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Board of Body Art Practitioners
House Bill 2013
BP
During the 2011 Legislative Session the House Health Care Committee introduced House Bill 2013, which creates a Board of Body Art Practitioners (Board) within the Oregon Health Licensing Agency (Agency), beginning January 1, 2012. 
 
House Bill 2013 essentntially abolishes the Advisory Council for Electrologists, Permanent Color Technicians and Tattoo Artists and transfers duties of the council to the Oregon Health Licensing Agency. This bill creates a seven-member board including one licensed electrologist, two licensed tattoo artists, two members licensed to perform body piercing, dermal implanting or scarification, one licensed physician and one public member.  
 
Currently the Oregon Health Licensing Agency is working with the Governor's Office, Executive Appointments to recruit diverse and qualified individuals to serve on the new board.   See below for board member appointment process.
 
House Bill 2013
 
Fact Sheet
 

Body Art Emphasis Program
To address industry concerns and elicit feedback and interaction, OHLA launched a Body Art Emphasis Program aimed at getting information into the hands of stakeholders.
 
OHLA inspectors are visiting all state licensed body piercing facilities in the last three months of 2011 to provide information on the new body art board and to explain new education requirements.  
 
Inspectors are also surveying practitioners regarding body art procedures to assist OHLA and the new board in making informed decisons regarding the practice of body art.

Administrative Rules
Board of Body Art Sub-Committee
Since the new board will not be operational until 2012, OHLA established the Body Art Practitioners Sub-Committee to ensure a good balance of experts are available for consultation regarding body art during the administrative rulemaking process.  
 
Topics: basic and advanced procedures, educational requirements including hours, theory and practice, specialty certification, Oregon Medical Board consultation, temporary licensure, supervision requirements and agency standardized protocols.
 
The sub-committee has met several times to discuss and make recommendations. Below is a list of meeting dates and technical experts who have served on each sub-committee. Reports and meeting materials will be posted to the meetings Web page upon completion.
 

Date of Meeting
Council Member
Invited Technical Experts
August 19, 2011
Molly Ballew, electrologist
Tiffany Straub, dermal implants
 Christee Dawson, dermal implants
 Stephanie Nelson, dermal implants
 Christina Shull, dermal implants & branding
September 9, 2011
Molly Ballew, electrologist
Stephanie Nelson, dermal implants
Christina Shull, dermal implants & branding
September 30, 2011
Molly Ballew, electrologist
Stephanie Nelson, dermal implants
Christina Shull, dermal implants & branding
Seth Dietz, body piercing
October 3, 2011
Molly Ballew, electrologist
Stephanie Nelson, dermal implants
Christina Shull, dermal implants & branding
 Seth Dietz, body piercing
 
Discussion at the sub-committee meetings has primarily focused on the following:
  • Body Piercing Education – through a licensed career school;
  • Body Piercing Temporary Licensure –1000 hours of theory and practical training under an OHLA-approved supervisor - (Valid up to two years);
  • Earlobe Temporary Licensure – (Valid up to two years);
  • Renewal of Body Piercing Practitioner Licenses issued prior to January 1, 2012 – Must take written and practical examinations administered by the agency to qualify for renewal.

Proposed Administrative Rules Process
Proposed Administrative Rule Text
 
The administrative rule process is designed to give interested parties the opportunity to make comments regarding the proposed administrative rules.  Proposed administrative rules are not set in stone, and therefore not final or permanent until all public comment has been considered.
 
The Oregon Health Licensing Agency began the administative rulemaking process in July 2011, for the Board of Body Art Practitioners.  Notice of Proposed Administrative Rules Hearing was  filed with the Secretary of States Office and posted in the November 2011 Oregon Bulletin
 
The public comment began on November 1, 2011 and ends December 1, 2011.  OHLA will  hold a Public Hearing on December 1, 2011 at 9 am at the ODVA Auditorium, 700 Summer St NE, Salem OR 97301.  The hearing allows interested parties an opportunity to present oral testimony to a hearings officer. 
 
Please send all written comments to the following:
Samie Patnode, Policy Analyst
700 Summer St NE, Suite 320
Salem, OR 97301-1287 
samie.patnode@state.or.us
Work: (503) 373-1917
Fax: (503) 585-9114
 
The agency is scheduled to adopt permanent administrative rules making them effective on January 1, 2012.   Rules Schedule 
 

Date
Action
Time
August 19, 2011
Body Art Practitioner Sub-Committee
9 am
September 9, 2011
Body Art Practitioner Sub-Committee
9 am
September 23, 2011
Regular Council Meeting
10 am
September 30, 2011
Body Art Practitioner Sub-Committee
9 am
October 3, 2011
Body Art Practitioner Sub-Committee
9 am
October  10, 2011
Council Meeting CC– recommend approval of proposed rules 
noon
October 21, 2011
Body Art Practitioner Sub-Committee
9 am
November 1, 2011
Publish proposed rules in the Oregon Bulletin
 
November 28, 2011
Last day for public comment
 
December 1, 2011
Public administrative rule hearing
9 am
December 6, 2011
Body Art Practitioner Sub-Committee – consider comment
9 am
December 7, 2011
Oregon Medical Board, Administrative Affairs Committee
5 pm
December 16, 2011
Council Meeting – recommend permanent rule adoption
9 am
January 1, 2012
Permanent administrative rules
9 am
 

Oregon Medical Board Consultation
In HB 2013 the legislature specifically designated “genital piercings” and “dermal implants” as practices which require consideration and recommendations from the Oregon Medical Board (OMB) before OHLA adopts rules regulating those practices.  It also allows the agency to consult on other practices prior to rulemaking.
 
Currently OHLA is consulting with the Oregon Medical Board regarding, dermal implants, scarification, genital piercings, single point piercings (anchor or microdermals), cheek piercings, corset piercings, nape piercings and uvula piercings.
 
The agency has requested a response from the OMB on the body art issues and questions relating to dermal implants, scarification, genital piercings, single point piercings (anchor or microdermals), cheek piercings, corset piercings, nape piercings and uvula piercings by June 1, 2012. OHLA will consider the recommendations made from OMB and proceed with appropriate action.  
 
Request for Recommendations to Oregon Medical Board
 
Important: Licensure to perform these practices and procedures will not be available until consultation with the OMB is complete.  Individuals performing these services as of January 1, 2012, may be cited.

Board Membership
The new board will be comprised of seven members including:
  • One licensed electrologist;
  • Two licensed tattoo artists;
  • Two members licensed to perform body piercing, dermal implanting or scarification;
  • One licensed physician; and
  • One public member.
 
If you are interested in serving on the board please contact the Governor’s Office at (503) 378-3123 or at www.oregon.gov/gov/pages/boards.aspx

Notification of Information
To receive information related to public meetings  (e.g. board, counil and committee meetings), administrative rule changes or other relevant policy information please provide your current name, addresss, e-mail and phone number.  Requests can be made to: 
 
Amanda Perkins
700 Summer St NE, Suite 320
Salem, OR 97301
Phone: (503)373-1915 or
amanda.r.perkins@state.or.us