Or. Admin. Code § 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;
(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.
(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.
Notes
Statutory/Other Authority: 676.615 & 676.560
Statutes/Other Implemented: 676.560
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