Or. Admin. Code § 331-950-0040

Current through Register Vol. 64, No. 1, January 1, 2025

Section 331-950-0040 - Schedule of Penalties for Board of Body Art Standards Violations

The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of Board of Electrologists and Body Art Practitioners Facility Standards laws and rules. This schedule applies, except at the discretion of the Office pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of 331-020-0060 apply.

(1) Any violation of a Mobile Facility License listed in OAR 331-925-0020:

(a) 1st offense: $500;

(b) 2nd offense: $1,000;

(c) 3rd offense: $2,500.

(2) Any violation of a facility standard listed in OAR 331-925-0050(1) or (2) excluding (1)(a) and (1)(c):

(a) 1st offense: $500;

(b) 2nd offense: $1,000;

(c) 3rd offense: $2,500.

(3) Any violation of a Standard for Facilities Located in Residence listed in OAR 331-925-0055:

(a) 1st offense: $300;

(b) 2nd offense: $500;

(c) 3rd offense: $1,000.

(4) Any violation of a General Standard listed in OAR 331-900-0097 for earlobe piercing; 331-900-0115 for standard body piercing; 331-905-0095 for specialty body piercing; 331-910-0080 for electrology; or 331-915-0070 for tattooing;

(a) 1st offense: $500;

(b) 2nd offense: $1,000;

(c) 3rd offense: $2,500.

(5) Any violation of Standards for Client Services listed in OAR 331-900-0098 for earlobe piercing; 331-900-0120 for standard body piercing, 331-905-0100 for specialty body piercing; 331-910-0070 for electrology; or 331-915-0075 for tattooing:

(a) 1st offense: $500;

(b) 2nd offense: $1,000;

(c) 3rd offense: $2,500.

(6) Failing to sterilize all instruments that come in direct contact with a client's skin or are exposed to blood or other potentially infectious materials or use single use needles is a violation of OAR 331-900-0125(1) and (2) for body piercing; 331-905-105(1) and (2) for specialty body piercing; 331-910-0075(1) and (2) for electrology; or 331-915-0080(1) and (2) for tattooing;

(a) 1st offense: $1,000;

(b) 2nd offense: $2,500;

(c) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

(7) Failing to properly use approved sterilization modes or procedures is a violation of OAR 331-900-0125 excluding (1), (2), (9) and (10) for body piercing; 331-905-0105 excluding (1), (2), (9) and (10) for specialty body piercing; 331-910-0075 excluding (1), (2), and (10) for electrology; or 331-915-0080 excluding (1), (2), (9) and (10) for tattooing:

(a) 1st offense: $1,000;

(b) 2nd offense: $2,500;

(8) Failing to maintain monthly biological test results, chemical indicator strips and steam sterilization integrators on the premises of the facility or allow an enforcement officer access to review those records immediately upon request is a violation of OAR 331-900-0125(9) or (10) for body piercing; 331-905-0105(9) and (10) for specialty body piercing; 331-910-0075(10) for electrology; or 331-915-0080(9) and (10) for tattooing:

(a) 1st offense: $500;

(b) 2nd offense: $1,000;

(c) 3rd offense: $2,500.

(9) Failing to collect and maintain complete client records for each client on the premises of the facility or allow an enforcement officer access to review client records immediately upon request is a violation of OAR 331-900-0099 for earlobe piercing; 331-900-0130 for standard body piercing, 331-905-0110 for specialty body piercing; 331-910-0085 for electrology; or 331-915-0085 for tattooing:

(a) 1st offense: $500;

(b) 2nd offense: $1,000;

(c) 3rd offense: $2,500.

Or. Admin. Code § 331-950-0040

HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12; HLA 10-2012, f. & cert. ef. 6-25-12; HLA 1-2013, f. & cert. ef. 1-16-13; HLA 15-2013, f. 12-30-13, cert. ef. 1-1-14; HLO 1-2018, amend filed 01/04/2018, effective 1/4/2018; HLO 63-2018, minor correction filed 02/07/2018, effective 2/7/2018

Statutory/Other Authority: 676.615 & 676.560

Statutes/Other Implemented: 676.560