The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of Body Piercing Standards and Prohibited Services 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 OAR 331-020-0060 apply.

1. (1) Violation of an Earlobe Piercing Standard by is a violation of OAR 331-900-0095:

   1. (a) 1st offense: $500;
   2. (b) 2nd offense: $1,000;
   3. (c) 3rd offense: $2,500.

2. (2) Providing a piercing service that is prohibited is a violation of OAR 331-900-0100 or OAR 331-905-0090 for specialty body piercing:

   1. (a) 1st offense: $1,000;
   2. (b) 2nd offense: $2,500;
   3. (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.

3. (3) Performing, attempting to perform, or purporting to perform a piercing service that is prohibited under OAR 331-900-0100 for standard body piercing or OAR 331-905-0090 for specialty body piercing: or a piercing service listed as a specialty level one or specialty level two genital piercing without a specialty level one body piercing license or specialty level two genital piercing license which is a violation of ORS 690.360(1)(a) or (c):

   1. (a) 1st offense: $2,500;
   2. (b) 2nd offense: $5,000;
   3. (c) 3rd offense: Monetary penalty or any other actions allowed by law including refusal to issue a new authorization to practice.

4. (4) Violation of an initial jewelry piercing standard is a violation of OAR 331-900-0105 for standard body piercing or OAR 331-905-0120 for specialty body piercing:

   1. (a) 1st offense: $500;
   2. (b) 2nd offense: $1,000;
   3. (c) 3rd offense: $2,500.

Statutory/Other Authority

676.615 & 676.560

Statutes/Other Implemented

676.560

History

HLO 64-2018, minor correction filed 02/07/2018, effective 02/07/2018
HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018
HLA 10-2012, f. & cert. ef. 6-25-12
HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12