Or. Admin. Code § 817-005-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 817-005-0005 - Definitions

The following definitions apply to OAR Chapter 817, Divisions 5 through 120.

(1) "Adequate ventilation" means ventilation by natural or mechanical methods that removes or exhausts fumes, vapors, or dust to prevent hazardous conditions from occurring in accordance with OAR Chapter 437, Division 2, or to allow the free flow of air in a room in proportion to the size and capacity of the room.

(2) "Affidavit of Licensure" means an original document or other approved means of verifying licensure history, including information disclosing all unresolved or outstanding penalties and disciplinary actions. Refer to OAR 331-030-0040.

(3) "Article" means those items that complement services provided in the practice of barbering, hair design, esthetics, or nail technology, including, but not limited to, neck-strips, towels or linens, and cloth or plastic capes.

(4) "Authorization" has the definition set forth in ORS 676.562 and means a certificate, license, permit, or registration issued by the Health Licensing Office 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 676.565.

(5) "Barbering" has the definition set forth in ORS 690.005.

(6) "Board" means the Board of Cosmetology.

(7) "Chemical service" means the use of any product that restructures or removes hair or changes the shape or appearance of skin, hair or nails.

(8) "Common area" means an area of a facility that 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.

(9) "Dermaplaning" means the use of a blade with a handle to remove dead skin cells and vellus hairs from the face.

(10) "Disinfect" means using a process to destroy harmful organisms, including bacteria, viruses, germs, and fungi.

(11) "Dispensing area" means an area with nonporous 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 implements, mechanical or electrical apparatuses, appliances, devices and equipment, disposing of residues, and rinsing parts of the body exposed to chemicals.

(12) "EPA" means the United States Environmental Protection Agency.

(13) "Epidermis" has the definition set forth under OAR 817-015-0045.

(14) "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.

(15) "Esthetics" has the definition set forth in ORS 690.005.

(16) "Esthetics device" has the definition set forth under OAR 817-015-0040.

(17) "Facility" has the definition set forth in ORS 690.005.

(18) "FDA" means the United States Food and Drug Administration.

(19) "Field of practice" has the definition set forth in ORS 690.005.

(20) "Fire-retardant container" means an airtight metal container for disposing of chemical waste or storing linens with chemical residue.

(21) "Freelance authorization" has the definition set forth in ORS 690.005.

(22) "Hair design" has the definition set forth in ORS 690.005.

(23) "HECC" means Higher Education Coordinating Commission.

(24) "High-level disinfectant" means a chemical agent, that has demonstrated tuberculocidal activity and is registered with the EPA.

(25) "Independent contractor" has the definition set forth in ORS 690.005.

(26) "Low-level disinfectant" means a chemical agent that has demonstrated bactericidal, germicidal, fungicidal, and limited virucidal activity and is registered with the EPA.

(27) "Materials and supplies" means those items that complement the use of tools and implements, mechanical or electrical apparatuses, appliances or devices, including but not limited to hair tints, bleaches, permanent wave solutions, hair oils, shampoos, wax, rinses, disinfectants, and chemicals.

(28) "Mechanical or electrical apparatus, appliance, or device" has the definition set forth in ORS 690.005.

(29) "Nail technology" has the definition set forth in ORS 690.005.

(30) "Natural hair care" has the definition set forth in ORS 690.005.

(31) "Natural person" means a living, individual, human being.

(32) "Natural physiological effect" has the definition set forth in OAR 817-015-0045.

(33) "Office" means the Health Licensing Office.

(34) "Official transcript" means a document prescribed by the Office showing proof an applicant has completed all curriculum requirements adopted by the Board for each field of practice the applicant is enrolled under and has completed. An official transcript must be submitted directly to the Office from a school by mail, email, or fax. An official transcript must include:

(a) Applicant identity information, including first and last name and date of birth;

(b) Enrollment information including date of enrollment, last date of attendance, withdrawal date if applicable, and graduation date;

(c) Each field of practice the applicant has completed;

(d) Specific hours and number of practical operations completed for each field of practice;

(e) Final practical examination scores for each field of practice and the date each practical examination was administered;

(f) A signature from an authorized representative on file with the Office;

(g) School name and location;

(h) Type of school;

(i) School stamp, school seal, or notarization.

(35) "Practitioner" has the definition set forth in ORS 690.005.

(36) "Premises" means the entire area of a facility, licensed by the Office as a facility defined under ORS 690.005.

(37) "School" means an educational establishment that offers a program of study in one or more fields of practice other than natural hair care, including, but not limited to, a career school licensed under ORS 345.010 to 345.450, including a proficiency-based career school, a community college, an educational establishment operated by a school district, Oregon Youth Authority, or Department of Corrections.

(38) "Sharp-edged or pointed, non-electrical tools and implements" means those items that may come in contact with blood-borne pathogens and other potentially hazardous materials, including, but not limited to, dermaplaning blades with handles, lancets, razors, cuticle nippers, cuticle pushers, nail clippers, tweezers, comedone extractors, shears, and metal nail files.

(39) "Soiled" means an article that has been used and has not been cleaned or disinfected for use on the next client.

(40) "Superficial peel" means a chemical peel that does not extend beyond the stratum basale (basal layer). This does not include enzymes and other solutions that act only on the stratum corneum.

(41) "Tools and implements" means all portable articles and instruments, that the authorization holder uses when performing services on clients, including, but not limited to, combs, brushes, shears, clippers and yoyettes. Tools and implements do not include mechanical or electrical apparatus, appliances, or devices.

(42) "Very superficial peel" means a chemical peel that does not extend beyond the stratum spinosum. This does not include enzymes and other solutions that act only on the stratum corneum.

(43) "Work area" means an area where services are performed and preparations are conducted, including, but not limited to, shampoo areas, workstations, and dispensing areas.

Or. Admin. Code § 817-005-0005

BH 2-1978, f. & ef. 11-29-78; BH 1-1982, f. & ef. 1-29-82; BH 2-1982, f. & ef. 3-31-82; BH 1-1983(Temp), f. & ef. 10-4-83; BH 4-1984, f. & ef. 12-7-84; Renumbered from 817-010-0002; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; BH 2-1996, f. 6-28-96, cert. ef. 7-1-96; BH 1-1997, f. 7-22-97, cert. ef. 8-1-97; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00: BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2005, f. 6-17-05, cert. ef. 7-1-05; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 1-2009, f. & cert. ef. 6-1-09; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14; BOC 1-2018, minor correction filed 02/07/2018, effective 2/7/2018; BOC 3-2019, amend filed 12/06/2019, effective 1/1/2020; BOC 1-2024, amend filed 01/21/2024, effective 1/26/2024; BOC 5-2024, amend filed 06/29/2024, effective 7/1/2024

Statutory/Other Authority: ORS 690.005, ORS 345, ORS 690.165 & ORS 676.615

Statutes/Other Implemented: ORS 690.005, ORS 345 & ORS 690.165