Oregon State Law

(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]