail files, pumice blocks, cosmetic sponges, buffer blocks, sanding bands or sleeves, orangewood sticks, disposable nail bits and other similar articles must be given to the client or discarded after use on a client. Presence of used articles in the work area may be used as prima facie evidence of re-use of those articles. Protective gloves that are not cleaned with soap and water and disinfected must be : Disposed of after each client. All manual or mechanical devices and equipment used in a field of practice must meet all _______________________ imposed by any federal, state, county, or local authority. "product registration requirements" Verification and documentation must be _______________ for any device classified by the U.S. Food and Drug Administration (FDA) that is used in a field of practice. It may not apply to those items used in the delivery of basic services, which have been defined as _______________,___________,_________. maintained and accessible. "articles, equipment or materials and supplies." Use of any manual or mechanical device or equipment must be within: ____,_____,______ The operators scope of practice,be consistent with the manufacturer's intended use of the device, and with client health and safety Any manual or mechanical device or equipment used in a field of practice is subject to : Inspection All tools and implements used within a field of practice must be disinfected before use on each client. To disinfect non-electrical tools and implements: (a) Remove all hair and all foreign material; (b) Clean thoroughly with soap or detergent and water; (c) Rinse thoroughly with clear, clean water; and (d) Complete process as outlined in section (2) or (3) of this rule; or (e) Sterilize, using one of the approved methods listed in OAR (5)(b) or (c). For all tools and implements without sharp edges or points, including but not limited to combs, brushes, rollers, rods, etc., completely immerse according to manufacturer's instructions in a solution containing ________ parts per __________ of a commercial quaternary ammonium compound or other low-level disinfectant used according to the manufacturer's instructions. l,000 parts per million (ppm) Electrical clipper blades must be disinfected before each use. The method is as follows: Remove all hair and all foreign material; (b) Completely saturate clipper blade with a high-level disinfectant solution, spray, or foam used according to the manufacturer's instructions. New, disinfected and cleaned tools and implements must be stored _________ from all others. Seperately Roller-storage receptacles and their contents must be ____________ Clean and free from foreign material. During the trying on of a manufactured hairpiece, that portion of the head which comes in contact with the hairpiece must be: completely covered with a disposable cover. All used hair goods must be cleaned according to manufacturer's instructions before resale and marked as: "used" Are pets permitted in business facilities? What are the exceptions? Pets or other animals are not permitted in the business 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. The surface of all equipment, including, but not limited to back-bars must be made of _______. This requirement does not apply to the ________ of a facility where services are not performed. cleanable non-porous material, reception area All equipment must be________ clean and in good repair. Shampoo bowls and sinks must be clean and free of: hair and residue. All surfaces contaminated by blood or other potentially infectious materials must be : disinfected with a high-level solution according to manufacturer's instructions. How must foot spa equipment be cleaned? All areas of foot spa equipment must be cleaned and disinfected with a high-level disinfectant after use on each client, including removal of safety drain screens and clearing of all debris from the filtration system. What should floor surfaces in the working area of a facility be made of? How must they be kept? Floor surfaces in the working area of a facility must be made of a cleanable, non-porous material and must be kept clean, orderly, and in good repair. Are wooden floors okay for working areas of a facility? Wooden floors which have a durable water-proof non-porous finish may be acceptable in working areas of the facility. How should hair clippings be disposed of? Hair clippings must not be allowed to accumulate and must be disposed of in a covered container. What must walls and ceilings be free of? Walls and ceilings must be clean and free of condensation, mildew and excessive spots, or peeling paint. What should you do immediately before and after serving each client? Thorough hand washing with soap and water or alternative hand washing products. When performing a service or procedure that routinely involves exposure to blood or other potentially infectious materials, what must be worn? single-use disposable protective gloves If spattering is likely to occur while services are being performed, what must be worn? Wear eye goggles, shields or a mask if spattering is likely to occur while services are being performed. May head lice be treated at a facility? Head lice may be treated at the discretion of the authorization holder Estheticians may only use products designed for _____ and may not use products that ______ skin. Skin care, damage Estheticians may not use unbuffered alpha-hydroxy acids at concentrations greater than ___ percent; 15 Estheticians may not use buffered concentrations of alpha-hydroxy acids of 10 to 30 percent where pH is less than _; 3 Estheticians may not use any concentration or formulation of alpha-hydroxy acids greater than ___ percent; 30% How long must client's information be on file? 2 years and must be made available immediately upon request from an enforcement officer of the Oregon Health Licensing Agency. If a client refuses to provide personal information on record, what can be done? An authorization holder is prohibited from providing services to a client who refuses to provide the personal information required in subsection (1)(a) of this rule unless the client signs a waiver form documenting the client's refusal to provide the required information. The signed waiver form must be retained on file in the manner required in subsection (2) of this rule for client records. How long is a facility license valid for? When does it expire? A facility license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance. Who must a facility owner be? A natural person. Is a facility license transferable from person to person or location to location? No If an existing facility moves, what must be done? If an existing facility moves or relocates to a new physical address, the facility license holder must submit a new application and meet requirements of OAR . May a natural person hold more than one facility license? What must be done? .A natural person may hold more than one facility license, but must submit a separate application, pay required fees and qualify for a facility license for each location. To obtain a facility license what are the requirements? Age? If it is in a rural or isolated area? 18 years of age, submit application and fees, A map or directions to the facility if it is located in a rural or isolated area; A list of authorization holders providing services in the facility; The name of facility; and If the facility is not operating under the real and true name of each owner the applicant must provide appropriate documentation of being registered with the Secretary of State under ORS 648 When body piercing, electrology, or tattoo services are provided in a cosmetology facility, what must be present? When body piercing, electrology or tattoo services are provided in a cosmetology facility, body piercing, electrology or tattoo services must be separated from cosmetology services by a solid barrier to prevent contact with irritants. A facility located in-residence must have: Have an identifying house number and a sign with the facility name, and is easily visible from the street, and indicates the location of the facility How must the living area of the home of an in-residence facility be kept separate? The living area of the home must be separated from the facility by solid walls extending from floor to ceiling, with any connecting doors kept closed while the facility is in operation. Is a separate entrance required for in-home facilities? A separate entrance is not required for facilities located in a residence How long is a temporary facility permit valid for? What do you have to be in order to run a temporary facility? A temporary facility permit is valid for a limited time not to exceed 30 consecutive calendar days, at settings such as fairs, carnivals or bazaars. If a facility owner licensed under OAR intends to operate a facility on a limited basis, away from the facility address on file with the agency, they must obtain a _______? temporary facility permit. For the Agency to issue a temporary facility permit the applicant must: Submit an application, be 18 at least,Provide a map or directions to the temporary facility if it is in a rural or isolated area; Provide a list of authorization holders providing services in the temporary facility; Submit on the application form the name of the temporary facility; and If the temporary facility is not operating under the real and true name of each owner, The applicant must provide appropriate documentation of being registered with the Secretary of State under ORS 648 including but not limited to a temporary facility operating under a corporation, limited liability corporation or an assumed business name.