REPRESENTATIVES Hollister, Schmidt, Fedor, White, Schuring, Carmichael

To amend sections 2925.01, 4709.03, 4709.07, 4709.09,

1

4713.01, 4713.02, 4713.03, 4713.04, 4713.05,

2

4713.06, 4713.08, 4713.09, 4713.10, 4713.11,

3

4713.111, 4713.12, 4713.14, 4713.15, 4713.16,

4

4713.17, 4713.18, 4713.19, 4713.20, 4713.25,

5

4713.26, 4713.27, 4713.99, and 4717.14; to amend,

6

for the purpose of adopting new section numbers as

7

indicated in parentheses, sections 4713.04

8

(4713.28), 4713.05 (4713.20), 4713.06 (4713.24),

9

4713.08 (4713.55), 4713.09 (4713.34), 4713.11

10

(4713.60), 4713.111 (4713.59), 4713.12 (4713.17),

11

4713.14 (4713.41), 4713.15 (4713.44), 4713.16

12

(4713.56), 4713.17 (4713.64), 4713.18 (4713.04),

13

4713.19 (4713.05), 4713.20 (4713.14), 4713.22

14

(4713.11), 4713.25 (4713.48), 4713.26 (4713.13),

15

and 4713.27 (4713.65); to enact new sections

16

4713.06, 4713.07, 4713.08, 4713.09, 4713.15,

17

4713.16, 4713.21, 4713.22, 4713.25, and 4713.26 and

18

sections 4713.081, 4713.082, 4713.141, 4713.29,

19

4713.30, 4713.31, 4713.32, 4713.35, 4713.36,

20

4713.37, 4713.39, 4713.42, 4713.45, 4713.46,

21

4713.49, 4713.57, 4713.58, 4713.61, 4713.62, and

22

4713.63; and to repeal sections 4713.07, 4713.13,

23

4713.131, 4713.132, and 4713.21 of the Revised Code

24

to revise the law governing the State Board of

25

Cosmetology and the professions and facilities that

26

the Board regulates.

27

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2925.01, 4709.03, 4709.07, 4709.09,	28
4713.01, 4713.02, 4713.03, 4713.04, 4713.05, 4713.06, 4713.08,	29
4713.09, 4713.10, 4713.11, 4713.111, 4713.12, 4713.14, 4713.15,	30
4713.16, 4713.17, 4713.18, 4713.19, 4713.20, 4713.25, 4713.26,	31
4713.27, 4713.99, and 4717.14 be amended; sections 4713.04	32
(4713.28), 4713.05 (4713.20), 4713.06 (4713.24), 4713.08	33
(4713.55), 4713.09 (4713.34), 4713.11 (4713.60), 4713.111	34
(4713.59), 4713.12 (4713.17), 4713.14 (4713.41), 4713.15	35
(4713.44), 4713.16 (4713.56), 4713.17 (4713.64), 4713.18	36
(4713.04), 4713.19 (4713.05), 4713.20 (4713.14), 4713.22	37
(4713.11), 4713.25 (4713.48), 4713.26 (4713.13), and 4713.27	38
(4713.65) be amended for the purpose of adopting new section	39
numbers as indicated in parentheses; and new sections 4713.06,	40
4713.07, 4713.08, 4713.09, 4713.15, 4713.16, 4713.21, 4713.22,	41
4713.25, and 4713.26 and sections 4713.081, 4713.082, 4713.141,	42
4713.29, 4713.30, 4713.31, 4713.32, 4713.35, 4713.36, 4713.37,	43
4713.39, 4713.42, 4713.45, 4713.46, 4713.49, 4713.57, 4713.58,	44
4713.61, 4713.62, and 4713.63 of the Revised Code be enacted to	45
read as follows:	46

Sec. 2925.01.  As used in this chapter:

47

(A) "Administer," "controlled substance," "dispense,"	48
"distribute," "hypodermic," "manufacturer," "official written	49
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	50
"schedule II," "schedule III," "schedule IV," "schedule V," and	51
"wholesaler" have the same meanings as in section 3719.01 of the	52
Revised Code.	53

(B) "Drug dependent person" and "drug of abuse" have the same	54
meanings as in section 3719.011 of the Revised Code.	55

(C) "Drug," "dangerous drug," "licensed health professional	56
authorized to prescribe drugs," and "prescription" have the same	57
meanings as in section 4729.01 of the Revised Code.	58

(D) "Bulk amount" of a controlled substance means any of the	59
following:	60

(1) For any compound, mixture, preparation, or substance	61
included in schedule I, schedule II, or schedule III, with the	62
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	63
except as provided in division (D)(2) or (5) of this section,	64
whichever of the following is applicable:	65

(a) An amount equal to or exceeding ten grams or twenty-five	66
unit doses of a compound, mixture, preparation, or substance that	67
is or contains any amount of a schedule I opiate or opium	68
derivative;	69

(b) An amount equal to or exceeding ten grams of a compound,	70
mixture, preparation, or substance that is or contains any amount	71
of raw or gum opium;	72

(c) An amount equal to or exceeding thirty grams or ten unit	73
doses of a compound, mixture, preparation, or substance that is or	74
contains any amount of a schedule I hallucinogen other than	75
tetrahydrocannabinol or lysergic acid amide, or a schedule I	76
stimulant or depressant;	77

(d) An amount equal to or exceeding twenty grams or five	78
times the maximum daily dose in the usual dose range specified in	79
a standard pharmaceutical reference manual of a compound, mixture,	80
preparation, or substance that is or contains any amount of a	81
schedule II opiate or opium derivative;	82

(e) An amount equal to or exceeding five grams or ten unit	83
doses of a compound, mixture, preparation, or substance that is or	84
contains any amount of phencyclidine;	85

(f) An amount equal to or exceeding one hundred twenty grams	86
or thirty times the maximum daily dose in the usual dose range	87
specified in a standard pharmaceutical reference manual of a	88
compound, mixture, preparation, or substance that is or contains	89
any amount of a schedule II stimulant that is in a final dosage	90
form manufactured by a person authorized by the "Federal Food,	91
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	92
amended, and the federal drug abuse control laws, as defined in	93
section 3719.01 of the Revised Code, that is or contains any	94
amount of a schedule II depressant substance or a schedule II	95
hallucinogenic substance;	96

(g) An amount equal to or exceeding three grams of a	97
compound, mixture, preparation, or substance that is or contains	98
any amount of a schedule II stimulant, or any of its salts or	99
isomers, that is not in a final dosage form manufactured by a	100
person authorized by the Federal Food, Drug, and Cosmetic Act and	101
the federal drug abuse control laws.	102

(2) An amount equal to or exceeding one hundred twenty grams	103
or thirty times the maximum daily dose in the usual dose range	104
specified in a standard pharmaceutical reference manual of a	105
compound, mixture, preparation, or substance that is or contains	106
any amount of a schedule III or IV substance other than an	107
anabolic steroid or a schedule III opiate or opium derivative;	108

(3) An amount equal to or exceeding twenty grams or five	109
times the maximum daily dose in the usual dose range specified in	110
a standard pharmaceutical reference manual of a compound, mixture,	111
preparation, or substance that is or contains any amount of a	112
schedule III opiate or opium derivative;	113

(4) An amount equal to or exceeding two hundred fifty	114
milliliters or two hundred fifty grams of a compound, mixture,	115
preparation, or substance that is or contains any amount of a	116
schedule V substance;	117

(5) An amount equal to or exceeding two hundred solid dosage	118
units, sixteen grams, or sixteen milliliters of a compound,	119
mixture, preparation, or substance that is or contains any amount	120
of a schedule III anabolic steroid.	121

(E) "Unit dose" means an amount or unit of a compound,	122
mixture, or preparation containing a controlled substance that is	123
separately identifiable and in a form that indicates that it is	124
the amount or unit by which the controlled substance is separately	125
administered to or taken by an individual.	126

(F) "Cultivate" includes planting, watering, fertilizing, or	127
tilling.	128

(G) "Drug abuse offense" means any of the following:

129

(1) A violation of division (A) of section 2913.02 that	130
constitutes theft of drugs, or a violation of section 2925.02,	131
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	132
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	133
2925.37 of the Revised Code;	134

(2) A violation of an existing or former law of this or any	135
other state or of the United States that is substantially	136
equivalent to any section listed in division (G)(1) of this	137
section;	138

(3) An offense under an existing or former law of this or	139
any other state, or of the United States, of which planting,	140
cultivating, harvesting, processing, making, manufacturing,	141
producing, shipping, transporting, delivering, acquiring,	142
possessing, storing, distributing, dispensing, selling, inducing	143
another to use, administering to another, using, or otherwise	144
dealing with a controlled substance is an element;	145

(4) A conspiracy to commit, attempt to commit, or complicity	146
in committing or attempting to commit any offense under division	147
(G)(1), (2), or (3) of this section.	148

(H) "Felony drug abuse offense" means any drug abuse offense	149
that would constitute a felony under the laws of this state, any	150
other state, or the United States.	151

(I) "Harmful intoxicant" does not include beer or	152
intoxicating liquor but means any compound, mixture, preparation,	153
or substance the gas, fumes, or vapor of which when inhaled can	154
induce intoxication, excitement, giddiness, irrational behavior,	155
depression, stupefaction, paralysis, unconsciousness,	156
asphyxiation, or other harmful physiological effects, and	157
includes, but is not limited to, any of the following:	158

(1) Any volatile organic solvent, plastic cement, model	159
cement, fingernail polish remover, lacquer thinner, cleaning	160
fluid, gasoline, or other preparation containing a volatile	161
organic solvent;	162

(2) Any aerosol propellant;

163

(3) Any fluorocarbon refrigerant;

164

(4) Any anesthetic gas.

165

(J) "Manufacture" means to plant, cultivate, harvest,	166
process, make, prepare, or otherwise engage in any part of the	167
production of a drug, by propagation, extraction, chemical	168
synthesis, or compounding, or any combination of the same, and	169
includes packaging, repackaging, labeling, and other activities	170
incident to production.	171

(K) "Possess" or "possession" means having control over a	172
thing or substance, but may not be inferred solely from mere	173
access to the thing or substance through ownership or occupation	174
of the premises upon which the thing or substance is found.	175

(L) "Sample drug" means a drug or pharmaceutical preparation	176
that would be hazardous to health or safety if used without the	177
supervision of a licensed health professional authorized to	178
prescribe drugs, or a drug of abuse, and that, at one time, had	179
been placed in a container plainly marked as a sample by a	180
manufacturer.	181

(M) "Standard pharmaceutical reference manual" means the	182
current edition, with cumulative changes if any, of any of the	183
following reference works:	184

(1) "The National Formulary";

185

(2) "The United States Pharmacopeia," prepared by authority	186
of the United States Pharmacopeial Convention, Inc.;	187

(3) Other standard references that are approved by the state	188
board of pharmacy.	189

(N) "Juvenile" means a person under eighteen years of age.

190

(O) "Counterfeit controlled substance" means any of the	191
following:	192

(1) Any drug that bears, or whose container or label bears,	193
a trademark, trade name, or other identifying mark used without	194
authorization of the owner of rights to that trademark, trade	195
name, or identifying mark;	196

(2) Any unmarked or unlabeled substance that is represented	197
to be a controlled substance manufactured, processed, packed, or	198
distributed by a person other than the person that manufactured,	199
processed, packed, or distributed it;	200

(3) Any substance that is represented to be a controlled	201
substance but is not a controlled substance or is a different	202
controlled substance;	203

(4) Any substance other than a controlled substance that a	204
reasonable person would believe to be a controlled substance	205
because of its similarity in shape, size, and color, or its	206
markings, labeling, packaging, distribution, or the price for	207
which it is sold or offered for sale.	208

(P) An offense is "committed in the vicinity of a school" if	209
the offender commits the offense on school premises, in a school	210
building, or within one thousand feet of the boundaries of any	211
school premises.	212

(Q) "School" means any school operated by a board of	213
education or any school for which the state board of education	214
prescribes minimum standards under section 3301.07 of the Revised	215
Code, whether or not any instruction, extracurricular activities,	216
or training provided by the school is being conducted at the time	217
a criminal offense is committed.	218

(R) "School premises" means either of the following:

219

(1) The parcel of real property on which any school is	220
situated, whether or not any instruction, extracurricular	221
activities, or training provided by the school is being conducted	222
on the premises at the time a criminal offense is committed;	223

(2) Any other parcel of real property that is owned or	224
leased by a board of education of a school or the governing body	225
of a school for which the state board of education prescribes	226
minimum standards under section 3301.07 of the Revised Code and on	227
which some of the instruction, extracurricular activities, or	228
training of the school is conducted, whether or not any	229
instruction, extracurricular activities, or training provided by	230
the school is being conducted on the parcel of real property at	231
the time a criminal offense is committed.	232

(S) "School building" means any building in which any of the	233
instruction, extracurricular activities, or training provided by a	234
school is conducted, whether or not any instruction,	235
extracurricular activities, or training provided by the school is	236
being conducted in the school building at the time a criminal	237
offense is committed.	238

(T) "Disciplinary counsel" means the disciplinary counsel	239
appointed by the board of commissioners on grievances and	240
discipline of the supreme court under the Rules for the Government	241
of the Bar of Ohio.	242

(U) "Certified grievance committee" means a duly constituted	243
and organized committee of the Ohio state bar association or of	244
one or more local bar associations of the state of Ohio that	245
complies with the criteria set forth in Rule V, section 6 of the	246
Rules for the Government of the Bar of Ohio.	247

(V) "Professional license" means any license, permit,	248
certificate, registration, qualification, admission, temporary	249
license, temporary permit, temporary certificate, or temporary	250
registration that is described in divisions (W)(1) to (35) of this	251
section and that qualifies a person as a professionally licensed	252
person.	253

(W) "Professionally licensed person" means any of the	254
following:	255

(1) A person who has obtained a license as a manufacturer of	256
controlled substances or a wholesaler of controlled substances	257
under Chapter 3719. of the Revised Code;	258

(2) A person who has received a certificate or temporary	259
certificate as a certified public accountant or who has registered	260
as a public accountant under Chapter 4701. of the Revised Code and	261
who holds an Ohio permit issued under that chapter;	262

(3) A person who holds a certificate of qualification to	263
practice architecture issued or renewed and registered under	264
Chapter 4703. of the Revised Code;	265

(4) A person who is registered as a landscape architect	266
under Chapter 4703. of the Revised Code or who holds a permit as a	267
landscape architect issued under that chapter;	268

(5) A person licensed as an auctioneer or apprentice	269
auctioneer or licensed to operate an auction company under Chapter	270
4707. of the Revised Code;	271

(6) A person who has been issued a certificate of	272
registration as a registered barber under Chapter 4709. of the	273
Revised Code;	274

(7) A person licensed and regulated to engage in the	275
business of a debt pooling company by a legislative authority,	276
under authority of Chapter 4710. of the Revised Code;	277

(8) A person who has been issued a cosmetologist's license,	278
manicurist's license, esthetician's license, managing	279
cosmetologist's license, managing manicurist's license, managing	280
esthetician's license, cosmetology instructor's license,	281
manicurist instructor's license, esthetician instructor's license,	282
under section 4713.28, 4713.30, 4713.31, 4713.34, or 4713.39 of	283
the Revised Code or tanning facility permit under Chapter 4713.	284
section 4713.48 of the Revised Code;	285

(9) A person who has been issued a license to practice	286
dentistry, a general anesthesia permit, a conscious intravenous	287
sedation permit, a limited resident's license, a limited teaching	288
license, a dental hygienist's license, or a dental hygienist's	289
teacher's certificate under Chapter 4715. of the Revised Code;	290

(10) A person who has been issued an embalmer's license, a	291
funeral director's license, a funeral home license, or a crematory	292
license, or who has been registered for an embalmer's or funeral	293
director's apprenticeship under Chapter 4717. of the Revised Code;	294

(11) A person who has been licensed as a registered nurse or	295
practical nurse, or who has been issued a certificate for the	296
practice of nurse-midwifery under Chapter 4723. of the Revised	297
Code;	298

(12) A person who has been licensed to practice optometry or	299
to engage in optical dispensing under Chapter 4725. of the Revised	300
Code;	301

(13) A person licensed to act as a pawnbroker under Chapter	302
4727. of the Revised Code;	303

(14) A person licensed to act as a precious metals dealer	304
under Chapter 4728. of the Revised Code;	305

(15) A person licensed as a pharmacist, a pharmacy intern, a	306
wholesale distributor of dangerous drugs, or a terminal	307
distributor of dangerous drugs under Chapter 4729. of the Revised	308
Code;	309

(16) A person who is authorized to practice as a physician	310
assistant under Chapter 4730. of the Revised Code;	311

(17) A person who has been issued a certificate to practice	312
medicine and surgery, osteopathic medicine and surgery, a limited	313
branch of medicine, or podiatry under Chapter 4731. of the Revised	314
Code;	315

(18) A person licensed as a psychologist or school	316
psychologist under Chapter 4732. of the Revised Code;	317

(19) A person registered to practice the profession of	318
engineering or surveying under Chapter 4733. of the Revised Code;	319

(20) A person who has been issued a license to practice	320
chiropractic under Chapter 4734. of the Revised Code;	321

(21) A person licensed to act as a real estate broker or	322
real estate salesperson under Chapter 4735. of the Revised Code;	323

(22) A person registered as a registered sanitarian under	324
Chapter 4736. of the Revised Code;	325

(23) A person licensed to operate or maintain a junkyard	326
under Chapter 4737. of the Revised Code;	327

(24) A person who has been issued a motor vehicle salvage	328
dealer's license under Chapter 4738. of the Revised Code;	329

(25) A person who has been licensed to act as a steam	330
engineer under Chapter 4739. of the Revised Code;	331

(26) A person who has been issued a license or temporary	332
permit to practice veterinary medicine or any of its branches, or	333
who is registered as a graduate animal technician under Chapter	334
4741. of the Revised Code;	335

(27) A person who has been issued a hearing aid dealer's or	336
fitter's license or trainee permit under Chapter 4747. of the	337
Revised Code;	338

(28) A person who has been issued a class A, class B, or	339
class C license or who has been registered as an investigator or	340
security guard employee under Chapter 4749. of the Revised Code;	341

(29) A person licensed and registered to practice as a	342
nursing home administrator under Chapter 4751. of the Revised	343
Code;	344

(30) A person licensed to practice as a speech-language	345
pathologist or audiologist under Chapter 4753. of the Revised	346
Code;	347

(31) A person issued a license as an occupational therapist	348
or physical therapist under Chapter 4755. of the Revised Code;	349

(32) A person who is licensed as a professional clinical	350
counselor or professional counselor, licensed as a social worker	351
or independent social worker, or registered as a social work	352
assistant under Chapter 4757. of the Revised Code;	353

(33) A person issued a license to practice dietetics under	354
Chapter 4759. of the Revised Code;	355

(34) A person who has been issued a license or limited	356
permit to practice respiratory therapy under Chapter 4761. of the	357
Revised Code;	358

(35) A person who has been issued a real estate appraiser	359
certificate under Chapter 4763. of the Revised Code.	360

(X) "Cocaine" means any of the following:

361

(1) A cocaine salt, isomer, or derivative, a salt of a	362
cocaine isomer or derivative, or the base form of cocaine;	363

(2) Coca leaves or a salt, compound, derivative, or	364
preparation of coca leaves, including ecgonine, a salt, isomer, or	365
derivative of ecgonine, or a salt of an isomer or derivative of	366
ecgonine;	367

(3) A salt, compound, derivative, or preparation of a	368
substance identified in division (X)(1) or (2) of this section	369
that is chemically equivalent to or identical with any of those	370
substances, except that the substances shall not include	371
decocainized coca leaves or extraction of coca leaves if the	372
extractions do not contain cocaine or ecgonine.	373

(Y) "L.S.D." means lysergic acid diethylamide.

374

(Z) "Hashish" means the resin or a preparation of the resin	375
contained in marihuana, whether in solid form or in a liquid	376
concentrate, liquid extract, or liquid distillate form.	377

(AA) "Marihuana" has the same meaning as in section 3719.01	378
of the Revised Code, except that it does not include hashish.	379

(BB) An offense is "committed in the vicinity of a juvenile"	380
if the offender commits the offense within one hundred feet of a	381
juvenile or within the view of a juvenile, regardless of whether	382
the offender knows the age of the juvenile, whether the offender	383
knows the offense is being committed within one hundred feet of or	384
within view of the juvenile, or whether the juvenile actually	385
views the commission of the offense.	386

(CC) "Presumption for a prison term" or "presumption that a	387
prison term shall be imposed" means a presumption, as described in	388
division (D) of section 2929.13 of the Revised Code, that a prison	389
term is a necessary sanction for a felony in order to comply with	390
the purposes and principles of sentencing under section 2929.11 of	391
the Revised Code.	392

(DD) "Major drug offender" has the same meaning as in section	393
2929.01 of the Revised Code.	394

(EE) "Minor drug possession offense" means either of the	395
following:	396

(1) A violation of section 2925.11 of the Revised Code as it	397
existed prior to July 1, 1996;	398

(2) A violation of section 2925.11 of the Revised Code as it	399
exists on and after July 1, 1996, that is a misdemeanor or a	400
felony of the fifth degree.	401

(FF) "Mandatory prison term" has the same meaning as in	402
section 2929.01 of the Revised Code.	403

(GG) "Crack cocaine" means a compound, mixture, preparation,	404
or substance that is or contains any amount of cocaine that is	405
analytically identified as the base form of cocaine or that is in	406
a form that resembles rocks or pebbles generally intended for	407
individual use.	408

(HH) "Adulterate" means to cause a drug to be adulterated as	409
described in section 3715.63 of the Revised Code.	410

(II) "Public premises" means any hotel, restaurant, tavern,	411
store, arena, hall, or other place of public accommodation,	412
business, amusement, or resort.	413

Sec. 4709.03.  The following persons are exempt from this	414
chapter while in the proper discharge of their professional	415
duties:	416

(A) Persons licensed by this state to practice medicine and	417
surgery;	418

(B) Commissioned medical or surgical officers of the United	419
States army, navy, or marine hospital service;	420

(C) Nurses registered under Chapter 4723. of the Revised	421
Code;	422

(D) Cosmetologists and hair designers licensed under Chapter	423
4713. of the Revised Code, insofar as their usual and ordinary	424
vocation and profession is concerned as described in section	425
4713.01 of the Revised Code;	426

(E) Funeral directors, embalmers, and apprentices licensed	427
or registered under Chapter 4717. of the Revised Code.	428

Sec. 4709.07.  (A) Each person who desires to obtain an	429
initial license to practice barbering shall apply to the barber	430
board, on forms provided by the board. The application form shall	431
include the name of the person applying for the license and	432
evidence that the applicant meets all of the requirements of	433
division (B) of this section. The application shall be	434
accompanied by two signed current photographs of the applicant, in	435
the size determined by the board, that show only the head and	436
shoulders of the applicant, and the examination application fee.	437

(B) In order to take the required barber examination and to	438
qualify for licensure as a barber, an applicant must demonstrate	439
that hethe applicant meets all of the following:	440

(1) Is of good moral character;

441

(2) Is at least eighteen years of age;

442

(3) Has an eighth grade education or an equivalent education	443
as determined by the state board of education in the state where	444
the applicant resides;	445

(4) Has graduated with at least eighteen hundred hours of	446
training from a board-approved barber school or has graduated with	447
at least one thousand hours of training from a board-approved	448
barber school in this state and has a current cosmetology or hair	449
designer license issued pursuant to Chapter 4713. of the Revised	450
Code. No hours of instruction earned by an applicant five or more	451
years prior to the examination apply to the hours of study	452
required by this division.	453

(C) Any applicant who meets all of the requirements of	454
divisions (A) and (B) of this section may take the barber	455
examination at the time and place specified by the board. If the	456
applicant fails to attain at least a seventy-five per cent pass	457
rate on each part of the examination, the applicant is ineligible	458
for licensure; however, the applicant may reapply for examination	459
within ninety days after the date of the release of the	460
examination scores by paying the required reexamination fee. An	461
applicant is only required to take that part or parts of the	462
examination on which hethe applicant did not receive a score of	463
seventy-five per cent or higher. If the applicant fails to	464
reapply for examination within ninety days or fails the second	465
examination, in order to reapply for examination for licensure he	466
the applicant shall complete an additional course of study of not	467
less than two hundred hours, in a board-approved barber school.	468
The board shall provide to an applicant, upon request, a report	469
which explains the reasons for the applicant's failure to pass the	470
examination.	471

(D) The board shall issue a license to practice barbering to	472
any applicant who, to the satisfaction of the board, meets the	473
requirements of divisions (A) and (B) of this section, who passes	474
the required examination, and pays the initial licensure fee.	475
Every licensed barber shall display histhe certificate of	476
licensure in a conspicuous place adjacent to or near histhe	477
licensed barber's work chair, along with a signed current	478
photograph, in the size determined by the board, showing head and	479
shoulders only.	480

Sec. 4709.09.  (A) Each person who desires to obtain a	481
barber shop license shall apply to the barber board, on forms	482
provided by the board. The board shall issue a barber shop	483
license to a person if the board determines that the person meets	484
all of the requirements of division (B) of this section and pays	485
the required license and inspection fees.	486

(B) In order for a person to qualify for a license to	487
operate a barber shop, the barber shop shall meet all of the	488
following requirements:	489

(1) Be in the charge and under the immediate supervision of	490
a licensed barber;	491

(2) Be equipped to provide running hot and cold water and	492
proper drainage;	493

(3) Sanitize and maintain in a sanitary condition, all	494
instruments and supplies;	495

(4) Keep towels and linens clean and sanitary and in a dry,	496
dust-proof container;	497

(5) Display the shop license and a copy of the board's	498
sanitary rules in a conspicuous place in the working area.	499

(C) Any licensed barber who leases space in a licensed	500
barber shop and engages in the practice of barbering independent	501
and free from supervision of the owner or manager of the barber	502
shop is considered to be engaged in the operation of a separate	503
and distinct barber shop and shall obtain a license to operate a	504
barber shop pursuant to this section.	505

(D) A shop license is not transferable from one owner to	506
another and if an owner or operator of a barber shop permanently	507
ceases offering barber services at the shop, the owner or operator	508
shall return the barber shop license to the board within ten days	509
of the cessation of services.	510

(E)(1) Manicurists licensed under Chapter 4713. of the	511
Revised Code may practice manicuring in a barber shop.	512

(2) Tanning facilities licensed pursuant toissued a permit	513
under section 4713.254713.48 of the Revised Code may be operated	514
in a barber shop.	515

(F) Clothing and related accessories may be sold at retail	516
in a barber shop so long as these sales maintain the integrity of	517
the facility as a barber shop.	518

Sec. 4713.01.  As used in sections 4713.01 to 4713.21 of the	519
Revised Codethis chapter:	520

(A) The practice of cosmetology includes work done for pay,	521
free, or otherwise, by any person, which work is usually performed	522
by hairdressers, cosmetologists, cosmeticians, natural hair	523
stylists, or beauty culturists, however denominated, in beauty	524
salons; which work is for the embellishment, cleanliness, and	525
beautification of"Apprentice instructor" means a person holding a	526
practicing license issued by the state board of cosmetology who is	527
engaged in learning or acquiring knowledge of the occupation of an	528
instructor of a branch of cosmetology at a school of cosmetology.	529

"Beauty salon" means any premises, building, or part of a	530
building in which a person is authorized to engage in all branches	531
of cosmetology. "Beauty salon" does not include a barber shop	532
licensed under Chapter 4709. of the Revised Code in which a person	533
engages in the practice of manicuring.	534

"Biennial licensing period" means the two-year period	535
beginning on the first day of February of an odd-numbered year and	536
ending on the last day of January of the next odd-numbered year.	537

"Braiding" means intertwining the hair in a systematic motion	538
to create patterns in a three-dimensional form, inverting the hair	539
against the scalp along part of a straight or curved row of	540
intertwined hair, or twisting the hair in a systematic motion, and	541
includes extending the hair with natural or synthetic hair fibers.	542

"Branch of cosmetology" means the practice of cosmetology,	543
practice of esthetics, practice of hair design, practice of	544
manicuring, practice of natural hair styling, or other practice	545
identified in rules adopted under section 4713.09 of the Revised	546
Code.	547

"Cosmetic therapy" has the same meaning as in section 4731.15	548
of the Revised Code.	549

"Cosmetologist" means a person authorized to engage in all	550
branches of cosmetology.	551

"Cosmetology instructor" means a person authorized to teach	552
the theory and practice of all branches of cosmetology at a school	553
of cosmetology.	554

"Esthetician" means a person who engages in the practice of	555
esthetics but no other branch of cosmetology.	556

"Esthetics instructor" means a person who teaches the theory	557
and practice of esthetics, but no other branch of cosmetology, at	558
a school of cosmetology.	559

"Esthetics salon" means any premises, building, or part of a	560
building in which a person engages in the practice of esthetics	561
but no other branch of cosmetology.	562

"Hair designer" means a person who engages in the practice	563
of hair design but no other branch of cosmetology.	564

"Hair design instructor" means a person who teaches the	565
theory and practice of hair design, but no other branch of	566
cosmetology, at a school of cosmetology.	567

"Hair design salon" means any premises, building, or part of	568
a building in which a person engages in the practice of hair	569
design but no other branch of cosmetology.	570

"Independent contractor license" means a license to practice	571
a branch of cosmetology at a salon in which the license holder	572
rents booth space.	573

"Instructor license" means a license to teach the theory and	574
practice of a branch of cosmetology at a school of cosmetology.	575

"Managing cosmetologist" means a person authorized to manage	576
a beauty salon and engage in all branches of cosmetology.	577

"Managing esthetician" means a person authorized to manage	578
an esthetics salon, but no other type of salon, and engage in the	579
practice of esthetics, but no other branch of cosmetology.	580

"Managing hair designer" means a person authorized to manage	581
a hair design salon, but no other type of salon, and engage in the	582
practice of hair design, but no other branch of cosmetology.	583

"Managing license" means a license to manage a salon and	584
practice the branch of cosmetology practiced at the salon.	585

"Managing manicurist" means a person authorized to manage a	586
nail salon, but no other type of salon, and engage in the practice	587
of manicuring, but no other branch of cosmetology.	588

"Managing natural hair stylist" means a person authorized to	589
manage a natural hair style salon, but no other type of salon, and	590
engage in the practice of natural hair styling, but no other	591
branch of cosmetology.	592

"Manicurist" means a person who engages in the practice of	593
manicuring but no other branch of cosmetology.	594

"Manicurist instructor" means a person who teaches the	595
theory and practice of manicuring, but no other branch of	596
cosmetology, at a school of cosmetology.	597

"Nail salon" means any premises, building, or part of a	598
building in which a person engages in the practice of manicuring	599
but no other branch of cosmetology. "Nail salon" does not include	600
a barber shop licensed under Chapter 4709. of the Revised Code in	601
which a person engages in the practice of manicuring.	602

"Natural hair stylist" means a person who engages in the	603
practice of natural hair styling but no other branch of	604
cosmetology.	605

"Natural hair style instructor" means a person who teaches	606
the theory and practice of natural hair styling, but no other	607
branch of cosmetology, at a school of cosmetology.	608

"Natural hair style salon" means any premises, building, or	609
part of a building in which a person engages in the practice of	610
natural hair styling but no other branch of cosmetology.	611

"Practice of cosmetology" means the practice of all branches	612
of cosmetology.	613

"Practice of esthetics" means the application of cosmetics,	614
tonics, antiseptics, creams, lotions, or other preparations for	615
the purpose of skin beautification and includes preparation of the	616
skin by manual massage techniques or by use of electrical,	617
mechanical, or other apparatus.	618

"Practice of hair design" means embellishing or beautifying	619
hair, wigs, and postiches, such asor hairpieces by arranging,	620
dressing, pressing, curling, waving, permanent waving, cleansing,	621
cutting, singeing, bleaching, coloring, braiding, weaving, or	622
similar work, and the massaging, cleansing, stimulating,	623
manipulating, exercising, or similar work by the use of manual	624
massage techniques or mechanical or electrically operated	625
apparatus or appliances, or cosmetics, preparations, tonics,	626
antiseptics, creams, or lotions, and of manicuring the nails or	627
application of artificial nails, which enumerated practices shall	628
be inclusive of the practice of cosmetology, but not in limitation	629
thereof. Sections 4713.01 to 4713.21 of the Revised Code do not	630
permit any of the services or arts described in this division to	631
be used for the treatment or cure of any physical or mental	632
diseases or ailments. "Practice of hair design" includes utilizing	633
techniques performed by hand that result in tension on hair roots	634
such as twisting, wrapping, weaving, extending, locking, or	635
braiding of the hair.	636

The retail sale or the trial demonstration by application to	637
the skin for purposes of retail sale of cosmetics, preparations,	638
tonics, antiseptics, creams, lotions, wigs, and postiches shall	639
not be considered the practice of cosmetology.	640

(B) Cosmetologist, cosmetician, beauty culturist, or	641
hairdresser, means any person who, for pay, free, or otherwise,	642
engages in the practice of cosmetology.	643

(C) Manicurist means any person who, for pay, free, or	644
otherwise, engages only in the occupation of manicuring the nails	645
of any person or the application of artificial or sculptured	646
nails, or both.	647

(D) The practice of esthetics includes work done for pay,	648
free, or otherwise, by any person, which work is the application	649
of cosmetics, tonics, antiseptics, creams, lotions, or other	650
preparations for the purpose of skin beautification and includes	651
preparation of the skin by manual massage techniques or by use of	652
electrical, mechanical, or other apparatus.	653

(E) Esthetician means any person who, for pay, free, or	654
otherwise, engages only in the practice of esthetics.	655

(F) Beauty salon means any premises, building, or part of a	656
building, in which any branch of cosmetology, except the	657
occupation of a manicurist when carried on in a barber shop	658
licensed under Chapter 4709. of the Revised Code, or the	659
occupation of a cosmetologist is practiced.	660

(G) Student means any person who is engaged in learning or	661
acquiring knowledge of the occupation of a cosmetologist,	662
manicurist, or esthetician in a school of cosmetology.	663

(H) School of cosmetology means any premises, building, or	664
part of a building in which students are instructed in the	665
theories and practices of cosmetology, manicuring, and esthetics.	666

(I) Managing cosmetologist means any person who has met the	667
requirements of division (E) of section 4713.04 of the Revised	668
Code, and has applied for and received a managing cosmetologist	669
license.	670

(J) Cosmetology instructor means any person who has met the	671
requirements of division (F) of section 4713.04 of the Revised	672
Code, and has applied for and received an instructor's license.	673

(K) Apprentice instructor means any licensee of the state	674
board of cosmetology who is engaged in learning or acquiring	675
knowledge of the occupation of an instructor, in any branch of	676
cosmetology in a duly licensed school of cosmetology.	677

(L) Cosmetic therapy and cosmetic therapist have the same	678
meanings as in section 4731.15 of the Revised Code.	679

(M) Nail salon means any premises, building, or part of a	680
building in which manicurists engage only in the occupation of	681
manicuring the nails of any person or the application of	682
artificial or sculptured nails, or both. For administrative	683
purposes, a nail salon is deemed the equivalent of a beauty salon	684
and is subject to appropriate rules with respect to sanitation and	685
sterilization. A licensed manicurist may practice the occupation	686
of manicuring nails in a nail salon, in a beauty salon, or in a	687
barber shop.	688

(N) Esthetics salon means any premises, building, or part of	689
a building in which esthetics is performed by a person licensed as	690
a cosmetologist or esthetician. For administrative purposes, an	691
esthetics salon is deemed the equivalent of a beauty salon and is	692
subject to the appropriate rules with respect to sanitation and	693
sterilization.	694

(O) Managing manicurist means any person who has met the	695
requirements of division (H) of section 4713.04 of the Revised	696
Code, and has applied for and received a managing manicurist	697
license.	698

(P) Manicurist instructor means any person who meets the	699
requirements of division (L) of section 4713.04 of the Revised	700
Code and who has applied for and received a manicurist instructor	701
license.	702

(Q) Managing esthetician means any person who has met the	703
requirements of division (J) of section 4713.04 of the Revised	704
Code, and has applied for and received a managing esthetician's	705
license.	706

(R) Esthetics instructor means any person who meets the	707
requirements of division (K) of section 4713.04 of the Revised	708
Code and who has applied for and received an esthetics instructor	709
license.	710

(S) Glamour photography means the combination of a	711
photographic service or product with the delivery of a cosmetology	712
service advertised or sold to the public.	713

(T) The practice"Practice of manicuring" means manicuring	714
the nails of any person, applying artificial or sculptured nails	715
to any person, or both.	716

"Practice of natural hair styling" means work done for a	717
fee or other form of compensation, by any person, utilizing	718
techniques performed by hand that result in tension on hair roots	719
such as twisting, wrapping, weaving, extending, locking, or	720
braiding of the hair, and which work. "Practice of natural hair	721
styling" does not include the application of dyes, reactive	722
chemicals, or other preparations to alter the color or to	723
straighten, curl, or alter the structure of the hair. "Practice of	724
natural hair styling" also does not include embellishing or	725
beautifying hair by cutting or singeing, except as needed to	726
finish off the end of a braid, or by dressing, pressing, curling,	727
waving, permanent waving, or similar work.	728

(U)Braiding means intertwining the hair in a systematic	729
motion to create patterns in a three-dimensional form, inverting	730
the hair against the scalp along part of a straight or curved row	731
of intertwined hair, or twisting the hair in a systematic motion,	732
and includes extending the hair with natural or synthetic hair	733
fibers"Practicing license" means a license to practice a branch	734
of cosemtology.	735

"Salon" means a beauty salon, esthetics salon, hair design	736
salon, nail salon, or natural hair style salon or the premises,	737
building, or part of a building in which a person engages in the	738
practice of a branch of cosmetology identified in rules adopted	739
under section 4713.09 of the Revised Code but no other branch of	740
cosmetology.	741

"School of cosmetology" means any premises, building, or	742
part of a building in which students are instructed in the	743
theories and practices of one or more branches of cosmetology.	744

"Student" means a person, other than an apprentice	745
instructor, who is engaged in learning or acquiring knowledge of	746
the practice of a branch of cosmetology at a school of	747
cosmetology.	748

"Tanning facility" means a room or booth that houses	749
equipment or beds used for tanning human skin by the use of	750
fluorescent sun lamps using ultraviolet or other artificial	751
radiation.	752

Sec. 4713.02.  (A) There is hereby created the state board	753
of cosmetology, consisting of all of the following seven members	754
appointed by the governor, with the advice and consent of the	755
senate: four graduate licensed cosmetologists, three of whom are	756
actively engaged in the management of a beauty salon	757

(1) One person holding a current, valid cosmetologist,	758
managing cosmetologist, or cosmetology instructor license at the	759
time of appointment;	760

(2) Three persons holding current, valid managing	761
cosmetologist licenses and actively engaged in managing beauty	762
salons at the time of appointment; one regularly licensed	763
physician; one	764

(3) One person holding a current, valid managing esthetician	765
license at the time of appointment;	766

(4) One person holding a current, valid managing manicurist	767
license at the time of appointment;	768

(5) One person who holds a current, valid independent	769
contractor license at the time of appointment or the owner or	770
manager of a licensed salon in which at least one person holding a	771
current, valid independent contractor license practices a branch	772
of cosmetology;	773

(6) One person who represents individuals who teach the	774
theory and practice of a branch of cosmetology at a vocational	775
school;	776

(7) One owner of a licensed school of cosmetology; and one

777

(8) One owner of at least five licensed beauty salons;

778

(9) One person who is either an advanced practice nurse	779
approved under section 4723.55 of the Revised Code, a certified	780
nurse practitioner or clinical nurse specialist holding a	781
certificate of authority under section 4723.41 of the Revised	782
Code, or a physician authorized under Chapter 4731. of the Revised	783
Code to practice medicine and surgery or osteopathic medicine and	784
surgery;	785

(10) One person representing the general public.

786

(B) The superintendent of public instruction shall nominate	787
three persons for the governor to choose from when making an	788
appointment under division (A)(6) of this section.	789

(C) All members shall be at least twenty-five years of age,	790
residents of the state, and citizens of the United States. No	791
more than two members, at any time, shall be graduates of the same	792
school of cosmetology.	793

TermsExcept for the initial members appointed under	794
divisions (A)(3), (4), (5), and (6) of this section, terms of	795
office are for five years, commencing. The term of the initial	796
member appointed under division (A)(3) of this section shall be	797
one year. The term of the initial member appointed under division	798
(A)(4) of this section shall be two years. The term of the	799
initial member appointed under division (A)(5) of this section	800
shall be three years. The term of the initial member appointed	801
under division (A)(6) of this section shall be four years. Terms	802
shall commence on the first day of November and endingend on the	803
thirty-first day of October. Each member shall hold office from	804
the date of appointment until the end of the term for which	805
appointed. In case of a vacancy occurring on the board, the	806
governor shall, in the same manner prescribed for the regular	807
appointment to the board, fill the vacancy by appointing a member.	808
Any member appointed to fill a vacancy occurring prior to the	809
expiration of the term for which the member's predecessor was	810
appointed shall hold office for the remainder of such term. Any	811
member shall continue in office subsequent to the expiration date	812
of the member's term until the member's successor takes office, or	813
until a period of sixty days has elapsed, whichever occurs first.	814
Before entering upon the discharge of the duties of the office of	815
member, each member shall take, and file with the secretary of	816
state, the oath of office required by Section 7 of Article XV,	817
Ohio Constitution.	818

The members of the board shall receive an amount fixed	819
pursuant to Chapter 124. of the Revised Code per diem for every	820
meeting of the board which they attend, together with their	821
necessary expenses, and mileage for each mile necessarily	822
traveled.	823

The members of the board shall annually elect, from among	824
their number, a chairperson, and annually appoint an executive	825
director who is not a member of the board. The executive	826
director, before entering upon the discharge of the executive	827
director's duties, shall file with the secretary of state a good	828
and sufficient bond payable to the state, to ensure the faithful	829
performance of duties of the office of executive director, in such	830
sum as the board requires. The premium of the bond shall be paid	831
from appropriations made to the board for operating purposes.	832

The board shall prescribe the duties of its officers and	833
establish an office at Columbus, Ohio. The board shall keep all	834
records and files at the office and have the records and files at	835
all reasonable hours open to public inspection. The board also	836
shall adopt a seal.	837

(B) The board may employ necessary inspectors, examiners,	838
consultants on contents of examinations, and clerks. All	839
inspectors, and examiners of cosmetologists, shall be licensed	840
cosmetologists.	841

(C) The board shall adopt rules for carrying out sections	842
4713.01 to 4713.25 of the Revised Code. The rules shall cover at	843
least all of the following:	844

(1) Conducting examinations of applicants for a license;

845

(2) The recognition of, and the credits to be given to, the	846
study of cosmetology, or any branch thereof, in a school of	847
cosmetology licensed under the laws of this or another state;	848

(3) Establishing reasonable fees for application to take the	849
examination for licensure as a natural hair stylist and for	850
issuance of a license to practice natural hair styling;	851

(4) Sanitary standards, including those authorized by the	852
department of health, with particular reference to the precautions	853
to be employed to prevent the creating or spreading of infectious	854
or contagious diseases in beauty salons, nail salons, esthetics	855
salons, or schools of cosmetology, or in the practice of	856
cosmetology.	857

The board shall furnish a copy of all sanitary rules adopted	858
to each person issued a license for the conduct of a beauty salon,	859
nail salon, esthetics salon, or school of cosmetology and to each	860
operator, manicurist, and person engaged in the practice of	861
massage. A copy of all such sanitary rules shall be posted in a	862
conspicuous place in all beauty salons, nail salons, esthetics	863
salons, and schools of cosmetology.	864

The board may adopt rules authorizing beauty or nail salons	865
to offer esthetic services in the salon and may adopt rules	866
regulating the practice of the services.	867

(D) The board shall do all of the following:

868

(1) Hold examinations of all applicants for license whose	869
applications have been submitted in proper form;	870

(2) Issue licenses to applicants who meet the requirements	871
of sections 4713.01 to 4713.25 of the Revised Code;	872

(3) Register beauty salons, nail salons, esthetics salons,	873
and schools of cosmetology;	874

(4) Report to the proper prosecuting officer all violations	875
coming within its knowledge;	876

(5) Make a written report annually to the governor	877
concerning the conditions in this state of cosmetology and the	878
branches thereof, which report shall also contain a brief	879
reference to the proceedings had by or before the board for the	880
year last past and a statement of all money received and expended	881
by the board during such year;	882

(6) Keep a record containing the name and known place of	883
business, and the date and number of license, of every licensed	884
cosmetologist, esthetician, and every person engaged in the	885
practice of any branch of cosmetology, together with the name and	886
address of all tanning facilities, licensed beauty salons,	887
licensed nail salons, licensed esthetics salons, and schools of	888
cosmetology;	889

(7) Keep a record of its proceedings;

890

(8) All things necessary to carry out sections 4713.01 to	891
4713.25 of the Revised Code.	892

Sec. 4713.03.  The state board of cosmetology shall hold a	893
meeting for the examination of applicants for license and the	894
transaction of such otherto transact its business as shall	895
pertain to its duties at least four times a year and the. The	896
board may hold otheradditional meetings for the examination of	897
applicants or for the transaction of necessary business as, in its	898
judgment, may be required,are necessary. The board shall meet at	899
suchthe times and places as it may determineselects.	900

Sec. 4713.18.        Sec. 4713.04.  The state board of cosmetology may	901
authorize any of its members, in writing, to undertake any	902
proceedings authorized by sections 4713.01 to 4713.21, inclusive,	903
of the Revised Codethis chapter, and the finding or order of such	904
members is the finding of the board when confirmed by it.	905

Sec. 4713.19.        Sec. 4713.05.  All receipts of the state board of	906
cosmetology shall be deposited into the state treasury to the	907
credit of the occupational licensing and regulatory fund. All	908
vouchers of the board shall be approved by the board president	909
chairperson or executive director, or both, as authorized by the	910
board.	911

Sec. 4713.06. The state board of cosmetology shall annually	912
appoint an executive director. The executive director may not be	913
a member of the board. The executive director, before entering	914
upon the discharge of the executive director's duties, shall file	915
with the secretary of state a good and sufficient bond payable to	916
the state, to ensure the faithful performance of duties of the	917
office of executive director. The bond shall be in an amount the	918
board requires. The premium of the bond shall be paid from	919
appropriations made to the board for operating purposes.	920

The board may employ inspectors, examiners, consultants on	921
contents of examinations, and clerks as necessary for the	922
administration of this chapter. All inspectors and examiners	923
shall be licensed cosmetologists.	924

The board may appoint inspectors of tanning facilities as	925
needed to make periodic inspections as the board specifies.	926

Sec. 4713.07. The state board of cosmetology shall do all of	928
the following:	929

(A) Prescribe and make available application forms to be	930
used by persons seeking admission to an examination conducted	931
under section 4713.24 of the Revised Code or a license issued	932
under this chapter;	933

(B) Prescribe and make available application forms to be	934
used by persons seeking renewal of a license issued under this	935
chapter;	936

(C) Report to the proper prosecuting officer all violations	937
of section 4713.14 of the Revised Code of which the board is	938
aware;	939

(D) Submit a written report annually to the governor that	940
provides all of the following:	941

(1) A discussion of the conditions in this state of the	942
branches of cosmetology;	943

(2) A brief summary of the board's proceedings during the	944
year the report covers;	945

(3) A statement of all money that the board received and	946
expended during the year the report covers.	947

(E) Keep a record of all of the following:

948

(1) The board's proceedings;

949

(2) The name and last known address of each person issued a	950
license under section 4713.28, 4713.30, 4713.31, 4713.34, or	951
4713.39 of the Revised Code;	952

(3) The name and address of each salon issued a license	953
under section 4713.41 of the Revised Code and each school of	954
cosmetology issued a license under section 4713.44 of the Revised	955
Code;	956

(4) The name and address of each tanning facility issued a	957
permit under section 4713.48 of the Revised Code;	958

(5) The date and number of each license and permit that the	959
board issues;	960

(F) All other duties that this chapter imposes on the board.

961

Sec. 4713.08. (A) The state board of cosmetology shall adopt	963
rules in accordance with Chapter 119. of the Revised Code as	964
necessary to implement this chapter. The rules shall do all of	965
the following:	966

(1) Govern the practice of the branches of cosmetology and	967
management of salons;	968

(2) Specify conditions a person must satisfy to qualify for	969
a temporary pre-examination work permit under section 4713.22 of	970
the Revised Code and the conditions and method of renewing a	971
temporary pre-examination work permit under that section;	972

(3) Provide for the conduct of examinations under section	973
4713.24 of the Revised Code;	974

(4) Specify conditions under which the board will take into	975
account, under section 4713.32 of the Revised Code, instruction an	976
applicant for a license under section 4713.28, 4713.30, or 4713.31	977
of the Revised Code received more than five years before the date	978
of application for the license;	979

(5) Provide for the granting of waivers under section	980
4713.29 of the Revised Code;	981

(6) Specify conditions an applicant must satisfy for the	982
board to issue the applicant a license under section 4713.34 of	983
the Revised Code without the applicant taking an examination	984
conducted under section 4713.24 of the Revised Code;	985

(7) Specify locations in which glamour photography services	986
in which a branch of cosmetology is practiced may be provided;	987

(8) Establish conditions and the fee for a temporary special	988
occasion work permit under section 4713.37 of the Revised Code and	989
specify the amount of time such a permit is valid;	990

(9) Specify conditions an applicant must satisfy for the	991
board to issue the applicant an independent contractor license	992
under section 4713.39 of the Revised Code and the fee for issuance	993
and renewal of the license;	994

(10) Establish conditions under which food may be sold at a	995
salon;	996

(11) Specify which professions regulated by a professional	997
regulatory board of this state may be practiced in a salon under	998
section 4713.42 of the Revised Code;	999

(12) Establish standards for the provision of cosmetic	1000
therapy, massage therapy, or other professional service in a salon	1001
pursuant to section 4713.42 of the Revised Code;	1002

(13) Establish standards for board approval of, and the	1003
granting of credits for, the training of the branches of	1004
cosmetology at schools of cosmetology licensed in this state;	1005

(14) Establish sanitary standards for the practice of the	1006
branches of cosmetology, salons, and schools of cosmetology;	1007

(15) Establish the application process for obtaining a	1008
tanning facility permit under section 4713.48 of the Revised Code,	1009
including the amount of the fee for an initial or renewed permit;	1010

(16) Establish standards for installing and operating a	1011
tanning facility in a manner that ensures the health and safety of	1012
consumers, including standards that do all of the following:	1013

(a) Establish a maximum safe time of exposure to radiation	1014
and a maximum safe temperature at which sun lamps may be operated;	1015

(b) Require consumers to wear protective eyeglasses and be	1016
supervised as to the length of time consumers use the facility;	1017

(c) Require the operator to prohibit consumers from standing	1018
too close to sun lamps and to post signs warning consumers of the	1019
potential effects of radiation on persons taking certain	1020
medications and of the possible relationship of the radiation to	1021
skin cancer;	1022

(d) Require the installation of protective shielding for sun	1023
lamps and handrails for consumers;	1024

(e) Require floors to be dry during operation of lamps.

1025

(17) If the board, under section 4713.61 of the Revised	1026
Code, develops a procedure for classifying licenses inactive, do	1027
both of the following:	1028

(a) Establish a fee for having a license classified inactive	1029
that reflects the cost to the board of providing the inactive	1030
license service;	1031

(b) Specify the minimum continuing education that a person	1032
whose license has been classified inactive must complete to have	1033
the license restored. The continuing education shall be	1034
sufficient to ensure the minimum competency required by a licensee	1035
necessary to protect the public.	1036

(18) Establish a fee for approval of a continuing education	1037
program under section 4713.62 of the Revised Code that is adequate	1038
to cover any expense the board incurs in the approval process;	1039

(19) Anything else necessary to implement this chapter.

1040

(B) The rules adopted under division (A)(2) of this section	1041
may establish additional conditions for a temporary	1042
pre-examination work permit under section 4713.22 of the Revised	1043
Code that are applicable to persons who practice a branch of	1044
cosmetology in another state or country.	1045

(C) The conditions specified in rules adopted under division	1046
(A)(6) of this section may include that an applicant is applying	1047
for a license to practice a branch of cosmetology for which the	1048
board determines an examination is unnecessary.	1049

(D) The rules adopted under division (A)(11) of this section	1050
shall not include a profession if practice of the profession in a	1051
salon is a violation of a statute or rule governing the	1052
profession.	1053

(E) The sanitary standards established under division	1054
(A)(14) of this section shall focus in particular on precautions	1055
to be employed to prevent infectious or contagious diseases being	1056
created or spread. The board shall consult with the Ohio	1057
department of health when establishing the sanitary standards.	1058

(F) The fee established by rules adopted under division	1060
(A)(15) of this section shall cover the cost the board incurs in	1061
inspecting tanning facilities and enforcing the board's rules but	1062
may not exceed one hundred dollars per location of such	1063
facilities.	1064

Sec. 4713.081. The state board of cosmetology shall furnish a	1065
copy of the sanitary standards established by rules adopted under	1066
section 4713.08 of the Revised Code to each person to whom the	1067
board issues a practicing license, managing license, or license to	1068
operate a salon or school of cosmetology. The board also shall	1069
furnish a copy of the sanitary standards to each person providing	1070
cosmetic therapy, massage therapy, or other professional service	1071
in a salon under section 4713.42 of the Revised Code. A salon or	1072
school of cosmetology provided a copy of the sanitary standards	1073
shall post the standards in a public and conspicuous place in the	1074
salon or school.	1075

Sec. 4713.082. The state board of cosmetology shall furnish a	1077
copy of the standards established by rules adopted under section	1078
4713.08 of the Revised Code for installing and operating a tanning	1079
facility to each person to whom the board issues a permit to	1080
operate a tanning facility. A person provided a copy of the	1081
standards shall post the standards in a public and conspicuous	1082
place in the tanning facility.	1083

Sec. 4713.09. (A) The state board of cosmetology may adopt	1084
rules in accordance with Chapter 119. of the Revised Code to do	1085
the following:	1086

(1) Identify additional branches of cosmetology within the	1087
practice of cosmetology, practice of esthetics, practice of hair	1088
design, practice of manicure, or practice of natural hair styling	1089
for the purpose of licensure under this chapter;	1090

(2) Establish a continuing education requirement, not to	1091
exceed eight hours in a biennial licensing period, as a condition	1092
of renewal for a practicing license, managing license, or	1093
instructor license.	1094

(B) If the board adopts rules under division (A)(1) of this	1095
section, the board shall provide for both of the following:	1096

(1) That any additional branch of cosmetology identified by	1097
the rules be one or more components of the practice of	1098
cosmetology, practice of esthetics, practice of hair design,	1099
practice of manicure, practice of natural hair styling, or two or	1100
more of those practices;	1101

(2) That the rules establish conditions, in addition to	1102
those specified in section 4713.28, 4713.30, or 4713.31 of the	1103
Revised Code, as appropriate, for obtaining a license to practice	1104
a branch of cosmetology identified in the rules, manage a salon in	1105
which that branch of cosmetology is practiced, or teach the theory	1106
and practice of that branch of cosmetology.	1107

(C) If the board adopts rules under division (A)(2) of this	1108
section, the rules may establish a continuing education	1109
requirement for all persons holding a practicing license, managing	1110
license, or instructor license or for any class or combination of	1111
classes of those persons.	1112

Sec. 4713.10.  The state board of cosmetology shall charge	1114
and collect the following fees:	1115

(A) For a temporary pre-examination work permit under section	1116
4713.22 of the Revised Code, five dollars;	1117

(B) For initial application to take thean examination for a	1118
license to practice cosmetology, or any branch thereofunder	1119
section 4713.24 of the Revised Code, twenty-one dollars;	1120

(B)(C) For application to take an examination under section	1121
4713.24 of the Revised Code by an applicant who has previously	1122
applied to take, but failed to appear for, the examination, forty	1123
dollars;	1124

(D) For the re-examination of anyapplication to re-take an	1125
examination under section 4713.24 of the Revised Code by an	1126
applicant who has previously appeared for, but failed to pass, the	1127
examination, twenty-one dollars;	1128

(C)(E) For the issuance or renewal of a cosmetology,	1129
manicurist, or esthetics instructor'sof a license under section	1130
4713.28, 4713.30, or 4713.31 of the Revised Code, thirty dollars;	1131

(D)(F) For the issuance or renewal of a managing	1132
cosmetologist's, managing manicurist's, or managing esthetician's	1133
of a license under section 4713.34 of the Revised Code, thirty	1134
sixty dollars;	1135

(E)(G) For renewal of a license issued under section 4713.28,	1136
4713.30, 4713.31, or 4713.34 of the Revised Code, thirty dollars;	1137

(H) For the issuance or renewal of a cosmetology school	1138
license, two hundred fifty dollars;	1139

(F)(I) For the inspection and issuance of a new beauty	1140
salon, nail salon, or esthetics salon license or the change of	1141
name or ownership of a beauty salon, nail salon, or esthetics	1142
salon license, sixty dollars;	1143

(G)(J) For the renewal of a beauty salon, nail salon, or	1144
esthetics salon license, fifty dollars;	1145

(H) For the issuance or renewal of a cosmetologist's,	1146
manicurist's, or esthetician's license, thirty dollars;	1147

(I)(K) For the restoration of any lapsedan expired license	1148
whichthat may be restored pursuant to section 4713.114713.63 of	1149
the Revised Code, and in addition to the payments required by that	1150
sectionfor all lapsed renewal fees, thirty dollars;	1151

(J) For the issuance of a license under section 4713.09 of	1152
the Revised Code, sixty dollars;	1153

(K)(L) For the issuance of a duplicate of any license,	1154
fifteen dollars;	1155

(L)(M) For the preparation and mailing of a licensee's	1156
records to another state for a reciprocity license, fifty dollars;	1157

(M)(N) For the processing of any fees related to a check	1158
from a licensee returned to the board for insufficient funds, an	1159
additional twenty dollars.	1160

Each applicant shall, in addition to the fees specified,	1161
furnish the applicant's own models.	1162

Sec. 4713.22.        Sec. 4713.11.  The state board of cosmetology,	1163
subject to the approval of the controlling board, may establish	1164
fees in excess of the amounts provided by section 4713.10 of the	1165
Revised Code, provided that any fee increase does not exceed the	1166
amount permitted by more than fifty per cent.	1167

Sec. 4713.26.        Sec. 4713.13.  Whenever in the judgment of the state	1168
board of cosmetology any person has engaged in or is about to	1169
engage in any acts or practices that constitute a violation of	1170
this chapter, or any rule adopted under this chapter, the board	1171
may apply to the appropriate court for an order enjoining the acts	1172
or practices, and upon a showing by the board that the person has	1173
engaged in the acts or practices, the court shall grant an	1174
injunction, restraining order, or other order as may be	1175
appropriate.	1176

Sec. 4713.20.        Sec. 4713.14. (A) No person shall do any of the	1177
following:	1178

(1) Conduct or operate a nail salon, beauty salon, esthetics	1179
salon, or school of cosmetology without a license;	1180

(2) Practice cosmetology for pay, free, or otherwise, either	1181
as a cosmetologist, managing cosmetologist, cosmetology	1182
instructor, manicurist, managing manicurist, manicurist	1183
instructor, esthetician, managing esthetician, or esthetics	1184
instructor, without a license;	1185

(3) Practice natural hair styling for pay, free, or	1186
otherwise, without a license;	1187

(4) Employ as a cosmetologist, managing cosmetologist,	1188
cosmetologist instructor, except as provided in division (C) of	1189
section 4713.15 of the Revised Code, manicurist, managing	1190
manicurist, manicurist instructor, esthetician, managing	1191
esthetician, or esthetics instructor, any person without a	1192
license;	1193

(5)(A) Aid or abet any person:

1194

(a)(1) Violating sections 4713.01 to 4713.21 of the Revised	1195
Codethis chapter or a rule adopted under it;	1196

(b)(2) Obtaining a license or permit fraudulently;

1197

(c)(3) Falsely pretending to be licensed;

1198

(d) Violating any of the sanitary rules for the regulation	1199
of the practice of cosmetologyhold a current, valid license or	1200
permit.	1201

(6) Engage in the practice of(B) Practice a branch of	1202
cosmetology, for pay, free, or otherwise, without one of the	1203
following authorizing the practice of that branch of cosmetology:	1204

(1) A current, valid license under section 4713.28,	1205
4713.30, or 4713.34 of the Revised Code;	1206

(2) A current, valid temporary pre-examination work permit	1207
issued under section 4713.22 of the Revised Code;	1208

(3) A current, valid temporary special occasion work permit	1209
issued under section 4713.37 of the Revised Code.	1210

(C) Employ a person to practice a branch of cosmetology if	1211
the person does not hold one of the following authorizing the	1212
practice of that branch of cosmetology:	1213

(1) A current, valid license under section 4713.28, 4713.30,	1214
or 4713.34 of the Revised Code;	1215

(2) A current, valid temporary pre-examination work permit	1216
issued under section 4713.22 of the Revised Code;	1217

(3) A current, valid temporary special occasion work permit	1218
issued under section 4713.37 of the Revised Code.	1219

(D) Manage a salon without a current, valid license under	1220
section 4713.30 or 4713.34 of the Revised Code to manage that type	1221
of salon;	1222

(E) Except for apprentice instructors and as provided in	1223
section 4713.45 of the Revised Code, teach the theory or practice	1224
of a branch of cosmetology at a school of cosmetology without	1225
either of the following authorizing the teaching of that branch of	1226
cosmetology:	1227

(1) A current, valid license under section 4713.31 or	1228
4713.34 of the Revised Code;	1229

(2) A current, valid temporary special occasion work permit	1230
issued under section 4713.37 of the Revised Code.	1231

(F) Advertise or operate a glamour photography service in	1232
which a branch of cosmetology is practiced unless the person	1233
practicing the branch of cosmetology holds either of the following	1234
authorizing the practice of that branch of cosmetology:	1235

(1) A current, valid license under section 4713.28, 4713.30,	1236
or 4713.34 of the Revised Code;	1237

(2) A current, valid temporary special occasion work permit	1238
issued under section 4713.37 of the Revised Code.	1239

(G) Advertise or operate a glamour photography service in	1240
which a branch of cosmetology is practiced at a location not	1241
specified by rules adopted under section 4713.08 of the Revised	1242
Code;	1243

(H) Practice a branch of cosmetology at a salon in which	1244
the person rents booth space without a current, valid independent	1245
contractor license under section 4713.39 of the Revised Code;	1246

(I) Operate a salon without a current, valid license under	1247
section 4713.41 of the Revised Code;	1248

(J) Provide cosmetic therapy or massage intherapy at a	1249
beauty salon or nail salon for pay, free, or otherwise unless the	1250
person holdswithout a current, valid certificate issued by the	1251
state medical board pursuant tounder section 4731.15 of the	1252
Revised Code or provide any other professional service at a salon	1253
for pay, free, or otherwise without a current, valid license or	1254
certificate issued by the professional regulatory board of this	1255
state that regulates the profession;	1256

(7) Engage in the advertisement or operation of a glamour	1257
photography service unless properly licensed under this chapter by	1258
the state board of cosmetology.	1259

(B) Sections 4713.01 to 4713.21 of the Revised Code do not	1260
prohibit any student in a licensed school of cosmetology in this	1261
state from engaging in that school, as a student, in work	1262
connected with any branch of cosmetology taught in the school	1263

(K) Teach a branch of cosmetology at a salon, unless the	1264
person receiving the instruction holds either of the following	1265
authorizing the practice of that branch of cosmetology:	1266

(1) A current, valid license under section 4713.28, 4713.30,	1267
or 4713.34 of the Revised Code;	1268

(2) A current, valid temporary pre-examination work permit	1269
issued under section 4713.22 of the Revised Code.	1270

(L) Operate a school of cosmetology without a current, valid	1271
license under section 4713.44 of the Revised Code;	1272

(M) At a salon or school of cosmetology, do either of the	1273
following:	1274

(1) Use or possess a cosmetic product containing an	1275
ingredient that the United States food and drug administration has	1276
prohibited by regulation;	1277

(2) Use a cosmetic product in a manner inconsistent with a	1278
restriction established by the United States food and drug	1279
administration by regulation.	1280

(N) While in charge of a salon or school of cosmetology,	1281
permit any person to sleep in, or use for residential purposes,	1282
any room used wholly or in part as the salon or school of	1283
cosmetology;	1284

(O) Maintain, as an established place of business for the	1285
practice of one or more of the branches of cosmetology, a room	1286
used wholly or in part for sleeping or residential purposes;	1287

(P) Operate a tanning facility that is offered to the	1288
public for a fee or other compensation without a current, valid	1289
permit under section 4713.48 of the Revised Code.	1290

Sec. 4713.141. An inspector employed by the state board of	1291
cosmetology may take a sample of a product used or sold in a salon	1292
or school of cosmetology for the purpose of examining the sample,	1293
or causing an examination of the sample to be made, to determine	1294
whether division (M) of section 4713.14 of the Revised Code has	1295
been violated.	1296

Sec. 4713.15. This chapter does not permit any of the	1298
services or arts that are part of the practice of a branch of	1299
cosmetology to be used for the treatment or cure of a physical or	1300
mental disease or ailment.	1301

Sec. 4713.16. This chapter does not prohibit any of the	1303
following:	1304

(A) Practicing a branch of cosmetology without a license if	1305
the person does so for free at the person's home for a family	1306
member who resides in the same household as the person;	1307

(B) The retail sale, or trial demonstration by application	1308
to the skin for purposes of retail sale, of cosmetics,	1309
preparations, tonics, antiseptics, creams, lotions, wigs, or	1310
hairpieces without a practicing license;	1311

(C) The retailing, at a salon, of cosmetics, preparations,	1312
tonics, antiseptics, creams, lotions, wigs, hairpieces, clothing,	1313
or any other items that pose no risk of creating unsanitary	1314
conditions at the salon;	1315

(D) The provision of glamour photography services at a	1316
licensed salon if either of the following is the case:	1317

(1) A branch of cosmetology is not practiced as part of the	1318
services.	1319

(2) If a branch of cosmetology is practiced as part of the	1320
services, the part of the services that is a branch of cosmetology	1321
is performed by a person who holds either of the following	1322
authorizing the person to practice that branch of cosmetology:	1323

(a) A current, valid license under section 4713.28, 4713.30,	1324
or 4713.34 of the Revised Code;	1325

(b) A current, valid temporary special occasion work permit	1326
issued under section 4713.37 of the Revised Code.	1327

(E) A student engaging, as a student, in work connected with	1328
a branch of cosmetology taught at the school of cosmetology at	1329
which the student is enrolled.	1330

Sec. 4713.12.        Sec. 4713.17. Sections 4713.01 to 4713.21 of the	1332
Revised Code do not prohibit service in cases of emergency or	1333
domestic administration, without compensation. The following	1334
persons shall beare exempt from the provisions of such sections	1335
this chapter, except, as applicable, section 4713.42 of the	1336
Revised Code:	1337

(A) All persons authorized to practice medicine, surgery,	1338
dentistry, and nursing or any of its branches in this state;	1339

(B) Commissioned surgical and medical officers of the United	1340
States army, navy, air force, or marine hospital service when	1341
engaged in the actual performance of their official duties, and	1342
attendants attached to same;	1343

(C) Barbers, insofar as their usual and ordinary vocation	1344
and profession is concerned;	1345

(D) Funeral directors, embalmers, and apprentices licensed	1346
or registered under Chapter 4717. of the Revised Code;	1347

(E) Persons who are engaged in the retail sale, cleaning, or	1348
beautification of wigs and posticheshairpieces but who do not	1349
engage in any other act constituting the practice of a branch of	1350
cosmetology;	1351

(F) Volunteers of hospitals, and homes as defined in section	1352
3721.01 of the Revised Code, who render service to registered	1353
patients and inpatients who reside in such hospitals or homes.	1354
Such volunteers shall not use or work with any chemical products	1355
such as permanent wave, hair dye, or chemical hair relaxer, which	1356
without proper training would pose a health or safety problem to	1357
the patient.	1358

(G) NursesNurse aides and other employees of hospitals and	1359
homes as defined in section 3721.01 of the Revised Code, who	1360
renderpractice a branch of cosmetology services toon registered	1361
patients only as part of general patient care services and who do	1362
not charge patients directly on a fee for service basis;	1363

(H) Cosmetic therapists and massage therapists who hold	1364
current, valid certificates to practice cosmetic or massage	1365
therapy issued by the state medical board under section 4731.15 of	1366
the Revised Code;	1367

(I) Photographers engaged in delivering a glamour	1368
photography service in a licensed salon, so long as the person	1369
advertising and operating the glamour photography service is	1370
properly licensed under this chapter by the state board of	1371
cosmetology, to the extent their actions are authorized by their	1372
certificates to practice.	1373

Sec. 4713.05.        Sec. 4713.20. Every application for(A) Each person	1374
who seeks admission to an examination,conducted under section	1375
4713.24 of the Revised Code and every application foreach person	1376
who seeks a license as a cosmetologist, a natural hair stylist, or	1377
in any branch of cosmetology,under this chapter shall be in	1378
writing, on forms prepared and furnished by the state board of	1379
cosmetology. Such application shall be accompanied by the fee	1380
specified, and shall containdo all of the following:	1381

(1) Submit to the state board of cosmetology a written	1382
application containing proof of the qualifications of the	1383
applicant forfollowing:	1384

(a) If the person seeks admission to an examination, that	1385
the person satisfies all conditions to obtain the license for	1386
which the examination is conducted, other than the requirement to	1387
have passed the examination, or for;	1388

(b) If the person seeks a license, that the person	1389
satisfies all conditions for obtaining the license, and shall be	1390
verified.	1391

(2) Pay to the board the applicable fee;

1392

(3) Verify by the oath thatof the applicantapplication is	1393
true.	1394

If, after application, the applicant fails to appear for the	1395
applicant's examination, in order to be examined at a later date,	1396
the applicant may apply again as specified above and shall pay the	1397
re-examination fee.	1398

Applicants failing to pass the examination may apply again as	1399
specified above and shall pay the re-examination fee(B) An	1400
application to operate a salon or school of cosmetology may be	1401
submitted by the owner, manager, or person in charge of the salon	1402
or school.	1403

Sec. 4713.21. Both of the following may apply again under	1404
section 4713.20 of the Revised Code for admission to an	1405
examination conducted under section 4713.24 of the Revised Code:	1406

(A) A person who failed to appear for an examination that	1407
the person was previously scheduled to take;	1408

(B) A person who appeared for a previously scheduled	1409
examination but failed to pass it.	1410

Sec. 4713.22. (A) The state board of cosmetology shall issue	1411
a temporary pre-examination work permit to a person who applies	1412
under section 4713.20 of the Revised Code for admission to an	1413
examination conducted under section 4713.24 of the Revised Code,	1414
if the person satisfies all of the following conditions:	1415

(1) Is seeking a practicing license;

1416

(2) Has not previously failed an examination conducted	1417
under section 4713.24 of the Revised Code to determine the	1418
applicant's fitness to practice the branch of cosmetology for	1419
which the person seeks a license;	1420

(3) Pays to the board the applicable fee;

1421

(4) Satisfies all other conditions established by rules	1422
adopted under section 4713.08 of the Revised Code.	1423

(B) A person issued a temporary pre-examination work	1424
permit may practice the branch of cosmetology for which the person	1425
seeks a license until the date the person is scheduled to take an	1426
examination under section 4713.24 of the Revised Code. The person	1427
shall practice under the supervision of a person holding a	1428
current, valid managing license appropriate for the type of salon	1429
in which the permit holder practices. A temporary pre-examination	1430
work permit is renewable in accordance with rules adopted under	1431
section 4713.08 of the Revised Code.	1432

Sec. 4713.06.        Sec. 4713.24. (A) All examinations of applicants	1433
under sections 4713.01 to 4713.21 of the Revised Code shall meet	1434
The state board of cosmetology shall conduct an examination for	1435
each person who satisfies the requirements established by section	1436
4713.20 of the Revised Code for admission to the examination. The	1437
examination shall be specific to the type of license the person	1438
seeks and satisfy all of the following conditions:	1439

(1)(A) Include both practical demonstrations and written or	1440
oral tests related to the type of license the person seeks;	1441

(2)(B) Relate only to a branch of cosmetology, managing	1442
license, or both, but not be confined to any special system or	1443
method;	1444

(3)(C) Be consistent in both practical and technical	1445
requirements, andfor the type of license the person seeks;	1446

(D) Be of sufficient thoroughness to satisfy the state board	1447
of cosmetology as to the applicant'sperson's skill in and	1448
knowledge ifof the practice of the occupation for which a license	1449
is sought.	1450

(B)(1) Examinations for licenses as cosmetologists shall, in	1451
addition to the requirements of division (A) of this section,	1452
include practical demonstrations and written or oral tests in	1453
sanitation and the use of mechanically and electrically operated	1454
apparatus as applicable to the practice branch of cosmetology,	1455
managing license, or both, for which the examination is conducted.	1456

(2) Examinations for a managing cosmetologist's license may	1457
be administered separately at the completion of the managing	1458
cosmetologist's training course, or may be combined with the	1459
examination for a cosmetologist's license where the applicant has	1460
completed a single eighteen hundred-hour combined cosmetologist	1461
and managing cosmetologist course. Applicants may apply for an	1462
examination for a managing cosmetologist's license following	1463
completion of one year of certified employment experience in a	1464
licensed beauty salon.	1465

(3) Examinations for a managing manicurist's license may be	1466
administered separately at the completion of the managing	1467
manicurist's training course, or may be combined with the	1468
examination for a manicurist license when the applicant has	1469
completed a single three hundred-hour course combining the	1470
manicurist and managing manicurist training certified to the board	1471
by a licensed school of cosmetology in this state.	1472

(4) In addition to the requirements of division (A) of this	1473
section, examinations for licenses as an esthetician shall include	1474
a practical demonstration and a written or oral test in sanitation	1475
and the principles of esthetics.	1476

(5) Examinations for a license as a managing esthetician may	1477
be administered separately at the completion of the applicant's	1478
training as a managing esthetician or may be combined with the	1479
examination for the license as an esthetician when the applicant	1480
has completed a single course of study of at least seven hundred	1481
fifty hours combining esthetics and managing esthetics training in	1482
a licensed school of cosmetology in this state.	1483

Sec. 4713.25. The state board of cosmetology may administer a	1484
separate managing cosmetologist examination for persons who	1485
complete a managing cosmetologist training course separate from a	1486
cosmetologist training course. The board may combine the managing	1487
cosmetologist examination with the cosmetologist examination for	1488
persons who complete a combined eighteen hundred-hour	1489
cosmetologist and managing cosmetologist training course.	1490

The board may administer a separate managing esthetician	1491
examination for persons who complete a managing esthetician	1492
training course separate from an esthetician training course. The	1493
board may combine the managing esthetician examination with the	1494
esthetician examination for persons who complete a combined seven	1495
hundred fifty-hour esthetician and managing esthetician training	1496
course.	1497

The board may administer a separate managing hair designer	1498
examination for persons who complete a managing hair designer	1499
training course separate from a hair designer training course. The	1500
board may combine the managing hair designer examination with the	1501
hair designer examination for persons who complete a combined one	1502
thousand four hundred forty-hour hair designer and managing hair	1503
designer training course.	1504

The board may administer a separate managing manicurist	1505
examination for persons who complete a managing manicurist	1506
training course separate from a manicurist training course. The	1507
board may combine the managing manicurist examination with the	1508
manicurist examination for persons who complete a combined four	1509
hundred thirty-hour manicurist and managing manicurist training	1510
course.	1511

The board may administer a separate managing natural hair	1512
stylist examination for persons who complete a managing natural	1513
hair stylist training course separate from a natural hair stylist	1514
training course. The board may combine the managing natural hair	1515
stylist examination with the natural hair stylist examination for	1516
persons who complete a combined six hundred-hour natural hair	1517
stylist and managing natural hair stylist training course.	1518

The board may administer a separate examination for a license	1519
to manage a salon in which a branch of cosmetology identified in	1520
rules adopted under section 4713.09 of the Revised Code is	1521
practiced for persons who complete a managing training course for	1522
that branch of cosmetology separate from a training course for the	1523
practice of that branch of cosmetology. The board may combine the	1524
examination for a license to manage a salon in which that branch	1525
of cosmetology is practiced with the examination for a license to	1526
practice that branch of cosmetology for persons who complete a	1527
combined managing and practice training course for that branch of	1528
cosmetology. The hours of the combined training course must be at	1529
least the sum of the number of hours a managing training course	1530
for that branch of cosmetology must be for a person to obtain a	1531
managing license for that branch of cosmetology and the number of	1532
hours a training course for the practice of that branch of	1533
cosmetology must be to obtain a license to practice that branch of	1534
cosmetology.	1535

Sec. 4713.26. Each person admitted to an examination	1536
conducted under section 4713.24 of the Revised Code shall furnish	1537
the person's own model.	1538

Sec. 4713.04.        Sec. 4713.28. (A) Applicants for a cosmetologist's	1539
license shall beThe state board of cosmetology shall issue a	1540
practicing license to an applicant who, except as provided in	1541
section 4713.30 of the Revised Code, satisfies all of the	1542
following applicable conditions:	1543

(A) Is at least sixteen years of age,;

1544

(B) Is of good moral character, have;

1545

(C) Has the equivalent of an Ohio public school eighthtenth	1546
grade education, and have received a total of not less than;	1547

(D) Passes an examination conducted under section 4713.24 of	1548
the Revised Code for the branch of cosmetology the applicant seeks	1549
to practice;	1550

(E) Pays to the board the applicable fee;

1551

(F) In the case of an applicant for an initial	1552
cosmetologist license, has successfully completed at least fifteen	1553
hundred hours of instruction in the several branches of	1554
board-approved cosmetology, including subjects relating to	1555
sanitation,training in a licensed school of cosmetology licensed	1556
in Ohio or otherwise pursuant to credits given by the state board	1557
of cosmetology as provided in section 4713.02 of the Revised Code	1558
this state, providedexcept that only one thousand hours of	1559
instruction in the several branches ofboard-approved cosmetology	1560
training in a licensed school of cosmetology licensed in this	1561
state is required of a person licensed as a barber under Chapter	1562
4709. of the Revised Code. Except as provided in section 4713.09	1563
of the Revised Code, an applicant shall pass an examination in	1564
order to qualify for a cosmetologist's license.	1565

(B) Applicants;

1566

(G) In the case of an applicant for an initial esthetician	1567
license, has successfully completed at least six hundred hours of	1568
board-approved esthetics training in a school of cosmetology	1569
licensed in this state;	1570

(H) In the case of an applicant for an initial hair	1571
designer license, has successfully completed at least one	1572
thousand two hundred hours of board-approved hair designer	1573
training in a school of cosmetology licensed in this state,	1574
provided that only one thousand hours of board-approved hair	1575
designer training in a school of cosmetology licensed in this	1576
state is required of a person licensed as a barber under Chapter	1577
4709. of the Revised Code;	1578

(I) In the case of an applicant for amanicurist'san	1579
initial manicurist license shall be at least sixteen years of age,	1580
of good moral character, have the equivalent of an Ohio public	1581
school eighth grade education, and have received, has	1582
successfully completed at least twothree hundred hours of	1583
instruction in subjects relating to sanitation, manicuring, and	1584
application of artificial or sculptured nailsboard-approved	1585
manicurist training in a licensed school of cosmetology licensed	1586
in Ohio. Except as provided in section 4713.09 of the Revised	1587
Code, an applicant shall pass an examination in order to qualify	1588
for a manicurist's license.	1589

(C) Applicants for an esthetician's license shall be at	1590
least sixteen years of age, of good moral character, have the	1591
equivalent of an Ohio public school eighth grade education, and	1592
have successfully completed at least six hundred hours of	1593
instruction in esthetics in a licensed school of cosmetology in	1594
this state. Except as provided in section 4713.09 of the Revised	1595
Code, an applicant shall pass an examination to qualify for an	1596
esthetician's license. The board shall design the examination so	1597
as to demonstrate an applicant's minimum competency in all fields	1598
of esthetics.	1599

(D) Applicants this state;

1600

(J) In the case of an applicant for aan initial natural	1601
hair stylist license shall be at least sixteen years of age, of	1602
good moral character, have the equivalent of an Ohio public school	1603
eighth grade education, and have received, has successfully	1604
completed at least four hundred fifty hours of instruction in	1605
subjects relating to sanitation, scalp care, anatomy, hair	1606
styling, communication skills, and laws and rules governing the	1607
practice of cosmetology. Except as provided in section 4713.09 of	1608
the Revised Code, an applicant shall pass an examination to	1609
qualify for a natural hair stylist's license.	1610

(E) Applicants for a managing cosmetologist's license	1611
shall be of good moral character, have the equivalent of an Ohio	1612
public school eighth grade education, and have practiced as a	1613
cosmetologist in a licensed beauty salon in this or another state	1614
of the United States or the District of Columbia for at least one	1615
year, or have completed three hundred hours of board-approved	1616
curriculum additional in a licensed school of cosmetology in this	1617
state in subjects relative to advanced cosmetology, business	1618
management, and supervision. Certification of an applicant's	1619
completion of one year's experience shall be made to the board by	1620
the licensed managing cosmetologist or the owner of the licensed	1621
beauty salon in which the applicant has been employed, or	1622
certification of completion of the prescribed course of three	1623
hundred additional hours shall be made to the board by the school	1624
of cosmetology in this state. Upon either of the foregoing	1625
certifications and, except as provided in section 4713.09 of the	1626
Revised Code, upon passage of an examination, the board shall	1627
issue a managing cosmetologist's license to the applicant.	1628

(F) Applicants for an initial cosmetology instructor's	1629
license shall be of good moral character, have the equivalent of	1630
an Ohio public school twelfth grade education, hold a current	1631
managing cosmetologist license issued pursuant to this chapter,	1632
and have practiced as a licensed cosmetologist in a beauty salon	1633
for at least twelve months, or have completed one thousand hours	1634
of cosmetology instructor training in a licensed school of	1635
cosmetology in this state as an apprentice instructor. On the	1636
date that an apprentice cosmetology instructor begins cosmetology	1637
instructor training in a licensed school of cosmetology, the	1638
school shall certify the name of the apprentice cosmetology	1639
instructor to the board along with the date on which the	1640
apprentice's instructor training began. No school shall have more	1641
than six apprentice cosmetology instructors at any one time. The	1642
apprentice cosmetology instructor shall be allowed the regular	1643
quota of students as prescribed by the board, with the provision	1644
that a cosmetology instructor is present. An apprentice	1645
cosmetology instructor may be compensated by the school.	1646
Certification that the applicant has completed one year or more of	1647
experience in a licensed beauty salon shall be made to the board	1648
by the licensed managing cosmetologist or the owner of the	1649
licensed beauty salon in which the applicant has been employed;	1650
or, certification shall be made to the board by the school of	1651
cosmetology, that the apprentice cosmetology instructor has	1652
completed one thousand hours of teacher training in a licensed	1653
school of cosmetology in this state. Upon any of the foregoing	1654
certifications and provided that the applicant holds a current	1655
managing cosmetologist's license issued pursuant to this chapter,	1656
the board shall issue a cosmetology instructor's license to the	1657
applicant.	1658

(G) Every person who completes a course in cosmetology given	1659
in a vocational program conducted by a city, exempted village,	1660
local, or joint vocational school district, is eligible to apply	1661
for a cosmetologist's or manicurist's license, provided the person	1662
has completed the educational requirements of division (A) or (B)	1663
of this section. The board may adopt rules for the recognition of	1664
any credit to be given to the study of cosmetology in such	1665
vocational schools of this state.	1666

(H) The board shall issue to an applicant who has completed	1667
the requirements of this section and has not previously failed to	1668
pass an examination conducted by the board to determine the	1669
applicant's fitness in the practice of cosmetology a temporary	1670
work permit upon the receipt of the application for examination as	1671
provided in section 4713.05 of the Revised Code. The temporary	1672
work permit authorizes the holder to engage in the practice of	1673
cosmetology under the supervision of a licensed managing	1674
cosmetologist up to the date of the holding of the next meeting of	1675
the board for the examination of applicants for license. A	1676
temporary work permit is not renewable and no person is entitled	1677
to more than one such permit. The fee for the temporary work	1678
permit is five dollars.	1679

(I) Applicants for a managing manicurist's license shall be	1680
of good moral character, have the equivalent of an Ohio public	1681
school eighth grade education, and have practiced as a manicurist	1682
in a licensed nail salon, beauty salon, or barber shop in this or	1683
another state of the United States or the District of Columbia for	1684
at least one year, or have completed an additional one hundred	1685
hours of board-approved curriculum in a licensed school of	1686
cosmetology in this state in advanced subjects relative to	1687
manicuring the nails, application of artificial nails, business	1688
management, and supervision.	1689

Certification of an applicant's completion of one year's	1690
experience shall be made to the state board of cosmetology by the	1691
licensed managing manicurist or the licensed managing	1692
cosmetologist, or the owner of the licensed nail salon, beauty	1693
salon, or barber shop in which the applicant has been employed, or	1694
certification of completion of the prescribed course of one	1695
hundred additional hours shall be made to the board by the school	1696
of cosmetology in this state. Upon either of the foregoing	1697
certifications, and except as provided in section 4713.09 of the	1698
Revised Code, upon passage of an examination, the board shall	1699
issue a managing manicurist's license to the applicant.	1700

(J) When determining the total hours of instruction received	1701
by any applicant for licensure under this section, the board shall	1702
not take into account more than eight hours of instruction per day	1703
nor instruction received more than five years prior to issuance of	1704
the initial license.	1705

(K) Applicants for a managing esthetician's license shall be	1706
of good moral character, have the equivalent of an Ohio public	1707
school eighth grade education, and have practiced esthetics as a	1708
cosmetologist or as an esthetician in this or another state of the	1709
United States or the District of Columbia for at least one year or	1710
have completed, in addition to the hours required for licensure as	1711
a cosmetologist or esthetician, at least one hundred fifty hours	1712
of management training in a licensed school of cosmetology in this	1713
state.	1714

Certification to the board of either the completion of the	1715
one year of experience or the additional one hundred fifty hours	1716
of management training qualifies the applicant to take the	1717
examination for licensure as a managing esthetician. Upon	1718
satisfactory passage of the board's examination and payment of all	1719
applicable fees, the board shall issue the applicant a managing	1720
esthetician's license.	1721

(L) Applicants for an initial license as an esthetics	1722
instructor shall be at least eighteen years of age, have the	1723
equivalent of an Ohio public school twelfth grade education, hold	1724
a current managing cosmetologist's or managing esthetician's	1725
license, and have at least one year of experience in the practice	1726
of cosmetology or esthetics as a managing cosmetologist or	1727
managing esthetician in a licensed salon or have five hundred	1728
hours of training as an assistant esthetics instructor.	1729

(M) Applicants for an initial license as a manicurist	1730
instructor shall be at least eighteen years of age, have the	1731
equivalent of an Ohio public school twelfth grade education, hold	1732
a current managing manicurist or managing cosmetologist license	1733
issued in this state, and have practiced as a licensed managing	1734
manicurist or managing cosmetologist in a salon for at least	1735
twelve months. In place of the salon experience, an applicant may	1736
substitute the completion, in addition to the hours required for	1737
licensure as a cosmetologist or manicurist, of three hundred hours	1738
of training in the practice of manicuring instruction in a	1739
licensed school of cosmetology in this stateboard-approved	1740
natural hair stylist training in a school of cosmetology licensed	1741
in this state;	1742

(K) In the case of an applicant for an initial license to	1743
practice a branch of cosmetology identified in rules adopted under	1744
section 4713.09 of the Revised Code, has successfully completed at	1745
least the number of hours specified in rules adopted under that	1746
section of board-approved training for that branch of cosmetology	1747
in a school of cosmetology licensed in this state.	1748

Sec. 4713.29. In accordance with rules adopted under section	1749
4713.08 of the Revised Code, the state board of cosmetology may	1750
waive a condition established by section 4713.28 of the Revised	1751
Code for a license to practice a branch of cosmetology for an	1752
applicant who practices that branch of cosmetology in a state or	1753
country that does not license or register branches of cosmetology.	1754

Sec. 4713.30. The state board of cosmetology shall issue a	1755
managing license to an applicant who satisfies all of the	1756
following applicable conditions:	1757

(A) Is at least sixteen years of age;

1758

(B) Is of good moral character;

1759

(C) Has the equivalent of an Ohio public school tenth grade	1760
education;	1761

(D) Pays to the board the applicable fee;

1762

(E) In the case of an applicant for an initial managing	1763
cosmetologist license, does either of the following:	1764

(1) Has a licensed managing cosmetologist or owner of a	1765
licensed beauty salon located in this or another state certify to	1766
the board that the applicant has practiced as a cosmetologist for	1767
at least two thousand hours in a licensed beauty salon;	1768

(2) Has a school of cosmetology licensed in this state	1769
certify to the board that the applicant has successfully	1770
completed, in addition to the hours required for licensure as a	1771
cosmetologist, at least three hundred hours of board-approved	1772
managing cosmetologist training and passes an examination for a	1773
managing cosmetologist license conducted under section 4713.24 of	1774
the Revised Code.	1775

(F) In the case of an applicant for an initial managing	1776
esthetician license, does either of the following:	1777

(1) Has the licensed managing esthetician, licensed managing	1778
cosmetologist, or owner of a licensed esthetics salon or licensed	1779
beauty salon located in this or another state certify to the board	1780
that the applicant has practiced esthetics for at least two	1781
thousand hours as an esthetician in a licensed esthetics salon or	1782
as a cosmetologist in a licensed beauty salon;	1783

(2) Has a school of cosmetology licensed in this state	1784
certify to the board that the applicant has successfully	1785
completed, in addition to the hours required for a licensure as an	1786
esthetician or cosmetologist, at least one hundred fifty hours of	1787
board-approved managing esthetician training and passes an	1788
examination for a managing esthetician license conducted under	1789
section 4713.24 of the Revised Code.	1790

(G) In the case of an applicant for an initial managing hair	1791
designer license, does either of the following:	1792

(1) Has the licensed managing hair designer, licensed	1793
managing cosmetologist, or owner of a licensed hair design salon	1794
or licensed beauty salon located in this or another state certify	1795
to the board that the applicant has practiced hair design for at	1796
least two thousand hours as a hair designer in a licensed hair	1797
design salon or as a cosmetologist in a licensed beauty salon;	1798

(2) Has a school of cosmetology licensed in this state	1799
certify to the board that the applicant has successfully	1800
completed, in addition to the hours required for licensure as a	1801
hair designer or cosmetologist, at least two hundred forty hours	1802
of board-approved managing hair designer training and passes an	1803
examination for a managing hair designer's license conducted under	1804
section 4713.24 of the Revised Code.	1805

(H) In the case of an applicant for an initial managing	1806
manicurist license, does either of the following:	1807

(1) Has the licensed managing manicurist, licensed managing	1808
cosmetologist, or owner of a licensed nail salon, licensed beauty	1809
salon, or licensed barber shop located in this or another state	1810
certify to the board that the applicant has practiced manicuring	1811
for at least two thousand hours as a manicurist in a licensed nail	1812
salon or licensed barber shop or as a cosmetologist in a licensed	1813
beauty salon or licensed barber shop;	1814

(2) Has a school of cosmetology licensed in this state	1815
certify to the board that the applicant has successfully	1816
completed, in addition to the hours required for licensure as a	1817
manicurist or cosmetologist, at least one hundred thirty hours of	1818
board-approved managing manicurist training and passes an	1819
examination for a managing manicurist license conducted under	1820
section 4713.24 of the Revised Code.	1821

(I) In the case of an applicant for an initial managing	1822
natural hair stylist license, does either of the following:	1823

(1) Has the licensed managing natural hair stylist, licensed	1824
managing cosmetologist, or owner of a licensed natural hair style	1825
salon or licensed beauty salon located in this or another state	1826
certify to the board that the applicant has practiced natural hair	1827
styling for at least two thousand hours as a natural hair stylist	1828
in a licensed natural hair style salon or as a cosmetologist in a	1829
licensed beauty salon;	1830

(2) Has a school of cosmetology licensed in this state	1831
certify to the board that the applicant has successfully	1832
completed, in addition to the hours required for licensure as	1833
natural hair stylist or cosmetologist, at least one hundred fifty	1834
hours of board-approved managing natural hair stylist training and	1835
passes an examination for a managing natural hair stylist license	1836
conducted under section 4713.24 of the Revised Code.	1837

(J) In the case of an applicant for an initial license to	1838
manage a salon in which a branch of cosmetology identified in	1839
rules adopted under section 4713.09 of the Revised Code is	1840
practiced, satisfies the additional conditions for licensure	1841
established by those rules.	1842

Sec. 4713.31. The state board of cosmetology shall issue an	1843
instructor license to an applicant who satisfies all of the	1844
following applicable conditions:	1845

(A) Is at least eighteen years of age;

1846

(B) Is of good moral character;

1847

(C) Has the equivalent of an Ohio public school twelfth	1848
grade education;	1849

(D) Pays to the board the applicable fee;

1850

(E) In the case of an applicant for an initial cosmetology	1851
instructor license, holds a current, valid managing cosmetologist	1852
license issued in this state and does either of the following:	1853

(1) Has the licensed managing cosmetologist or owner of the	1854
licensed beauty salon in which the applicant has been employed	1855
certify to the board that the applicant has engaged in the	1856
practice of cosmetology in a licensed beauty salon for at least	1857
two thousand hours;	1858

(2) Has a school of cosmetology licensed in this state	1859
certify to the board that the applicant has successfully completed	1860
one thousand hours of board-approved cosmetology instructor	1861
training as an apprentice instructor.	1862

(F) In the case of an applicant for an initial esthetics	1863
instructor license, holds a current, valid managing esthetician or	1864
managing cosmetologist license issued in this state and does	1865
either of the following:	1866

(1) Has the licensed managing esthetician, licensed managing	1867
cosmetologist, or owner of the licensed esthetics salon or	1868
licensed beauty salon in which the applicant has been employed	1869
certify to the board that the applicant has engaged in the	1870
practice of esthetics in a licensed esthetics salon or practice of	1871
cosmetology in a licensed beauty salon for at least two thousand	1872
hours;	1873

(2) Has a school of cosmetology licensed in this state	1874
certify to the board that the applicant has successfully completed	1875
at least five hundred hours of board-approved esthetics instructor	1876
training as an apprentice instructor.	1877

(G) In the case of an applicant for an initial hair design	1878
instructor license, holds a current, valid managing hair designer	1879
or managing cosmetologist license and does either of the	1880
following:	1881

(1) Has the licensed managing hair designer, licensed	1882
managing cosmetologist, or owner of the licensed hair design salon	1883
or licensed beauty salon in which the applicant has been employed	1884
certify to the board that the applicant has engaged in the	1885
practice of hair design in a licensed hair design salon or	1886
practice of cosmetology in a licensed beauty salon for at least	1887
two thousand hours;	1888

(2) Has a school of cosmetology licensed in this state	1889
certify to the board that the applicant has successfully completed	1890
at least eight hundred hours of board-approved hair design	1891
instructor's training as an apprentice instructor.	1892

(H) In the case of an applicant for an initial manicurist	1893
instructor license, holds a current, valid managing manicurist or	1894
managing cosmetologist license and does either of the following:	1895

(1) Has the licensed managing manicurist, licensed managing	1896
cosmetologist, or owner of the licensed nail salon or licensed	1897
beauty salon in which the applicant has been employed certify to	1898
the board that the applicant has engaged in the practice of	1899
manicuring in a licensed nail salon or practice of cosmetology in	1900
a licensed beauty salon for at least two thousand hours;	1901

(2) Has a school of cosmetology licensed in this state	1902
certify to the board that the applicant has successfully completed	1903
at least three hundred hours of board-approved manicurist	1904
instructor training as an apprentice instructor.	1905

(I) In the case of an applicant for an initial natural hair	1906
style instructor license, holds a current, valid managing natural	1907
hair stylist or managing cosmetologist license and does either of	1908
the following:	1909

(1) Has the licensed managing natural hair stylist, licensed	1910
managing cosmetologist, or owner of the licensed natural hair	1911
style salon or licensed beauty salon in which the applicant has	1912
been employed certify to the board that the applicant has engaged	1913
in the practice of natural hair styling in a licensed natural hair	1914
style salon or practice of cosmetology in a licensed beauty salon	1915
for at least two thousand hours;	1916

(2) Has a school of cosmetology licensed in this state	1917
certify to the board that the applicant has successfully completed	1918
at least four hundred hours of board-approved natural hair style	1919
instructor training as an apprentice instructor.	1920

(J) In the case of an applicant for an initial license to	1921
teach the theory and practice of a branch of cosmetology	1922
identified in rules adopted under section 4713.09 of the Revised	1923
Code, satisfies the additional conditions for licensure	1924
established by those rules.	1925

Sec. 4713.32. When determining the total hours of instruction	1926
received by an applicant for a license under section 4713.28,	1927
4713.30, or 4713.31 of the Revised Code, the state board of	1928
cosmetology shall not take into account more than eight hours of	1929
instruction per day. The board shall take into account	1930
instruction received more than five years prior to the date of	1931
application for the license in accordance with rules adopted under	1932
section 4713.08 of the Revised Code.	1933

Sec. 4713.09.        Sec. 4713.34. Upon application to theThe state	1934
board of cosmetology, as provided in section 4713.05 of the	1935
Revised Code, accompanied by the required license fee, a person	1936
shall issue a license to practice a branch of cosmetology,	1937
managing license, or instructor license to an applicant who is	1938
licensed or registered as a cosmetologist or in anyin another	1939
state or country to practice that branch of cosmetology under the	1940
laws of any other state or country, or territory of the United	1941
States, or the District of Columbia, where similar reciprocity is	1942
extended to the state of Ohio, shall without examination, unless	1943
the board, in its discretion, sees fit to require examination, be	1944
granted a license to practice the occupation in which the person	1945
is licensed or registered upon, manage that type of salon, or	1946
teach the theory and practice of that branch of cosmetology, as	1947
appropriate, if all of the following conditions are satisfied:	1948

(A) The applicant satisfies all of the following conditions:	1949
that the applicant is	1950

(1) Is not less than eighteen years of age,;

1951

(2) Is of good moral character, and excepting the states	1952
which do not license the practice of cosmetology, esthetics, or	1953
manicuring, in which case the board shall exercise its discretion	1954
in the granting of reciprocity, and that the requirements for	1955
registration or license of a cosmetologist and those engaged in	1956
the practice of any branch of cosmetology, in the particular	1957
state, territory, or District of Columbia, or any other state or	1958
country, were at the date of the previous registration or	1959
licensing,;	1960

(3) In the case of an applicant for a practicing license or	1961
managing license, passes an examination conducted under section	1962
4713.24 of the Revised Code for the license the applicant seeks,	1963
unless the applicant satisfies conditions specified in rules	1964
adopted under section 4713.08 of the Revised Code for the board to	1965
issue the applicant a license without taking the examination;	1966

(4) Pays the applicable fee.

1967

(B) At the time the applicant obtained the license or	1968
registration in the other state or country, the requirements in	1969
this state for obtaining the license the applicant seeks were	1970
substantially equal to the other state or country's requirements	1971
then enforced in this state.	1972

(C) The jurisdiction that issued the applicant's license or	1973
registration extends similar reciprocity to persons holding a	1974
license issued by the board.	1975

Sec. 4713.35. A person who holds a current, valid	1976
cosmetologist license issued by the state board of cosmetology may	1977
engage in the practice of one or more branches of cosmetology as	1978
the person chooses.	1979

A person who holds a current, valid esthetician license	1980
issued by the board may engage in the practice of esthetics but no	1981
other branch of cosmetology.	1982

A person who holds a current, valid hair designer license	1983
issued by the board may engage in the practice of hair design but	1984
no other branch of cosmetology.	1985

A person who holds a current, valid manicurist license issued	1986
by the board may engage in the practice of manicuring but no other	1987
branch of cosmetology.	1988

A person who holds a current, valid natural hair stylist	1989
license issued by the board may engage in the practice of natural	1990
hair styling but no other branch of cosmetology.	1991

A person who holds a current, valid license issued by the	1992
board to practice a branch of cosmetology identified in rules	1993
adopted under section 4713.09 of the Revised Code may engage in	1994
the practice of that branch of cosmetology but no other branch of	1995
cosmetology.	1996

A person who holds a current, valid managing cosmetologist	1997
license issued by the board may manage all types of salons and	1998
engage in the practice of one or more branches of cosmetology as	1999
the person chooses.	2000

A person who holds a current, valid managing esthetician	2001
license issued by the board may manage an esthetics salon, but no	2002
other type of salon, and engage in the practice of esthetics, but	2003
no other branch of cosmetology.	2004

A person who holds a current, valid managing hair designer	2005
license issued by the board may manage a hair design salon, but no	2006
other type of salon, and engage in the practice of hair design,	2007
but no other branch of cosmetology.	2008

A person who holds a current, valid managing manicurist	2009
license issued by the board may manage a nail salon, but no other	2010
type of salon, and engage in the practice of manicuring, but no	2011
other branch of cosmetology.	2012

A person who holds a current, valid managing natural hair	2013
stylist license issued by the board may manage a natural hair	2014
style salon, but no other type of salon, and engage in the	2015
practice of natural hair styling, but no other branch of	2016
cosmetology.	2017

A person who holds a current, valid license issued by the	2018
board to manage a type of salon in which a branch of cosmetology	2019
identified in rules adopted under section 4713.09 of the Revised	2020
Code is practiced may manage that type of salon, but no other type	2021
of salon, and engage in the practice of that branch of	2022
cosmetology, but no other branch of cosmetology.	2023

A person who holds a current, valid cosmetology instructor	2024
license issued by the board may teach the theory and practice of	2025
one or more branches of cosmetology at a school of cosmetology as	2026
the person chooses.	2027

A person who holds a current, valid esthetics instructor	2028
license issued by the board may teach the theory and practice of	2029
esthetics, but no other branch of cosmetology, at a school of	2030
cosmetology.	2031

A person who holds a current, valid hair design instructor	2032
license issued by the board may teach the theory and practice of	2033
hair design, but no other branch of cosmetology, at a school of	2034
cosmetology.	2035

A person who holds a current, valid manicurist instructor	2036
license issued by the board may teach the theory and practice of	2037
manicuring, but no other branch of cosmetology, at a school of	2038
cosmetology.	2039

A person who holds a current, valid natural hair style	2040
instructor license issued by the board may teach the theory and	2041
practice of natural hair styling, but no other branch of	2042
cosmetology, at a school of cosmetology.	2043

A person who holds a current, valid license to teach the	2044
theory and practice of a branch of cosmetology identified in rules	2045
adopted under section 4713.09 of the Revised Code may teach the	2046
theory and practice of that branch of cosmetology, but no other	2047
branch of cosmetology, at a school of cosmetology.	2048

Sec. 4713.36. A licensed manicurist or licensed managing	2049
manicurist may engage in the practice of manicuring at a nail	2050
salon or beauty salon licensed under section 4713.41 of the	2051
Revised Code or a barber shop licensed under Chapter 4709. of the	2052
Revised Code.	2053

Sec. 4713.37. (A) The state board of cosmetology may issue a	2054
temporary special occasion work permit to a person who satisfies	2055
all of the following conditions:	2056

(1) Has been licensed or registered in another state or	2057
country to practice a branch of cosmetology or teach the theory	2058
and practice of a branch of cosmetology for at least five years;	2059

(2) Is a recognized expert in the practice or teaching of	2060
the branch of cosmetology the person practices or teaches;	2061

(3) Is to practice that branch of cosmetology or teach the	2062
theory and practice of that branch of cosmetology in this state as	2063
part of a promotional or instructional program for no more than	2064
the amount of time a temporary special occasion work permit is	2065
effective;	2066

(4) Satisfies all other conditions for a temporary special	2067
occasion work permit established by rules adopted under section	2068
4713.08 of the Revised Code;	2069

(5) Pays the fee established by rules adopted under section	2070
4713.08 of the Revised Code.	2071

(B) A person issued a temporary special occasion work permit	2072
may practice the branch of cosmetology the person practices in	2073
another state or country, or teach the theory and practice of the	2074
branch of cosmetology the person teaches in another state or	2075
country, until the expiration date of the permit. A temporary	2076
special occasion work permit is valid for the period of time	2077
specified in rules adopted under section 4713.08 of the Revised	2078
Code.	2079

Sec. 4713.39. The state board of cosmetology shall issue a	2080
license to engage in the practice of a branch of cosmetology as an	2081
independent contractor to an applicant who pays the applicable	2082
fee; holds a current, valid license to manage the type of salon in	2083
which the applicant will practice that branch of cosmetology; and	2084
satisfies the conditions for the license established by rules	2085
adopted under section 4713.08 of the Revised Code.	2086

Sec. 4713.14.        Sec. 4713.41. (A) Beauty salons shall be inThe	2087
state board of cosmetology shall issue a license to operate a	2088
salon to an applicant who pays the applicable fee and affirms that	2089
all of the following conditions will be met:	2090

(A) A person holding a current, valid managing	2091
cosmetologist license or license to manage that type of salon has	2092
charge of and under the immediate supervision of a licensed	2093
managing cosmetologist and esthetics salons shall be in charge of	2094
and under the immediate supervision of a licensed managing	2095
cosmetologist or a licensed managing esthetician. Beauty salons	2096
and esthetics salons shall beover the salon.	2097

(B) The salon is equipped to providedo all of the	2098
following:	2099

(1) Provide potable running hot and cold water and proper	2100
drainage, to sanitize;	2101

(2) Sanitize all instruments and supplies used therein in	2102
the practicebranch of cosmetology and any of its branches, and to	2103
sterilizeprovided at the salon;	2104

(3) If cosmetic therapy, massage therapy, or other	2105
professional service is provided at the salon under section	2106
4713.42 of the Revised Code, sanitize all instruments and supplies	2107
used therein byin the cosmetic therapists authorized to practice	2108
under section 4731.15 of the Revised Codetherapy, massage	2109
therapy, or other professional service.	2110

(C) Except as provided in division (C) of this section,	2111
rooms licensed as beauty salons or esthetics salons shall be used	2112
only for the practice of services regulated and licensed under	2113
this chapter and section 4731.15sections 4713.42 and 4713.49 of	2114
the Revised Code, beonly the branch of cosmetology that the salon	2115
is licensed to provide is practiced at the salon.	2116

(D) The salon is kept in a clean and sanitary condition, and	2117
be properly ventilated. Nothing in this section shall be construed	2118
to forbid the retailing of cosmetics, preparations, tonics,	2119
antiseptics, creams, lotions, wigs, postiches, and other items	2120
related to the practice of cosmetology, including clothing, or	2121
forbid the provision of glamour photography, in a beauty salon or	2122
esthetics salon.	2123

(E) No food shall beis sold in rooms used as beauty salons	2124
or esthetics salonsat the salon in a manner inconsistent with	2125
rules adopted under section 4713.08 of the Revised Code.	2126

(B) Nail salons shall be in charge of and under the	2127
immediate supervision of a licensed managing manicurist or a	2128
licensed managing cosmetologist. Nail salons shall be equipped to	2129
provide potable running hot and cold water and proper drainage,	2130
and to sanitize all instruments and supplies used therein in the	2131
manicuring of nails or in the practice of massage. Rooms licensed	2132
as nail salons shall be used only for the practice of services	2133
regulated and licensed under this chapter, and must be kept in a	2134
clean and sanitary condition and be properly ventilated. Nothing	2135
in this section shall be construed to forbid the retailing of	2136
cosmetics, creams, lotions, and other items related to the	2137
manicuring of nails, including clothing, in a nail salon. No food	2138
shall be sold in rooms used as nail salons.	2139

(C) Where the owner or operator of a beauty salon, nail	2140
salon, or a school of cosmetology has a permit issued under	2141
section 4713.25 of the Revised Code, tanning facilities may be	2142
operated in beauty salons, nail salons, and schools of cosmetology	2143
in accordance with rules that the state board of cosmetology may	2144
adopt pertaining to the operation of tanning facilities in beauty	2145
salons, nail salons, and schools.	2146

(D) The owner or operator of a beauty salon or nail salon	2147
may provide massage services at the salon if the services are	2148
provided in accordance with any rules adopted under section	2149
4713.02 of the Revised Code and the person giving the service	2150
holds a current, valid certificate issued under section 4731.15 of	2151
the Revised Code. Any room used to provide massage services in a	2152
salon shall be used for only that purpose and is subject to the	2153
requirements relating to cleanliness and ventilation established	2154
in division (A) of this section.	2155

Sec. 4713.42. A person holding a current, valid certificate	2156
issued under section 4731.15 of the Revised Code to provide	2157
cosmetic therapy or massage therapy may provide cosmetic therapy	2158
or massage therapy, as appropriate, in a salon. A person holding	2159
a current, valid license or certificate issued by a professional	2160
regulatory board of this state may practice the person's	2161
profession in a salon if the person's profession is authorized by	2162
rules adopted under section 4713.08 of the Revised Code to	2163
practice in a salon.	2164

A person providing cosmetic therapy, massage therapy, or	2165
other professional service in a salon pursuant to this section	2166
shall satisfy the standards established by rules adopted under	2167
section 4713.08 of the Revised Code.	2168

Sec. 4713.15.        Sec. 4713.44. SchoolsThe state board of cosmetology	2169
shall issue a license to operate a school of cosmetology shall	2170
meetto an applicant who pays the applicable fee and satisfies all	2171
of the following requirements:	2172

(A) Maintain a school term of not less than fifteen hundred	2173
hours for the majority of the practices of cosmetology and not	2174
less than six hundred hours' instruction and practical training in	2175
the field of esthetics, and maintainMaintains a course of	2176
practical training and technical instruction for the branch or	2177
branches of cosmetology to be taught at the school equal to the	2178
requirements for admission to an examination for license as a	2179
cosmetologist and an esthetician set forth inunder section	2180
4713.064713.24 of the Revised Code that a person must pass to	2181
obtain a license to practice that branch or those branches of	2182
cosmetology;	2183

(B) PossessPossesses or makemakes available apparatus and	2184
equipment sufficient for the ready and full teaching of all	2185
subjects of the curriculum;	2186

(C) MaintainMaintains persons licensed as cosmetology,	2187
manicurist, and esthetics instructors, under section 4713.04	2188
4713.31 or 4713.34 of the Revised Code, as instructors ofto teach	2189
the theory and practicespractice of the branches of cosmetology.	2190
They may employ persons not licensed as instructors as teachers of	2191
subjects related to cosmetology, provided a licensed cosmetology	2192
instructor is present.;	2193

(D) NotifyNotifies the state board of cosmetology of the	2194
enrollment of each new student, keep a daily record of the	2195
attendance of each student andkeeps a record devoted to the	2196
different practices, establishestablishes grades, and holdholds	2197
examinations in order to certify the students' completion of the	2198
prescribed course of study before the issuance of certificates of	2199
completion.;	2200

(E) FileIn the case of a school of cosmetology that offers	2201
clock hours for the purpose of satisfying minimum hours of	2202
training and instruction, keeps a daily record of the attendance	2203
of each student;	2204

(F) On the date that an apprentice cosmetology instructor	2205
begins cosmetology instructor training at the school, certifies	2206
the name of the apprentice cosmetology instructor to the board	2207
along with the date on which the apprentice's instructor training	2208
began;	2209

(G) Instructs no more than six apprentice cosmetology	2210
instructors at any one time;	2211

(H) Files with the board a good and sufficient surety bond	2212
executed by the person, firm, or corporation operating the school	2213
of cosmetology as principal and by a surety company as surety in	2214
the amount of ten thousand dollars; provided, that this	2215
requirement does not apply to a vocational program conducted by a	2216
city, exempted village, local, or joint vocational school	2217
district. The bond shall be in the form prescribed by the board	2218
and be conditioned upon the school's continued instruction in the	2219
theory and practice of the branches of cosmetology. Every bond	2220
shall continue in effect until notice of its termination is given	2221
to the board by registered mail and every bond shall so provide.	2222

Any student who is injured or damaged by reason of a school's	2223
failure to continue instruction in the theory and practice of	2224
cosmetology may maintain an action on the bond against the school,	2225
or surety named therein, or both of them, for the recovery of any	2226
money or tuition paid in advance, for instruction in the theory	2227
and practice of cosmetology which was not received. The aggregate	2228
liability of the surety to all students shall not exceed the sum	2229
of the bond.	2230

No branch of cosmetology shall be taught in a beauty salon to	2231
persons not licensed as cosmetologists.	2232

Sec. 4713.45. (A) A school of cosmetology may do the	2233
following:	2234

(1) In accordance with rules adopted under section 4713.08	2235
of the Revised Code, offer clock or credit hours for the purpose	2236
of satisfying minimum hours of training and instruction;	2237

(2) Allow an apprentice cosmetology instructor the regular	2238
quota of students prescribed by the state board of cosmetology if	2239
a cosmetology instructor is present;	2240

(3) Compensate an apprentice cosmetology instructor;

2241

(4) Subject to division (B) of this section, employ a	2242
person who does not hold a current, valid instructor license to	2243
teach subjects related to a branch of cosmetology.	2244

(B) A school of cosmetology shall have a licensed cosmetology	2245
instructor present when a person employed pursuant to division	2246
(A)(4) of this section teaches at the school, unless the person is	2247
one of the following:	2248

(1) A person with a current, valid teacher's certificate or	2249
educator license issued by the state board of education;	2250

(2) A person with a bachelor's degree in the subject the	2251
person teaches at the school;	2252

(3) A person also employed by a university or college to	2253
teach the subject the person teaches at the school.	2254

Sec. 4713.46. A student who is injured or damaged by reason	2255
of the failure of a school of cosmetology to continue instruction	2256
in the theory and practice of a branch of cosmetology may maintain	2257
an action on the bond against the school, or surety named therein,	2258
or both of them, for the recovery of any money or tuition paid in	2259
advance for instruction in the theory and practice of a branch of	2260
cosmetology that was not received. The aggregate liability of the	2261
surety to all students shall not exceed the sum of the bond.	2262

Sec. 4713.25.        Sec. 4713.48.  (A) As used in this section, "tanning	2263
facility" means a room or booth which houses equipment or beds	2264
used for tanning the human skin by the use of fluorescent sun	2265
lamps using ultraviolet or other artificial radiation.	2266

(B) The state board of cosmetology, pursuant to Chapter 119.	2267
of the Revised Code, shall adopt rules:	2268

(1) Requiring that tanning facilities be installed and	2269
operated in a manner that ensures the health and safety of	2270
consumers using them;	2271

(2) Establishing the procedures governing applications for	2272
permits required by this section;	2273

(3) Setting fees for permits and renewal which cover the	2274
costs incurred by the board in inspecting tanning facilities and	2275
enforcing the rules of the board, but which in any case shall not	2276
exceed one hundred dollars for a permit or renewal for each	2277
location of such facilities.	2278

(C) The rules adopted under division (B)(1) of this section	2279
shall include but not be limited to the following:	2280

(1) A rule establishing a maximum safe time of exposure to	2281
radiation and a maximum safe temperature at which sun lamps may be	2282
operated;	2283

(2) A rule requiring that the consumer wear protective	2284
eyeglasses and that the consumer be supervised as to the length of	2285
time he uses a tanning facility;	2286

(3) A rule requiring the operator to prohibit consumers from	2287
standing too close to sun lamps and to post signs warning	2288
consumers of the potential effects of radiation on persons taking	2289
certain medications and of the possible relationship of the	2290
radiation to skin cancer;	2291

(4) A rule requiring the installation of protective	2292
shielding for sun lamps and handrails for consumers;	2293

(5) A rule requiring that floors be dry during operation of	2294
lamps.	2295

(D) No person shall own or operate any tanning facilities	2296
that are offered to the public for a fee or other compensation	2297
unless the person holds a valid permit issued by the board. The	2298
permit holder shall post the permit in a conspicuous place on any	2299
premises where the tanning facilities are located. A person shall	2300
obtain a separate permit for each of the premises owned or	2301
operated by that person.	2302

(E) The state board of cosmetology shall issue a permit to	2303
any person who filesoperate a tanning facility to an applicant if	2304
all of the following conditions are satisfied:	2305

(1) The applicant applies in accordance with the application	2306
on a form prescribedprocess adopted by the board andrules	2307
adopted under section 4713.08 of the Revised Code.	2308

(2) The applicant pays to the treasurer of state the fee	2309
established by the board, if anthose rules.	2310

(3) An initial inspection of the premises indicates that the	2311
premises and the tanning facilities arefacility has been	2312
installed and will be operated in accordance with anythose rules	2313
established under division (B)(1) of this section.	2314

(B) A permit holder shall post the permit in a public and	2315
conspicuous place on any premises where the tanning facility is	2316
located. A person shall obtain a separate permit for each of the	2317
premises owned or operated by that person at which the person	2318
seeks to operate a tanning facility.	2319

(C) A permit holder may biennially renew a permit by the	2320
thirtiethlast day of January of each odd-numbered year upon	2321
payment to the treasurer of state of the biennial renewal fee,	2322
except that the board may, after a hearing in accordance with	2323
Chapter 119. of the Revised Code, refuse to renew the permit of	2324
any owner or operator who has violated the rules of the board for	2325
the safe operation of tanning facilities.	2326

(F) The board may appoint inspectors as needed who shall	2327
make periodic inspections of tanning facilities as specified by	2328
the board. The board, after a hearing in accordance with Chapter	2329
119. of the Revised Code, may suspend any permit where the owner	2330
or operator fails to correct any unsafe conditions that exist in	2331
violation of the rules of the board or fails to cooperate in any	2332
inspection of tanning facilities by the inspector.	2333

If any violation has resulted in a condition deemed by an	2334
inspector to create an immediate danger to the health and safety	2335
of any person using the tanning facilities, the inspector may	2336
suspend the permit without a prior hearing until the unsafe	2337
condition is corrected or until a hearing in accordance with	2338
Chapter 119. of the Revised Code is held and the board either	2339
upholds the suspension by the inspector or reinstates the permit.	2340

Sec. 4713.49. The owner or manager of a salon that has a	2341
permit issued under section 4713.48 of the Revised Code may	2342
operate a tanning facility at the salon or school.	2343

Sec. 4713.08.        Sec. 4713.55.  Every license issued by the state	2344
board of cosmetology shall be signed by the chairmanchairperson	2345
and attested by the executive director thereof, with the seal of	2346
the board attached; and every such license shall be.	2347

The board shall specify on each practicing license that the	2348
board issues the branch of cosmetology that the license entitles	2349
the holder to practice. The board shall specify on each managing	2350
license that the board issues the type of salon that the license	2351
entitles the holder to manage and the branch of cosmetology that	2352
the license entitles the holder to practice. The board shall	2353
specify on each instructor license that the board issues the	2354
branch of cosmetology that the license entitles the holder to	2355
teach. Such licenses are prima-facie evidence of the right of the	2356
holder to practice or teach the branch of cosmetology, or the	2357
branch thereof whichmanage the type of salon, that the license	2358
designatesspecifies.	2359

Sec. 4713.16.        Sec. 4713.56.  Every holder of a practicing license,	2360
managing license, instructor license, or independent contractor	2361
license issued by the state board of cosmetology to operate a	2362
school of cosmetology, nail salon, beauty salon, or esthetics	2363
salon, or to practice cosmetology or any branch of cosmetology,	2364
shall display the license in a public and conspicuous place in the	2365
principal office, place of business, or place of employment of the	2366
holder.	2367

Every holder of a license to operate a salon issued by the	2368
board shall display the license in a public and conspicuous place	2369
in the salon.	2370

Every holder of a license to operate a school of cosmetology	2371
issued by the board shall display the license in a public and	2372
conspicuous place in the school.	2373

Every holder of a current, valid certificate of registration	2374
issued under section 4731.15 of the Revised Code to practice	2375
massage,person who practicesprovides cosmetic therapy, massage	2376
therapy, or other professional service in a salon under section	2377
4713.144713.42 of the Revised Code, shall display the person's	2378
professional license or certificate in a public and conspicuous	2379
place in the room used for massage servicesthe therapy or other	2380
service.	2381

Sec. 4713.57. A license issued by the state board of	2382
cosmetology is valid until the last day of January of the	2383
odd-numbered year following its original issuance or renewal,	2384
unless the license is revoked or suspended prior to that date.	2385
Renewal shall be done in accordance with the standard renewal	2386
procedure of Chapter 4745. of the Revised Code. The board may	2387
refuse to renew a license if the person holding the license has an	2388
outstanding unpaid fine levied under section 4713.64 of the	2389
Revised Code.	2390

Sec. 4713.58. (A) Except as provided in division (B) of this	2391
section, on payment of the renewal fee and submission of proof	2392
satisfactory to the state board of cosmetology that any applicable	2393
continuing education requirements have been completed, a person	2394
currently licensed as:	2395

(1) A cosmetology instructor who has previously been	2396
licensed as a cosmetologist or a managing cosmetologist, is	2397
entitled to the reissuance of a cosmetologist or managing	2398
cosmetologist license;	2399

(2) An esthetics instructor who has previously been	2400
licensed as an esthetician or a managing esthetician, is entitled	2401
to the reissuance of an esthetician or managing esthetician	2402
license;	2403

(3) A hair design instructor who has previously been	2404
licensed as a hair designer or a managing hair designer, is	2405
entitled to the reissuance of a hair designer or managing hair	2406
designer license;	2407

(4) A manicurist instructor who has previously been	2408
licensed as a manicurist or a managing manicurist, is entitled to	2409
the reissuance of a manicurist or managing manicurist license;	2410

(5) A natural hair style instructor who has previously been	2411
licensed as a natural hair stylist or a managing natural hair	2412
stylist, is entitled to the reissuance of a natural hair stylist	2413
or managing natural hair stylist license;	2414

(6) An instructor of a branch of cosmetology identified in	2415
rules adopted under section 4713.09 of the Revised Code who has	2416
previously been licensed to practice that branch of cosmetology or	2417
manage a salon in which that branch of cosmetology is practiced,	2418
is entitled to the reissuance of a license to practice that branch	2419
of cosmetology or manage that type of salon.	2420

(B) No person is entitled to the reissuance of a license	2421
under division (A) of this section if the license was revoked or	2422
suspended or the person has an outstanding unpaid fine levied	2423
under section 4713.64 of the Revised Code.	2424

Sec. 4713.111.        Sec. 4713.59. (A) As used in this section,	2425
"biennial licensing period" means the two-year period beginning on	2426
the thirty-first day of January of an odd-numbered year and ending	2427
on the thirtieth day of January of the next odd-numbered year.	2428

(B) TheIf the state board of cosmetology may adoptadopts	2429
rules in accordance with Chapter 119.under section 4713.09 of the	2430
Revised Code to establish a continuing education requirement as a	2431
condition of renewal for anya practicing license issued under	2432
this chapter. The board may implement a continuing education	2433
requirement for all persons licensed under this chapter or for any	2434
class or combination of classes of such persons.	2435

The, managing license, or instructor license, the board shall	2436
inform each affected licensee of the continuing education	2437
requirement that applies to the next biennial licensing period by	2438
including a notification in the license renewal application form	2439
it sends the licensee. The notification shall state that the	2440
licensee must complete the continuing education requirement by the	2441
thirtiethlast day of January of the next odd-numbered year.	2442

(C) A continuing education requirement established under	2443
this section shall not exceed eight hours in any biennial	2444
licensing period. Hours completed in excess of the continuing	2445
education requirement may not be applied to the next biennial	2446
licensing period.	2447

(D) If a continuing education requirement is established,	2448
the board's rules shall establish a schedule of reasonable prices	2449
that may be charged for attending continuing education programs	2450
approved under this section. The board shall ensure that a	2451
sufficient number of programs are available at such reasonable	2452
prices so that a licensee who so desires may meet the continuing	2453
education requirement at a cost of not more than fifty dollars.	2454
The board's rules may establish a maximum cost for meeting the	2455
continuing education requirement in excess of fifty dollars,	2456
provided that the cost does not exceed seventy-five dollars.	2457

(E) Any person desiring to offer a program for continuing	2458
education credit shall, before offering the program, apply to the	2459
board for approval of the program and the price that will be	2460
charged for attending the program. The board shall encourage	2461
applicants for approval to charge the applicable reasonable price	2462
established in rules adopted under this section. The board may	2463
approve a program even if the price for attending the program	2464
exceeds the applicable reasonable price.	2465

If the board approves a program, the applicant may offer the	2466
program for continuing education credit. The board shall charge	2467
the applicant an approval fee adequate to cover any expense	2468
incurred by the board through the approval process.	2469

The board may approve a program for continuing education	2470
credit only if the applicant is an employee, officer, or director	2471
of a nonprofit professional association, college or university,	2472
vocational school, postsecondary proprietary school of cosmetology	2473
licensed by the board, or manufacturer of supplies or equipment	2474
used in the practice of cosmetology. The board shall not approve	2475
a program unless the program will do at least one of the	2476
following:	2477

(1) Enhance the professional competency of the affected	2478
licensees;	2479

(2) Protect the public;

2480

(3) Educate the affected licensees in the application of the	2481
laws and rules regulating the practice of cosmetology.	2482

(F) A person offering programs approved for continuing	2483
education credit shall provide the board with a tentative schedule	2484
of programs. The board shall ensure that a sufficient number of	2485
programs are scheduled at times frequent enough to make the	2486
programs readily available to all licensees throughout the state.	2487

(G) If the board adopts a continuing education requirement	2488
under this section, upon a review of reported violations of this	2489
chapter and the board's rules, the board may determine that a	2490
continuing education program focusing on certain sections of this	2491
chapter and the board's rules would be beneficial to the	2492
profession of cosmetology and the public. Once this determination	2493
has been made, the board may develop a continuing education	2494
program that is designed to correct the violations, and may make	2495
necessary arrangements to conduct the continuing education	2496
program. The program shall be available to all licensees. The	2497
board shall charge a fee for attending the program sufficient to	2498
cover any costs incurred by the board. Satisfactory completion of	2499
the program may be applied toward completion of the continuing	2500
education requirement.	2501

Sec. 4713.11.        Sec. 4713.60.  (A) Every licensee, as provided in	2502
sections 4713.01 to 4713.25 of the Revised Code, shall renew his	2503
license by the thirtieth day of January of each odd-numbered year	2504
by applying to the state board of cosmetology pursuant to the	2505
standard renewal procedure of Chapter 4745. of the Revised Code.	2506
Application shall be made on forms provided by the board and shall	2507
include the renewal fee established under section 4713.10 of the	2508
Revised Code. Except as provided in division (C) of this section,	2509
the applicanta person seeking a renewal of a license to practice	2510
a branch of cosmetology, managing license, or instructor license	2511
shall include in the renewal application proof satisfactory to the	2512
board of completion of any applicable continuing education	2513
requirements established by rules adopted by the board under	2514
section 4713.1114713.09 of the Revised Code.	2515

(B) If an applicant fails to provide satisfactory proof of	2516
completion of any applicable continuing education requirements,	2517
the board shall notify the applicant that the application is	2518
incomplete. The board shall not renew the license until the	2519
applicant provides satisfactory proof of completion of any	2520
applicable continuing education requirements. The board may	2521
provide the applicant with an extension of up to ninety days in	2522
which to complete the continuing education requirement. In	2523
providing for the extension, the board may charge the licensee a	2524
fine of up to one hundred dollars.	2525

(C) The board may waive, or extend the period for	2526
completing, any continuing education requirement adopted under	2527
section 4713.111 of the Revised Code if a licensee applies to the	2528
board and provides proof satisfactory to the board of being unable	2529
to complete the requirement within the time allowed because of any	2530
of the following:	2531

(1) An emergency;

2532

(2) An unusual or prolonged illness;

2533

(3) Active duty service in any branch of the armed forces of	2534
the United States.	2535

The board shall determine the period of time during which	2536
each extension is effective and shall inform the applicant. The	2537
board shall also inform the applicant of the continuing education	2538
requirements that must be met to have the license renewed. If an	2539
extension is granted for less than one year, the continuing	2540
education requirement for that year, in addition to the required	2541
continuing education for the succeeding year, must be completed in	2542
the succeeding year. In all other cases the board may waive all	2543
or part of the continuing education requirement on a case-by-case	2544
basis. Any required continuing education shall be completed and	2545
satisfactory proof of its completion submitted to the board by a	2546
date specified by the board. Every license which has not been	2547
renewed in any odd-numbered year by the thirtiethlast day of	2548
January and for which the continuing education requirement has not	2549
been waived or extended shall be considered expired.	2550

(D) If the board adopts a continuing education requirement	2551
under section 4713.111 of the Revised Code, it may develop a	2552
procedure by which a licensee who is not currently engaged in the	2553
practice of cosmetology, but desires to be so engaged in the	2554
future, may apply to the board to have his license classified as	2555
inactive.	2556

Licensees desiring to have their licenses classified as	2557
inactive shall apply to the board on forms provided by the board	2558
and shall pay the fee established under this division. A license	2559
classified as inactive license shall remain inactive at least	2560
until the thirtieth day of January of the next odd-numbered year.	2561

If the board develops a procedure for classifying licenses as	2562
inactive, the board shall adopt a rule establishing a fee for	2563
having licenses classified as inactive. The fee shall reflect the	2564
costs to the board of providing the inactive license service. The	2565
board shall also adopt rules establishing a continuing education	2566
requirement to be completed to have an inactive license restored.	2567
The continuing education requirement shall be sufficient to ensure	2568
the minimum competency required by a licensee necessary to protect	2569
the public. The board shall not restore an inactive license until	2570
the licensee submits proof satisfactory to the board that the	2571
continuing education requirement has been completed.	2572

(E) Any licensed cosmetologist, managing cosmetologist,	2573
esthetician, managing esthetician, cosmetology instructor,	2574
manicurist instructor, esthetics instructor, manicurist, or	2575
managing manicurist who is not currently engaged in the practice	2576
of cosmetology and who does not hold an inactive license may have	2577
his license restored only upon payment of all lapsed renewal fees	2578
and submitting proof satisfactory to the board that any applicable	2579
continuing education requirements have been completed; provided	2580
that no cosmetologist, managing cosmetologist, esthetician,	2581
managing esthetician, cosmetology instructor, manicurist	2582
instructor, esthetics instructor, manicurist, or managing	2583
manicurist who has not been engaged in the practice of cosmetology	2584
for more than two years and who does not hold an inactive license	2585
may have his license restored without passing an examination as	2586
provided in section 4713.06 of the Revised Code.	2587

(F) Upon payment of the renewal fee provided in division (D)	2588
of section 4713.10 of the Revised Code and submitting proof	2589
satisfactory to the board that any applicable continuing education	2590
requirements have been completed, a person currently licensed as:	2591

(1) A cosmetology instructor who has previously been	2592
licensed as a cosmetologist or a managing cosmetologist, is	2593
entitled to the reissuance of a cosmetologist or managing	2594
cosmetologist license;	2595

(2) A manicurist instructor who has previously been licensed	2596
as a manicurist or a managing manicurist, is entitled to the	2597
reissuance of a manicurist or managing manicurist license;	2598

(3) An esthetics instructor who has previously been licensed	2599
as an esthetician or a managing esthetician, is entitled to the	2600
reissuance of an esthetician or managing esthetician license.	2601

(G) The board may refuse to renew the license of any salon,	2602
school, or other license holder that has outstanding an unpaid	2603
fine that was levied under section 4713.17 of the Revised Code.	2604

Sec. 4713.61. If the state board of cosmetology adopts a	2605
continuing education requirement under section 4713.09 of the	2606
Revised Code, it may develop a procedure by which a person who	2607
holds a license to practice a branch of cosmetology, managing	2608
license, or instructor license and who is not currently engaged in	2609
the practice of the branch of cosmetology, managing a salon, or	2610
teaching the theory and practice of the branch of cosmetology, but	2611
who desires to be so engaged in the future, may apply to the board	2612
to have the person's license classified inactive. If the board	2613
develops such a procedure, a person seeking to have the person's	2614
license classified inactive shall apply to the board on a form	2615
provided by the board and pay the fee established by rule adopted	2616
under section 4713.08 of the Revised Code.	2617

The board shall not restore an inactive license until the	2618
later of the following:	2619

(A) The date that the person holding the license submits	2620
proof satisfactory to the board that the person has completed the	2621
continuing education that a rule adopted under section 4713.08 of	2622
the Revised Code requires;	2623

(B) The last day of January of the next odd-numbered year	2624
following the year the license is classified inactive.	2625

Sec. 4713.62. (A) A person holding a practicing license,	2626
managing license, or instructor license may satisfy a continuing	2627
education requirement established by rules adopted under section	2628
4713.09 of the Revised Code only by completing continuing	2629
education programs approved under division (B) of this section or	2630
developed under division (C) of this section.	2631

(B) The state board of cosmetology shall approve a	2632
continuing education program if all of the following conditions	2633
are satisfied:	2634

(1) The person operating the program submits to the board a	2635
written application for approval.	2636

(2) The person operating the program pays to the board a	2637
fee established by rule adopted under section 4713.08 of the	2638
Revised Code.	2639

(3) The program is operated by an employee, officer, or	2640
director of a nonprofit professional association, college or	2641
university, vocational school, postsecondary proprietary school of	2642
cosmetology licensed by the board, salon licensed by the board, or	2643
manufacturer of supplies or equipment used in the practice of a	2644
branch of cosmetology.	2645

(4) The program will do at least one of the following:

2646

(a) Enhance the professional competency of the affected	2647
licensees;	2648

(b) Protect the public;

2649

(c) Educate the affected licensees in the application of the	2650
laws and rules regulating the practice of a branch of cosmetology.	2651

(5) The person operating the program provides the board a	2652
tentative schedule of when the program will be available so that	2653
the board can make the schedule readily available to all	2654
licensees throughout the state.	2655

(C) The board, after reviewing reported violations of this	2656
chapter and the board's rules, may determine that a continuing	2657
education program focusing on certain sections of this chapter and	2658
the board's rules would be beneficial to the practice of a branch	2659
of cosmetology and the public. Once this determination is made,	2660
the board may develop a continuing education program to provide	2661
information aimed at avoiding further violations and make	2662
necessary arrangements to conduct the continuing education	2663
program. The program shall be available to all licensees. The	2664
board shall charge a fee for attending the program sufficient to	2665
cover any costs incurred by the board. Satisfactory completion of	2666
the program may be applied toward completion of the continuing	2667
education requirement.	2668

Sec. 4713.63. A practicing license, managing license, or	2669
instructor license that has not been renewed for any reason other	2670
than because it has been revoked, suspended, or classified	2671
inactive, or because the license holder has been given a waiver or	2672
extension under section 4713.60 of the Revised Code, is expired.	2673
An expired license may be restored if the person who held the	2674
license meets all of the following applicable conditions:	2675

(A) Pays the restoration fee;

2676

(B) Pays all lapsed renewal fees;

2677

(C) Submits proof satisfactory to the state board of	2678
cosmetology that the person has completed all applicable	2679
continuing education requirements;	2680

(D) In the case of a practicing license or managing license	2681
that has been expired for more than two years, retakes and passes	2682
an examination conducted under section 4713.24 of the Revised Code	2683
for the branch of cosmetology that the person seeks to practice or	2684
type of salon the person seeks to manage.	2685

Sec. 4713.17.        Sec. 4713.64.  (A) In accordance with Chapter 119.	2686
of the Revised Code, the state board of cosmetology may deny,	2687
revoke, or suspend a license or permit issued by the board or	2688
impose a fine of not more than one hundred dollars per violation	2689
for any of the following:	2690

(1) Failure of a person operating a nail salon, beauty	2691
salon, esthetics salon, tanning facility, or school of cosmetology	2692
to comply with the requirements of sections 4713.01 to 4713.25 of	2693
the Revised Codethis chapter or rules adopted under it;	2694

(2) Failure to comply with the sanitary rules adopted by the	2695
board or by the department of health for the regulation of nail	2696
salons, beauty salons, esthetics salons, schools of cosmetology,	2697
or the practice of cosmetology;	2698

(3) Failure of a person operating a beauty salon or nail	2699
salon where massage services are provided under section 4713.14 of	2700
the Revised Code to ensure that the person providing the massage	2701
services complies with the sanitary rules adopted by the board or	2702
by the department of health for the regulation of salons;	2703

(4) Continued practice by a person knowingly having an	2704
infectious or contagious disease;	2705

(5)(3) Habitual drunkenness or addiction to any	2706
habit-forming drug;	2707

(6)(4) Willful false and fraudulent or deceptive	2708
advertising;	2709

(7)(5) Falsification of any record or application required	2710
to be filed with the board;	2711

(8)(6) Failure to pay a fine or abide by a suspension order	2712
issued by the board.	2713

(B) The board may impose a separate fine for each offense	2714
listed in division (A) of this section. The amount of a fine	2715
shall be no more than one hundred dollars if the violator has not	2716
previously been fined for that offense. The fine shall be no more	2717
than five hundred dollars if the violator has been fined for the	2718
same offense once before. The fine shall be no more than one	2719
thousand dollars if the violator has been fined for the same	2720
offense two or more times before.	2721

(C) If a person fails to request a hearing within thirty	2722
days of the date the board, in accordance with section 119.07 of	2723
the Revised Code, notifies the person of the board's intent to act	2724
against the person under division (A) of this section, the board	2725
by a majority vote of a quorum of the board members may take the	2726
action against the person without holding an adjudication hearing.	2727

(D) The board, after a hearing in accordance with Chapter	2728
119. of the Revised Code, may suspend a tanning facility permit if	2729
the owner or operator fails to correct an unsafe condition that	2730
exists in violation of the board's rules or fails to cooperate in	2731
an inspection of the tanning facility. If a violation has	2732
resulted in a condition reasonably believed by an inspector to	2733
create an immediate danger to the health and safety of any person	2734
using the tanning facility, the inspector may suspend the permit	2735
without a prior hearing until the condition is corrected or until	2736
a hearing in accordance with Chapter 119. of the Revised Code is	2737
held and the board either upholds the suspension or reinstates the	2738
permit.	2739

Sec. 4713.27.        Sec. 4713.65.  On receipt of a notice pursuant to	2740
section 3123.43 of the Revised Code, the state board of	2741
cosmetology shall comply with sections 3123.41 to 3123.50 of the	2742
Revised Code and any applicable rules adopted under section	2743
3123.63 of the Revised Code with respect to a license issued	2744
pursuant to this chapter.	2745

Sec. 4713.99.  Whoever violates section 4713.20, 4713.21, or	2746
division (D) of section 4713.254713.14 of the Revised Code is	2747
guilty of a misdemeanor of the fourth degree on a first offense;	2748
on each subsequent offense, such person is guilty of a misdemeanor	2749
of the third degree.	2750

Sec. 4717.14.  (A) The board of embalmers and funeral	2751
directors may refuse to grant or renew, or may suspend or revoke,	2752
any license issued under this chapter for any of the following	2753
reasons:	2754

(1) The license was obtained by fraud or misrepresentation	2755
either in the application or in passing the examination.	2756

(2) The applicant or licensee has been convicted of or has	2757
pleaded guilty to a felony or of any crime involving moral	2758
turpitude.	2759

(3) The applicant or licensee has purposely violated any	2760
provision of sections 4717.01 to 4717.15 or a rule adopted under	2761
any of those sections; division (A) or (B) of section 4717.23;	2762
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	2763
or divisions (H) to (K) of section 4717.26; division (D)(1) of	2764
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	2765
Revised Code; any rule or order of the department of health or a	2766
board of health of a health district governing the disposition of	2767
dead human bodies; or any other rule or order applicable to the	2768
applicant or licensee.	2769

(4) The applicant or licensee has committed immoral or	2770
unprofessional conduct.	2771

(5) The applicant or licensee knowingly permitted an	2772
unlicensed person, other than a person serving an apprenticeship,	2773
to engage in the profession or business of embalming or funeral	2774
directing under the applicant's or licensee's supervision.	2775

(6) The applicant or licensee has been habitually	2776
intoxicated, or is addicted to the use of morphine, cocaine, or	2777
other habit-forming or illegal drugs.	2778

(7) The applicant or licensee has refused to promptly submit	2779
the custody of a dead human body upon the express order of the	2780
person legally entitled to the body.	2781

(8) The licensee loaned the licensee's own license, or the	2782
applicant or licensee borrowed or used the license of another	2783
person, or knowingly aided or abetted the granting of an improper	2784
license.	2785

(9) The applicant or licensee transferred a license to	2786
operate a funeral home, embalming facility, or crematory from one	2787
owner or operator to another, or from one location to another,	2788
without notifying the board.	2789

(10) The applicant or licensee mislead the public by using	2790
false or deceptive advertising.	2791

(B)(1) The board of embalmers and funeral directors shall	2792
refuse to grant or renew, or shall suspend or revoke, an	2793
embalmer's, funeral director's, funeral home, or embalming	2794
facility license only in accordance with Chapter 119. of the	2795
Revised Code.	2796

(2) The board shall send to the crematory review board	2797
written notice that it proposes to refuse to issue or renew, or	2798
proposes to suspend or revoke, a license to operate a crematory	2799
facility. If, after the conclusion of the adjudicatory hearing on	2800
the matter conducted under division (E) of section 4717.03 of the	2801
Revised Code, the board of embalmers and funeral directors finds	2802
that any of the circumstances described in divisions (A)(1) to	2803
(10) of this section apply to the person named in its proposed	2804
action, the board may issue a final order under division (E) of	2805
section 4717.03 of the Revised Code refusing to issue or renew, or	2806
suspending or revoking, the person's license to operate a	2807
crematory facility.	2808

(C) If the board of embalmers and funeral directors	2809
determines that there is clear and convincing evidence that any of	2810
the circumstances described in divisions (A)(1) to (10) of this	2811
section apply to the holder of a license issued under this chapter	2812
and that the licensee's continued practice presents a danger of	2813
immediate and serious harm to the public, the board may suspend	2814
the licensee's license without a prior adjudicatory hearing. The	2815
executive director of the board shall prepare written allegations	2816
for consideration by the board.	2817

The board, after reviewing the written allegations, may	2818
suspend a license without a prior hearing.	2819

The board shall issue a written order of suspension by	2820
certified mail or in person in accordance with section 119.07 of	2821
the Revised Code. Such an order is not subject to suspension by	2822
the court during the pendency of any appeal filed under section	2823
119.12 of the Revised Code. If the holder of an embalmer's,	2824
funeral director's, funeral home, or embalming facility license	2825
requests an adjudicatory hearing by the board, the date set for	2826
the hearing shall be within fifteen days, but not earlier than	2827
seven days, after the licensee has requested a hearing, unless the	2828
board and the licensee agree to a different time for holding the	2829
hearing.	2830

Upon issuing a written order of suspension to the holder of a	2831
license to operate a crematory facility, the board of embalmers	2832
and funeral directors shall send written notice of the issuance of	2833
the order to the crematory review board. The crematory review	2834
board shall hold an adjudicatory hearing on the order under	2835
division (E) of section 4713.034717.03 of the Revised Code within	2836
fifteen days, but not earlier than seven days, after the issuance	2837
of the order, unless the crematory review board and the licensee	2838
agree to a different time for holding the adjudicatory hearing.	2839

Any summary suspension imposed under this division shall	2840
remain in effect, unless reversed on appeal, until a final	2841
adjudicatory order issued by the board of embalmers and funeral	2842
directors pursuant to this division and Chapter 119. of the	2843
Revised Code, or division (E) of section 4717.03 of the Revised	2844
Code, as applicable, becomes effective. The board of embalmers	2845
and funeral directors shall issue its final adjudicatory order	2846
within sixty days after the completion of its hearing or, in the	2847
case of the summary suspension of a license to operate a crematory	2848
facility, within sixty days after completion of the adjudicatory	2849
hearing by the crematory review board. A failure to issue the	2850
order within that time results in the dissolution of the summary	2851
suspension order, but does not invalidate any subsequent final	2852
adjudicatory order.	2853

(D) Any holder of a license issued under this chapter who	2854
has pleaded guilty to, has been found by a judge or jury to be	2855
guilty of, or has had a judicial finding of eligibility for	2856
treatment in lieu of conviction entered against the individual in	2857
this state for aggravated murder, murder, voluntary manslaughter,	2858
felonious assault, kidnapping, rape, sexual battery, gross sexual	2859
imposition, aggravated arson, aggravated robbery, or aggravated	2860
burglary, or who has pleaded guilty to, has been found by a judge	2861
or jury to be guilty of, or has had a judicial finding of	2862
eligibility for treatment in lieu of conviction entered against	2863
the individual in another jurisdiction for any substantially	2864
equivalent criminal offense, is hereby suspended from practice	2865
under this chapter by operation of law, and any license issued to	2866
the individual under this chapter is hereby suspended by operation	2867
of law as of the date of the guilty plea, verdict or finding of	2868
guilt, or judicial finding of eligibility for treatment in lieu of	2869
conviction, regardless of whether the proceedings are brought in	2870
this state or another jurisdiction. The board shall notify the	2871
suspended individual of the suspension of the individual's license	2872
by the operation of this division by certified mail or in person	2873
in accordance with section 119.07 of the Revised Code. If an	2874
individual whose license is suspended under this division fails to	2875
make a timely request for an adjudicatory hearing, the board shall	2876
enter a final order revoking the license.	2877

(E) No person whose license has been suspended or revoked	2878
under or by the operation of this section shall practice embalming	2879
or funeral directing or operate a funeral home, embalming	2880
facility, or crematory facility until the board has reinstated the	2881
person's license.	2882

Section 2. That existing sections 2925.01, 4709.03, 4709.07,	2883
4709.09, 4713.01, 4713.02, 4713.03, 4713.04, 4713.05, 4713.06,	2884
4713.08, 4713.09, 4713.10, 4713.11, 4713.111, 4713.12, 4713.14,	2885
4713.15, 4713.16, 4713.17, 4713.18, 4713.19, 4713.20, 4713.22,	2886
4713.25, 4713.26, 4713.27, 4713.99, and 4717.14 and sections	2887
4713.07, 4713.13, 4713.131, 4713.132, and 4713.21 of the Revised	2888
Code are hereby repealed.	2889