REPRESENTATIVES Hollister, Schmidt, Fedor, White, Schuring, Carmichael, Flowers, Setzer, D. Miller, Carano, Coates, Sferra, Beatty

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
hair designer's license, manicurist's license, esthetician's	279
license, natural hair stylist's license, managing cosmetologist's	280
license, managing hair designer license, managing manicurist's	281
license, managing esthetician's license, managing natural hair	282
stylist's license, cosmetology instructor's license, hair design	283
instructor's license, manicurist instructor's license, esthetician	284
esthetics instructor's license, natural hair style instructor's	285
license, independent contractor's license, or tanning facility	286
permit under Chapter 4713. of the Revised Code;	287

(9) A person who has been issued a license to practice	288
dentistry, a general anesthesia permit, a conscious intravenous	289
sedation permit, a limited resident's license, a limited teaching	290
license, a dental hygienist's license, or a dental hygienist's	291
teacher's certificate under Chapter 4715. of the Revised Code;	292

(10) A person who has been issued an embalmer's license, a	293
funeral director's license, a funeral home license, or a crematory	294
license, or who has been registered for an embalmer's or funeral	295
director's apprenticeship under Chapter 4717. of the Revised Code;	296

(11) A person who has been licensed as a registered nurse or	297
practical nurse, or who has been issued a certificate for the	298
practice of nurse-midwifery under Chapter 4723. of the Revised	299
Code;	300

(12) A person who has been licensed to practice optometry or	301
to engage in optical dispensing under Chapter 4725. of the Revised	302
Code;	303

(13) A person licensed to act as a pawnbroker under Chapter	304
4727. of the Revised Code;	305

(14) A person licensed to act as a precious metals dealer	306
under Chapter 4728. of the Revised Code;	307

(15) A person licensed as a pharmacist, a pharmacy intern, a	308
wholesale distributor of dangerous drugs, or a terminal	309
distributor of dangerous drugs under Chapter 4729. of the Revised	310
Code;	311

(16) A person who is authorized to practice as a physician	312
assistant under Chapter 4730. of the Revised Code;	313

(17) A person who has been issued a certificate to practice	314
medicine and surgery, osteopathic medicine and surgery, a limited	315
branch of medicine, or podiatry under Chapter 4731. of the Revised	316
Code;	317

(18) A person licensed as a psychologist or school	318
psychologist under Chapter 4732. of the Revised Code;	319

(19) A person registered to practice the profession of	320
engineering or surveying under Chapter 4733. of the Revised Code;	321

(20) A person who has been issued a license to practice	322
chiropractic under Chapter 4734. of the Revised Code;	323

(21) A person licensed to act as a real estate broker or	324
real estate salesperson under Chapter 4735. of the Revised Code;	325

(22) A person registered as a registered sanitarian under	326
Chapter 4736. of the Revised Code;	327

(23) A person licensed to operate or maintain a junkyard	328
under Chapter 4737. of the Revised Code;	329

(24) A person who has been issued a motor vehicle salvage	330
dealer's license under Chapter 4738. of the Revised Code;	331

(25) A person who has been licensed to act as a steam	332
engineer under Chapter 4739. of the Revised Code;	333

(26) A person who has been issued a license or temporary	334
permit to practice veterinary medicine or any of its branches, or	335
who is registered as a graduate animal technician under Chapter	336
4741. of the Revised Code;	337

(27) A person who has been issued a hearing aid dealer's or	338
fitter's license or trainee permit under Chapter 4747. of the	339
Revised Code;	340

(28) A person who has been issued a class A, class B, or	341
class C license or who has been registered as an investigator or	342
security guard employee under Chapter 4749. of the Revised Code;	343

(29) A person licensed and registered to practice as a	344
nursing home administrator under Chapter 4751. of the Revised	345
Code;	346

(30) A person licensed to practice as a speech-language	347
pathologist or audiologist under Chapter 4753. of the Revised	348
Code;	349

(31) A person issued a license as an occupational therapist	350
or physical therapist under Chapter 4755. of the Revised Code;	351

(32) A person who is licensed as a professional clinical	352
counselor or professional counselor, licensed as a social worker	353
or independent social worker, or registered as a social work	354
assistant under Chapter 4757. of the Revised Code;	355

(33) A person issued a license to practice dietetics under	356
Chapter 4759. of the Revised Code;	357

(34) A person who has been issued a license or limited	358
permit to practice respiratory therapy under Chapter 4761. of the	359
Revised Code;	360

(35) A person who has been issued a real estate appraiser	361
certificate under Chapter 4763. of the Revised Code.	362

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

363

(1) A cocaine salt, isomer, or derivative, a salt of a	364
cocaine isomer or derivative, or the base form of cocaine;	365

(2) Coca leaves or a salt, compound, derivative, or	366
preparation of coca leaves, including ecgonine, a salt, isomer, or	367
derivative of ecgonine, or a salt of an isomer or derivative of	368
ecgonine;	369

(3) A salt, compound, derivative, or preparation of a	370
substance identified in division (X)(1) or (2) of this section	371
that is chemically equivalent to or identical with any of those	372
substances, except that the substances shall not include	373
decocainized coca leaves or extraction of coca leaves if the	374
extractions do not contain cocaine or ecgonine.	375

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

376

(Z) "Hashish" means the resin or a preparation of the resin	377
contained in marihuana, whether in solid form or in a liquid	378
concentrate, liquid extract, or liquid distillate form.	379

(AA) "Marihuana" has the same meaning as in section 3719.01	380
of the Revised Code, except that it does not include hashish.	381

(BB) An offense is "committed in the vicinity of a juvenile"	382
if the offender commits the offense within one hundred feet of a	383
juvenile or within the view of a juvenile, regardless of whether	384
the offender knows the age of the juvenile, whether the offender	385
knows the offense is being committed within one hundred feet of or	386
within view of the juvenile, or whether the juvenile actually	387
views the commission of the offense.	388

(CC) "Presumption for a prison term" or "presumption that a	389
prison term shall be imposed" means a presumption, as described in	390
division (D) of section 2929.13 of the Revised Code, that a prison	391
term is a necessary sanction for a felony in order to comply with	392
the purposes and principles of sentencing under section 2929.11 of	393
the Revised Code.	394

(DD) "Major drug offender" has the same meaning as in section	395
2929.01 of the Revised Code.	396

(EE) "Minor drug possession offense" means either of the	397
following:	398

(1) A violation of section 2925.11 of the Revised Code as it	399
existed prior to July 1, 1996;	400

(2) A violation of section 2925.11 of the Revised Code as it	401
exists on and after July 1, 1996, that is a misdemeanor or a	402
felony of the fifth degree.	403

(FF) "Mandatory prison term" has the same meaning as in	404
section 2929.01 of the Revised Code.	405

(GG) "Crack cocaine" means a compound, mixture, preparation,	406
or substance that is or contains any amount of cocaine that is	407
analytically identified as the base form of cocaine or that is in	408
a form that resembles rocks or pebbles generally intended for	409
individual use.	410

(HH) "Adulterate" means to cause a drug to be adulterated as	411
described in section 3715.63 of the Revised Code.	412

(II) "Public premises" means any hotel, restaurant, tavern,	413
store, arena, hall, or other place of public accommodation,	414
business, amusement, or resort.	415

Sec. 4709.03.  The following persons are exempt from this	416
chapter while in the proper discharge of their professional	417
duties:	418

(A) Persons licensed by this state to practice medicine and	419
surgery;	420

(B) Commissioned medical or surgical officers of the United	421
States army, navy, or marine hospital service;	422

(C) Nurses registered under Chapter 4723. of the Revised	423
Code;	424

(D) Cosmetologists and hair designers licensed under Chapter	425
4713. of the Revised Code, insofar as their usual and ordinary	426
vocation and profession is concerned as described in section	427
4713.01 of the Revised Code;	428

(E) Funeral directors, embalmers, and apprentices licensed	429
or registered under Chapter 4717. of the Revised Code.	430

Sec. 4709.07.  (A) Each person who desires to obtain an	431
initial license to practice barbering shall apply to the barber	432
board, on forms provided by the board. The application form shall	433
include the name of the person applying for the license and	434
evidence that the applicant meets all of the requirements of	435
division (B) of this section. The application shall be	436
accompanied by two signed current photographs of the applicant, in	437
the size determined by the board, that show only the head and	438
shoulders of the applicant, and the examination application fee.	439

(B) In order to take the required barber examination and to	440
qualify for licensure as a barber, an applicant must demonstrate	441
that hethe applicant meets all of the following:	442

(1) Is of good moral character;

443

(2) Is at least eighteen years of age;

444

(3) Has an eighth grade education or an equivalent education	445
as determined by the state board of education in the state where	446
the applicant resides;	447

(4) Has graduated with at least eighteen hundred hours of	448
training from a board-approved barber school or has graduated with	449
at least one thousand hours of training from a board-approved	450
barber school in this state and has a current cosmetology or hair	451
designer license issued pursuant to Chapter 4713. of the Revised	452
Code. No hours of instruction earned by an applicant five or more	453
years prior to the examination apply to the hours of study	454
required by this division.	455

(C) Any applicant who meets all of the requirements of	456
divisions (A) and (B) of this section may take the barber	457
examination at the time and place specified by the board. If the	458
applicant fails to attain at least a seventy-five per cent pass	459
rate on each part of the examination, the applicant is ineligible	460
for licensure; however, the applicant may reapply for examination	461
within ninety days after the date of the release of the	462
examination scores by paying the required reexamination fee. An	463
applicant is only required to take that part or parts of the	464
examination on which hethe applicant did not receive a score of	465
seventy-five per cent or higher. If the applicant fails to	466
reapply for examination within ninety days or fails the second	467
examination, in order to reapply for examination for licensure he	468
the applicant shall complete an additional course of study of not	469
less than two hundred hours, in a board-approved barber school.	470
The board shall provide to an applicant, upon request, a report	471
which explains the reasons for the applicant's failure to pass the	472
examination.	473

(D) The board shall issue a license to practice barbering to	474
any applicant who, to the satisfaction of the board, meets the	475
requirements of divisions (A) and (B) of this section, who passes	476
the required examination, and pays the initial licensure fee.	477
Every licensed barber shall display histhe certificate of	478
licensure in a conspicuous place adjacent to or near histhe	479
licensed barber's work chair, along with a signed current	480
photograph, in the size determined by the board, showing head and	481
shoulders only.	482

Sec. 4709.09.  (A) Each person who desires to obtain a	483
barber shop license shall apply to the barber board, on forms	484
provided by the board. The board shall issue a barber shop	485
license to a person if the board determines that the person meets	486
all of the requirements of division (B) of this section and pays	487
the required license and inspection fees.	488

(B) In order for a person to qualify for a license to	489
operate a barber shop, the barber shop shall meet all of the	490
following requirements:	491

(1) Be in the charge and under the immediate supervision of	492
a licensed barber;	493

(2) Be equipped to provide running hot and cold water and	494
proper drainage;	495

(3) Sanitize and maintain in a sanitary condition, all	496
instruments and supplies;	497

(4) Keep towels and linens clean and sanitary and in a dry,	498
dust-proof container;	499

(5) Display the shop license and a copy of the board's	500
sanitary rules in a conspicuous place in the working area.	501

(C) Any licensed barber who leases space in a licensed	502
barber shop and engages in the practice of barbering independent	503
and free from supervision of the owner or manager of the barber	504
shop is considered to be engaged in the operation of a separate	505
and distinct barber shop and shall obtain a license to operate a	506
barber shop pursuant to this section.	507

(D) A shop license is not transferable from one owner to	508
another and if an owner or operator of a barber shop permanently	509
ceases offering barber services at the shop, the owner or operator	510
shall return the barber shop license to the board within ten days	511
of the cessation of services.	512

(E)(1) Manicurists licensed under Chapter 4713. of the	513
Revised Code may practice manicuring in a barber shop.	514

(2) Tanning facilities licensed pursuant toissued a permit	515
under section 4713.254713.48 of the Revised Code may be operated	516
in a barber shop.	517

(F) Clothing and related accessories may be sold at retail	518
in a barber shop so long as these sales maintain the integrity of	519
the facility as a barber shop.	520

Sec. 4713.01.  As used in sections 4713.01 to 4713.21 of the	521
Revised Codethis chapter:	522

(A) The practice of cosmetology includes work done for pay,	523
free, or otherwise, by any person, which work is usually performed	524
by hairdressers, cosmetologists, cosmeticians, natural hair	525
stylists, or beauty culturists, however denominated, in beauty	526
salons; which work is for the embellishment, cleanliness, and	527
beautification of"Apprentice instructor" means a person holding a	528
practicing license issued by the state board of cosmetology who is	529
engaged in learning or acquiring knowledge of the occupation of an	530
instructor of a branch of cosmetology at a school of cosmetology.	531

"Beauty salon" means any premises, building, or part of a	532
building in which a person is authorized to engage in all branches	533
of cosmetology. "Beauty salon" does not include a barber shop	534
licensed under Chapter 4709. of the Revised Code in which a person	535
engages in the practice of manicuring.	536

"Biennial licensing period" means the two-year period	537
beginning on the first day of February of an odd-numbered year and	538
ending on the last day of January of the next odd-numbered year.	539

"Braiding" means intertwining the hair in a systematic motion	540
to create patterns in a three-dimensional form, inverting the hair	541
against the scalp along part of a straight or curved row of	542
intertwined hair, or twisting the hair in a systematic motion, and	543
includes extending the hair with natural or synthetic hair fibers.	544

"Branch of cosmetology" means the practice of cosmetology,	545
practice of esthetics, practice of hair design, practice of	546
manicuring, or practice of natural hair styling.	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 cosmetology.	735

"Salon" means a beauty salon, esthetics salon, hair design	736
salon, nail salon, or natural hair style salon.	737

"School of cosmetology" means any premises, building, or	738
part of a building in which students are instructed in the	739
theories and practices of one or more branches of cosmetology.	740

"Student" means a person, other than an apprentice	741
instructor, who is engaged in learning or acquiring knowledge of	742
the practice of a branch of cosmetology at a school of	743
cosmetology.	744

"Tanning facility" means a room or booth that houses	745
equipment or beds used for tanning human skin by the use of	746
fluorescent sun lamps using ultraviolet or other artificial	747
radiation.	748

Sec. 4713.02.  (A) There is hereby created the state board	749
of cosmetology, consisting of all of the following seven members	750
appointed by the governor, with the advice and consent of the	751
senate: four graduate licensed cosmetologists, three of whom are	752
actively engaged in the management of a beauty salon	753

(1) One person holding a current, valid cosmetologist,	754
managing cosmetologist, or cosmetology instructor license at the	755
time of appointment;	756

(2) Two persons holding current, valid managing	757
cosmetologist licenses and actively engaged in managing beauty	758
salons at the time of appointment; one regularly licensed	759
physician; one	760

(3) One person who holds a current, valid independent	761
contractor license at the time of appointment or the owner or	762
manager of a licensed salon in which at least one person holding a	763
current, valid independent contractor license practices a branch	764
of cosmetology;	765

(4) One person who represents individuals who teach the	766
theory and practice of a branch of cosmetology at a vocational	767
school;	768

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

769

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

770

(7) One person who is either an advanced practice nurse	771
approved under section 4723.55 of the Revised Code, a certified	772
nurse practitioner or clinical nurse specialist holding a	773
certificate of authority under section 4723.41 of the Revised	774
Code, or a physician authorized under Chapter 4731. of the Revised	775
Code to practice medicine and surgery or osteopathic medicine and	776
surgery;	777

(8) One person representing the general public.

778

(B) The superintendent of public instruction shall nominate	779
three persons for the governor to choose from when making an	780
appointment under division (A)(4) of this section.	781

(C) All members shall be at least twenty-five years of age,	782
residents of the state, and citizens of the United States. No	783
more than two members, at any time, shall be graduates of the same	784
school of cosmetology.	785

TermsExcept for the initial members appointed under	786
divisions (A)(3) and (4) of this section, terms of office are for	787
five years, commencing. The term of the initial member appointed	788
under division (A)(3) of this section shall be three years. The	789
term of the initial member appointed under division (A)(4) of this	790
section shall be four years. Terms shall commence on the first	791
day of November and endingend on the thirty-first day of October.	792
Each member shall hold office from the date of appointment until	793
the end of the term for which appointed. In case of a vacancy	794
occurring on the board, the governor shall, in the same manner	795
prescribed for the regular appointment to the board, fill the	796
vacancy by appointing a member. Any member appointed to fill a	797
vacancy occurring prior to the expiration of the term for which	798
the member's predecessor was appointed shall hold office for the	799
remainder of such term. Any member shall continue in office	800
subsequent to the expiration date of the member's term until the	801
member's successor takes office, or until a period of sixty days	802
has elapsed, whichever occurs first. Before entering upon the	803
discharge of the duties of the office of member, each member shall	804
take, and file with the secretary of state, the oath of office	805
required by Section 7 of Article XV, Ohio Constitution.	806

The members of the board shall receive an amount fixed	807
pursuant to Chapter 124. of the Revised Code per diem for every	808
meeting of the board which they attend, together with their	809
necessary expenses, and mileage for each mile necessarily	810
traveled.	811

The members of the board shall annually elect, from among	812
their number, a chairperson, and annually appoint an executive	813
director who is not a member of the board. The executive	814
director, before entering upon the discharge of the executive	815
director's duties, shall file with the secretary of state a good	816
and sufficient bond payable to the state, to ensure the faithful	817
performance of duties of the office of executive director, in such	818
sum as the board requires. The premium of the bond shall be paid	819
from appropriations made to the board for operating purposes.	820

The board shall prescribe the duties of its officers and	821
establish an office at Columbus, Ohio. The board shall keep all	822
records and files at the office and have the records and files at	823
all reasonable hours open to public inspection. The board also	824
shall adopt a seal.	825

(B) The board may employ necessary inspectors, examiners,	826
consultants on contents of examinations, and clerks. All	827
inspectors, and examiners of cosmetologists, shall be licensed	828
cosmetologists.	829

(C) The board shall adopt rules for carrying out sections	830
4713.01 to 4713.25 of the Revised Code. The rules shall cover at	831
least all of the following:	832

(1) Conducting examinations of applicants for a license;

833

(2) The recognition of, and the credits to be given to, the	834
study of cosmetology, or any branch thereof, in a school of	835
cosmetology licensed under the laws of this or another state;	836

(3) Establishing reasonable fees for application to take the	837
examination for licensure as a natural hair stylist and for	838
issuance of a license to practice natural hair styling;	839

(4) Sanitary standards, including those authorized by the	840
department of health, with particular reference to the precautions	841
to be employed to prevent the creating or spreading of infectious	842
or contagious diseases in beauty salons, nail salons, esthetics	843
salons, or schools of cosmetology, or in the practice of	844
cosmetology.	845

The board shall furnish a copy of all sanitary rules adopted	846
to each person issued a license for the conduct of a beauty salon,	847
nail salon, esthetics salon, or school of cosmetology and to each	848
operator, manicurist, and person engaged in the practice of	849
massage. A copy of all such sanitary rules shall be posted in a	850
conspicuous place in all beauty salons, nail salons, esthetics	851
salons, and schools of cosmetology.	852

The board may adopt rules authorizing beauty or nail salons	853
to offer esthetic services in the salon and may adopt rules	854
regulating the practice of the services.	855

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

856

(1) Hold examinations of all applicants for license whose	857
applications have been submitted in proper form;	858

(2) Issue licenses to applicants who meet the requirements	859
of sections 4713.01 to 4713.25 of the Revised Code;	860

(3) Register beauty salons, nail salons, esthetics salons,	861
and schools of cosmetology;	862

(4) Report to the proper prosecuting officer all violations	863
coming within its knowledge;	864

(5) Make a written report annually to the governor	865
concerning the conditions in this state of cosmetology and the	866
branches thereof, which report shall also contain a brief	867
reference to the proceedings had by or before the board for the	868
year last past and a statement of all money received and expended	869
by the board during such year;	870

(6) Keep a record containing the name and known place of	871
business, and the date and number of license, of every licensed	872
cosmetologist, esthetician, and every person engaged in the	873
practice of any branch of cosmetology, together with the name and	874
address of all tanning facilities, licensed beauty salons,	875
licensed nail salons, licensed esthetics salons, and schools of	876
cosmetology;	877

(7) Keep a record of its proceedings;

878

(8) All things necessary to carry out sections 4713.01 to	879
4713.25 of the Revised Code.	880

Sec. 4713.03.  The state board of cosmetology shall hold a	881
meeting for the examination of applicants for license and the	882
transaction of such otherto transact its business as shall	883
pertain to its duties at least four times a year and the. The	884
board may hold otheradditional meetings for the examination of	885
applicants or for the transaction of necessary business as, in its	886
judgment, may be required,are necessary. The board shall meet at	887
suchthe times and places as it may determineselects.	888

Sec. 4713.18.        Sec. 4713.04.  The state board of cosmetology may	889
authorize any of its members, in writing, to undertake any	890
proceedings authorized by sections 4713.01 to 4713.21, inclusive,	891
of the Revised Codethis chapter, and the finding or order of such	892
members is the finding of the board when confirmed by it.	893

Sec. 4713.19.        Sec. 4713.05.  All receipts of the state board of	894
cosmetology shall be deposited into the state treasury to the	895
credit of the occupational licensing and regulatory fund. All	896
vouchers of the board shall be approved by the board president	897
chairperson or executive director, or both, as authorized by the	898
board.	899

Sec. 4713.06. The state board of cosmetology shall annually	900
appoint an executive director. The executive director may not be	901
a member of the board. The executive director, before entering	902
upon the discharge of the executive director's duties, shall file	903
with the secretary of state a good and sufficient bond payable to	904
the state, to ensure the faithful performance of duties of the	905
office of executive director. The bond shall be in an amount the	906
board requires. The premium of the bond shall be paid from	907
appropriations made to the board for operating purposes.	908

The board may employ inspectors, examiners, consultants on	909
contents of examinations, and clerks as necessary for the	910
administration of this chapter. All inspectors and examiners	911
shall be licensed cosmetologists.	912

The board may appoint inspectors of tanning facilities as	913
needed to make periodic inspections as the board specifies.	914

Sec. 4713.07. The state board of cosmetology shall do all of	916
the following:	917

(A) Prescribe and make available application forms to be	918
used by persons seeking admission to an examination conducted	919
under section 4713.24 of the Revised Code or a license issued	920
under this chapter;	921

(B) Prescribe and make available application forms to be	922
used by persons seeking renewal of a license issued under this	923
chapter;	924

(C) Report to the proper prosecuting officer all violations	925
of section 4713.14 of the Revised Code of which the board is	926
aware;	927

(D) Submit a written report annually to the governor that	928
provides all of the following:	929

(1) A discussion of the conditions in this state of the	930
branches of cosmetology;	931

(2) A brief summary of the board's proceedings during the	932
year the report covers;	933

(3) A statement of all money that the board received and	934
expended during the year the report covers.	935

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

936

(1) The board's proceedings;

937

(2) The name and last known address of each person issued a	938
license under section 4713.28, 4713.30, 4713.31, 4713.34, or	939
4713.39 of the Revised Code;	940

(3) The name and address of each salon issued a license	941
under section 4713.41 of the Revised Code and each school of	942
cosmetology issued a license under section 4713.44 of the Revised	943
Code;	944

(4) The name and address of each tanning facility issued a	945
permit under section 4713.48 of the Revised Code;	946

(5) The date and number of each license and permit that the	947
board issues;	948

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

949

Sec. 4713.08. (A) The state board of cosmetology shall adopt	951
rules in accordance with Chapter 119. of the Revised Code as	952
necessary to implement this chapter. The rules shall do all of	953
the following:	954

(1) Govern the practice of the branches of cosmetology and	955
management of salons;	956

(2) Specify conditions a person must satisfy to qualify for	957
a temporary pre-examination work permit under section 4713.22 of	958
the Revised Code and the conditions and method of renewing a	959
temporary pre-examination work permit under that section;	960

(3) Provide for the conduct of examinations under section	961
4713.24 of the Revised Code;	962

(4) Specify conditions under which the board will take into	963
account, under section 4713.32 of the Revised Code, instruction an	964
applicant for a license under section 4713.28, 4713.30, or 4713.31	965
of the Revised Code received more than five years before the date	966
of application for the license;	967

(5) Provide for the granting of waivers under section	968
4713.29 of the Revised Code;	969

(6) Specify conditions an applicant must satisfy for the	970
board to issue the applicant a license under section 4713.34 of	971
the Revised Code without the applicant taking an examination	972
conducted under section 4713.24 of the Revised Code;	973

(7) Specify locations in which glamour photography services	974
in which a branch of cosmetology is practiced may be provided;	975

(8) Establish conditions and the fee for a temporary special	976
occasion work permit under section 4713.37 of the Revised Code and	977
specify the amount of time such a permit is valid;	978

(9) Specify conditions an applicant must satisfy for the	979
board to issue the applicant an independent contractor license	980
under section 4713.39 of the Revised Code and the fee for issuance	981
and renewal of the license;	982

(10) Establish conditions under which food may be sold at a	983
salon;	984

(11) Specify which professions regulated by a professional	985
regulatory board of this state may be practiced in a salon under	986
section 4713.42 of the Revised Code;	987

(12) Establish standards for the provision of cosmetic	988
therapy, massage therapy, or other professional service in a salon	989
pursuant to section 4713.42 of the Revised Code;	990

(13) Establish standards for board approval of, and the	991
granting of credits for, training in branches of cosmetology at	992
schools of cosmetology licensed in this state;	993

(14) Establish sanitary standards for the practice of the	994
branches of cosmetology, salons, and schools of cosmetology;	995

(15) Establish the application process for obtaining a	996
tanning facility permit under section 4713.48 of the Revised Code,	997
including the amount of the fee for an initial or renewed permit;	998

(16) Establish standards for installing and operating a	999
tanning facility in a manner that ensures the health and safety of	1000
consumers, including standards that do all of the following:	1001

(a) Establish a maximum safe time of exposure to radiation	1002
and a maximum safe temperature at which sun lamps may be operated;	1003

(b) Require consumers to wear protective eyeglasses and be	1004
supervised as to the length of time consumers use the facility;	1005

(c) Require the operator to prohibit consumers from standing	1006
too close to sun lamps and to post signs warning consumers of the	1007
potential effects of radiation on persons taking certain	1008
medications and of the possible relationship of the radiation to	1009
skin cancer;	1010

(d) Require the installation of protective shielding for sun	1011
lamps and handrails for consumers;	1012

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

1013

(f) Require a consumer who is under the age of eighteen to	1014
obtain written consent from the consumer's parent or legal	1015
guardian prior to receiving tanning services.	1016

(17)(a) If the board, under section 4713.61 of the Revised	1017
Code, develops a procedure for classifying licenses inactive, do	1018
both of the following:	1019

(i) Establish a fee for having a license classified inactive	1020
that reflects the cost to the board of providing the inactive	1021
license service;	1022

(ii) Specify the continuing education that a person whose	1023
license has been classified inactive must complete to have the	1024
license restored. The continuing education shall be sufficient to	1025
ensure the minimum competency in the use or administration of a	1026
new procedure or product required by a licensee necessary to	1027
protect public health and safety. The requirement shall not	1028
exceed the cumulative number of hours of continuing education that	1029
the person would have been required to complete had the person	1030
retained an active license.	1031

(b) In addition, the board may specify the conditions and	1032
method for granting a temporary work permit to practice a branch	1033
of cosmetology to a person whose license has been classified	1034
inactive.	1035

(18) Establish a fee for approval of a continuing education	1036
program under section 4713.62 of the Revised Code that is adequate	1037
to cover any expense the board incurs in the approval process;	1038

(19) Anything else necessary to implement this chapter.

1039

(B)(1) The rules adopted under division (A)(2) of this	1040
section may establish additional conditions for a temporary	1041
pre-examination work permit under section 4713.22 of the Revised	1042
Code that are applicable to persons who practice a branch of	1043
cosmetology in another state or country.	1044

(2) The rules adopted under division (A)(17)(b) of this	1045
section may establish additional conditions for a temporary work	1046
permit that are applicable to persons who practice a branch of	1047
cosmetology in another state.	1048

(C) The conditions specified in rules adopted under division	1049
(A)(6) of this section may include that an applicant is applying	1050
for a license to practice a branch of cosmetology for which the	1051
board determines an examination is unnecessary.	1052

(D) The rules adopted under division (A)(11) of this section	1053
shall not include a profession if practice of the profession in a	1054
salon is a violation of a statute or rule governing the	1055
profession.	1056

(E) The sanitary standards established under division	1057
(A)(14) of this section shall focus in particular on precautions	1058
to be employed to prevent infectious or contagious diseases being	1059
created or spread. The board shall consult with the Ohio	1060
department of health when establishing the sanitary standards.	1061

(F) The fee established by rules adopted under division	1063
(A)(15) of this section shall cover the cost the board incurs in	1064
inspecting tanning facilities and enforcing the board's rules but	1065
may not exceed one hundred dollars per location of such	1066
facilities.	1067

Sec. 4713.081. The state board of cosmetology shall furnish a	1068
copy of the sanitary standards established by rules adopted under	1069
section 4713.08 of the Revised Code to each person to whom the	1070
board issues a practicing license, managing license, or license to	1071
operate a salon or school of cosmetology. The board also shall	1072
furnish a copy of the sanitary standards to each person providing	1073
cosmetic therapy, massage therapy, or other professional service	1074
in a salon under section 4713.42 of the Revised Code. A salon or	1075
school of cosmetology provided a copy of the sanitary standards	1076
shall post the standards in a public and conspicuous place in the	1077
salon or school.	1078

Sec. 4713.082. The state board of cosmetology shall furnish a	1080
copy of the standards established by rules adopted under section	1081
4713.08 of the Revised Code for installing and operating a tanning	1082
facility to each person to whom the board issues a permit to	1083
operate a tanning facility. A person provided a copy of the	1084
standards shall post the standards in a public and conspicuous	1085
place in the tanning facility.	1086

Sec. 4713.09. If the state board of cosmetology determines	1087
that a new procedure or product in any branch of cosmetology	1088
adversely impacts public health and safety if improperly used or	1089
applied, the board may adopt rules in accordance with Chapter 119.	1090
of the Revised Code to establish a continuing education	1091
requirement, not to exceed eight hours in a biennial licensing	1092
period, as a condition of renewal for a practicing license,	1093
managing license, or instructor license. The courses and training	1094
offered as part of an approved continuing education program shall	1095
address the proper use and administration of the new procedure or	1096
product.	1097

If the board adopts rules under this section, the rules may	1098
establish a continuing education requirement for all persons	1099
holding a practicing license, managing license, or instructor	1100
license or for any class or combination of classes of those	1101
persons.	1102

Sec. 4713.10.  The state board of cosmetology shall charge	1104
and collect the following fees:	1105

(A) For a temporary pre-examination work permit under section	1106
4713.22 of the Revised Code, five dollars;	1107

(B) For initial application to take thean examination for a	1108
license to practice cosmetology, or any branch thereofunder	1109
section 4713.24 of the Revised Code, twenty-one dollars;	1110

(B)(C) For application to take an examination under section	1111
4713.24 of the Revised Code by an applicant who has previously	1112
applied to take, but failed to appear for, the examination, forty	1113
dollars;	1114

(D) For the re-examination of anyapplication to re-take an	1115
examination under section 4713.24 of the Revised Code by an	1116
applicant who has previously appeared for, but failed to pass, the	1117
examination, twenty-one dollars;	1118

(C)(E) For the issuance or renewal of a cosmetology,	1119
manicurist, or esthetics instructor'sof a license under section	1120
4713.28, 4713.30, or 4713.31 of the Revised Code, thirty dollars;	1121

(D)(F) For the issuance or renewal of a managing	1122
cosmetologist's, managing manicurist's, or managing esthetician's	1123
of a license under section 4713.34 of the Revised Code, thirty	1124
sixty dollars;	1125

(E)(G) For renewal of a license issued under section 4713.28,	1126
4713.30, 4713.31, or 4713.34 of the Revised Code, thirty dollars;	1127

(H) For the issuance or renewal of a cosmetology school	1128
license, two hundred fifty dollars;	1129

(F)(I) For the inspection and issuance of a new beauty	1130
salon, nail salon, or esthetics salon license or the change of	1131
name or ownership of a beauty salon, nail salon, or esthetics	1132
salon license, sixty dollars;	1133

(G)(J) For the renewal of a beauty salon, nail salon, or	1134
esthetics salon license, fifty dollars;	1135

(H) For the issuance or renewal of a cosmetologist's,	1136
manicurist's, or esthetician's license, thirty dollars;	1137

(I)(K) For the restoration of any lapsedan expired license	1138
whichthat may be restored pursuant to section 4713.114713.63 of	1139
the Revised Code, and in addition to the payments required by that	1140
sectionfor all lapsed renewal fees, thirty dollars;	1141

(J) For the issuance of a license under section 4713.09 of	1142
the Revised Code, sixty dollars;	1143

(K)(L) For the issuance of a duplicate of any license,	1144
fifteen dollars;	1145

(L)(M) For the preparation and mailing of a licensee's	1146
records to another state for a reciprocity license, fifty dollars;	1147

(M)(N) For the processing of any fees related to a check	1148
from a licensee returned to the board for insufficient funds, an	1149
additional twenty dollars.	1150

Each applicant shall, in addition to the fees specified,	1151
furnish the applicant's own models.	1152

Sec. 4713.22.        Sec. 4713.11.  The state board of cosmetology,	1153
subject to the approval of the controlling board, may establish	1154
fees in excess of the amounts provided by section 4713.10 of the	1155
Revised Code, provided that any fee increase does not exceed the	1156
amount permitted by more than fifty per cent.	1157

Sec. 4713.26.        Sec. 4713.13.  Whenever in the judgment of the state	1158
board of cosmetology any person has engaged in or is about to	1159
engage in any acts or practices that constitute a violation of	1160
this chapter, or any rule adopted under this chapter, the board	1161
may apply to the appropriate court for an order enjoining the acts	1162
or practices, and upon a showing by the board that the person has	1163
engaged in the acts or practices, the court shall grant an	1164
injunction, restraining order, or other order as may be	1165
appropriate.	1166

Sec. 4713.20.        Sec. 4713.14. (A) No person shall do any of the	1167
following:	1168

(1) Conduct or operate a nail salon, beauty salon, esthetics	1169
salon, or school of cosmetology without a license;	1170

(2) Practice cosmetology for pay, free, or otherwise, either	1171
as a cosmetologist, managing cosmetologist, cosmetology	1172
instructor, manicurist, managing manicurist, manicurist	1173
instructor, esthetician, managing esthetician, or esthetics	1174
instructor, without a license;	1175

(3) Practice natural hair styling for pay, free, or	1176
otherwise, without a license;	1177

(4) Employ as a cosmetologist, managing cosmetologist,	1178
cosmetologist instructor, except as provided in division (C) of	1179
section 4713.15 of the Revised Code, manicurist, managing	1180
manicurist, manicurist instructor, esthetician, managing	1181
esthetician, or esthetics instructor, any person without a	1182
license;	1183

(5)(A) Use fraud or deceit in making application for a	1184
license or permit;	1185

(B) Aid or abet any person:

1186

(a)(1) Violating sections 4713.01 to 4713.21 of the Revised	1187
Codethis chapter or a rule adopted under it;	1188

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

1189

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

1190

(d) Violating any of the sanitary rules for the regulation	1191
of the practice of cosmetologyhold a current, valid license or	1192
permit.	1193

(6) Engage in the practice of(C) Practice a branch of	1194
cosmetology, for pay, free, or otherwise, without one of the	1195
following authorizing the practice of that branch of cosmetology:	1196

(1) A current, valid license under section 4713.28,	1197
4713.30, or 4713.34 of the Revised Code;	1198

(2) A current, valid temporary pre-examination work permit	1199
issued under section 4713.22 of the Revised Code;	1200

(3) A current, valid temporary special occasion work permit	1201
issued under section 4713.37 of the Revised Code;	1202

(4) A current, valid temporary work permit issued under rules	1203
adopted by the board pursuant to section 4713.08 of the Revised	1204
Code.	1205

(D) Employ a person to practice a branch of cosmetology if	1206
the person does not hold one of the following authorizing the	1207
practice of that branch of cosmetology:	1208

(1) A current, valid license under section 4713.28, 4713.30,	1209
or 4713.34 of the Revised Code;	1210

(2) A current, valid temporary pre-examination work permit	1211
issued under section 4713.22 of the Revised Code;	1212

(3) A current, valid temporary special occasion work permit	1213
issued under section 4713.37 of the Revised Code;	1214

(4) A current, valid temporary work permit issued under rules	1215
adopted by the board pursuant to section 4713.08 of the Revised	1216
Code.	1217

(E) Manage a salon without a current, valid license under	1218
section 4713.30 or 4713.34 of the Revised Code to manage that type	1219
of salon;	1220

(F) Except for apprentice instructors and as provided in	1221
section 4713.45 of the Revised Code, teach the theory or practice	1222
of a branch of cosmetology at a school of cosmetology without	1223
either of the following authorizing the teaching of that branch of	1224
cosmetology:	1225

(1) A current, valid license under section 4713.31 or	1226
4713.34 of the Revised Code;	1227

(2) A current, valid temporary special occasion work permit	1228
issued under section 4713.37 of the Revised Code.	1229

(G) Advertise or operate a glamour photography service in	1230
which a branch of cosmetology is practiced unless the person	1231
practicing the branch of cosmetology holds either of the following	1232
authorizing the practice of that branch of cosmetology:	1233

(1) A current, valid license under section 4713.28, 4713.30,	1234
or 4713.34 of the Revised Code;	1235

(2) A current, valid temporary special occasion work permit	1236
issued under section 4713.37 of the Revised Code.	1237

(H) Advertise or operate a glamour photography service in	1238
which a branch of cosmetology is practiced at a location not	1239
specified by rules adopted under section 4713.08 of the Revised	1240
Code;	1241

(I) Practice a branch of cosmetology at a salon in which	1242
the person rents booth space without a current, valid independent	1243
contractor license under section 4713.39 of the Revised Code;	1244

(J) Operate a salon without a current, valid license under	1245
section 4713.41 of the Revised Code;	1246

(K) Provide cosmetic therapy or massage intherapy at a	1247
beauty salon or nail salon for pay, free, or otherwise unless the	1248
person holdswithout a current, valid certificate issued by the	1249
state medical board pursuant tounder section 4731.15 of the	1250
Revised Code or provide any other professional service at a salon	1251
for pay, free, or otherwise without a current, valid license or	1252
certificate issued by the professional regulatory board of this	1253
state that regulates the profession;	1254

(7) Engage in the advertisement or operation of a glamour	1255
photography service unless properly licensed under this chapter by	1256
the state board of cosmetology.	1257

(B) Sections 4713.01 to 4713.21 of the Revised Code do not	1258
prohibit any student in a licensed school of cosmetology in this	1259
state from engaging in that school, as a student, in work	1260
connected with any branch of cosmetology taught in the school	1261

(L) Teach a branch of cosmetology at a salon, unless the	1262
person receiving the instruction holds either of the following	1263
authorizing the practice of that branch of cosmetology:	1264

(1) A current, valid license under section 4713.28, 4713.30,	1265
or 4713.34 of the Revised Code;	1266

(2) A current, valid temporary pre-examination work permit	1267
issued under section 4713.22 of the Revised Code.	1268

(M) Operate a school of cosmetology without a current, valid	1269
license under section 4713.44 of the Revised Code;	1270

(N) At a salon or school of cosmetology, do either of the	1271
following:	1272

(1) Use or possess a cosmetic product containing an	1273
ingredient that the United States food and drug administration has	1274
prohibited by regulation;	1275

(2) Use a cosmetic product in a manner inconsistent with a	1276
restriction established by the United States food and drug	1277
administration by regulation;	1278

(3) Use or possess a liquid nail monomer containing any trace	1279
of methyl methacrylate (MMA).	1280

(O) 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

(P) 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

(Q) 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 (N) 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

Sec. 4713.26. Each person admitted to an examination	1519
conducted under section 4713.24 of the Revised Code shall furnish	1520
the person's own model.	1521

Sec. 4713.04.        Sec. 4713.28. (A) Applicants for a cosmetologist's	1522
license shall beThe state board of cosmetology shall issue a	1523
practicing license to an applicant who, except as provided in	1524
section 4713.30 of the Revised Code, satisfies all of the	1525
following applicable conditions:	1526

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

1527

(B) Is of good moral character, have;

1528

(C) Has the equivalent of an Ohio public school eighthtenth	1529
grade education, and have received a total of not less than;	1530

(D) Passes an examination conducted under section 4713.24 of	1531
the Revised Code for the branch of cosmetology the applicant seeks	1532
to practice;	1533

(E) Pays to the board the applicable fee;

1534

(F) In the case of an applicant for an initial	1535
cosmetologist license, has successfully completed at least fifteen	1536
hundred hours of instruction in the several branches of	1537
board-approved cosmetology, including subjects relating to	1538
sanitation,training in a licensed school of cosmetology licensed	1539
in Ohio or otherwise pursuant to credits given by the state board	1540
of cosmetology as provided in section 4713.02 of the Revised Code	1541
this state, providedexcept that only one thousand hours of	1542
instruction in the several branches ofboard-approved cosmetology	1543
training in a licensed school of cosmetology licensed in this	1544
state is required of a person licensed as a barber under Chapter	1545
4709. of the Revised Code. Except as provided in section 4713.09	1546
of the Revised Code, an applicant shall pass an examination in	1547
order to qualify for a cosmetologist's license.	1548

(B) Applicants;

1549

(G) In the case of an applicant for an initial esthetician	1550
license, has successfully completed at least six hundred hours of	1551
board-approved esthetics training in a school of cosmetology	1552
licensed in this state;	1553

(H) In the case of an applicant for an initial hair	1554
designer license, has successfully completed at least one	1555
thousand two hundred hours of board-approved hair designer	1556
training in a school of cosmetology licensed in this state,	1557
provided that only one thousand hours of board-approved hair	1558
designer training in a school of cosmetology licensed in this	1559
state is required of a person licensed as a barber under Chapter	1560
4709. of the Revised Code;	1561

(I) In the case of an applicant for amanicurist'san	1562
initial manicurist license shall be at least sixteen years of age,	1563
of good moral character, have the equivalent of an Ohio public	1564
school eighth grade education, and have received, has	1565
successfully completed at least twothree hundred hours of	1566
instruction in subjects relating to sanitation, manicuring, and	1567
application of artificial or sculptured nailsboard-approved	1568
manicurist training in a licensed school of cosmetology licensed	1569
in Ohio. Except as provided in section 4713.09 of the Revised	1570
Code, an applicant shall pass an examination in order to qualify	1571
for a manicurist's license.	1572

(C) Applicants for an esthetician's license shall be at	1573
least sixteen years of age, of good moral character, have the	1574
equivalent of an Ohio public school eighth grade education, and	1575
have successfully completed at least six hundred hours of	1576
instruction in esthetics in a licensed school of cosmetology in	1577
this state. Except as provided in section 4713.09 of the Revised	1578
Code, an applicant shall pass an examination to qualify for an	1579
esthetician's license. The board shall design the examination so	1580
as to demonstrate an applicant's minimum competency in all fields	1581
of esthetics.	1582

(D) Applicants this state;

1583

(J) In the case of an applicant for aan initial natural	1584
hair stylist license shall be at least sixteen years of age, of	1585
good moral character, have the equivalent of an Ohio public school	1586
eighth grade education, and have received, has successfully	1587
completed at least four hundred fifty hours of instruction in	1588
subjects relating to sanitation, scalp care, anatomy, hair	1589
styling, communication skills, and laws and rules governing the	1590
practice of cosmetology. Except as provided in section 4713.09 of	1591
the Revised Code, an applicant shall pass an examination to	1592
qualify for a natural hair stylist's license.	1593

(E) Applicants for a managing cosmetologist's license	1594
shall be of good moral character, have the equivalent of an Ohio	1595
public school eighth grade education, and have practiced as a	1596
cosmetologist in a licensed beauty salon in this or another state	1597
of the United States or the District of Columbia for at least one	1598
year, or have completed three hundred hours of board-approved	1599
curriculum additional in a licensed school of cosmetology in this	1600
state in subjects relative to advanced cosmetology, business	1601
management, and supervision. Certification of an applicant's	1602
completion of one year's experience shall be made to the board by	1603
the licensed managing cosmetologist or the owner of the licensed	1604
beauty salon in which the applicant has been employed, or	1605
certification of completion of the prescribed course of three	1606
hundred additional hours shall be made to the board by the school	1607
of cosmetology in this state. Upon either of the foregoing	1608
certifications and, except as provided in section 4713.09 of the	1609
Revised Code, upon passage of an examination, the board shall	1610
issue a managing cosmetologist's license to the applicant.	1611

(F) Applicants for an initial cosmetology instructor's	1612
license shall be of good moral character, have the equivalent of	1613
an Ohio public school twelfth grade education, hold a current	1614
managing cosmetologist license issued pursuant to this chapter,	1615
and have practiced as a licensed cosmetologist in a beauty salon	1616
for at least twelve months, or have completed one thousand hours	1617
of cosmetology instructor training in a licensed school of	1618
cosmetology in this state as an apprentice instructor. On the	1619
date that an apprentice cosmetology instructor begins cosmetology	1620
instructor training in a licensed school of cosmetology, the	1621
school shall certify the name of the apprentice cosmetology	1622
instructor to the board along with the date on which the	1623
apprentice's instructor training began. No school shall have more	1624
than six apprentice cosmetology instructors at any one time. The	1625
apprentice cosmetology instructor shall be allowed the regular	1626
quota of students as prescribed by the board, with the provision	1627
that a cosmetology instructor is present. An apprentice	1628
cosmetology instructor may be compensated by the school.	1629
Certification that the applicant has completed one year or more of	1630
experience in a licensed beauty salon shall be made to the board	1631
by the licensed managing cosmetologist or the owner of the	1632
licensed beauty salon in which the applicant has been employed;	1633
or, certification shall be made to the board by the school of	1634
cosmetology, that the apprentice cosmetology instructor has	1635
completed one thousand hours of teacher training in a licensed	1636
school of cosmetology in this state. Upon any of the foregoing	1637
certifications and provided that the applicant holds a current	1638
managing cosmetologist's license issued pursuant to this chapter,	1639
the board shall issue a cosmetology instructor's license to the	1640
applicant.	1641

(G) Every person who completes a course in cosmetology given	1642
in a vocational program conducted by a city, exempted village,	1643
local, or joint vocational school district, is eligible to apply	1644
for a cosmetologist's or manicurist's license, provided the person	1645
has completed the educational requirements of division (A) or (B)	1646
of this section. The board may adopt rules for the recognition of	1647
any credit to be given to the study of cosmetology in such	1648
vocational schools of this state.	1649

(H) The board shall issue to an applicant who has completed	1650
the requirements of this section and has not previously failed to	1651
pass an examination conducted by the board to determine the	1652
applicant's fitness in the practice of cosmetology a temporary	1653
work permit upon the receipt of the application for examination as	1654
provided in section 4713.05 of the Revised Code. The temporary	1655
work permit authorizes the holder to engage in the practice of	1656
cosmetology under the supervision of a licensed managing	1657
cosmetologist up to the date of the holding of the next meeting of	1658
the board for the examination of applicants for license. A	1659
temporary work permit is not renewable and no person is entitled	1660
to more than one such permit. The fee for the temporary work	1661
permit is five dollars.	1662

(I) Applicants for a managing manicurist's license shall be	1663
of good moral character, have the equivalent of an Ohio public	1664
school eighth grade education, and have practiced as a manicurist	1665
in a licensed nail salon, beauty salon, or barber shop in this or	1666
another state of the United States or the District of Columbia for	1667
at least one year, or have completed an additional one hundred	1668
hours of board-approved curriculum in a licensed school of	1669
cosmetology in this state in advanced subjects relative to	1670
manicuring the nails, application of artificial nails, business	1671
management, and supervision.	1672

Certification of an applicant's completion of one year's	1673
experience shall be made to the state board of cosmetology by the	1674
licensed managing manicurist or the licensed managing	1675
cosmetologist, or the owner of the licensed nail salon, beauty	1676
salon, or barber shop in which the applicant has been employed, or	1677
certification of completion of the prescribed course of one	1678
hundred additional hours shall be made to the board by the school	1679
of cosmetology in this state. Upon either of the foregoing	1680
certifications, and except as provided in section 4713.09 of the	1681
Revised Code, upon passage of an examination, the board shall	1682
issue a managing manicurist's license to the applicant.	1683

(J) When determining the total hours of instruction received	1684
by any applicant for licensure under this section, the board shall	1685
not take into account more than eight hours of instruction per day	1686
nor instruction received more than five years prior to issuance of	1687
the initial license.	1688

(K) Applicants for a managing esthetician's license shall be	1689
of good moral character, have the equivalent of an Ohio public	1690
school eighth grade education, and have practiced esthetics as a	1691
cosmetologist or as an esthetician in this or another state of the	1692
United States or the District of Columbia for at least one year or	1693
have completed, in addition to the hours required for licensure as	1694
a cosmetologist or esthetician, at least one hundred fifty hours	1695
of management training in a licensed school of cosmetology in this	1696
state.	1697

Certification to the board of either the completion of the	1698
one year of experience or the additional one hundred fifty hours	1699
of management training qualifies the applicant to take the	1700
examination for licensure as a managing esthetician. Upon	1701
satisfactory passage of the board's examination and payment of all	1702
applicable fees, the board shall issue the applicant a managing	1703
esthetician's license.	1704

(L) Applicants for an initial license as an esthetics	1705
instructor shall be at least eighteen years of age, have the	1706
equivalent of an Ohio public school twelfth grade education, hold	1707
a current managing cosmetologist's or managing esthetician's	1708
license, and have at least one year of experience in the practice	1709
of cosmetology or esthetics as a managing cosmetologist or	1710
managing esthetician in a licensed salon or have five hundred	1711
hours of training as an assistant esthetics instructor.	1712

(M) Applicants for an initial license as a manicurist	1713
instructor shall be at least eighteen years of age, have the	1714
equivalent of an Ohio public school twelfth grade education, hold	1715
a current managing manicurist or managing cosmetologist license	1716
issued in this state, and have practiced as a licensed managing	1717
manicurist or managing cosmetologist in a salon for at least	1718
twelve months. In place of the salon experience, an applicant may	1719
substitute the completion, in addition to the hours required for	1720
licensure as a cosmetologist or manicurist, of three hundred hours	1721
of training in the practice of manicuring instruction in a	1722
licensed school of cosmetology in this stateboard-approved	1723
natural hair stylist training in a school of cosmetology licensed	1724
in this state.	1725

Sec. 4713.29. In accordance with rules adopted under section	1726
4713.08 of the Revised Code, the state board of cosmetology may	1727
waive a condition established by section 4713.28 of the Revised	1728
Code for a license to practice a branch of cosmetology for an	1729
applicant who practices that branch of cosmetology in a state or	1730
country that does not license or register branches of cosmetology.	1731

Sec. 4713.30. The state board of cosmetology shall issue a	1732
managing license to an applicant who satisfies all of the	1733
following applicable conditions:	1734

(A) Is at least sixteen years of age;

1735

(B) Is of good moral character;

1736

(C) Has the equivalent of an Ohio public school tenth grade	1737
education;	1738

(D) Pays to the board the applicable fee;

1739

(E) Passes the appropriate managing license examination;

1740

(F) In the case of an applicant for an initial managing	1741
cosmetologist license, does either of the following:	1742

(1) Has a licensed managing cosmetologist or owner of a	1743
licensed beauty salon located in this or another state certify to	1744
the board that the applicant has practiced as a cosmetologist for	1745
at least two thousand hours in a licensed beauty salon;	1746

(2) Has a school of cosmetology licensed in this state	1747
certify to the board that the applicant has successfully	1748
completed, in addition to the hours required for licensure as a	1749
cosmetologist, at least three hundred hours of board-approved	1750
managing cosmetologist training.	1751

(G) In the case of an applicant for an initial managing	1752
esthetician license, does either of the following:	1753

(1) Has the licensed managing esthetician, licensed managing	1754
cosmetologist, or owner of a licensed esthetics salon or licensed	1755
beauty salon located in this or another state certify to the board	1756
that the applicant has practiced esthetics for at least two	1757
thousand hours as an esthetician in a licensed esthetics salon or	1758
as a cosmetologist in a licensed beauty salon;	1759

(2) Has a school of cosmetology licensed in this state	1760
certify to the board that the applicant has successfully	1761
completed, in addition to the hours required for a licensure as an	1762
esthetician or cosmetologist, at least one hundred fifty hours of	1763
board-approved managing esthetician training.	1764

(H) In the case of an applicant for an initial managing hair	1765
designer license, does either of the following:	1766

(1) Has the licensed managing hair designer, licensed	1767
managing cosmetologist, or owner of a licensed hair design salon	1768
or licensed beauty salon located in this or another state certify	1769
to the board that the applicant has practiced hair design for at	1770
least two thousand hours as a hair designer in a licensed hair	1771
design salon or as a cosmetologist in a licensed beauty salon;	1772

(2) Has a school of cosmetology licensed in this state	1773
certify to the board that the applicant has successfully	1774
completed, in addition to the hours required for licensure as a	1775
hair designer or cosmetologist, at least two hundred forty hours	1776
of board-approved managing hair designer training.	1777

(I) In the case of an applicant for an initial managing	1778
manicurist license, does either of the following:	1779

(1) Has the licensed managing manicurist, licensed managing	1780
cosmetologist, or owner of a licensed nail salon, licensed beauty	1781
salon, or licensed barber shop located in this or another state	1782
certify to the board that the applicant has practiced manicuring	1783
for at least two thousand hours as a manicurist in a licensed nail	1784
salon or licensed barber shop or as a cosmetologist in a licensed	1785
beauty salon or licensed barber shop;	1786

(2) Has a school of cosmetology licensed in this state	1787
certify to the board that the applicant has successfully	1788
completed, in addition to the hours required for licensure as a	1789
manicurist or cosmetologist, at least one hundred thirty hours of	1790
board-approved managing manicurist training.	1791

(J) In the case of an applicant for an initial managing	1792
natural hair stylist license, does either of the following:	1793

(1) Has the licensed managing natural hair stylist, licensed	1794
managing cosmetologist, or owner of a licensed natural hair style	1795
salon or licensed beauty salon located in this or another state	1796
certify to the board that the applicant has practiced natural hair	1797
styling for at least two thousand hours as a natural hair stylist	1798
in a licensed natural hair style salon or as a cosmetologist in a	1799
licensed beauty salon;	1800

(2) Has a school of cosmetology licensed in this state	1801
certify to the board that the applicant has successfully	1802
completed, in addition to the hours required for licensure as	1803
natural hair stylist or cosmetologist, at least one hundred fifty	1804
hours of board-approved managing natural hair stylist training.	1805

Sec. 4713.31. The state board of cosmetology shall issue an	1806
instructor license to an applicant who satisfies all of the	1807
following applicable conditions:	1808

(A) Is at least eighteen years of age;

1809

(B) Is of good moral character;

1810

(C) Has the equivalent of an Ohio public school twelfth	1811
grade education;	1812

(D) Pays to the board the applicable fee;

1813

(E) In the case of an applicant for an initial cosmetology	1814
instructor license, holds a current, valid managing cosmetologist	1815
license issued in this state and does either of the following:	1816

(1) Has the licensed managing cosmetologist or owner of the	1817
licensed beauty salon in which the applicant has been employed	1818
certify to the board that the applicant has engaged in the	1819
practice of cosmetology in a licensed beauty salon for at least	1820
two thousand hours;	1821

(2) Has a school of cosmetology licensed in this state	1822
certify to the board that the applicant has successfully completed	1823
one thousand hours of board-approved cosmetology instructor	1824
training as an apprentice instructor.	1825

(F) In the case of an applicant for an initial esthetics	1826
instructor license, holds a current, valid managing esthetician or	1827
managing cosmetologist license issued in this state and does	1828
either of the following:	1829

(1) Has the licensed managing esthetician, licensed managing	1830
cosmetologist, or owner of the licensed esthetics salon or	1831
licensed beauty salon in which the applicant has been employed	1832
certify to the board that the applicant has engaged in the	1833
practice of esthetics in a licensed esthetics salon or practice of	1834
cosmetology in a licensed beauty salon for at least two thousand	1835
hours;	1836

(2) Has a school of cosmetology licensed in this state	1837
certify to the board that the applicant has successfully completed	1838
at least five hundred hours of board-approved esthetics instructor	1839
training as an apprentice instructor.	1840

(G) In the case of an applicant for an initial hair design	1841
instructor license, holds a current, valid managing hair designer	1842
or managing cosmetologist license and does either of the	1843
following:	1844

(1) Has the licensed managing hair designer, licensed	1845
managing cosmetologist, or owner of the licensed hair design salon	1846
or licensed beauty salon in which the applicant has been employed	1847
certify to the board that the applicant has engaged in the	1848
practice of hair design in a licensed hair design salon or	1849
practice of cosmetology in a licensed beauty salon for at least	1850
two thousand hours;	1851

(2) Has a school of cosmetology licensed in this state	1852
certify to the board that the applicant has successfully completed	1853
at least eight hundred hours of board-approved hair design	1854
instructor's training as an apprentice instructor.	1855

(H) In the case of an applicant for an initial manicurist	1856
instructor license, holds a current, valid managing manicurist or	1857
managing cosmetologist license and does either of the following:	1858

(1) Has the licensed managing manicurist, licensed managing	1859
cosmetologist, or owner of the licensed nail salon or licensed	1860
beauty salon in which the applicant has been employed certify to	1861
the board that the applicant has engaged in the practice of	1862
manicuring in a licensed nail salon or practice of cosmetology in	1863
a licensed beauty salon for at least two thousand hours;	1864

(2) Has a school of cosmetology licensed in this state	1865
certify to the board that the applicant has successfully completed	1866
at least three hundred hours of board-approved manicurist	1867
instructor training as an apprentice instructor.	1868

(I) In the case of an applicant for an initial natural hair	1869
style instructor license, holds a current, valid managing natural	1870
hair stylist or managing cosmetologist license and does either of	1871
the following:	1872

(1) Has the licensed managing natural hair stylist, licensed	1873
managing cosmetologist, or owner of the licensed natural hair	1874
style salon or licensed beauty salon in which the applicant has	1875
been employed certify to the board that the applicant has engaged	1876
in the practice of natural hair styling in a licensed natural hair	1877
style salon or practice of cosmetology in a licensed beauty salon	1878
for at least two thousand hours;	1879

(2) Has a school of cosmetology licensed in this state	1880
certify to the board that the applicant has successfully completed	1881
at least four hundred hours of board-approved natural hair style	1882
instructor training as an apprentice instructor.	1883

Sec. 4713.32. When determining the total hours of instruction	1884
received by an applicant for a license under section 4713.28,	1885
4713.30, or 4713.31 of the Revised Code, the state board of	1886
cosmetology shall not take into account more than eight hours of	1887
instruction per day. The board shall take into account	1888
instruction received more than five years prior to the date of	1889
application for the license in accordance with rules adopted under	1890
section 4713.08 of the Revised Code.	1891

Sec. 4713.09.        Sec. 4713.34. Upon application to theThe state	1892
board of cosmetology, as provided in section 4713.05 of the	1893
Revised Code, accompanied by the required license fee, a person	1894
shall issue a license to practice a branch of cosmetology,	1895
managing license, or instructor license to an applicant who is	1896
licensed or registered as a cosmetologist or in anyin another	1897
state or country to practice that branch of cosmetology under the	1898
laws of any other state or country, or territory of the United	1899
States, or the District of Columbia, where similar reciprocity is	1900
extended to the state of Ohio, shall without examination, unless	1901
the board, in its discretion, sees fit to require examination, be	1902
granted a license to practice the occupation in which the person	1903
is licensed or registered upon, manage that type of salon, or	1904
teach the theory and practice of that branch of cosmetology, as	1905
appropriate, if all of the following conditions are satisfied:	1906

(A) The applicant satisfies all of the following conditions:	1907
that the applicant is	1908

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

1909

(2) Is of good moral character, and excepting the states	1910
which do not license the practice of cosmetology, esthetics, or	1911
manicuring, in which case the board shall exercise its discretion	1912
in the granting of reciprocity, and that the requirements for	1913
registration or license of a cosmetologist and those engaged in	1914
the practice of any branch of cosmetology, in the particular	1915
state, territory, or District of Columbia, or any other state or	1916
country, were at the date of the previous registration or	1917
licensing,;	1918

(3) In the case of an applicant for a practicing license or	1919
managing license, passes an examination conducted under section	1920
4713.24 of the Revised Code for the license the applicant seeks,	1921
unless the applicant satisfies conditions specified in rules	1922
adopted under section 4713.08 of the Revised Code for the board to	1923
issue the applicant a license without taking the examination;	1924

(4) Pays the applicable fee.

1925

(B) At the time the applicant obtained the license or	1926
registration in the other state or country, the requirements in	1927
this state for obtaining the license the applicant seeks were	1928
substantially equal to the other state or country's requirements	1929
then enforced in this state.	1930

(C) The jurisdiction that issued the applicant's license or	1931
registration extends similar reciprocity to persons holding a	1932
license issued by the board.	1933

Sec. 4713.35. A person who holds a current, valid	1934
cosmetologist license issued by the state board of cosmetology may	1935
engage in the practice of one or more branches of cosmetology as	1936
the person chooses.	1937

A person who holds a current, valid esthetician license	1938
issued by the board may engage in the practice of esthetics but no	1939
other branch of cosmetology.	1940

A person who holds a current, valid hair designer license	1941
issued by the board may engage in the practice of hair design but	1942
no other branch of cosmetology.	1943

A person who holds a current, valid manicurist license issued	1944
by the board may engage in the practice of manicuring but no other	1945
branch of cosmetology.	1946

A person who holds a current, valid natural hair stylist	1947
license issued by the board may engage in the practice of natural	1948
hair styling but no other branch of cosmetology.	1949

A person who holds a current, valid managing cosmetologist	1950
license issued by the board may manage all types of salons and	1951
engage in the practice of one or more branches of cosmetology as	1952
the person chooses.	1953

A person who holds a current, valid managing esthetician	1954
license issued by the board may manage an esthetics salon, but no	1955
other type of salon, and engage in the practice of esthetics, but	1956
no other branch of cosmetology.	1957

A person who holds a current, valid managing hair designer	1958
license issued by the board may manage a hair design salon, but no	1959
other type of salon, and engage in the practice of hair design,	1960
but no other branch of cosmetology.	1961

A person who holds a current, valid managing manicurist	1962
license issued by the board may manage a nail salon, but no other	1963
type of salon, and engage in the practice of manicuring, but no	1964
other branch of cosmetology.	1965

A person who holds a current, valid managing natural hair	1966
stylist license issued by the board may manage a natural hair	1967
style salon, but no other type of salon, and engage in the	1968
practice of natural hair styling, but no other branch of	1969
cosmetology.	1970

A person who holds a current, valid cosmetology instructor	1971
license issued by the board may teach the theory and practice of	1972
one or more branches of cosmetology at a school of cosmetology as	1973
the person chooses.	1974

A person who holds a current, valid esthetics instructor	1975
license issued by the board may teach the theory and practice of	1976
esthetics, but no other branch of cosmetology, at a school of	1977
cosmetology.	1978

A person who holds a current, valid hair design instructor	1979
license issued by the board may teach the theory and practice of	1980
hair design, but no other branch of cosmetology, at a school of	1981
cosmetology.	1982

A person who holds a current, valid manicurist instructor	1983
license issued by the board may teach the theory and practice of	1984
manicuring, but no other branch of cosmetology, at a school of	1985
cosmetology.	1986

A person who holds a current, valid natural hair style	1987
instructor license issued by the board may teach the theory and	1988
practice of natural hair styling, but no other branch of	1989
cosmetology, at a school of cosmetology.	1990

Sec. 4713.36. A licensed manicurist or licensed managing	1991
manicurist may engage in the practice of manicuring at a nail	1992
salon or beauty salon licensed under section 4713.41 of the	1993
Revised Code or a barber shop licensed under Chapter 4709. of the	1994
Revised Code.	1995

Sec. 4713.37. (A) The state board of cosmetology may issue a	1996
temporary special occasion work permit to a person who satisfies	1997
all of the following conditions:	1998

(1) Has been licensed or registered in another state or	1999
country to practice a branch of cosmetology or teach the theory	2000
and practice of a branch of cosmetology for at least five years;	2001

(2) Is a recognized expert in the practice or teaching of	2002
the branch of cosmetology the person practices or teaches;	2003

(3) Is to practice that branch of cosmetology or teach the	2004
theory and practice of that branch of cosmetology in this state as	2005
part of a promotional or instructional program for no more than	2006
the amount of time a temporary special occasion work permit is	2007
effective;	2008

(4) Satisfies all other conditions for a temporary special	2009
occasion work permit established by rules adopted under section	2010
4713.08 of the Revised Code;	2011

(5) Pays the fee established by rules adopted under section	2012
4713.08 of the Revised Code.	2013

(B) A person issued a temporary special occasion work permit	2014
may practice the branch of cosmetology the person practices in	2015
another state or country, or teach the theory and practice of the	2016
branch of cosmetology the person teaches in another state or	2017
country, until the expiration date of the permit. A temporary	2018
special occasion work permit is valid for the period of time	2019
specified in rules adopted under section 4713.08 of the Revised	2020
Code.	2021

Sec. 4713.39. The state board of cosmetology shall issue a	2022
license to engage in the practice of a branch of cosmetology as an	2023
independent contractor to an applicant who pays the applicable	2024
fee; holds a current, valid license to manage the type of salon in	2025
which the applicant will practice that branch of cosmetology; and	2026
satisfies the conditions for the license established by rules	2027
adopted under section 4713.08 of the Revised Code.	2028

Sec. 4713.14.        Sec. 4713.41. (A) Beauty salons shall be inThe	2029
state board of cosmetology shall issue a license to operate a	2030
salon to an applicant who pays the applicable fee and affirms that	2031
all of the following conditions will be met:	2032

(A)(1) A person holding a current, valid managing	2033
cosmetologist license or license to manage that type of salon has	2034
charge of and under the immediate supervision of a licensed	2035
managing cosmetologist and esthetics salons shall be in charge of	2036
and under the immediate supervision of a licensed managing	2037
cosmetologist or a licensed managing esthetician. Beauty salons	2038
and esthetics salons shall beover the salon at all times when the	2039
salon is open for business except as permitted under division	2040
(A)(2) of this section.	2041

(2) A business establishment that is engaged primarily in	2042
retail sales but is also licensed as a salon shall have a person	2043
holding a current, valid managing license for that type of salon	2044
in charge of and in immediate supervision of the salon during	2045
posted or advertised service hours, if the practice of cosmetology	2046
is restricted to those posted or advertised service hours.	2047

(B) The salon is equipped to providedo all of the	2048
following:	2049

(1) Provide potable running hot and cold water and proper	2050
drainage, to sanitize;	2051

(2) Sanitize all instruments and supplies used therein in	2052
the practicebranch of cosmetology and any of its branches, and to	2053
sterilizeprovided at the salon;	2054

(3) If cosmetic therapy, massage therapy, or other	2055
professional service is provided at the salon under section	2056
4713.42 of the Revised Code, sanitize all instruments and supplies	2057
used therein byin the cosmetic therapists authorized to practice	2058
under section 4731.15 of the Revised Codetherapy, massage	2059
therapy, or other professional service.	2060

(C) Except as provided in division (C) of this section,	2061
rooms licensed as beauty salons or esthetics salons shall be used	2062
only for the practice of services regulated and licensed under	2063
this chapter and section 4731.15sections 4713.42 and 4713.49 of	2064
the Revised Code, beonly the branch of cosmetology that the salon	2065
is licensed to provide is practiced at the salon.	2066

(D) The salon is kept in a clean and sanitary condition, and	2067
be properly ventilated. Nothing in this section shall be construed	2068
to forbid the retailing of cosmetics, preparations, tonics,	2069
antiseptics, creams, lotions, wigs, postiches, and other items	2070
related to the practice of cosmetology, including clothing, or	2071
forbid the provision of glamour photography, in a beauty salon or	2072
esthetics salon.	2073

(E) No food shall beis sold in rooms used as beauty salons	2074
or esthetics salonsat the salon in a manner inconsistent with	2075
rules adopted under section 4713.08 of the Revised Code.	2076

(B) Nail salons shall be in charge of and under the	2077
immediate supervision of a licensed managing manicurist or a	2078
licensed managing cosmetologist. Nail salons shall be equipped to	2079
provide potable running hot and cold water and proper drainage,	2080
and to sanitize all instruments and supplies used therein in the	2081
manicuring of nails or in the practice of massage. Rooms licensed	2082
as nail salons shall be used only for the practice of services	2083
regulated and licensed under this chapter, and must be kept in a	2084
clean and sanitary condition and be properly ventilated. Nothing	2085
in this section shall be construed to forbid the retailing of	2086
cosmetics, creams, lotions, and other items related to the	2087
manicuring of nails, including clothing, in a nail salon. No food	2088
shall be sold in rooms used as nail salons.	2089

(C) Where the owner or operator of a beauty salon, nail	2090
salon, or a school of cosmetology has a permit issued under	2091
section 4713.25 of the Revised Code, tanning facilities may be	2092
operated in beauty salons, nail salons, and schools of cosmetology	2093
in accordance with rules that the state board of cosmetology may	2094
adopt pertaining to the operation of tanning facilities in beauty	2095
salons, nail salons, and schools.	2096

(D) The owner or operator of a beauty salon or nail salon	2097
may provide massage services at the salon if the services are	2098
provided in accordance with any rules adopted under section	2099
4713.02 of the Revised Code and the person giving the service	2100
holds a current, valid certificate issued under section 4731.15 of	2101
the Revised Code. Any room used to provide massage services in a	2102
salon shall be used for only that purpose and is subject to the	2103
requirements relating to cleanliness and ventilation established	2104
in division (A) of this section.	2105

Sec. 4713.42. A person holding a current, valid certificate	2106
issued under section 4731.15 of the Revised Code to provide	2107
cosmetic therapy or massage therapy may provide cosmetic therapy	2108
or massage therapy, as appropriate, in a salon. A person holding	2109
a current, valid license or certificate issued by a professional	2110
regulatory board of this state may practice the person's	2111
profession in a salon if the person's profession is authorized by	2112
rules adopted under section 4713.08 of the Revised Code to	2113
practice in a salon.	2114

A person providing cosmetic therapy, massage therapy, or	2115
other professional service in a salon pursuant to this section	2116
shall satisfy the standards established by rules adopted under	2117
section 4713.08 of the Revised Code.	2118

Sec. 4713.15.        Sec. 4713.44. SchoolsThe state board of cosmetology	2119
shall issue a license to operate a school of cosmetology shall	2120
meetto an applicant who pays the applicable fee and satisfies all	2121
of the following requirements:	2122

(A) Maintain a school term of not less than fifteen hundred	2123
hours for the majority of the practices of cosmetology and not	2124
less than six hundred hours' instruction and practical training in	2125
the field of esthetics, and maintainMaintains a course of	2126
practical training and technical instruction for the branch or	2127
branches of cosmetology to be taught at the school equal to the	2128
requirements for admission to an examination for license as a	2129
cosmetologist and an esthetician set forth inunder section	2130
4713.064713.24 of the Revised Code that a person must pass to	2131
obtain a license to practice that branch or those branches of	2132
cosmetology;	2133

(B) PossessPossesses or makemakes available apparatus and	2134
equipment sufficient for the ready and full teaching of all	2135
subjects of the curriculum;	2136

(C) MaintainMaintains persons licensed as cosmetology,	2137
manicurist, and esthetics instructors, under section 4713.04	2138
4713.31 or 4713.34 of the Revised Code, as instructors ofto teach	2139
the theory and practicespractice of the branches of cosmetology.	2140
They may employ persons not licensed as instructors as teachers of	2141
subjects related to cosmetology, provided a licensed cosmetology	2142
instructor is present.;	2143

(D) NotifyNotifies the state board of cosmetology of the	2144
enrollment of each new student, keep a daily record of the	2145
attendance of each student andkeeps a record devoted to the	2146
different practices, establishestablishes grades, and holdholds	2147
examinations in order to certify the students' completion of the	2148
prescribed course of study before the issuance of certificates of	2149
completion.;	2150

(E) FileIn the case of a school of cosmetology that offers	2151
clock hours for the purpose of satisfying minimum hours of	2152
training and instruction, keeps a daily record of the attendance	2153
of each student;	2154

(F) On the date that an apprentice cosmetology instructor	2155
begins cosmetology instructor training at the school, certifies	2156
the name of the apprentice cosmetology instructor to the board	2157
along with the date on which the apprentice's instructor training	2158
began;	2159

(G) Instructs no more than six apprentice cosmetology	2160
instructors at any one time;	2161

(H) Files with the board a good and sufficient surety bond	2162
executed by the person, firm, or corporation operating the school	2163
of cosmetology as principal and by a surety company as surety in	2164
the amount of ten thousand dollars; provided, that this	2165
requirement does not apply to a vocational program conducted by a	2166
city, exempted village, local, or joint vocational school	2167
district. The bond shall be in the form prescribed by the board	2168
and be conditioned upon the school's continued instruction in the	2169
theory and practice of the branches of cosmetology. Every bond	2170
shall continue in effect until notice of its termination is given	2171
to the board by registered mail and every bond shall so provide.	2172

Any student who is injured or damaged by reason of a school's	2173
failure to continue instruction in the theory and practice of	2174
cosmetology may maintain an action on the bond against the school,	2175
or surety named therein, or both of them, for the recovery of any	2176
money or tuition paid in advance, for instruction in the theory	2177
and practice of cosmetology which was not received. The aggregate	2178
liability of the surety to all students shall not exceed the sum	2179
of the bond.	2180

No branch of cosmetology shall be taught in a beauty salon to	2181
persons not licensed as cosmetologists.	2182

Sec. 4713.45. (A) A school of cosmetology may do the	2183
following:	2184

(1) In accordance with rules adopted under section 4713.08	2185
of the Revised Code, a school of cosmetology operated by a public	2186
entity may offer clock hours, credit hours, or competency-based	2187
credits, and a school of cosmetology that is operated by a private	2188
person may offer clock or credit hours, for the purpose of	2189
satisfying minimum hours of training and instruction;	2190

(2) Allow an apprentice cosmetology instructor the regular	2191
quota of students prescribed by the state board of cosmetology if	2192
a cosmetology instructor is present;	2193

(3) Compensate an apprentice cosmetology instructor;

2194

(4) Subject to division (B) of this section, employ a	2195
person who does not hold a current, valid instructor license to	2196
teach subjects related to a branch of cosmetology.	2197

(B) A school of cosmetology shall have a licensed cosmetology	2198
instructor present when a person employed pursuant to division	2199
(A)(4) of this section teaches at the school, unless the person is	2200
one of the following:	2201

(1) A person with a current, valid teacher's certificate or	2202
educator license issued by the state board of education;	2203

(2) A person with a bachelor's degree in the subject the	2204
person teaches at the school;	2205

(3) A person also employed by a university or college to	2206
teach the subject the person teaches at the school.	2207

Sec. 4713.46. A student who is injured or damaged by reason	2208
of the failure of a school of cosmetology to continue instruction	2209
in the theory and practice of a branch of cosmetology may maintain	2210
an action on the bond against the school, or surety named therein,	2211
or both of them, for the recovery of any money or tuition paid in	2212
advance for instruction in the theory and practice of a branch of	2213
cosmetology that was not received. The aggregate liability of the	2214
surety to all students shall not exceed the sum of the bond.	2215

Sec. 4713.25.        Sec. 4713.48.  (A) As used in this section, "tanning	2216
facility" means a room or booth which houses equipment or beds	2217
used for tanning the human skin by the use of fluorescent sun	2218
lamps using ultraviolet or other artificial radiation.	2219

(B) The state board of cosmetology, pursuant to Chapter 119.	2220
of the Revised Code, shall adopt rules:	2221

(1) Requiring that tanning facilities be installed and	2222
operated in a manner that ensures the health and safety of	2223
consumers using them;	2224

(2) Establishing the procedures governing applications for	2225
permits required by this section;	2226

(3) Setting fees for permits and renewal which cover the	2227
costs incurred by the board in inspecting tanning facilities and	2228
enforcing the rules of the board, but which in any case shall not	2229
exceed one hundred dollars for a permit or renewal for each	2230
location of such facilities.	2231

(C) The rules adopted under division (B)(1) of this section	2232
shall include but not be limited to the following:	2233

(1) A rule establishing a maximum safe time of exposure to	2234
radiation and a maximum safe temperature at which sun lamps may be	2235
operated;	2236

(2) A rule requiring that the consumer wear protective	2237
eyeglasses and that the consumer be supervised as to the length of	2238
time he uses a tanning facility;	2239

(3) A rule requiring the operator to prohibit consumers from	2240
standing too close to sun lamps and to post signs warning	2241
consumers of the potential effects of radiation on persons taking	2242
certain medications and of the possible relationship of the	2243
radiation to skin cancer;	2244

(4) A rule requiring the installation of protective	2245
shielding for sun lamps and handrails for consumers;	2246

(5) A rule requiring that floors be dry during operation of	2247
lamps.	2248

(D) No person shall own or operate any tanning facilities	2249
that are offered to the public for a fee or other compensation	2250
unless the person holds a valid permit issued by the board. The	2251
permit holder shall post the permit in a conspicuous place on any	2252
premises where the tanning facilities are located. A person shall	2253
obtain a separate permit for each of the premises owned or	2254
operated by that person.	2255

(E) The state board of cosmetology shall issue a permit to	2256
any person who filesoperate a tanning facility to an applicant if	2257
all of the following conditions are satisfied:	2258

(1) The applicant applies in accordance with the application	2259
on a form prescribedprocess adopted by the board andrules	2260
adopted under section 4713.08 of the Revised Code.	2261

(2) The applicant pays to the treasurer of state the fee	2262
established by the board, if anthose rules.	2263

(3) An initial inspection of the premises indicates that the	2264
premises and the tanning facilities arefacility has been	2265
installed and will be operated in accordance with anythose rules	2266
established under division (B)(1) of this section.	2267

(B) A permit holder shall post the permit in a public and	2268
conspicuous place on any premises where the tanning facility is	2269
located. A person shall obtain a separate permit for each of the	2270
premises owned or operated by that person at which the person	2271
seeks to operate a tanning facility.	2272

(C) A permit holder may biennially renew a permit by the	2273
thirtiethlast day of January of each odd-numbered year upon	2274
payment to the treasurer of state of the biennial renewal fee,	2275
except that the board may, after a hearing in accordance with	2276
Chapter 119. of the Revised Code, refuse to renew the permit of	2277
any owner or operator who has violated the rules of the board for	2278
the safe operation of tanning facilities.	2279

(F) The board may appoint inspectors as needed who shall	2280
make periodic inspections of tanning facilities as specified by	2281
the board. The board, after a hearing in accordance with Chapter	2282
119. of the Revised Code, may suspend any permit where the owner	2283
or operator fails to correct any unsafe conditions that exist in	2284
violation of the rules of the board or fails to cooperate in any	2285
inspection of tanning facilities by the inspector.	2286

If any violation has resulted in a condition deemed by an	2287
inspector to create an immediate danger to the health and safety	2288
of any person using the tanning facilities, the inspector may	2289
suspend the permit without a prior hearing until the unsafe	2290
condition is corrected or until a hearing in accordance with	2291
Chapter 119. of the Revised Code is held and the board either	2292
upholds the suspension by the inspector or reinstates the permit.	2293

Sec. 4713.49. The owner or manager of a salon that has a	2294
permit issued under section 4713.48 of the Revised Code may	2295
operate a tanning facility at the salon or school.	2296

Sec. 4713.08.        Sec. 4713.55.  Every license issued by the state	2297
board of cosmetology shall be signed by the chairmanchairperson	2298
and attested by the executive director thereof, with the seal of	2299
the board attached; and every such license shall be.	2300

The board shall specify on each practicing license that the	2301
board issues the branch of cosmetology that the license entitles	2302
the holder to practice. The board shall specify on each managing	2303
license that the board issues the type of salon that the license	2304
entitles the holder to manage and the branch of cosmetology that	2305
the license entitles the holder to practice. The board shall	2306
specify on each instructor license that the board issues the	2307
branch of cosmetology that the license entitles the holder to	2308
teach. Such licenses are prima-facie evidence of the right of the	2309
holder to practice or teach the branch of cosmetology, or the	2310
branch thereof whichmanage the type of salon, that the license	2311
designatesspecifies.	2312

Sec. 4713.16.        Sec. 4713.56.  Every holder of a practicing license,	2313
managing license, instructor license, or independent contractor	2314
license issued by the state board of cosmetology to operate a	2315
school of cosmetology, nail salon, beauty salon, or esthetics	2316
salon, or to practice cosmetology or any branch of cosmetology,	2317
shall display the license in a public and conspicuous place in the	2318
principal office, place of business, or place of employment of the	2319
holder.	2320

Every holder of a license to operate a salon issued by the	2321
board shall display the license in a public and conspicuous place	2322
in the salon.	2323

Every holder of a license to operate a school of cosmetology	2324
issued by the board shall display the license in a public and	2325
conspicuous place in the school.	2326

Every holder of a current, valid certificate of registration	2327
issued under section 4731.15 of the Revised Code to practice	2328
massage,person who practicesprovides cosmetic therapy, massage	2329
therapy, or other professional service in a salon under section	2330
4713.144713.42 of the Revised Code, shall display the person's	2331
professional license or certificate in a public and conspicuous	2332
place in the room used for massage servicesthe therapy or other	2333
service.	2334

Sec. 4713.57. A license issued by the state board of	2335
cosmetology is valid until the last day of January of the	2336
odd-numbered year following its original issuance or renewal,	2337
unless the license is revoked or suspended prior to that date.	2338
Renewal shall be done in accordance with the standard renewal	2339
procedure of Chapter 4745. of the Revised Code. The board may	2340
refuse to renew a license if the person holding the license has an	2341
outstanding unpaid fine levied under section 4713.64 of the	2342
Revised Code.	2343

Sec. 4713.58. (A) Except as provided in division (B) of this	2344
section, on payment of the renewal fee and submission of proof	2345
satisfactory to the state board of cosmetology that any applicable	2346
continuing education requirements have been completed, a person	2347
currently licensed as:	2348

(1) A cosmetology instructor who has previously been	2349
licensed as a cosmetologist or a managing cosmetologist, is	2350
entitled to the reissuance of a cosmetologist or managing	2351
cosmetologist license;	2352

(2) An esthetics instructor who has previously been	2353
licensed as an esthetician or a managing esthetician, is entitled	2354
to the reissuance of an esthetician or managing esthetician	2355
license;	2356

(3) A hair design instructor who has previously been	2357
licensed as a hair designer or a managing hair designer, is	2358
entitled to the reissuance of a hair designer or managing hair	2359
designer license;	2360

(4) A manicurist instructor who has previously been	2361
licensed as a manicurist or a managing manicurist, is entitled to	2362
the reissuance of a manicurist or managing manicurist license;	2363

(5) A natural hair style instructor who has previously been	2364
licensed as a natural hair stylist or a managing natural hair	2365
stylist, is entitled to the reissuance of a natural hair stylist	2366
or managing natural hair stylist license.	2367

(B) No person is entitled to the reissuance of a license	2368
under division (A) of this section if the license was revoked or	2369
suspended or the person has an outstanding unpaid fine levied	2370
under section 4713.64 of the Revised Code.	2371

Sec. 4713.111.        Sec. 4713.59.  (A) As used in this section,	2372
"biennial licensing period" means the two-year period beginning on	2373
the thirty-first day of January of an odd-numbered year and ending	2374
on the thirtieth day of January of the next odd-numbered year.	2375

(B) TheIf the state board of cosmetology may adoptadopts	2376
rules in accordance with Chapter 119.under section 4713.09 of the	2377
Revised Code to establish a continuing education requirement as a	2378
condition of renewal for anya practicing license issued under	2379
this chapter. The board may implement a continuing education	2380
requirement for all persons licensed under this chapter or for any	2381
class or combination of classes of such persons.	2382

The, managing license, or instructor license, the board shall	2383
inform each affected licensee of the continuing education	2384
requirement that applies to the next biennial licensing period by	2385
including a notification in the license renewal application form	2386
it sends the licensee. The notification shall state that the	2387
licensee must complete the continuing education requirement by the	2388
thirtiethlast day of January of the next odd-numbered year.	2389

(C) A continuing education requirement established under	2390
this section shall not exceed eight hours in any biennial	2391
licensing period. Hours completed in excess of the requirement	2392
may not be applied to the next biennial licensing period.	2393

(D) If a continuing education requirement is established,	2394
the board's rules shall establish a schedule of reasonable prices	2395
that may be charged for attending continuing education programs	2396
approved under this section. The board shall ensure that a	2397
sufficient number of programs are available at such reasonable	2398
prices so that a licensee who so desires may meet the continuing	2399
education requirement at a cost of not more than fifty dollars.	2400
The board's rules may establish a maximum cost for meeting the	2401
continuing education requirement in excess of fifty dollars,	2402
provided that the cost does not exceed seventy-five dollars.	2403

(E) Any person desiring to offer a program for continuing	2404
education credit shall, before offering the program, apply to the	2405
board for approval of the program and the price that will be	2406
charged for attending the program. The board shall encourage	2407
applicants for approval to charge the applicable reasonable price	2408
established in rules adopted under this section. The board may	2409
approve a program even if the price for attending the program	2410
exceeds the applicable reasonable price.	2411

If the board approves a program, the applicant may offer the	2412
program for continuing education credit. The board shall charge	2413
the applicant an approval fee adequate to cover any expense	2414
incurred by the board through the approval process.	2415

The board may approve a program for continuing education	2416
credit only if the applicant is an employee, officer, or director	2417
of a nonprofit professional association, college or university,	2418
vocational school, postsecondary proprietary school of cosmetology	2419
licensed by the board, or manufacturer of supplies or equipment	2420
used in the practice of cosmetology. The board shall not approve	2421
a program unless the program will do at least one of the	2422
following:	2423

(1) Enhance the professional competency of the affected	2424
licensees;	2425

(2) Protect the public;

2426

(3) Educate the affected licensees in the application of the	2427
laws and rules regulating the practice of cosmetology.	2428

(F) A person offering programs approved for continuing	2429
education credit shall provide the board with a tentative schedule	2430
of programs. The board shall ensure that a sufficient number of	2431
programs are scheduled at times frequent enough to make the	2432
programs readily available to all licensees throughout the state.	2433

(G) If the board adopts a continuing education requirement	2434
under this section, upon a review of reported violations of this	2435
chapter and the board's rules, the board may determine that a	2436
continuing education program focusing on certain sections of this	2437
chapter and the board's rules would be beneficial to the	2438
profession of cosmetology and the public. Once this determination	2439
has been made, the board may develop a continuing education	2440
program that is designed to correct the violations, and may make	2441
necessary arrangements to conduct the continuing education	2442
program. The program shall be available to all licensees. The	2443
board shall charge a fee for attending the program sufficient to	2444
cover any costs incurred by the board. Satisfactory completion of	2445
the program may be applied toward completion of the continuing	2446
education requirement.	2447

(B) If the board adopts a continuing education requirement	2448
that applies to the same biennial licensing period in which the	2449
requirement is adopted, the board shall send a notice to all	2450
affected licensees stating the types of courses and the number of	2451
hours that are required. Each affected licensee shall complete	2452
the requirement within one year from the date on which the notice	2453
is sent by the board. Upon completion of the requirement, the	2454
licensee shall provide proof of such completion to the board. If	2455
a licensee has not completed a continuing education requirement	2456
described in this division at the time of license renewal, the	2457
licensee shall provide, as part of the renewal application, proof	2458
of registration for courses that satisfy the requirement.	2459

Sec. 4713.11.        Sec. 4713.60.  (A) Every licensee, as provided in	2460
sections 4713.01 to 4713.25 of the Revised Code, shall renew his	2461
license by the thirtieth day of January of each odd-numbered year	2462
by applying to the state board of cosmetology pursuant to the	2463
standard renewal procedure of Chapter 4745. of the Revised Code.	2464
Application shall be made on forms provided by the board and shall	2465
include the renewal fee established under section 4713.10 of the	2466
Revised Code. Except as provided in division (C) of this section,	2467
the applicanta person seeking a renewal of a license to practice	2468
a branch of cosmetology, managing license, or instructor license	2469
shall include in the renewal application proof satisfactory to the	2470
board of completion of any applicable continuing education	2471
requirements established by rules adopted by the board under	2472
section 4713.1114713.09 of the Revised Code.	2473

(B) If an applicant fails to provide satisfactory proof of	2474
completion of any applicable continuing education requirements,	2475
the board shall notify the applicant that the application is	2476
incomplete. The board shall not renew the license until the	2477
applicant provides satisfactory proof of completion of any	2478
applicable continuing education requirements. The board may	2479
provide the applicant with an extension of up to ninety days in	2480
which to complete the continuing education requirement. In	2481
providing for the extension, the board may charge the licensee a	2482
fine of up to one hundred dollars.	2483

(C) The board may waive, or extend the period for	2484
completing, any continuing education requirement adopted under	2485
section 4713.111 of the Revised Code if a licensee applies to the	2486
board and provides proof satisfactory to the board of being unable	2487
to complete the requirement within the time allowed because of any	2488
of the following:	2489

(1) An emergency;

2490

(2) An unusual or prolonged illness;

2491

(3) Active duty service in any branch of the armed forces of	2492
the United States.	2493

The board shall determine the period of time during which	2494
each extension is effective and shall inform the applicant. The	2495
board shall also inform the applicant of the continuing education	2496
requirements that must be met to have the license renewed. If an	2497
extension is granted for less than one year, the continuing	2498
education requirement for that year, in addition to the required	2499
continuing education for the succeeding year, must be completed in	2500
the succeeding year. In all other cases the board may waive all	2501
or part of the continuing education requirement on a case-by-case	2502
basis. Any required continuing education shall be completed and	2503
satisfactory proof of its completion submitted to the board by a	2504
date specified by the board. Every license which has not been	2505
renewed in any odd-numbered year by the thirtiethlast day of	2506
January and for which the continuing education requirement has not	2507
been waived or extended shall be considered expired.	2508

(D) If the board adopts a continuing education requirement	2509
under section 4713.111 of the Revised Code, it may develop a	2510
procedure by which a licensee who is not currently engaged in the	2511
practice of cosmetology, but desires to be so engaged in the	2512
future, may apply to the board to have his license classified as	2513
inactive.	2514

Licensees desiring to have their licenses classified as	2515
inactive shall apply to the board on forms provided by the board	2516
and shall pay the fee established under this division. A license	2517
classified as inactive license shall remain inactive at least	2518
until the thirtieth day of January of the next odd-numbered year.	2519

If the board develops a procedure for classifying licenses as	2520
inactive, the board shall adopt a rule establishing a fee for	2521
having licenses classified as inactive. The fee shall reflect the	2522
costs to the board of providing the inactive license service. The	2523
board shall also adopt rules establishing a continuing education	2524
requirement to be completed to have an inactive license restored.	2525
The continuing education requirement shall be sufficient to ensure	2526
the minimum competency required by a licensee necessary to protect	2527
the public. The board shall not restore an inactive license until	2528
the licensee submits proof satisfactory to the board that the	2529
continuing education requirement has been completed.	2530

(E) Any licensed cosmetologist, managing cosmetologist,	2531
esthetician, managing esthetician, cosmetology instructor,	2532
manicurist instructor, esthetics instructor, manicurist, or	2533
managing manicurist who is not currently engaged in the practice	2534
of cosmetology and who does not hold an inactive license may have	2535
his license restored only upon payment of all lapsed renewal fees	2536
and submitting proof satisfactory to the board that any applicable	2537
continuing education requirements have been completed; provided	2538
that no cosmetologist, managing cosmetologist, esthetician,	2539
managing esthetician, cosmetology instructor, manicurist	2540
instructor, esthetics instructor, manicurist, or managing	2541
manicurist who has not been engaged in the practice of cosmetology	2542
for more than two years and who does not hold an inactive license	2543
may have his license restored without passing an examination as	2544
provided in section 4713.06 of the Revised Code.	2545

(F) Upon payment of the renewal fee provided in division (D)	2546
of section 4713.10 of the Revised Code and submitting proof	2547
satisfactory to the board that any applicable continuing education	2548
requirements have been completed, a person currently licensed as:	2549

(1) A cosmetology instructor who has previously been	2550
licensed as a cosmetologist or a managing cosmetologist, is	2551
entitled to the reissuance of a cosmetologist or managing	2552
cosmetologist license;	2553

(2) A manicurist instructor who has previously been licensed	2554
as a manicurist or a managing manicurist, is entitled to the	2555
reissuance of a manicurist or managing manicurist license;	2556

(3) An esthetics instructor who has previously been licensed	2557
as an esthetician or a managing esthetician, is entitled to the	2558
reissuance of an esthetician or managing esthetician license.	2559

(G) The board may refuse to renew the license of any salon,	2560
school, or other license holder that has outstanding an unpaid	2561
fine that was levied under section 4713.17 of the Revised Code.	2562

Sec. 4713.61. (A) If the state board of cosmetology adopts a	2563
continuing education requirement under section 4713.09 of the	2564
Revised Code, it may develop a procedure by which a person who	2565
holds a license to practice a branch of cosmetology, managing	2566
license, or instructor license and who is not currently engaged in	2567
the practice of the branch of cosmetology, managing a salon, or	2568
teaching the theory and practice of the branch of cosmetology, but	2569
who desires to be so engaged in the future, may apply to the board	2570
to have the person's license classified inactive. If the board	2571
develops such a procedure, a person seeking to have the person's	2572
license classified inactive shall apply to the board on a form	2573
provided by the board and pay the fee established by rule adopted	2574
under section 4713.08 of the Revised Code.	2575

(B) The board shall not restore an inactive license until	2576
the later of the following:	2577

(1) The date that the person holding the license submits	2578
proof satisfactory to the board that the person has completed the	2579
continuing education that a rule adopted under section 4713.08 of	2580
the Revised Code requires;	2581

(2) The last day of January of the next odd-numbered year	2582
following the year the license is classified inactive.	2583

(C) A person who holds an inactive license may engage in the	2584
practice of a branch of cosmetology if the person holds a	2585
temporary work permit as specified in rules adopted by the board	2586
under section 4713.08 of the Revised Code.	2587

Sec. 4713.62. (A) A person holding a practicing license,	2588
managing license, or instructor license may satisfy a continuing	2589
education requirement established by rules adopted under section	2590
4713.09 of the Revised Code only by completing continuing	2591
education programs approved under division (B) of this section or	2592
developed under division (C) of this section.	2593

(B) The state board of cosmetology shall approve a	2594
continuing education program if all of the following conditions	2595
are satisfied:	2596

(1) The person operating the program submits to the board a	2597
written application for approval.	2598

(2) The person operating the program pays to the board a	2599
fee established by rule adopted under section 4713.08 of the	2600
Revised Code.	2601

(3) The program is operated by an employee, officer, or	2602
director of a nonprofit professional association, college or	2603
university, vocational school, postsecondary proprietary school of	2604
cosmetology licensed by the board, salon licensed by the board, or	2605
manufacturer of supplies or equipment used in the practice of a	2606
branch of cosmetology.	2607

(4) The program will protect public health and safety.

2608

(5) The person operating the program provides the board a	2609
tentative schedule of when the program will be available so that	2610
the board can make the schedule readily available to all	2611
licensees throughout the state.	2612

Sec. 4713.63. A practicing license, managing license, or	2613
instructor license that has not been renewed for any reason other	2614
than because it has been revoked, suspended, or classified	2615
inactive, or because the license holder has been given a waiver or	2616
extension under section 4713.60 of the Revised Code, is expired.	2617
An expired license may be restored if the person who held the	2618
license meets all of the following applicable conditions:	2619

(A) Pays the restoration fee;

2620

(B) Pays all lapsed renewal fees;

2621

(C) Submits proof satisfactory to the state board of	2622
cosmetology that the person has completed all applicable	2623
continuing education requirements;	2624

(D) In the case of a practicing license or managing license	2625
that has been expired for more than two years, retakes and passes	2626
an examination conducted under section 4713.24 of the Revised Code	2627
for the branch of cosmetology that the person seeks to practice or	2628
type of salon the person seeks to manage.	2629

Sec. 4713.17.        Sec. 4713.64.  (A) In accordance with Chapter 119.	2630
of the Revised Code, the state board of cosmetology may deny,	2631
revoke, or suspend a license or permit issued by the board or	2632
impose a fine of not more than one hundred dollars per violation	2633
for any of the following:	2634

(1) Failure of a person operating a nail salon, beauty	2635
salon, esthetics salon, tanning facility, or school of cosmetology	2636
to comply with the requirements of sections 4713.01 to 4713.25 of	2637
the Revised Codethis chapter or rules adopted under it;	2638

(2) Failure to comply with the sanitary rules adopted by the	2639
board or by the department of health for the regulation of nail	2640
salons, beauty salons, esthetics salons, schools of cosmetology,	2641
or the practice of cosmetology;	2642

(3) Failure of a person operating a beauty salon or nail	2643
salon where massage services are provided under section 4713.14 of	2644
the Revised Code to ensure that the person providing the massage	2645
services complies with the sanitary rules adopted by the board or	2646
by the department of health for the regulation of salons;	2647

(4) Continued practice by a person knowingly having an	2648
infectious or contagious disease;	2649

(5)(3) Habitual drunkenness or addiction to any	2650
habit-forming drug;	2651

(6)(4) Willful false and fraudulent or deceptive	2652
advertising;	2653

(7)(5) Falsification of any record or application required	2654
to be filed with the board;	2655

(8)(6) Failure to pay a fine or abide by a suspension order	2656
issued by the board.	2657

(B) The board may impose a separate fine for each offense	2658
listed in division (A) of this section. The amount of a fine	2659
shall be no more than one hundred dollars if the violator has not	2660
previously been fined for that offense. The fine shall be no more	2661
than five hundred dollars if the violator has been fined for the	2662
same offense once before. The fine shall be no more than one	2663
thousand dollars if the violator has been fined for the same	2664
offense two or more times before.	2665

(C) If a person fails to request a hearing within thirty	2666
days of the date the board, in accordance with section 119.07 of	2667
the Revised Code, notifies the person of the board's intent to act	2668
against the person under division (A) of this section, the board	2669
by a majority vote of a quorum of the board members may take the	2670
action against the person without holding an adjudication hearing.	2671

(D) The board, after a hearing in accordance with Chapter	2672
119. of the Revised Code, may suspend a tanning facility permit if	2673
the owner or operator fails to correct an unsafe condition that	2674
exists in violation of the board's rules or fails to cooperate in	2675
an inspection of the tanning facility. If a violation has	2676
resulted in a condition reasonably believed by an inspector to	2677
create an immediate danger to the health and safety of any person	2678
using the tanning facility, the inspector may suspend the permit	2679
without a prior hearing until the condition is corrected or until	2680
a hearing in accordance with Chapter 119. of the Revised Code is	2681
held and the board either upholds the suspension or reinstates the	2682
permit.	2683

Sec. 4713.27.        Sec. 4713.65.  On receipt of a notice pursuant to	2684
section 3123.43 of the Revised Code, the state board of	2685
cosmetology shall comply with sections 3123.41 to 3123.50 of the	2686
Revised Code and any applicable rules adopted under section	2687
3123.63 of the Revised Code with respect to a license issued	2688
pursuant to this chapter.	2689

Sec. 4713.99.  Whoever violates section 4713.20, 4713.21, or	2690
division (D) of section 4713.254713.14 of the Revised Code is	2691
guilty of a misdemeanor of the fourth degree on a first offense;	2692
on each subsequent offense, such person is guilty of a misdemeanor	2693
of the third degree.	2694

Sec. 4717.14.  (A) The board of embalmers and funeral	2695
directors may refuse to grant or renew, or may suspend or revoke,	2696
any license issued under this chapter for any of the following	2697
reasons:	2698

(1) The license was obtained by fraud or misrepresentation	2699
either in the application or in passing the examination.	2700

(2) The applicant or licensee has been convicted of or has	2701
pleaded guilty to a felony or of any crime involving moral	2702
turpitude.	2703

(3) The applicant or licensee has purposely violated any	2704
provision of sections 4717.01 to 4717.15 or a rule adopted under	2705
any of those sections; division (A) or (B) of section 4717.23;	2706
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	2707
or divisions (H) to (K) of section 4717.26; division (D)(1) of	2708
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	2709
Revised Code; any rule or order of the department of health or a	2710
board of health of a health district governing the disposition of	2711
dead human bodies; or any other rule or order applicable to the	2712
applicant or licensee.	2713

(4) The applicant or licensee has committed immoral or	2714
unprofessional conduct.	2715

(5) The applicant or licensee knowingly permitted an	2716
unlicensed person, other than a person serving an apprenticeship,	2717
to engage in the profession or business of embalming or funeral	2718
directing under the applicant's or licensee's supervision.	2719

(6) The applicant or licensee has been habitually	2720
intoxicated, or is addicted to the use of morphine, cocaine, or	2721
other habit-forming or illegal drugs.	2722

(7) The applicant or licensee has refused to promptly submit	2723
the custody of a dead human body upon the express order of the	2724
person legally entitled to the body.	2725

(8) The licensee loaned the licensee's own license, or the	2726
applicant or licensee borrowed or used the license of another	2727
person, or knowingly aided or abetted the granting of an improper	2728
license.	2729

(9) The applicant or licensee transferred a license to	2730
operate a funeral home, embalming facility, or crematory from one	2731
owner or operator to another, or from one location to another,	2732
without notifying the board.	2733

(10) The applicant or licensee mislead the public by using	2734
false or deceptive advertising.	2735

(B)(1) The board of embalmers and funeral directors shall	2736
refuse to grant or renew, or shall suspend or revoke, an	2737
embalmer's, funeral director's, funeral home, or embalming	2738
facility license only in accordance with Chapter 119. of the	2739
Revised Code.	2740

(2) The board shall send to the crematory review board	2741
written notice that it proposes to refuse to issue or renew, or	2742
proposes to suspend or revoke, a license to operate a crematory	2743
facility. If, after the conclusion of the adjudicatory hearing on	2744
the matter conducted under division (E) of section 4717.03 of the	2745
Revised Code, the board of embalmers and funeral directors finds	2746
that any of the circumstances described in divisions (A)(1) to	2747
(10) of this section apply to the person named in its proposed	2748
action, the board may issue a final order under division (E) of	2749
section 4717.03 of the Revised Code refusing to issue or renew, or	2750
suspending or revoking, the person's license to operate a	2751
crematory facility.	2752

(C) If the board of embalmers and funeral directors	2753
determines that there is clear and convincing evidence that any of	2754
the circumstances described in divisions (A)(1) to (10) of this	2755
section apply to the holder of a license issued under this chapter	2756
and that the licensee's continued practice presents a danger of	2757
immediate and serious harm to the public, the board may suspend	2758
the licensee's license without a prior adjudicatory hearing. The	2759
executive director of the board shall prepare written allegations	2760
for consideration by the board.	2761

The board, after reviewing the written allegations, may	2762
suspend a license without a prior hearing.	2763

The board shall issue a written order of suspension by	2764
certified mail or in person in accordance with section 119.07 of	2765
the Revised Code. Such an order is not subject to suspension by	2766
the court during the pendency of any appeal filed under section	2767
119.12 of the Revised Code. If the holder of an embalmer's,	2768
funeral director's, funeral home, or embalming facility license	2769
requests an adjudicatory hearing by the board, the date set for	2770
the hearing shall be within fifteen days, but not earlier than	2771
seven days, after the licensee has requested a hearing, unless the	2772
board and the licensee agree to a different time for holding the	2773
hearing.	2774

Upon issuing a written order of suspension to the holder of a	2775
license to operate a crematory facility, the board of embalmers	2776
and funeral directors shall send written notice of the issuance of	2777
the order to the crematory review board. The crematory review	2778
board shall hold an adjudicatory hearing on the order under	2779
division (E) of section 4713.034717.03 of the Revised Code within	2780
fifteen days, but not earlier than seven days, after the issuance	2781
of the order, unless the crematory review board and the licensee	2782
agree to a different time for holding the adjudicatory hearing.	2783

Any summary suspension imposed under this division shall	2784
remain in effect, unless reversed on appeal, until a final	2785
adjudicatory order issued by the board of embalmers and funeral	2786
directors pursuant to this division and Chapter 119. of the	2787
Revised Code, or division (E) of section 4717.03 of the Revised	2788
Code, as applicable, becomes effective. The board of embalmers	2789
and funeral directors shall issue its final adjudicatory order	2790
within sixty days after the completion of its hearing or, in the	2791
case of the summary suspension of a license to operate a crematory	2792
facility, within sixty days after completion of the adjudicatory	2793
hearing by the crematory review board. A failure to issue the	2794
order within that time results in the dissolution of the summary	2795
suspension order, but does not invalidate any subsequent final	2796
adjudicatory order.	2797

(D) Any holder of a license issued under this chapter who	2798
has pleaded guilty to, has been found by a judge or jury to be	2799
guilty of, or has had a judicial finding of eligibility for	2800
treatment in lieu of conviction entered against the individual in	2801
this state for aggravated murder, murder, voluntary manslaughter,	2802
felonious assault, kidnapping, rape, sexual battery, gross sexual	2803
imposition, aggravated arson, aggravated robbery, or aggravated	2804
burglary, or who has pleaded guilty to, has been found by a judge	2805
or jury to be guilty of, or has had a judicial finding of	2806
eligibility for treatment in lieu of conviction entered against	2807
the individual in another jurisdiction for any substantially	2808
equivalent criminal offense, is hereby suspended from practice	2809
under this chapter by operation of law, and any license issued to	2810
the individual under this chapter is hereby suspended by operation	2811
of law as of the date of the guilty plea, verdict or finding of	2812
guilt, or judicial finding of eligibility for treatment in lieu of	2813
conviction, regardless of whether the proceedings are brought in	2814
this state or another jurisdiction. The board shall notify the	2815
suspended individual of the suspension of the individual's license	2816
by the operation of this division by certified mail or in person	2817
in accordance with section 119.07 of the Revised Code. If an	2818
individual whose license is suspended under this division fails to	2819
make a timely request for an adjudicatory hearing, the board shall	2820
enter a final order revoking the license.	2821

(E) No person whose license has been suspended or revoked	2822
under or by the operation of this section shall practice embalming	2823
or funeral directing or operate a funeral home, embalming	2824
facility, or crematory facility until the board has reinstated the	2825
person's license.	2826

Section 2. That existing sections 2925.01, 4709.03, 4709.07,	2827
4709.09, 4713.01, 4713.02, 4713.03, 4713.04, 4713.05, 4713.06,	2828
4713.08, 4713.09, 4713.10, 4713.11, 4713.111, 4713.12, 4713.14,	2829
4713.15, 4713.16, 4713.17, 4713.18, 4713.19, 4713.20, 4713.22,	2830
4713.25, 4713.26, 4713.27, 4713.99, and 4717.14 and sections	2831
4713.07, 4713.13, 4713.131, 4713.132, and 4713.21 of the Revised	2832
Code are hereby repealed.	2833

Section 3. The Governor shall determine, within thirty days	2834
after the effective date of this act, which of the three members	2835
of the State Board of Cosmetology who are licensed cosmetologists	2836
actively engaged in managing beauty salons shall be removed from	2837
office due to the expiration of the member's office pursuant to	2838
the operation of division (A)(2) of section 4713.02 of the Revised	2839
Code as enacted by this act.	2840

Section 4. The Governor shall appoint members of the State	2841
Board of Cosmetology to fill the positions on the Board created by	2842
this act within sixty days after the effective date of this act.	2843