Oregon Admin Rules 817 Division 10

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17-010-0007

Compliance with All Applicable Regulations

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(1) Practitioners, facility owners and independent contractors shall observe and be subject to all Department of Human Services, Health Services, and other city, county and state regulations pertaining to public health and safety. Compliance with building, state fire, plumbing, and electrical regulations is required.

(2) In addition, when an employee/employer relationship exists, practitioners shall comply with ORS 654, the Oregon Safe Employment Act

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817-010-0009

Compliance with Indoor Clean Air Act and Ventilation Requirements

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(1) Facility water supplies shall have a minimum of 20 lbs pressure per square inch in accordance with the State Plumbing Code.

(2) The quality & construction of facility water supplies shall meet the requirements of ORS Chapter 448 and the State Plumbing Code, OAR 918, Division 750.

(3) All facilities shall have an adequate supply of both hot & cold running water & wash basins on the facility premises. Sinks located in the restroom do not qualify as a water source for the facility premises.

(4) Practitioners shall have immediate access to a supply of hot & cold running water.

(5) Hand washing accommodations shall be provided in work areas where the employees are exposed to hazardous materials, which may have a harmful effect on or be absorbed through the skin if the contamination is not removed.

(6) Washing accommodations shall be maintained in a clean & sanitary condition.

(7) Hand soap or similar cleansing agents shall be provided.

(8) Individual towels of cloth or paper shall be provided. Air blowers for drying the hands may be substituted for towels.

(9) Use of bar soap or a common towel is prohibited

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817-010-0021

Restroom/Toilets and Water Disposal

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(1) All facilities shall have a restroom available for employees. The restroom shall be located on the facility premises or in an adjoining premises which is reasonably accessible.

(2) All restrooms located on facility premises shall be kept clean, sanitary and in proper working order at all times.

(3) All facility liquid waste from toilets and lavatories shall be discharged directly into a public sewer or, in the absence of a public sewer, by method meeting the requirements of ORS Chapter 454 (septic tank and drain field requirements)

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817-010-0035

Towels or Linens

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(1) Clean towels or linens shall be used for each client.

(2) When using linens as arm cushions during nail technology service, the practitioner may use a protective disposable cover on the linen towel to prevent contact with the client.

(3) Clean towels and linens shall be stored in a clean area.

(4) Each facility or practitioner shall provide closable containers large enough and sturdy enough to store all soiled towels or linens after use. Chemically soiled towels or linens shall be stored in fire-retardant containers.

(5) Used towels shall be laundered either by regular commercial laundering or by a non-commercial laundering process, which includes use of commercial laundry detergent manufactured for the purpose of cleaning clothes, linens or other washable fabric, and immersion in hot water during the hot water wash/rinse operation

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817-010-0040

Articles in Contact with a Client

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(1) A neck strip or towel shall be placed around the client's neck to prevent direct contact between a common use hair cloth or cape and the client's skin.

(2) All items which come in direct contact with the client's skin that do not require disinfecting shall be clean.

(3) All articles which come in direct contact with the client's skin that cannot be cleaned or disinfected shall be disposed of in a covered waste receptacle immediately after use

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817-010-0055

Materials in Contact with a Client

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(1) All chemical substances, including paraffin wax, used within a field of practice shall be dispensed from containers in a manner to prevent contamination of the unused portion.

(2) Paraffin wax must be used in such a manner that prevents contamination of wax remaining in the paraffin bath or container, such as application with a single use or sanitized spatula or applicator, or disposal of any used wax. Paraffin must be covered when not in use, and maintained at a temperature specified by the manufacturer's instructions

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817-010-0060

Refuse and Waste Material

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(1) All chemical waste material shall be deposited in a closed container at the conclusion of each service and then disposed of in a fire-retardant container at the close of each business day.

(2) All waste related to the performance of services shall be deposited in a covered container to avoid the potential for cross contamination through release of or exposure to infectious waste materials.

(3) All waste unrelated to performance of services shall be deposited in a waste disposal container. Containers located in the reception area, which do not contain waste relating to performance of services, are exempt from having covers.

(4) Any waste disposal container used to store cigarette ashes, butts, etc., shall be a metal or fire-retardant container.

(5) Outer surfaces of waste disposal containers shall be kept clean.

(6) Any disposable material coming into contact with blood and/or body fluids such as discharge from pustules, pimples, and sebaceous glands, shall be disposed of in a sealable plastic bag (separate from sealable trash or garbage liners) or in a manner that not only protects the licensee and the client but also others who may come into contact with the material such as sanitation workers.

(7) Any disposable sharp objects that come in contact with blood or other body fluids shall be disposed of in a sealable rigid (puncture-proof) container that is strong enough to protect the practitioner, client and others from accidental cuts or puncture wounds that could happen during the disposal process.

(8) Practitioners and/or facility owners shall have both sealable plastic bags and sealable rigid containers available for use at all times services are being performed

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817-010-0065

Requirements and Standards

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(1) All tools and implements that come in direct contact with a client, must be disinfected or disposed of after use.

(2) Only disinfecting agents that meet the criteria set forth in OAR 817-005-0005 (29) and (32) are approved for use.

(3) Holders of a facility license, independent contractor registration, or freelance authorization must provide and maintain adequate disinfecting or sterilizing equipment for the number of practitioners, usage requirements, and volume of business.

(4) Optional sterilization equipment used in lieu of disinfectants must be checked annually to ensure it is reaching the temperature and/or pressure required by manufacturer's instructions.

(5) When used according to the manufacturer's instructions, each of the following is an approved method of disinfecting tools and implements:

(a) Complete immersion in the disinfecting solution of the object(s) or portion(s) thereof to be disinfected;

(b) Steam sterilizer, registered and listed with the U.S. Food and Drug Administration; or

(c) Dry heat sterilizer or autoclave, registered and listed with the U.S. Food and Drug Administration.

(6) All disinfecting agents must be kept at adequate strengths to maintain effectiveness, be free of foreign material and be available for immediate use at all times the facility is open for business.

(7) Nail files, cosmetic sponges, buffer blocks, sanding bands or sleeves, orangewood sticks, and disposable nail bits that have not been approved by the agency for disinfection and reuse, must be given to the client or discarded after use on each client. Presence of these articles in the work area (facility) is prima facie evidence of use.

(8) Protective gloves that are not cleaned with soap and water and disinfected must be disposed of after use on a client (refer to provisions of OAR 817-015-0030(3) and (5).

(9) All manual or mechanical devices and equipment used in the practice of barbering, esthetics, hair design or nail technology must meet all “product registration requirements” imposed by any federal, state, county, or local authority.

(10) All manual or mechanical devices or equipment used in the practice of barbering, esthetics, hair design or nail technology must be used in accordance with the “product safety requirements” imposed by any federal, state, county, or local authority.

(11) Each practitioner, facility owner or independent contractor must verify, maintain, or be able to access documentation related to any device classified by the U.S. Food and Drug Administration (FDA) that is used in the practice of barbering, esthetics, hair design, and nail technology, as defined in ORS 690.005.

(12) Practitioners may not use any manual or mechanical device or equipment unless the use is part of the delivery of services within the practitioner’s scope of practice under ORS 690, and is consistent with the manufacturer’s intended use of the device and with client health and safety. In determining whether the use of any manual or mechanical device or equipment is consistent with client health and safety, the agency will consider the information provided in the documentation required by section (11) of this rule.

(13) The documentation requirements described in section (11) of this rule apply to specialized items used in the practice of barbering, esthetics, hair design or nail technology and may not apply to those items used in the delivery of basic services, which have been defined as an "article", equipment", or "materials and supplies" in OAR chapter 817, division 005, such as scissors, combs, orangewood sticks, shampoo bowls, styling chairs or nail files.

(14) Practitioners must permit any representative of the agency to inspect any manual or mechanical device or equipment used in the practice of barbering, esthetics, hair design or nail technology or the documentation required by section (11) of this rule, upon demand.

(15) Practitioners, facility owners and independent contractors providing laser hair reduction skin care services, shall comply with requirements of the March 16, 2007 edition of the American National Standards for Safe Use of Lasers (ANSI) Z136.1-2007

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817-010-0068

Disinfecting Non-Electrical Tools and Implements

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All tools and implements used within a field of practice shall be disinfected before use on each client. The method for disinfecting non-electrical tools and implements will be as outlined below.

(1) To disinfect all non-electrical tools and implements first:

(a) Remove all hair and/or foreign material;

(b) Clean thoroughly with soap or detergent and water;

(c) Rinse thoroughly with clear, clean water; and

(d) Complete process as outlined in section (2) or (3) of this rule; or

(e) Sterilize, using one of the approved methods listed in OAR 817-010-0065(5)(b) or (c).

(2) For all tools and implements without sharp edges or points, including but not limited to combs, brushes, rollers, rods, etc., totally immerse according to manufacturer's instructions in a solution containing l,000 parts per million (ppm) of a commercial quaternary ammonium compound or other low-level disinfectant used according to the manufacturer's instructions.

(3) For all tools and implements with sharp edges or points totally, immerse in a high-level disinfectant used according to the manufacturer's instructions.

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817-010-0069

Disinfecting Electrical Tools and Implements

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(1) All electrical tools and implements, with the exception of clipper blades, shall be disinfected before each use. The method is as follows:

(a) Remove hair and/or all foreign matter;

(b) Disinfect with a low-level disinfectant used according to the manufacturer's instructions.

(2) Electrical clipper blades shall be disinfected before each use. The method is as follows:

(a) Remove hair and/or all foreign matter;

(b) Completely saturate clipper blade with a high-level disinfectant solution, spray, or foam used according to the manufacturer's instructions.

(3) Electrical clipper blades may be sterilized, using one of the approved methods listed in OAR 817-010-0065(5)(b) or (c)

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817-010-0075

Storage of Tools and Implements

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(1) New and/or disinfected and cleaned tools and implements shall be stored separately from all others.

(2) Roller-storage receptacles and contents shall be clean and free of foreign material.

(3) Storage drawers for clean tools and implements shall be clean, free of hair and used only for clean tools and implements.

(4) Storage cabinets, work stations and vanities shall be kept clean.

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817-010-0085

Hairpieces

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During the trying on of a manufactured hairpiece, that portion of the head which comes in contact with the hairpiece shall be completely covered with a disposable cover. All used hair goods must be cleaned according to manufacturer's instructions before resale and marked as "used.

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817-010-0095

Pets in Facilities

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Pets or other animals shall not be permitted in a facility at any time. This prohibition does not apply to trained guide dogs for the disabled, sightless, or hearing impaired or to fish in aquariums

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817-010-0101

Equipment

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(1) The surface of all equipment, including but not limited to backbars shall be of cleanable non-absorbent material. This requirement does not apply to the reception area of a facility where services are not performed.

(2) Shampoo bowls and sinks shall be clean and free of hair and residue.

(3) All equipment shall be clean and in good repair.

(4) A high-level disinfectant or bleach solution, used according to the manufacturer's instructions, shall be used to disinfect surfaces contaminated by blood or bodily fluids.

(5) All areas of foot spa equipment shall be cleaned and disinfected with a high-level disinfectant after use on each client, including removal of safety drain screens and clearing all debris from the filtration system.

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817-010-0106

Floor Surface

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(1) Floor surfaces in the working area of a facility shall be of a cleanable, non-absorbent material and shall be kept clean, orderly, and in good repair.

(2) Wooden floors which have a durable water-proof non-absorbent finish may be acceptable in working areas of the facility.

(3) Hair clippings shall not be allowed to accumulate and shall be disposed of in a covered container

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817-010-0110

Walls and Ceilings

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Walls and ceilings shall be clean and free of excessive spots, mildew, condensation, or peeling paint

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817-010-0300

Variances

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Upon application, the Board of Cosmetology may grant a variance from requirements of its safety and infection control rules as follows:

(1) Where it is demonstrated to the satisfaction of the Board that strict compliance with the rules would be highly burdensome or impractical due to special conditions or cause;

(2) Where the Board finds that the public or private interest in the granting of a variance clearly outweighs the interest of the application of uniform rules; and

(3) Where, in the opinion of the Board, such alternative measures will provide adequate public health and safety protection.