OAR 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 (Mobile Facility License):

(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 (Facility Standards)(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 (Standards for Facilities Located in Residence):

(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 (General Standards for Earlobe Piercing) for earlobe piercing; 331-900-0115 (General Standards for Standard Body Piercing) for standard body piercing; 331-905-0095 (General Standards for Specialty Body Piercing) for specialty body piercing; 331-910-0080 (General Standards) for electrology; or 331-915-0070 (General Standards for Tattooing) 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 (Standards for Client Services for Earlobe Piercing Licensees) for earlobe piercing; 331-900-0120 (Standards for Client Services for Standard Body Piercing) for standard body piercing, 331-905-0100 (Standards for Client Services for Specialty Body Piercing) for specialty body piercing; 331-910-0070 (Standards for Client Services for Electrology) for electrology; or 331-915-0075 (Standards for Client Services for Tattooing) 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 (Approved Sterilization Standards for Standard Body Piercing)(1) and (2) for body piercing; 331-905-105(1) and (2) for specialty body piercing; 331-910-0075 (Sterilization Standards for Electrology)(1) and (2) for electrology; or 331-915-0080 (Approved Sterilization Standards for Tattooing)(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 (Approved Sterilization Standards for Standard Body Piercing) excluding (1), (2), (9) and (10) for body piercing; 331-905-0105 (Approved Sterilization for Specialty Body Piercing) excluding (1), (2), (9) and (10) for specialty body piercing; 331-910-0075 (Sterilization Standards for Electrology) excluding (1), (2), and (10) for electrology; or 331-915-0080 (Approved Sterilization Standards for Tattooing) 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 (Approved Sterilization Standards for Standard Body Piercing) (9) or (10) for body piercing; 331-905-0105 (Approved Sterilization for Specialty Body Piercing) (9) and (10) for specialty body piercing; 331-910-0075 (Sterilization Standards for Electrology)(10) for electrology; or 331-915-0080 (Approved Sterilization Standards for Tattooing)(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 (Client Records and Information for Earlobe Piercing License Holder) for earlobe piercing; 331-900-0130 (Client Records and Information for Standard Body Piercing) for standard body piercing, 331-905-0110 (Client Records and Information for Specialty Body Piercing) for specialty body piercing; 331-910-0085 (Client Records) for electrology; or 331-915-0085 (Client Records and Information for Tattooing) for tattooing:

(a)

1st offense: $500;

(b)

2nd offense: $1,000;

(c)

3rd offense: $2,500.

Source: Rule 331-950-0040 — Schedule of Penalties for Board of Body Art Standards Violations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=331-950-0040.

Last Updated

Jun. 8, 2021

Rule 331-950-0040’s source at or​.us