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 of the following:	153

(1) Any compound, mixture, preparation, or substance the gas,	154
fumes, or vapor of which when inhaled can induce intoxication,	155
excitement, giddiness, irrational behavior, depression,	156
stupefaction, paralysis, unconsciousness, asphyxiation, or other	157
harmful physiological effects, and includes, but is not limited	158
to, any of the following:	159

(a) Any volatile organic solvent, plastic cement, model	160
cement, fingernail polish remover, lacquer thinner, cleaning	161
fluid, gasoline, or other preparation containing a volatile	162
organic solvent;	163

(b) Any aerosol propellant;

164

(c) Any fluorocarbon refrigerant;

165

(d) Any anesthetic gas.

166

(2) Gamma Butyrolactone;

167

(3) 1,4 Butanediol.

168

(J) "Manufacture" means to plant, cultivate, harvest,	169
process, make, prepare, or otherwise engage in any part of the	170
production of a drug, by propagation, extraction, chemical	171
synthesis, or compounding, or any combination of the same, and	172
includes packaging, repackaging, labeling, and other activities	173
incident to production.	174

(K) "Possess" or "possession" means having control over a	175
thing or substance, but may not be inferred solely from mere	176
access to the thing or substance through ownership or occupation	177
of the premises upon which the thing or substance is found.	178

(L) "Sample drug" means a drug or pharmaceutical preparation	179
that would be hazardous to health or safety if used without the	180
supervision of a licensed health professional authorized to	181
prescribe drugs, or a drug of abuse, and that, at one time, had	182
been placed in a container plainly marked as a sample by a	183
manufacturer.	184

(M) "Standard pharmaceutical reference manual" means the	185
current edition, with cumulative changes if any, of any of the	186
following reference works:	187

(1) "The National Formulary";

188

(2) "The United States Pharmacopeia," prepared by authority	189
of the United States Pharmacopeial Convention, Inc.;	190

(3) Other standard references that are approved by the state	191
board of pharmacy.	192

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

193

(O) "Counterfeit controlled substance" means any of the	194
following:	195

(1) Any drug that bears, or whose container or label bears,	196
a trademark, trade name, or other identifying mark used without	197
authorization of the owner of rights to that trademark, trade	198
name, or identifying mark;	199

(2) Any unmarked or unlabeled substance that is represented	200
to be a controlled substance manufactured, processed, packed, or	201
distributed by a person other than the person that manufactured,	202
processed, packed, or distributed it;	203

(3) Any substance that is represented to be a controlled	204
substance but is not a controlled substance or is a different	205
controlled substance;	206

(4) Any substance other than a controlled substance that a	207
reasonable person would believe to be a controlled substance	208
because of its similarity in shape, size, and color, or its	209
markings, labeling, packaging, distribution, or the price for	210
which it is sold or offered for sale.	211

(P) An offense is "committed in the vicinity of a school" if	212
the offender commits the offense on school premises, in a school	213
building, or within one thousand feet of the boundaries of any	214
school premises.	215

(Q) "School" means any school operated by a board of	216
education or any school for which the state board of education	217
prescribes minimum standards under section 3301.07 of the Revised	218
Code, whether or not any instruction, extracurricular activities,	219
or training provided by the school is being conducted at the time	220
a criminal offense is committed.	221

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

222

(1) The parcel of real property on which any school is	223
situated, whether or not any instruction, extracurricular	224
activities, or training provided by the school is being conducted	225
on the premises at the time a criminal offense is committed;	226

(2) Any other parcel of real property that is owned or	227
leased by a board of education of a school or the governing body	228
of a school for which the state board of education prescribes	229
minimum standards under section 3301.07 of the Revised Code and on	230
which some of the instruction, extracurricular activities, or	231
training of the school is conducted, whether or not any	232
instruction, extracurricular activities, or training provided by	233
the school is being conducted on the parcel of real property at	234
the time a criminal offense is committed.	235

(S) "School building" means any building in which any of the	236
instruction, extracurricular activities, or training provided by a	237
school is conducted, whether or not any instruction,	238
extracurricular activities, or training provided by the school is	239
being conducted in the school building at the time a criminal	240
offense is committed.	241

(T) "Disciplinary counsel" means the disciplinary counsel	242
appointed by the board of commissioners on grievances and	243
discipline of the supreme court under the Rules for the Government	244
of the Bar of Ohio.	245

(U) "Certified grievance committee" means a duly constituted	246
and organized committee of the Ohio state bar association or of	247
one or more local bar associations of the state of Ohio that	248
complies with the criteria set forth in Rule V, section 6 of the	249
Rules for the Government of the Bar of Ohio.	250

(V) "Professional license" means any license, permit,	251
certificate, registration, qualification, admission, temporary	252
license, temporary permit, temporary certificate, or temporary	253
registration that is described in divisions (W)(1) to (35) of this	254
section and that qualifies a person as a professionally licensed	255
person.	256

(W) "Professionally licensed person" means any of the	257
following:	258

(1) A person who has obtained a license as a manufacturer of	259
controlled substances or a wholesaler of controlled substances	260
under Chapter 3719. of the Revised Code;	261

(2) A person who has received a certificate or temporary	262
certificate as a certified public accountant or who has registered	263
as a public accountant under Chapter 4701. of the Revised Code and	264
who holds an Ohio permit issued under that chapter;	265

(3) A person who holds a certificate of qualification to	266
practice architecture issued or renewed and registered under	267
Chapter 4703. of the Revised Code;	268

(4) A person who is registered as a landscape architect	269
under Chapter 4703. of the Revised Code or who holds a permit as a	270
landscape architect issued under that chapter;	271

(5) A person licensed as an auctioneer or apprentice	272
auctioneer or licensed to operate an auction company under Chapter	273
4707. of the Revised Code;	274

(6) A person who has been issued a certificate of	275
registration as a registered barber under Chapter 4709. of the	276
Revised Code;	277

(7) A person licensed and regulated to engage in the	278
business of a debt pooling company by a legislative authority,	279
under authority of Chapter 4710. of the Revised Code;	280

(8) A person who has been issued a cosmetologist's license,	281
hair designer's license, manicurist's license, esthetician's	282
license, natural hair stylist's license, managing cosmetologist's	283
license, managing hair designer's license, managing manicurist's	284
license, managing esthetician's license, managing natural hair	285
stylist's license, cosmetology instructor's license, hair design	286
instructor's license, manicurist instructor's license, esthetician	287
esthetics instructor's license, natural hair style instructor's	288
license, independent contractor's license, or tanning facility	289
permit under Chapter 4713. of the Revised Code;	290

(9) A person who has been issued a license to practice	291
dentistry, a general anesthesia permit, a conscious intravenous	292
sedation permit, a limited resident's license, a limited teaching	293
license, a dental hygienist's license, or a dental hygienist's	294
teacher's certificate under Chapter 4715. of the Revised Code;	295

(10) A person who has been issued an embalmer's license, a	296
funeral director's license, a funeral home license, or a crematory	297
license, or who has been registered for an embalmer's or funeral	298
director's apprenticeship under Chapter 4717. of the Revised Code;	299

(11) A person who has been licensed as a registered nurse or	300
practical nurse, or who has been issued a certificate for the	301
practice of nurse-midwifery under Chapter 4723. of the Revised	302
Code;	303

(12) A person who has been licensed to practice optometry or	304
to engage in optical dispensing under Chapter 4725. of the Revised	305
Code;	306

(13) A person licensed to act as a pawnbroker under Chapter	307
4727. of the Revised Code;	308

(14) A person licensed to act as a precious metals dealer	309
under Chapter 4728. of the Revised Code;	310

(15) A person licensed as a pharmacist, a pharmacy intern, a	311
wholesale distributor of dangerous drugs, or a terminal	312
distributor of dangerous drugs under Chapter 4729. of the Revised	313
Code;	314

(16) A person who is authorized to practice as a physician	315
assistant under Chapter 4730. of the Revised Code;	316

(17) A person who has been issued a certificate to practice	317
medicine and surgery, osteopathic medicine and surgery, a limited	318
branch of medicine, or podiatry under Chapter 4731. of the Revised	319
Code;	320

(18) A person licensed as a psychologist or school	321
psychologist under Chapter 4732. of the Revised Code;	322

(19) A person registered to practice the profession of	323
engineering or surveying under Chapter 4733. of the Revised Code;	324

(20) A person who has been issued a license to practice	325
chiropractic under Chapter 4734. of the Revised Code;	326

(21) A person licensed to act as a real estate broker or	327
real estate salesperson under Chapter 4735. of the Revised Code;	328

(22) A person registered as a registered sanitarian under	329
Chapter 4736. of the Revised Code;	330

(23) A person licensed to operate or maintain a junkyard	331
under Chapter 4737. of the Revised Code;	332

(24) A person who has been issued a motor vehicle salvage	333
dealer's license under Chapter 4738. of the Revised Code;	334

(25) A person who has been licensed to act as a steam	335
engineer under Chapter 4739. of the Revised Code;	336

(26) A person who has been issued a license or temporary	337
permit to practice veterinary medicine or any of its branches, or	338
who is registered as a graduate animal technician under Chapter	339
4741. of the Revised Code;	340

(27) A person who has been issued a hearing aid dealer's or	341
fitter's license or trainee permit under Chapter 4747. of the	342
Revised Code;	343

(28) A person who has been issued a class A, class B, or	344
class C license or who has been registered as an investigator or	345
security guard employee under Chapter 4749. of the Revised Code;	346

(29) A person licensed and registered to practice as a	347
nursing home administrator under Chapter 4751. of the Revised	348
Code;	349

(30) A person licensed to practice as a speech-language	350
pathologist or audiologist under Chapter 4753. of the Revised	351
Code;	352

(31) A person issued a license as an occupational therapist	353
or physical therapist under Chapter 4755. of the Revised Code;	354

(32) A person who is licensed as a professional clinical	355
counselor or professional counselor, licensed as a social worker	356
or independent social worker, or registered as a social work	357
assistant under Chapter 4757. of the Revised Code;	358

(33) A person issued a license to practice dietetics under	359
Chapter 4759. of the Revised Code;	360

(34) A person who has been issued a license or limited	361
permit to practice respiratory therapy under Chapter 4761. of the	362
Revised Code;	363

(35) A person who has been issued a real estate appraiser	364
certificate under Chapter 4763. of the Revised Code.	365

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

366

(1) A cocaine salt, isomer, or derivative, a salt of a	367
cocaine isomer or derivative, or the base form of cocaine;	368

(2) Coca leaves or a salt, compound, derivative, or	369
preparation of coca leaves, including ecgonine, a salt, isomer, or	370
derivative of ecgonine, or a salt of an isomer or derivative of	371
ecgonine;	372

(3) A salt, compound, derivative, or preparation of a	373
substance identified in division (X)(1) or (2) of this section	374
that is chemically equivalent to or identical with any of those	375
substances, except that the substances shall not include	376
decocainized coca leaves or extraction of coca leaves if the	377
extractions do not contain cocaine or ecgonine.	378

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

379

(Z) "Hashish" means the resin or a preparation of the resin	380
contained in marihuana, whether in solid form or in a liquid	381
concentrate, liquid extract, or liquid distillate form.	382

(AA) "Marihuana" has the same meaning as in section 3719.01	383
of the Revised Code, except that it does not include hashish.	384

(BB) An offense is "committed in the vicinity of a juvenile"	385
if the offender commits the offense within one hundred feet of a	386
juvenile or within the view of a juvenile, regardless of whether	387
the offender knows the age of the juvenile, whether the offender	388
knows the offense is being committed within one hundred feet of or	389
within view of the juvenile, or whether the juvenile actually	390
views the commission of the offense.	391

(CC) "Presumption for a prison term" or "presumption that a	392
prison term shall be imposed" means a presumption, as described in	393
division (D) of section 2929.13 of the Revised Code, that a prison	394
term is a necessary sanction for a felony in order to comply with	395
the purposes and principles of sentencing under section 2929.11 of	396
the Revised Code.	397

(DD) "Major drug offender" has the same meaning as in section	398
2929.01 of the Revised Code.	399

(EE) "Minor drug possession offense" means either of the	400
following:	401

(1) A violation of section 2925.11 of the Revised Code as it	402
existed prior to July 1, 1996;	403

(2) A violation of section 2925.11 of the Revised Code as it	404
exists on and after July 1, 1996, that is a misdemeanor or a	405
felony of the fifth degree.	406

(FF) "Mandatory prison term" has the same meaning as in	407
section 2929.01 of the Revised Code.	408

(GG) "Crack cocaine" means a compound, mixture, preparation,	409
or substance that is or contains any amount of cocaine that is	410
analytically identified as the base form of cocaine or that is in	411
a form that resembles rocks or pebbles generally intended for	412
individual use.	413

(HH) "Adulterate" means to cause a drug to be adulterated as	414
described in section 3715.63 of the Revised Code.	415

(II) "Public premises" means any hotel, restaurant, tavern,	416
store, arena, hall, or other place of public accommodation,	417
business, amusement, or resort.	418

Sec. 4709.03.  The following persons are exempt from this	419
chapter while in the proper discharge of their professional	420
duties:	421

(A) Persons licensed by this state to practice medicine and	422
surgery;	423

(B) Commissioned medical or surgical officers of the United	424
States army, navy, or marine hospital service;	425

(C) Nurses registered under Chapter 4723. of the Revised	426
Code;	427

(D) Cosmetologists and hair designers licensed under Chapter	428
4713. of the Revised Code, insofar as their usual and ordinary	429
vocation and profession is concerned as described in section	430
4713.01 of the Revised Code;	431

(E) Funeral directors, embalmers, and apprentices licensed	432
or registered under Chapter 4717. of the Revised Code.	433

Sec. 4709.07.  (A) Each person who desires to obtain an	434
initial license to practice barbering shall apply to the barber	435
board, on forms provided by the board. The application form shall	436
include the name of the person applying for the license and	437
evidence that the applicant meets all of the requirements of	438
division (B) of this section. The application shall be	439
accompanied by two signed current photographs of the applicant, in	440
the size determined by the board, that show only the head and	441
shoulders of the applicant, and the examination application fee.	442

(B) In order to take the required barber examination and to	443
qualify for licensure as a barber, an applicant must demonstrate	444
that hethe applicant meets all of the following:	445

(1) Is of good moral character;

446

(2) Is at least eighteen years of age;

447

(3) Has an eighth grade education or an equivalent education	448
as determined by the state board of education in the state where	449
the applicant resides;	450

(4) Has graduated with at least eighteen hundred hours of	451
training from a board-approved barber school or has graduated with	452
at least one thousand hours of training from a board-approved	453
barber school in this state and has a current cosmetology or hair	454
designer license issued pursuant to Chapter 4713. of the Revised	455
Code. No hours of instruction earned by an applicant five or more	456
years prior to the examination apply to the hours of study	457
required by this division.	458

(C) Any applicant who meets all of the requirements of	459
divisions (A) and (B) of this section may take the barber	460
examination at the time and place specified by the board. If the	461
applicant fails to attain at least a seventy-five per cent pass	462
rate on each part of the examination, the applicant is ineligible	463
for licensure; however, the applicant may reapply for examination	464
within ninety days after the date of the release of the	465
examination scores by paying the required reexamination fee. An	466
applicant is only required to take that part or parts of the	467
examination on which hethe applicant did not receive a score of	468
seventy-five per cent or higher. If the applicant fails to	469
reapply for examination within ninety days or fails the second	470
examination, in order to reapply for examination for licensure he	471
the applicant shall complete an additional course of study of not	472
less than two hundred hours, in a board-approved barber school.	473
The board shall provide to an applicant, upon request, a report	474
which explains the reasons for the applicant's failure to pass the	475
examination.	476

(D) The board shall issue a license to practice barbering to	477
any applicant who, to the satisfaction of the board, meets the	478
requirements of divisions (A) and (B) of this section, who passes	479
the required examination, and pays the initial licensure fee.	480
Every licensed barber shall display histhe certificate of	481
licensure in a conspicuous place adjacent to or near histhe	482
licensed barber's work chair, along with a signed current	483
photograph, in the size determined by the board, showing head and	484
shoulders only.	485

Sec. 4709.09.  (A) Each person who desires to obtain a	486
barber shop license shall apply to the barber board, on forms	487
provided by the board. The board shall issue a barber shop	488
license to a person if the board determines that the person meets	489
all of the requirements of division (B) of this section and pays	490
the required license and inspection fees.	491

(B) In order for a person to qualify for a license to	492
operate a barber shop, the barber shop shall meet all of the	493
following requirements:	494

(1) Be in the charge and under the immediate supervision of	495
a licensed barber;	496

(2) Be equipped to provide running hot and cold water and	497
proper drainage;	498

(3) Sanitize and maintain in a sanitary condition, all	499
instruments and supplies;	500

(4) Keep towels and linens clean and sanitary and in a dry,	501
dust-proof container;	502

(5) Display the shop license and a copy of the board's	503
sanitary rules in a conspicuous place in the working area.	504

(C) Any licensed barber who leases space in a licensed	505
barber shop and engages in the practice of barbering independent	506
and free from supervision of the owner or manager of the barber	507
shop is considered to be engaged in the operation of a separate	508
and distinct barber shop and shall obtain a license to operate a	509
barber shop pursuant to this section.	510

(D) A shop license is not transferable from one owner to	511
another and if an owner or operator of a barber shop permanently	512
ceases offering barber services at the shop, the owner or operator	513
shall return the barber shop license to the board within ten days	514
of the cessation of services.	515

(E)(1) Manicurists licensed under Chapter 4713. of the	516
Revised Code may practice manicuring in a barber shop.	517

(2) Tanning facilities licensed pursuant toissued a permit	518
under section 4713.254713.48 of the Revised Code may be operated	519
in a barber shop.	520

(F) Clothing and related accessories may be sold at retail	521
in a barber shop so long as these sales maintain the integrity of	522
the facility as a barber shop.	523

Sec. 4713.01.  As used in sections 4713.01 to 4713.21 of the	524
Revised Codethis chapter:	525

(A) The practice of cosmetology includes work done for pay,	526
free, or otherwise, by any person, which work is usually performed	527
by hairdressers, cosmetologists, cosmeticians, natural hair	528
stylists, or beauty culturists, however denominated, in beauty	529
salons; which work is for the embellishment, cleanliness, and	530
beautification of"Apprentice instructor" means a person holding a	531
practicing license issued by the state board of cosmetology who is	532
engaged in learning or acquiring knowledge of the occupation of an	533
instructor of a branch of cosmetology at a school of cosmetology.	534

"Beauty salon" means any premises, building, or part of a	535
building in which a person is authorized to engage in all branches	536
of cosmetology. "Beauty salon" does not include a barber shop	537
licensed under Chapter 4709. of the Revised Code in which a person	538
engages in the practice of manicuring.	539

"Biennial licensing period" means the two-year period	540
beginning on the first day of February of an odd-numbered year and	541
ending on the last day of January of the next odd-numbered year.	542

"Braiding" means intertwining the hair in a systematic motion	543
to create patterns in a three-dimensional form, inverting the hair	544
against the scalp along part of a straight or curved row of	545
intertwined hair, or twisting the hair in a systematic motion, and	546
includes extending the hair with natural or synthetic hair fibers.	547

"Branch of cosmetology" means the practice of cosmetology,	548
practice of esthetics, practice of hair design, practice of	549
manicuring, or practice of natural hair styling.	550

"Cosmetic therapy" has the same meaning as in section 4731.15	551
of the Revised Code.	552

"Cosmetologist" means a person authorized to engage in all	553
branches of cosmetology.	554

"Cosmetology instructor" means a person authorized to teach	555
the theory and practice of all branches of cosmetology at a school	556
of cosmetology.	557

"Esthetician" means a person who engages in the practice of	558
esthetics but no other branch of cosmetology.	559

"Esthetics instructor" means a person who teaches the theory	560
and practice of esthetics, but no other branch of cosmetology, at	561
a school of cosmetology.	562

"Esthetics salon" means any premises, building, or part of a	563
building in which a person engages in the practice of esthetics	564
but no other branch of cosmetology.	565

"Hair designer" means a person who engages in the practice	566
of hair design but no other branch of cosmetology.	567

"Hair design instructor" means a person who teaches the	568
theory and practice of hair design, but no other branch of	569
cosmetology, at a school of cosmetology.	570

"Hair design salon" means any premises, building, or part of	571
a building in which a person engages in the practice of hair	572
design but no other branch of cosmetology.	573

"Independent contractor license" means a license to practice	574
a branch of cosmetology at a salon in which the license holder	575
rents booth space.	576

"Instructor license" means a license to teach the theory and	577
practice of a branch of cosmetology at a school of cosmetology.	578

"Managing cosmetologist" means a person authorized to manage	579
a beauty salon and engage in all branches of cosmetology.	580

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

"Managing hair designer" means a person authorized to manage	584
a hair design salon, but no other type of salon, and engage in the	585
practice of hair design, but no other branch of cosmetology.	586

"Managing license" means a license to manage a salon and	587
practice the branch of cosmetology practiced at the salon.	588

"Managing manicurist" means a person authorized to manage a	589
nail salon, but no other type of salon, and engage in the practice	590
of manicuring, but no other branch of cosmetology.	591

"Managing natural hair stylist" means a person authorized to	592
manage a natural hair style salon, but no other type of salon, and	593
engage in the practice of natural hair styling, but no other	594
branch of cosmetology.	595

"Manicurist" means a person who engages in the practice of	596
manicuring but no other branch of cosmetology.	597

"Manicurist instructor" means a person who teaches the	598
theory and practice of manicuring, but no other branch of	599
cosmetology, at a school of cosmetology.	600

"Nail salon" means any premises, building, or part of a	601
building in which a person engages in the practice of manicuring	602
but no other branch of cosmetology. "Nail salon" does not include	603
a barber shop licensed under Chapter 4709. of the Revised Code in	604
which a person engages in the practice of manicuring.	605

"Natural hair stylist" means a person who engages in the	606
practice of natural hair styling but no other branch of	607
cosmetology.	608

"Natural hair style instructor" means a person who teaches	609
the theory and practice of natural hair styling, but no other	610
branch of cosmetology, at a school of cosmetology.	611

"Natural hair style salon" means any premises, building, or	612
part of a building in which a person engages in the practice of	613
natural hair styling but no other branch of cosmetology.	614

"Practice of cosmetology" means the practice of all branches	615
of cosmetology.	616

"Practice of esthetics" means the application of cosmetics,	617
tonics, antiseptics, creams, lotions, or other preparations for	618
the purpose of skin beautification and includes preparation of the	619
skin by manual massage techniques or by use of electrical,	620
mechanical, or other apparatus.	621

"Practice of hair design" means embellishing or beautifying	622
hair, wigs, and postiches, such asor hairpieces by arranging,	623
dressing, pressing, curling, waving, permanent waving, cleansing,	624
cutting, singeing, bleaching, coloring, braiding, weaving, or	625
similar work, and the massaging, cleansing, stimulating,	626
manipulating, exercising, or similar work by the use of manual	627
massage techniques or mechanical or electrically operated	628
apparatus or appliances, or cosmetics, preparations, tonics,	629
antiseptics, creams, or lotions, and of manicuring the nails or	630
application of artificial nails, which enumerated practices shall	631
be inclusive of the practice of cosmetology, but not in limitation	632
thereof. Sections 4713.01 to 4713.21 of the Revised Code do not	633
permit any of the services or arts described in this division to	634
be used for the treatment or cure of any physical or mental	635
diseases or ailments.	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 hair design" includes	714
utilizing techniques performed by hand that result in tension on	715
hair roots such as twisting, wrapping, weaving, extending,	716
locking, or braiding of the hair.	717

"Practice of manicuring" means manicuring the nails of any	718
person, applying artificial or sculptured nails to any person,	719
massaging the hands and lower arms up to the elbow of any person,	720
massaging the feet and lower legs up to the knee of any person, or	721
any combination of these four types of services.	722

"Practice of natural hair styling" means work done for a	723
fee or other form of compensation, by any person, utilizing	724
techniques performed by hand that result in tension on hair roots	725
such as twisting, wrapping, weaving, extending, locking, or	726
braiding of the hair, and which work. "Practice of natural hair	727
styling" does not include the application of dyes, reactive	728
chemicals, or other preparations to alter the color or to	729
straighten, curl, or alter the structure of the hair. "Practice	730
of natural hair styling" also does not include embellishing or	731
beautifying hair by cutting or singeing, except as needed to	732
finish off the end of a braid, or by dressing, pressing, curling,	733
waving, permanent waving, or similar work.	734

(U)Braiding means intertwining the hair in a systematic	735
motion to create patterns in a three-dimensional form, inverting	736
the hair against the scalp along part of a straight or curved row	737
of intertwined hair, or twisting the hair in a systematic motion,	738
and includes extending the hair with natural or synthetic hair	739
fibers"Practicing license" means a license to practice a branch	740
of cosmetology.	741

"Salon" means a beauty salon, esthetics salon, hair design	742
salon, nail salon, or natural hair style salon.	743

"School of cosmetology" means any premises, building, or	744
part of a building in which students are instructed in the	745
theories and practices of one or more branches of cosmetology.	746

"Student" means a person, other than an apprentice	747
instructor, who is engaged in learning or acquiring knowledge of	748
the practice of a branch of cosmetology at a school of	749
cosmetology.	750

"Tanning facility" means a room or booth that houses	751
equipment or beds used for tanning human skin by the use of	752
fluorescent sun lamps using ultraviolet or other artificial	753
radiation.	754

Sec. 4713.02.  (A) There is hereby created the state board	755
of cosmetology, consisting of all of the following seven members	756
appointed by the governor, with the advice and consent of the	757
senate: four graduate licensed cosmetologists, three of whom are	758
actively engaged in the management of a beauty salon	759

(1) One person holding a current, valid cosmetologist,	760
managing cosmetologist, or cosmetology instructor license at the	761
time of appointment;	762

(2) Two persons holding current, valid managing	763
cosmetologist licenses and actively engaged in managing beauty	764
salons at the time of appointment; one regularly licensed	765
physician; one	766

(3) One person who holds a current, valid independent	767
contractor license at the time of appointment or the owner or	768
manager of a licensed salon in which at least one person holding a	769
current, valid independent contractor license practices a branch	770
of cosmetology;	771

(4) One person who represents individuals who teach the	772
theory and practice of a branch of cosmetology at a vocational	773
school;	774

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

775

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

776

(7) One person who is either an advanced practice nurse	777
approved under section 4723.55 of the Revised Code, a certified	778
nurse practitioner or clinical nurse specialist holding a	779
certificate of authority under section 4723.41 of the Revised	780
Code, or a physician authorized under Chapter 4731. of the Revised	781
Code to practice medicine and surgery or osteopathic medicine and	782
surgery;	783

(8) One person representing the general public.

784

(B) The superintendent of public instruction shall nominate	785
three persons for the governor to choose from when making an	786
appointment under division (A)(4) of this section.	787

(C) All members shall be at least twenty-five years of age,	788
residents of the state, and citizens of the United States. No	789
more than two members, at any time, shall be graduates of the same	790
school of cosmetology.	791

TermsExcept for the initial members appointed under	792
divisions (A)(3) and (4) of this section, terms of office are for	793
five years, commencing. The term of the initial member appointed	794
under division (A)(3) of this section shall be three years. The	795
term of the initial member appointed under division (A)(4) of this	796
section shall be four years. Terms shall commence on the first	797
day of November and endingend on the thirty-first day of October.	798
Each member shall hold office from the date of appointment until	799
the end of the term for which appointed. In case of a vacancy	800
occurring on the board, the governor shall, in the same manner	801
prescribed for the regular appointment to the board, fill the	802
vacancy by appointing a member. Any member appointed to fill a	803
vacancy occurring prior to the expiration of the term for which	804
the member's predecessor was appointed shall hold office for the	805
remainder of such term. Any member shall continue in office	806
subsequent to the expiration date of the member's term until the	807
member's successor takes office, or until a period of sixty days	808
has elapsed, whichever occurs first. Before entering upon the	809
discharge of the duties of the office of member, each member shall	810
take, and file with the secretary of state, the oath of office	811
required by Section 7 of Article XV, Ohio Constitution.	812

The members of the board shall receive an amount fixed	813
pursuant to Chapter 124. of the Revised Code per diem for every	814
meeting of the board which they attend, together with their	815
necessary expenses, and mileage for each mile necessarily	816
traveled.	817

The members of the board shall annually elect, from among	818
their number, a chairperson, and annually appoint an executive	819
director who is not a member of the board. The executive	820
director, before entering upon the discharge of the executive	821
director's duties, shall file with the secretary of state a good	822
and sufficient bond payable to the state, to ensure the faithful	823
performance of duties of the office of executive director, in such	824
sum as the board requires. The premium of the bond shall be paid	825
from appropriations made to the board for operating purposes.	826

The board shall prescribe the duties of its officers and	827
establish an office at Columbus, Ohio. The board shall keep all	828
records and files at the office and have the records and files at	829
all reasonable hours open to public inspection. The board also	830
shall adopt a seal.	831

(B) The board may employ necessary inspectors, examiners,	832
consultants on contents of examinations, and clerks. All	833
inspectors, and examiners of cosmetologists, shall be licensed	834
cosmetologists.	835

(C) The board shall adopt rules for carrying out sections	836
4713.01 to 4713.25 of the Revised Code. The rules shall cover at	837
least all of the following:	838

(1) Conducting examinations of applicants for a license;

839

(2) The recognition of, and the credits to be given to, the	840
study of cosmetology, or any branch thereof, in a school of	841
cosmetology licensed under the laws of this or another state;	842

(3) Establishing reasonable fees for application to take the	843
examination for licensure as a natural hair stylist and for	844
issuance of a license to practice natural hair styling;	845

(4) Sanitary standards, including those authorized by the	846
department of health, with particular reference to the precautions	847
to be employed to prevent the creating or spreading of infectious	848
or contagious diseases in beauty salons, nail salons, esthetics	849
salons, or schools of cosmetology, or in the practice of	850
cosmetology.	851

The board shall furnish a copy of all sanitary rules adopted	852
to each person issued a license for the conduct of a beauty salon,	853
nail salon, esthetics salon, or school of cosmetology and to each	854
operator, manicurist, and person engaged in the practice of	855
massage. A copy of all such sanitary rules shall be posted in a	856
conspicuous place in all beauty salons, nail salons, esthetics	857
salons, and schools of cosmetology.	858

The board may adopt rules authorizing beauty or nail salons	859
to offer esthetic services in the salon and may adopt rules	860
regulating the practice of the services.	861

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

862

(1) Hold examinations of all applicants for license whose	863
applications have been submitted in proper form;	864

(2) Issue licenses to applicants who meet the requirements	865
of sections 4713.01 to 4713.25 of the Revised Code;	866

(3) Register beauty salons, nail salons, esthetics salons,	867
and schools of cosmetology;	868

(4) Report to the proper prosecuting officer all violations	869
coming within its knowledge;	870

(5) Make a written report annually to the governor	871
concerning the conditions in this state of cosmetology and the	872
branches thereof, which report shall also contain a brief	873
reference to the proceedings had by or before the board for the	874
year last past and a statement of all money received and expended	875
by the board during such year;	876

(6) Keep a record containing the name and known place of	877
business, and the date and number of license, of every licensed	878
cosmetologist, esthetician, and every person engaged in the	879
practice of any branch of cosmetology, together with the name and	880
address of all tanning facilities, licensed beauty salons,	881
licensed nail salons, licensed esthetics salons, and schools of	882
cosmetology;	883

(7) Keep a record of its proceedings;

884

(8) All things necessary to carry out sections 4713.01 to	885
4713.25 of the Revised Code.	886

Sec. 4713.03.  The state board of cosmetology shall hold a	887
meeting for the examination of applicants for license and the	888
transaction of such otherto transact its business as shall	889
pertain to its duties at least four times a year and the. The	890
board may hold otheradditional meetings for the examination of	891
applicants or for the transaction of necessary business as, in its	892
judgment, may be required,are necessary. The board shall meet at	893
suchthe times and places as it may determineselects.	894

Sec. 4713.18.        Sec. 4713.04.  The state board of cosmetology may	895
authorize any of its members, in writing, to undertake any	896
proceedings authorized by sections 4713.01 to 4713.21, inclusive,	897
of the Revised Codethis chapter, and the finding or order of such	898
members is the finding of the board when confirmed by it.	899

Sec. 4713.19.        Sec. 4713.05.  All receipts of the state board of	900
cosmetology shall be deposited into the state treasury to the	901
credit of the occupational licensing and regulatory fund. All	902
vouchers of the board shall be approved by the board president	903
chairperson or executive director, or both, as authorized by the	904
board.	905

Sec. 4713.06. The state board of cosmetology shall annually	906
appoint an executive director. The executive director may not be	907
a member of the board. The executive director, before entering	908
upon the discharge of the executive director's duties, shall file	909
with the secretary of state a good and sufficient bond payable to	910
the state, to ensure the faithful performance of duties of the	911
office of executive director. The bond shall be in an amount the	912
board requires. The premium of the bond shall be paid from	913
appropriations made to the board for operating purposes.	914

The board may employ inspectors, examiners, consultants on	915
contents of examinations, and clerks as necessary for the	916
administration of this chapter. All inspectors and examiners	917
shall be licensed cosmetologists.	918

The board may appoint inspectors of tanning facilities as	919
needed to make periodic inspections as the board specifies.	920

Sec. 4713.07. The state board of cosmetology shall do all of	922
the following:	923

(A) Prescribe and make available application forms to be	924
used by persons seeking admission to an examination conducted	925
under section 4713.24 of the Revised Code or a license issued	926
under this chapter;	927

(B) Prescribe and make available application forms to be	928
used by persons seeking renewal of a license issued under this	929
chapter;	930

(C) Report to the proper prosecuting officer all violations	931
of section 4713.14 of the Revised Code of which the board is	932
aware;	933

(D) Submit a written report annually to the governor that	934
provides all of the following:	935

(1) A discussion of the conditions in this state of the	936
branches of cosmetology;	937

(2) A brief summary of the board's proceedings during the	938
year the report covers;	939

(3) A statement of all money that the board received and	940
expended during the year the report covers.	941

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

942

(1) The board's proceedings;

943

(2) The name and last known address of each person issued a	944
license under section 4713.28, 4713.30, 4713.31, 4713.34, or	945
4713.39 of the Revised Code;	946

(3) The name and address of each salon issued a license	947
under section 4713.41 of the Revised Code and each school of	948
cosmetology issued a license under section 4713.44 of the Revised	949
Code;	950

(4) The name and address of each tanning facility issued a	951
permit under section 4713.48 of the Revised Code;	952

(5) The date and number of each license and permit that the	953
board issues;	954

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

955

Sec. 4713.08. (A) The state board of cosmetology shall adopt	957
rules in accordance with Chapter 119. of the Revised Code as	958
necessary to implement this chapter. The rules shall do all of	959
the following:	960

(1) Govern the practice of the branches of cosmetology and	961
management of salons;	962

(2) Specify conditions a person must satisfy to qualify for	963
a temporary pre-examination work permit under section 4713.22 of	964
the Revised Code and the conditions and method of renewing a	965
temporary pre-examination work permit under that section;	966

(3) Provide for the conduct of examinations under section	967
4713.24 of the Revised Code;	968

(4) Specify conditions under which the board will take into	969
account, under section 4713.32 of the Revised Code, instruction an	970
applicant for a license under section 4713.28, 4713.30, or 4713.31	971
of the Revised Code received more than five years before the date	972
of application for the license;	973

(5) Provide for the granting of waivers under section	974
4713.29 of the Revised Code;	975

(6) Specify conditions an applicant must satisfy for the	976
board to issue the applicant a license under section 4713.34 of	977
the Revised Code without the applicant taking an examination	978
conducted under section 4713.24 of the Revised Code;	979

(7) Specify locations in which glamour photography services	980
in which a branch of cosmetology is practiced may be provided;	981

(8) Establish conditions and the fee for a temporary special	982
occasion work permit under section 4713.37 of the Revised Code and	983
specify the amount of time such a permit is valid;	984

(9) Specify conditions an applicant must satisfy for the	985
board to issue the applicant an independent contractor license	986
under section 4713.39 of the Revised Code and the fee for issuance	987
and renewal of the license;	988

(10) Establish conditions under which food may be sold at a	989
salon;	990

(11) Specify which professions regulated by a professional	991
regulatory board of this state may be practiced in a salon under	992
section 4713.42 of the Revised Code;	993

(12) Establish standards for the provision of cosmetic	994
therapy, massage therapy, or other professional service in a salon	995
pursuant to section 4713.42 of the Revised Code;	996

(13) Establish standards for board approval of, and the	997
granting of credits for, training in branches of cosmetology at	998
schools of cosmetology licensed in this state;	999

(14) Establish sanitary standards for the practice of the	1000
branches of cosmetology, salons, and schools of cosmetology;	1001

(15) Establish the application process for obtaining a	1002
tanning facility permit under section 4713.48 of the Revised Code,	1003
including the amount of the fee for an initial or renewed permit;	1004

(16) Establish standards for installing and operating a	1005
tanning facility in a manner that ensures the health and safety of	1006
consumers, including standards that do all of the following:	1007

(a) Establish a maximum safe time of exposure to radiation	1008
and a maximum safe temperature at which sun lamps may be operated;	1009

(b) Require consumers to wear protective eyeglasses and be	1010
supervised as to the length of time consumers use the facility;	1011

(c) Require the operator to prohibit consumers from standing	1012
too close to sun lamps and to post signs warning consumers of the	1013
potential effects of radiation on persons taking certain	1014
medications and of the possible relationship of the radiation to	1015
skin cancer;	1016

(d) Require the installation of protective shielding for sun	1017
lamps and handrails for consumers;	1018

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

1019

(f) Require a consumer who is under the age of eighteen to	1020
obtain written consent from the consumer's parent or legal	1021
guardian prior to receiving tanning services.	1022

(17)(a) If the board, under section 4713.61 of the Revised	1023
Code, develops a procedure for classifying licenses inactive, do	1024
both of the following:	1025

(i) Establish a fee for having a license classified inactive	1026
that reflects the cost to the board of providing the inactive	1027
license service;	1028

(ii) Specify the continuing education that a person whose	1029
license has been classified inactive must complete to have the	1030
license restored. The continuing education shall be sufficient to	1031
ensure the minimum competency in the use or administration of a	1032
new procedure or product required by a licensee necessary to	1033
protect public health and safety. The requirement shall not	1034
exceed the cumulative number of hours of continuing education that	1035
the person would have been required to complete had the person	1036
retained an active license.	1037

(b) In addition, the board may specify the conditions and	1038
method for granting a temporary work permit to practice a branch	1039
of cosmetology to a person whose license has been classified	1040
inactive.	1041

(18) Establish a fee for approval of a continuing education	1042
program under section 4713.62 of the Revised Code that is adequate	1043
to cover any expense the board incurs in the approval process;	1044

(19) Anything else necessary to implement this chapter.

1045

(B)(1) The rules adopted under division (A)(2) of this	1046
section may establish additional conditions for a temporary	1047
pre-examination work permit under section 4713.22 of the Revised	1048
Code that are applicable to persons who practice a branch of	1049
cosmetology in another state or country.	1050

(2) The rules adopted under division (A)(17)(b) of this	1051
section may establish additional conditions for a temporary work	1052
permit that are applicable to persons who practice a branch of	1053
cosmetology in another state.	1054

(C) The conditions specified in rules adopted under division	1055
(A)(6) of this section may include that an applicant is applying	1056
for a license to practice a branch of cosmetology for which the	1057
board determines an examination is unnecessary.	1058

(D) The rules adopted under division (A)(11) of this section	1059
shall not include a profession if practice of the profession in a	1060
salon is a violation of a statute or rule governing the	1061
profession.	1062

(E) The sanitary standards established under division	1063
(A)(14) of this section shall focus in particular on precautions	1064
to be employed to prevent infectious or contagious diseases being	1065
created or spread. The board shall consult with the Ohio	1066
department of health when establishing the sanitary standards.	1067

(F) The fee established by rules adopted under division	1068
(A)(15) of this section shall cover the cost the board incurs in	1069
inspecting tanning facilities and enforcing the board's rules but	1070
may not exceed one hundred dollars per location of such	1071
facilities.	1072

Sec. 4713.081. The state board of cosmetology shall furnish a	1073
copy of the sanitary standards established by rules adopted under	1074
section 4713.08 of the Revised Code to each person to whom the	1075
board issues a practicing license, managing license, or license to	1076
operate a salon or school of cosmetology. The board also shall	1077
furnish a copy of the sanitary standards to each person providing	1078
cosmetic therapy, massage therapy, or other professional service	1079
in a salon under section 4713.42 of the Revised Code. A salon or	1080
school of cosmetology provided a copy of the sanitary standards	1081
shall post the standards in a public and conspicuous place in the	1082
salon or school.	1083

Sec. 4713.082. The state board of cosmetology shall furnish a	1085
copy of the standards established by rules adopted under section	1086
4713.08 of the Revised Code for installing and operating a tanning	1087
facility to each person to whom the board issues a permit to	1088
operate a tanning facility. A person provided a copy of the	1089
standards shall post the standards in a public and conspicuous	1090
place in the tanning facility.	1091

Sec. 4713.09. The state board of cosmetology may adopt rules	1092
in accordance with Chapter 119. of the Revised Code to establish a	1093
continuing education requirement, not to exceed eight hours in a	1094
biennial licensing period, as a condition of renewal for a	1095
practicing license, managing license, or instructor license.	1096

Sec. 4713.10.  The state board of cosmetology shall charge	1098
and collect the following fees:	1099

(A) For a temporary pre-examination work permit under section	1100
4713.22 of the Revised Code, five dollars;	1101

(B) For initial application to take thean examination for a	1102
license to practice cosmetology, or any branch thereofunder	1103
section 4713.24 of the Revised Code, twenty-one dollars;	1104

(B)(C) For application to take an examination under section	1105
4713.24 of the Revised Code by an applicant who has previously	1106
applied to take, but failed to appear for, the examination, forty	1107
dollars;	1108

(D) For the re-examination of anyapplication to re-take an	1109
examination under section 4713.24 of the Revised Code by an	1110
applicant who has previously appeared for, but failed to pass, the	1111
examination, twenty-one dollars;	1112

(C)(E) For the issuance or renewal of a cosmetology,	1113
manicurist, or esthetics instructor'sof a license under section	1114
4713.28, 4713.30, or 4713.31 of the Revised Code, thirty dollars;	1115

(D)(F) For the issuance or renewal of a managing	1116
cosmetologist's, managing manicurist's, or managing esthetician's	1117
of a license under section 4713.34 of the Revised Code, thirty	1118
sixty dollars;	1119

(E)(G) For renewal of a license issued under section 4713.28,	1120
4713.30, 4713.31, or 4713.34 of the Revised Code, thirty dollars;	1121

(H) For the issuance or renewal of a cosmetology school	1122
license, two hundred fifty dollars;	1123

(F)(I) For the inspection and issuance of a new beauty	1124
salon, nail salon, or esthetics salon license or the change of	1125
name or ownership of a beauty salon, nail salon, or esthetics	1126
salon license, sixty dollars;	1127

(G)(J) For the renewal of a beauty salon, nail salon, or	1128
esthetics salon license, fifty dollars;	1129

(H) For the issuance or renewal of a cosmetologist's,	1130
manicurist's, or esthetician's license, thirty dollars;	1131

(I)(K) For the restoration of any lapsedan expired license	1132
whichthat may be restored pursuant to section 4713.114713.63 of	1133
the Revised Code, and in addition to the payments required by that	1134
sectionfor all lapsed renewal fees, thirty dollars;	1135

(J) For the issuance of a license under section 4713.09 of	1136
the Revised Code, sixty dollars;	1137

(K)(L) For the issuance of a duplicate of any license,	1138
fifteen dollars;	1139

(L)(M) For the preparation and mailing of a licensee's	1140
records to another state for a reciprocity license, fifty dollars;	1141

(M)(N) For the processing of any fees related to a check	1142
from a licensee returned to the board for insufficient funds, an	1143
additional twenty dollars.	1144

Each applicant shall, in addition to the fees specified,	1145
furnish the applicant's own models.	1146

Sec. 4713.22.        Sec. 4713.11.  The state board of cosmetology,	1147
subject to the approval of the controlling board, may establish	1148
fees in excess of the amounts provided by section 4713.10 of the	1149
Revised Code, provided that any fee increase does not exceed the	1150
amount permitted by more than fifty per cent.	1151

Sec. 4713.26.        Sec. 4713.13.  Whenever in the judgment of the state	1152
board of cosmetology any person has engaged in or is about to	1153
engage in any acts or practices that constitute a violation of	1154
this chapter, or any rule adopted under this chapter, the board	1155
may apply to the appropriate court for an order enjoining the acts	1156
or practices, and upon a showing by the board that the person has	1157
engaged in the acts or practices, the court shall grant an	1158
injunction, restraining order, or other order as may be	1159
appropriate.	1160

Sec. 4713.20.        Sec. 4713.14. (A) No person shall do any of the	1161
following:	1162

(1) Conduct or operate a nail salon, beauty salon, esthetics	1163
salon, or school of cosmetology without a license;	1164

(2) Practice cosmetology for pay, free, or otherwise, either	1165
as a cosmetologist, managing cosmetologist, cosmetology	1166
instructor, manicurist, managing manicurist, manicurist	1167
instructor, esthetician, managing esthetician, or esthetics	1168
instructor, without a license;	1169

(3) Practice natural hair styling for pay, free, or	1170
otherwise, without a license;	1171

(4) Employ as a cosmetologist, managing cosmetologist,	1172
cosmetologist instructor, except as provided in division (C) of	1173
section 4713.15 of the Revised Code, manicurist, managing	1174
manicurist, manicurist instructor, esthetician, managing	1175
esthetician, or esthetics instructor, any person without a	1176
license;	1177

(5)(A) Use fraud or deceit in making application for a	1178
license or permit;	1179

(B) Aid or abet any person:

1180

(a)(1) Violating sections 4713.01 to 4713.21 of the Revised	1181
Codethis chapter or a rule adopted under it;	1182

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

1183

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

1184

(d) Violating any of the sanitary rules for the regulation	1185
of the practice of cosmetologyhold a current, valid license or	1186
permit.	1187

(6) Engage in the practice of(C) Practice a branch of	1188
cosmetology, for pay, free, or otherwise, without one of the	1189
following authorizing the practice of that branch of cosmetology:	1190

(1) A current, valid license under section 4713.28,	1191
4713.30, or 4713.34 of the Revised Code;	1192

(2) A current, valid temporary pre-examination work permit	1193
issued under section 4713.22 of the Revised Code;	1194

(3) A current, valid temporary special occasion work permit	1195
issued under section 4713.37 of the Revised Code;	1196

(4) A current, valid temporary work permit issued under rules	1197
adopted by the board pursuant to section 4713.08 of the Revised	1198
Code.	1199

(D) Employ a person to practice a branch of cosmetology if	1200
the person does not hold one of the following authorizing the	1201
practice of that branch of cosmetology:	1202

(1) A current, valid license under section 4713.28, 4713.30,	1203
or 4713.34 of the Revised Code;	1204

(2) A current, valid temporary pre-examination work permit	1205
issued under section 4713.22 of the Revised Code;	1206

(3) A current, valid temporary special occasion work permit	1207
issued under section 4713.37 of the Revised Code;	1208

(4) A current, valid temporary work permit issued under rules	1209
adopted by the board pursuant to section 4713.08 of the Revised	1210
Code.	1211

(E) Manage a salon without a current, valid license under	1212
section 4713.30 or 4713.34 of the Revised Code to manage that type	1213
of salon;	1214

(F) Except for apprentice instructors and as provided in	1215
section 4713.45 of the Revised Code, teach the theory or practice	1216
of a branch of cosmetology at a school of cosmetology without	1217
either of the following authorizing the teaching of that branch of	1218
cosmetology:	1219

(1) A current, valid license under section 4713.31 or	1220
4713.34 of the Revised Code;	1221

(2) A current, valid temporary special occasion work permit	1222
issued under section 4713.37 of the Revised Code.	1223

(G) Advertise or operate a glamour photography service in	1224
which a branch of cosmetology is practiced unless the person	1225
practicing the branch of cosmetology holds either of the following	1226
authorizing the practice of that branch of cosmetology:	1227

(1) A current, valid license under section 4713.28, 4713.30,	1228
or 4713.34 of the Revised Code;	1229

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

(H) Advertise or operate a glamour photography service in	1232
which a branch of cosmetology is practiced at a location not	1233
specified by rules adopted under section 4713.08 of the Revised	1234
Code;	1235

(I) Practice a branch of cosmetology at a salon in which	1236
the person rents booth space without a current, valid independent	1237
contractor license under section 4713.39 of the Revised Code;	1238

(J) Operate a salon without a current, valid license under	1239
section 4713.41 of the Revised Code;	1240

(K) Provide cosmetic therapy or massage intherapy at a	1241
beauty salon or nail salon for pay, free, or otherwise unless the	1242
person holdswithout a current, valid certificate issued by the	1243
state medical board pursuant tounder section 4731.15 of the	1244
Revised Code or provide any other professional service at a salon	1245
for pay, free, or otherwise without a current, valid license or	1246
certificate issued by the professional regulatory board of this	1247
state that regulates the profession;	1248

(7) Engage in the advertisement or operation of a glamour	1249
photography service unless properly licensed under this chapter by	1250
the state board of cosmetology.	1251

(B) Sections 4713.01 to 4713.21 of the Revised Code do not	1252
prohibit any student in a licensed school of cosmetology in this	1253
state from engaging in that school, as a student, in work	1254
connected with any branch of cosmetology taught in the school	1255

(L) Teach a branch of cosmetology at a salon, unless the	1256
person receiving the instruction holds either of the following	1257
authorizing the practice of that branch of cosmetology:	1258

(1) A current, valid license under section 4713.28, 4713.30,	1259
or 4713.34 of the Revised Code;	1260

(2) A current, valid temporary pre-examination work permit	1261
issued under section 4713.22 of the Revised Code.	1262

(M) Operate a school of cosmetology without a current, valid	1263
license under section 4713.44 of the Revised Code;	1264

(N) At a salon or school of cosmetology, do either of the	1265
following:	1266

(1) Use or possess a cosmetic product containing an	1267
ingredient that the United States food and drug administration has	1268
prohibited by regulation;	1269

(2) Use a cosmetic product in a manner inconsistent with a	1270
restriction established by the United States food and drug	1271
administration by regulation;	1272

(3) Use or possess a liquid nail monomer containing any trace	1273
of methyl methacrylate (MMA).	1274

(O) While in charge of a salon or school of cosmetology,	1275
permit any person to sleep in, or use for residential purposes,	1276
any room used wholly or in part as the salon or school of	1277
cosmetology;	1278

(P) Maintain, as an established place of business for the	1279
practice of one or more of the branches of cosmetology, a room	1280
used wholly or in part for sleeping or residential purposes;	1281

(Q) Operate a tanning facility that is offered to the	1282
public for a fee or other compensation without a current, valid	1283
permit under section 4713.48 of the Revised Code.	1284

Sec. 4713.141. An inspector employed by the state board of	1285
cosmetology may take a sample of a product used or sold in a salon	1286
or school of cosmetology for the purpose of examining the sample,	1287
or causing an examination of the sample to be made, to determine	1288
whether division (N) of section 4713.14 of the Revised Code has	1289
been violated.	1290

Sec. 4713.15. This chapter does not permit any of the	1292
services or arts that are part of the practice of a branch of	1293
cosmetology to be used for the treatment or cure of a physical or	1294
mental disease or ailment.	1295

Sec. 4713.16. This chapter does not prohibit any of the	1297
following:	1298

(A) Practicing a branch of cosmetology without a license if	1299
the person does so for free at the person's home for a family	1300
member who resides in the same household as the person;	1301

(B) The retail sale, or trial demonstration by application	1302
to the skin for purposes of retail sale, of cosmetics,	1303
preparations, tonics, antiseptics, creams, lotions, wigs, or	1304
hairpieces without a practicing license;	1305

(C) The retailing, at a salon, of cosmetics, preparations,	1306
tonics, antiseptics, creams, lotions, wigs, hairpieces, clothing,	1307
or any other items that pose no risk of creating unsanitary	1308
conditions at the salon;	1309

(D) The provision of glamour photography services at a	1310
licensed salon if either of the following is the case:	1311

(1) A branch of cosmetology is not practiced as part of the	1312
services.	1313

(2) If a branch of cosmetology is practiced as part of the	1314
services, the part of the services that is a branch of cosmetology	1315
is performed by a person who holds either of the following	1316
authorizing the person to practice that branch of cosmetology:	1317

(a) A current, valid license under section 4713.28, 4713.30,	1318
or 4713.34 of the Revised Code;	1319

(b) A current, valid temporary special occasion work permit	1320
issued under section 4713.37 of the Revised Code.	1321

(E) A student engaging, as a student, in work connected with	1322
a branch of cosmetology taught at the school of cosmetology at	1323
which the student is enrolled.	1324

Sec. 4713.12.        Sec. 4713.17. Sections 4713.01 to 4713.21 of the	1326
Revised Code do not prohibit service in cases of emergency or	1327
domestic administration, without compensation.(A) The following	1328
persons shall beare exempt from the provisions of such sections	1329
this chapter, except, as applicable, section 4713.42 of the	1330
Revised Code:	1331

(A)(1) All persons authorized to practice medicine, surgery,	1332
dentistry, and nursing or any of its branches in this state;	1333

(B)(2) Commissioned surgical and medical officers of the	1334
United States army, navy, air force, or marine hospital service	1335
when engaged in the actual performance of their official duties,	1336
and attendants attached to same;	1337

(C)(3) Barbers, insofar as their usual and ordinary vocation	1338
and profession is concerned;	1339

(D)(4) Funeral directors, embalmers, and apprentices	1340
licensed or registered under Chapter 4717. of the Revised Code;	1341

(E)(5) Persons who are engaged in the retail sale, cleaning,	1342
or beautification of wigs and posticheshairpieces but who do not	1343
engage in any other act constituting the practice of a branch of	1344
cosmetology;	1345

(F)(6) Volunteers of hospitals, and homes as defined in	1346
section 3721.01 of the Revised Code, who render service to	1347
registered patients and inpatients who reside in such hospitals or	1348
homes. Such volunteers shall not use or work with any chemical	1349
products such as permanent wave, hair dye, or chemical hair	1350
relaxer, which without proper training would pose a health or	1351
safety problem to the patient.	1352

(G) Nurses(7) Nurse aides and other employees of hospitals	1353
and homes as defined in section 3721.01 of the Revised Code, who	1354
renderpractice a branch of cosmetology services toon registered	1355
patients only as part of general patient care services and who do	1356
not charge patients directly on a fee for service basis;	1357

(H)(8) Cosmetic therapists and massage therapists who hold	1358
current, valid certificates to practice cosmetic or massage	1359
therapy issued by the state medical board under section 4731.15 of	1360
the Revised Code, to the extent their actions are authorized by	1361
their certificates to practice;	1362

(I) Photographers engaged in delivering a glamour	1363
photography service in a licensed salon, so long as the person	1364
advertising and operating the glamour photography service is	1365
properly licensed under this chapter by the state board of	1366
cosmetology(9) Inmates who provide services related to a branch	1367
of cosmetology to other inmates, except when those services are	1368
provided in a licensed school of cosmetology within a state	1369
correctional institution for females.	1370

(B) The director of rehabilitation and correction shall	1371
oversee the services described in division (A)(9) of this section	1372
with respect to sanitation and adopt rules governing those types	1373
of services provided by inmates.	1374

Sec. 4713.05.        Sec. 4713.20. Every application for(A) Each person	1375
who seeks admission to an examination,conducted under section	1376
4713.24 of the Revised Code and every application foreach person	1377
who seeks a license as a cosmetologist, a natural hair stylist, or	1378
in any branch of cosmetology,under this chapter shall be in	1379
writing, on forms prepared and furnished by the state board of	1380
cosmetology. Such application shall be accompanied by the fee	1381
specified, and shall containdo all of the following:	1382

(1) Submit to the state board of cosmetology a written	1383
application containing proof of the qualifications of the	1384
applicant forfollowing:	1385

(a) If the person seeks admission to an examination, that	1386
the person satisfies all conditions to obtain the license for	1387
which the examination is conducted, other than the requirement to	1388
have passed the examination, or for;	1389

(b) If the person seeks a license, that the person	1390
satisfies all conditions for obtaining the license, and shall be	1391
verified.	1392

(2) Pay to the board the applicable fee;

1393

(3) Verify by the oath thatof the applicantapplication is	1394
true.	1395

If, after application, the applicant fails to appear for the	1396
applicant's examination, in order to be examined at a later date,	1397
the applicant may apply again as specified above and shall pay the	1398
re-examination fee.	1399

Applicants failing to pass the examination may apply again as	1400
specified above and shall pay the re-examination fee(B) An	1401
application to operate a salon or school of cosmetology may be	1402
submitted by the owner, manager, or person in charge of the salon	1403
or school.	1404

Sec. 4713.21. Both of the following may apply again under	1405
section 4713.20 of the Revised Code for admission to an	1406
examination conducted under section 4713.24 of the Revised Code:	1407

(A) A person who failed to appear for an examination that	1408
the person was previously scheduled to take;	1409

(B) A person who appeared for a previously scheduled	1410
examination but failed to pass it.	1411

Sec. 4713.22. (A) The state board of cosmetology shall issue	1412
a temporary pre-examination work permit to a person who applies	1413
under section 4713.20 of the Revised Code for admission to an	1414
examination conducted under section 4713.24 of the Revised Code,	1415
if the person satisfies all of the following conditions:	1416

(1) Is seeking a practicing license;

1417

(2) Has not previously failed an examination conducted	1418
under section 4713.24 of the Revised Code to determine the	1419
applicant's fitness to practice the branch of cosmetology for	1420
which the person seeks a license;	1421

(3) Pays to the board the applicable fee;

1422

(4) Satisfies all other conditions established by rules	1423
adopted under section 4713.08 of the Revised Code.	1424

(B) A person issued a temporary pre-examination work	1425
permit may practice the branch of cosmetology for which the person	1426
seeks a license until the date the person is scheduled to take an	1427
examination under section 4713.24 of the Revised Code. The person	1428
shall practice under the supervision of a person holding a	1429
current, valid managing license appropriate for the type of salon	1430
in which the permit holder practices. A temporary pre-examination	1431
work permit is renewable in accordance with rules adopted under	1432
section 4713.08 of the Revised Code.	1433

Sec. 4713.06.        Sec. 4713.24. (A) All examinations of applicants	1434
under sections 4713.01 to 4713.21 of the Revised Code shall meet	1435
The state board of cosmetology shall conduct an examination for	1436
each person who satisfies the requirements established by section	1437
4713.20 of the Revised Code for admission to the examination. The	1438
examination shall be specific to the type of license the person	1439
seeks and satisfy all of the following conditions:	1440

(1)(A) Include both practical demonstrations and written or	1441
oral tests related to the type of license the person seeks;	1442

(2)(B) Relate only to a branch of cosmetology, managing	1443
license, or both, but not be confined to any special system or	1444
method;	1445

(3)(C) Be consistent in both practical and technical	1446
requirements, andfor the type of license the person seeks;	1447

(D) Be of sufficient thoroughness to satisfy the state board	1448
of cosmetology as to the applicant'sperson's skill in and	1449
knowledge ifof the practice of the occupation for which a license	1450
is sought.	1451

(B)(1) Examinations for licenses as cosmetologists shall, in	1452
addition to the requirements of division (A) of this section,	1453
include practical demonstrations and written or oral tests in	1454
sanitation and the use of mechanically and electrically operated	1455
apparatus as applicable to the practice branch of cosmetology,	1456
managing license, or both, for which the examination is conducted.	1457

(2) Examinations for a managing cosmetologist's license may	1458
be administered separately at the completion of the managing	1459
cosmetologist's training course, or may be combined with the	1460
examination for a cosmetologist's license where the applicant has	1461
completed a single eighteen hundred-hour combined cosmetologist	1462
and managing cosmetologist course. Applicants may apply for an	1463
examination for a managing cosmetologist's license following	1464
completion of one year of certified employment experience in a	1465
licensed beauty salon.	1466

(3) Examinations for a managing manicurist's license may be	1467
administered separately at the completion of the managing	1468
manicurist's training course, or may be combined with the	1469
examination for a manicurist license when the applicant has	1470
completed a single three hundred-hour course combining the	1471
manicurist and managing manicurist training certified to the board	1472
by a licensed school of cosmetology in this state.	1473

(4) In addition to the requirements of division (A) of this	1474
section, examinations for licenses as an esthetician shall include	1475
a practical demonstration and a written or oral test in sanitation	1476
and the principles of esthetics.	1477

(5) Examinations for a license as a managing esthetician may	1478
be administered separately at the completion of the applicant's	1479
training as a managing esthetician or may be combined with the	1480
examination for the license as an esthetician when the applicant	1481
has completed a single course of study of at least seven hundred	1482
fifty hours combining esthetics and managing esthetics training in	1483
a licensed school of cosmetology in this state.	1484

Sec. 4713.25. The state board of cosmetology may administer a	1485
separate managing cosmetologist examination for persons who	1486
complete a managing cosmetologist training course separate from a	1487
cosmetologist training course. The board may combine the managing	1488
cosmetologist examination with the cosmetologist examination for	1489
persons who complete a combined eighteen hundred-hour	1490
cosmetologist and managing cosmetologist training course.	1491

The board may administer a separate managing esthetician	1492
examination for persons who complete a managing esthetician	1493
training course separate from an esthetician training course. The	1494
board may combine the managing esthetician examination with the	1495
esthetician examination for persons who complete a combined seven	1496
hundred fifty-hour esthetician and managing esthetician training	1497
course.	1498

The board may administer a separate managing hair designer	1499
examination for persons who complete a managing hair designer	1500
training course separate from a hair designer training course. The	1501
board may combine the managing hair designer examination with the	1502
hair designer examination for persons who complete a combined one	1503
thousand four hundred forty-hour hair designer and managing hair	1504
designer training course.	1505

The board may administer a separate managing manicurist	1506
examination for persons who complete a managing manicurist	1507
training course separate from a manicurist training course. The	1508
board may combine the managing manicurist examination with the	1509
manicurist examination for persons who complete a combined three	1510
hundred-hour manicurist and managing manicurist training 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, except	1557
that only one thousand hours of board-approved hair designer	1558
training in a school of cosmetology licensed in this state is	1559
required of a person licensed as a barber under Chapter 4709. of	1560
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 two hundred hours of instruction	1566
in subjects relating to sanitation, manicuring, and application of	1567
artificial or sculptured nailsboard-approved manicurist training	1568
in a licensed school of cosmetology licensed in Ohio. Except as	1569
provided in section 4713.09 of the Revised Code, an applicant	1570
shall pass an examination in order to qualify for a manicurist's	1571
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 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 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 not 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 not 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 continuing	2392
education requirement may not be applied to the next biennial	2393
licensing period.	2394

(D) If a continuing education requirement is established,	2395
the board's rules shall establish a schedule of reasonable prices	2396
that may be charged for attending continuing education programs	2397
approved under this section. The board shall ensure that a	2398
sufficient number of programs are available at such reasonable	2399
prices so that a licensee who so desires may meet the continuing	2400
education requirement at a cost of not more than fifty dollars.	2401
The board's rules may establish a maximum cost for meeting the	2402
continuing education requirement in excess of fifty dollars,	2403
provided that the cost does not exceed seventy-five dollars.	2404

(E) Any person desiring to offer a program for continuing	2405
education credit shall, before offering the program, apply to the	2406
board for approval of the program and the price that will be	2407
charged for attending the program. The board shall encourage	2408
applicants for approval to charge the applicable reasonable price	2409
established in rules adopted under this section. The board may	2410
approve a program even if the price for attending the program	2411
exceeds the applicable reasonable price.	2412

If the board approves a program, the applicant may offer the	2413
program for continuing education credit. The board shall charge	2414
the applicant an approval fee adequate to cover any expense	2415
incurred by the board through the approval process.	2416

The board may approve a program for continuing education	2417
credit only if the applicant is an employee, officer, or director	2418
of a nonprofit professional association, college or university,	2419
vocational school, postsecondary proprietary school of cosmetology	2420
licensed by the board, or manufacturer of supplies or equipment	2421
used in the practice of cosmetology. The board shall not approve	2422
a program unless the program will do at least one of the	2423
following:	2424

(1) Enhance the professional competency of the affected	2425
licensees;	2426

(2) Protect the public;

2427

(3) Educate the affected licensees in the application of the	2428
laws and rules regulating the practice of cosmetology.	2429

(F) A person offering programs approved for continuing	2430
education credit shall provide the board with a tentative schedule	2431
of programs. The board shall ensure that a sufficient number of	2432
programs are scheduled at times frequent enough to make the	2433
programs readily available to all licensees throughout the state.	2434

(G) If the board adopts a continuing education requirement	2435
under this section, upon a review of reported violations of this	2436
chapter and the board's rules, the board may determine that a	2437
continuing education program focusing on certain sections of this	2438
chapter and the board's rules would be beneficial to the	2439
profession of cosmetology and the public. Once this determination	2440
has been made, the board may develop a continuing education	2441
program that is designed to correct the violations, and may make	2442
necessary arrangements to conduct the continuing education	2443
program. The program shall be available to all licensees. The	2444
board shall charge a fee for attending the program sufficient to	2445
cover any costs incurred by the board. Satisfactory completion of	2446
the program may be applied toward completion of the continuing	2447
education requirement.	2448

Sec. 4713.11.        Sec. 4713.60.  (A) Every licensee, as provided in	2449
sections 4713.01 to 4713.25 of the Revised Code, shall renew his	2450
license by the thirtieth day of January of each odd-numbered year	2451
by applying to the state board of cosmetology pursuant to the	2452
standard renewal procedure of Chapter 4745. of the Revised Code.	2453
Application shall be made on forms provided by the board and shall	2454
include the renewal fee established under section 4713.10 of the	2455
Revised Code. Except as provided in division (C) of this section,	2456
the applicanta person seeking a renewal of a license to practice	2457
a branch of cosmetology, managing license, or instructor license	2458
shall include in the renewal application proof satisfactory to the	2459
board of completion of any applicable continuing education	2460
requirements established by rules adopted by the board under	2461
section 4713.1114713.09 of the Revised Code.	2462

(B) If an applicant fails to provide satisfactory proof of	2463
completion of any applicable continuing education requirements,	2464
the board shall notify the applicant that the application is	2465
incomplete. The board shall not renew the license until the	2466
applicant provides satisfactory proof of completion of any	2467
applicable continuing education requirements. The board may	2468
provide the applicant with an extension of up to ninety days in	2469
which to complete the continuing education requirement. In	2470
providing for the extension, the board may charge the licensee a	2471
fine of up to one hundred dollars.	2472

(C) The board may waive, or extend the period for	2473
completing, any continuing education requirement adopted under	2474
section 4713.111 of the Revised Code if a licensee applies to the	2475
board and provides proof satisfactory to the board of being unable	2476
to complete the requirement within the time allowed because of any	2477
of the following:	2478

(1) An emergency;

2479

(2) An unusual or prolonged illness;

2480

(3) Active duty service in any branch of the armed forces of	2481
the United States.	2482

The board shall determine the period of time during which	2483
each extension is effective and shall inform the applicant. The	2484
board shall also inform the applicant of the continuing education	2485
requirements that must be met to have the license renewed. If an	2486
extension is granted for less than one year, the continuing	2487
education requirement for that year, in addition to the required	2488
continuing education for the succeeding year, must be completed in	2489
the succeeding year. In all other cases the board may waive all	2490
or part of the continuing education requirement on a case-by-case	2491
basis. Any required continuing education shall be completed and	2492
satisfactory proof of its completion submitted to the board by a	2493
date specified by the board. Every license which has not been	2494
renewed in any odd-numbered year by the thirtiethlast day of	2495
January and for which the continuing education requirement has not	2496
been waived or extended shall be considered expired.	2497

(D) If the board adopts a continuing education requirement	2498
under section 4713.111 of the Revised Code, it may develop a	2499
procedure by which a licensee who is not currently engaged in the	2500
practice of cosmetology, but desires to be so engaged in the	2501
future, may apply to the board to have his license classified as	2502
inactive.	2503

Licensees desiring to have their licenses classified as	2504
inactive shall apply to the board on forms provided by the board	2505
and shall pay the fee established under this division. A license	2506
classified as inactive license shall remain inactive at least	2507
until the thirtieth day of January of the next odd-numbered year.	2508

If the board develops a procedure for classifying licenses as	2509
inactive, the board shall adopt a rule establishing a fee for	2510
having licenses classified as inactive. The fee shall reflect the	2511
costs to the board of providing the inactive license service. The	2512
board shall also adopt rules establishing a continuing education	2513
requirement to be completed to have an inactive license restored.	2514
The continuing education requirement shall be sufficient to ensure	2515
the minimum competency required by a licensee necessary to protect	2516
the public. The board shall not restore an inactive license until	2517
the licensee submits proof satisfactory to the board that the	2518
continuing education requirement has been completed.	2519

(E) Any licensed cosmetologist, managing cosmetologist,	2520
esthetician, managing esthetician, cosmetology instructor,	2521
manicurist instructor, esthetics instructor, manicurist, or	2522
managing manicurist who is not currently engaged in the practice	2523
of cosmetology and who does not hold an inactive license may have	2524
his license restored only upon payment of all lapsed renewal fees	2525
and submitting proof satisfactory to the board that any applicable	2526
continuing education requirements have been completed; provided	2527
that no cosmetologist, managing cosmetologist, esthetician,	2528
managing esthetician, cosmetology instructor, manicurist	2529
instructor, esthetics instructor, manicurist, or managing	2530
manicurist who has not been engaged in the practice of cosmetology	2531
for more than two years and who does not hold an inactive license	2532
may have his license restored without passing an examination as	2533
provided in section 4713.06 of the Revised Code.	2534

(F) Upon payment of the renewal fee provided in division (D)	2535
of section 4713.10 of the Revised Code and submitting proof	2536
satisfactory to the board that any applicable continuing education	2537
requirements have been completed, a person currently licensed as:	2538

(1) A cosmetology instructor who has previously been	2539
licensed as a cosmetologist or a managing cosmetologist, is	2540
entitled to the reissuance of a cosmetologist or managing	2541
cosmetologist license;	2542

(2) A manicurist instructor who has previously been licensed	2543
as a manicurist or a managing manicurist, is entitled to the	2544
reissuance of a manicurist or managing manicurist license;	2545

(3) An esthetics instructor who has previously been licensed	2546
as an esthetician or a managing esthetician, is entitled to the	2547
reissuance of an esthetician or managing esthetician license.	2548

(G) The board may refuse to renew the license of any salon,	2549
school, or other license holder that has outstanding an unpaid	2550
fine that was levied under section 4713.17 of the Revised Code.	2551

Sec. 4713.61. (A) If the state board of cosmetology adopts a	2552
continuing education requirement under section 4713.09 of the	2553
Revised Code, it may develop a procedure by which a person who	2554
holds a license to practice a branch of cosmetology, managing	2555
license, or instructor license and who is not currently engaged in	2556
the practice of the branch of cosmetology, managing a salon, or	2557
teaching the theory and practice of the branch of cosmetology, but	2558
who desires to be so engaged in the future, may apply to the board	2559
to have the person's license classified inactive. If the board	2560
develops such a procedure, a person seeking to have the person's	2561
license classified inactive shall apply to the board on a form	2562
provided by the board and pay the fee established by rules adopted	2563
under section 4713.08 of the Revised Code.	2564

(B) The board shall not restore an inactive license until	2565
the later of the following:	2566

(1) The date that the person holding the license submits	2567
proof satisfactory to the board that the person has completed the	2568
continuing education that a rule adopted under section 4713.08 of	2569
the Revised Code requires;	2570

(2) The last day of January of the next odd-numbered year	2571
following the year the license is classified inactive.	2572

(C) A person who holds an inactive license may engage in the	2573
practice of a branch of cosmetology if the person holds a	2574
temporary work permit as specified in rules adopted by the board	2575
under section 4713.08 of the Revised Code.	2576

Sec. 4713.62. (A) A person holding a practicing license,	2577
managing license, or instructor license may satisfy a continuing	2578
education requirement established by rules adopted under section	2579
4713.09 of the Revised Code only by completing continuing	2580
education programs approved under division (B) of this section or	2581
developed under division (C) of this section.	2582

(B) The state board of cosmetology shall approve a	2583
continuing education program if all of the following conditions	2584
are satisfied:	2585

(1) The person operating the program submits to the board a	2586
written application for approval.	2587

(2) The person operating the program pays to the board a	2588
fee established by rules adopted under section 4713.08 of the	2589
Revised Code.	2590

(3) The program is operated by an employee, officer, or	2591
director of a nonprofit professional association, college or	2592
university, vocational school, postsecondary proprietary school of	2593
cosmetology licensed by the board, salon licensed by the board, or	2594
manufacturer of supplies or equipment used in the practice of a	2595
branch of cosmetology.	2596

(4) The program will do at least one of the following:         (a) Enhance the professional competency of the affected 2597 licensees; 2598         (b) Protect the public; 2599        (c) Educate the affected licensees in the application of the 2600 laws and rules regulating the practice of a branch of cosmetology. 2601

(5) The person operating the program provides the board a	2603
tentative schedule of when the program will be available so that	2604
the board can make the schedule readily available to all	2605
licensees throughout the state.	2606

Sec. 4713.63. A practicing license, managing license, or	2607
instructor license that has not been renewed for any reason other	2608
than because it has been revoked, suspended, or classified	2609
inactive, or because the license holder has been given a waiver or	2610
extension under section 4713.60 of the Revised Code, is expired.	2611
An expired license may be restored if the person who held the	2612
license meets all of the following applicable conditions:	2613

(A) Pays the restoration fee;

2614

(B) Pays all lapsed renewal fees;

2615

(C) Submits proof satisfactory to the state board of	2616
cosmetology that the person has completed all applicable	2617
continuing education requirements;	2618

(D) In the case of a practicing license or managing license	2619
that has been expired for more than two years, retakes and passes	2620
an examination conducted under section 4713.24 of the Revised Code	2621
for the branch of cosmetology that the person seeks to practice or	2622
type of salon the person seeks to manage.	2623

Sec. 4713.17.        Sec. 4713.64.  (A) In accordance with Chapter 119.	2624
of the Revised Code, the state board of cosmetology may deny,	2625
revoke, or suspend a license or permit issued by the board or	2626
impose a fine of not more than one hundred dollars per violation	2627
for any of the following:	2628

(1) Failure of a person operating a nail salon, beauty	2629
salon, esthetics salon, tanning facility, or school of cosmetology	2630
to comply with the requirements of sections 4713.01 to 4713.25 of	2631
the Revised Codethis chapter or rules adopted under it;	2632

(2) Failure to comply with the sanitary rules adopted by the	2633
board or by the department of health for the regulation of nail	2634
salons, beauty salons, esthetics salons, schools of cosmetology,	2635
or the practice of cosmetology;	2636

(3) Failure of a person operating a beauty salon or nail	2637
salon where massage services are provided under section 4713.14 of	2638
the Revised Code to ensure that the person providing the massage	2639
services complies with the sanitary rules adopted by the board or	2640
by the department of health for the regulation of salons;	2641

(4) Continued practice by a person knowingly having an	2642
infectious or contagious disease;	2643

(5)(3) Habitual drunkenness or addiction to any	2644
habit-forming drug;	2645

(6)(4) Willful false and fraudulent or deceptive	2646
advertising;	2647

(7)(5) Falsification of any record or application required	2648
to be filed with the board;	2649

(8)(6) Failure to pay a fine or abide by a suspension order	2650
issued by the board.	2651

(B) The board may impose a separate fine for each offense	2652
listed in division (A) of this section. The amount of a fine	2653
shall be not more than one hundred dollars if the violator has not	2654
previously been fined for that offense. The fine shall be not	2655
more than five hundred dollars if the violator has been fined for	2656
the same offense once before. The fine shall be not more than one	2657
thousand dollars if the violator has been fined for the same	2658
offense two or more times before.	2659

(C) If a person fails to request a hearing within thirty	2660
days of the date the board, in accordance with section 119.07 of	2661
the Revised Code, notifies the person of the board's intent to act	2662
against the person under division (A) of this section, the board	2663
by a majority vote of a quorum of the board members may take the	2664
action against the person without holding an adjudication hearing.	2665

(D) The board, after a hearing in accordance with Chapter	2666
119. of the Revised Code, may suspend a tanning facility permit if	2667
the owner or operator fails to correct an unsafe condition that	2668
exists in violation of the board's rules or fails to cooperate in	2669
an inspection of the tanning facility. If a violation has	2670
resulted in a condition reasonably believed by an inspector to	2671
create an immediate danger to the health and safety of any person	2672
using the tanning facility, the inspector may suspend the permit	2673
without a prior hearing until the condition is corrected or until	2674
a hearing in accordance with Chapter 119. of the Revised Code is	2675
held and the board either upholds the suspension or reinstates the	2676
permit.	2677

Sec. 4713.27.        Sec. 4713.65.  On receipt of a notice pursuant to	2678
section 3123.43 of the Revised Code, the state board of	2679
cosmetology shall comply with sections 3123.41 to 3123.50 of the	2680
Revised Code and any applicable rules adopted under section	2681
3123.63 of the Revised Code with respect to a license issued	2682
pursuant to this chapter.	2683

Sec. 4713.99.  Whoever violates section 4713.20, 4713.21, or	2684
division (D) of section 4713.254713.14 of the Revised Code is	2685
guilty of a misdemeanor of the fourth degree on a first offense;	2686
on each subsequent offense, such person is guilty of a misdemeanor	2687
of the third degree.	2688

Sec. 4717.14.  (A) The board of embalmers and funeral	2689
directors may refuse to grant or renew, or may suspend or revoke,	2690
any license issued under this chapter for any of the following	2691
reasons:	2692

(1) The license was obtained by fraud or misrepresentation	2693
either in the application or in passing the examination.	2694

(2) The applicant or licensee has been convicted of or has	2695
pleaded guilty to a felony or of any crime involving moral	2696
turpitude.	2697

(3) The applicant or licensee has purposely violated any	2698
provision of sections 4717.01 to 4717.15 or a rule adopted under	2699
any of those sections; division (A) or (B) of section 4717.23;	2700
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	2701
or divisions (H) to (K) of section 4717.26; division (D)(1) of	2702
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	2703
Revised Code; any rule or order of the department of health or a	2704
board of health of a health district governing the disposition of	2705
dead human bodies; or any other rule or order applicable to the	2706
applicant or licensee.	2707

(4) The applicant or licensee has committed immoral or	2708
unprofessional conduct.	2709

(5) The applicant or licensee knowingly permitted an	2710
unlicensed person, other than a person serving an apprenticeship,	2711
to engage in the profession or business of embalming or funeral	2712
directing under the applicant's or licensee's supervision.	2713

(6) The applicant or licensee has been habitually	2714
intoxicated, or is addicted to the use of morphine, cocaine, or	2715
other habit-forming or illegal drugs.	2716

(7) The applicant or licensee has refused to promptly submit	2717
the custody of a dead human body upon the express order of the	2718
person legally entitled to the body.	2719

(8) The licensee loaned the licensee's own license, or the	2720
applicant or licensee borrowed or used the license of another	2721
person, or knowingly aided or abetted the granting of an improper	2722
license.	2723

(9) The applicant or licensee transferred a license to	2724
operate a funeral home, embalming facility, or crematory from one	2725
owner or operator to another, or from one location to another,	2726
without notifying the board.	2727

(10) The applicant or licensee mislead the public by using	2728
false or deceptive advertising.	2729

(B)(1) The board of embalmers and funeral directors shall	2730
refuse to grant or renew, or shall suspend or revoke, an	2731
embalmer's, funeral director's, funeral home, or embalming	2732
facility license only in accordance with Chapter 119. of the	2733
Revised Code.	2734

(2) The board shall send to the crematory review board	2735
written notice that it proposes to refuse to issue or renew, or	2736
proposes to suspend or revoke, a license to operate a crematory	2737
facility. If, after the conclusion of the adjudicatory hearing on	2738
the matter conducted under division (E) of section 4717.03 of the	2739
Revised Code, the board of embalmers and funeral directors finds	2740
that any of the circumstances described in divisions (A)(1) to	2741
(10) of this section apply to the person named in its proposed	2742
action, the board may issue a final order under division (E) of	2743
section 4717.03 of the Revised Code refusing to issue or renew, or	2744
suspending or revoking, the person's license to operate a	2745
crematory facility.	2746

(C) If the board of embalmers and funeral directors	2747
determines that there is clear and convincing evidence that any of	2748
the circumstances described in divisions (A)(1) to (10) of this	2749
section apply to the holder of a license issued under this chapter	2750
and that the licensee's continued practice presents a danger of	2751
immediate and serious harm to the public, the board may suspend	2752
the licensee's license without a prior adjudicatory hearing. The	2753
executive director of the board shall prepare written allegations	2754
for consideration by the board.	2755

The board, after reviewing the written allegations, may	2756
suspend a license without a prior hearing.	2757

The board shall issue a written order of suspension by	2758
certified mail or in person in accordance with section 119.07 of	2759
the Revised Code. Such an order is not subject to suspension by	2760
the court during the pendency of any appeal filed under section	2761
119.12 of the Revised Code. If the holder of an embalmer's,	2762
funeral director's, funeral home, or embalming facility license	2763
requests an adjudicatory hearing by the board, the date set for	2764
the hearing shall be within fifteen days, but not earlier than	2765
seven days, after the licensee has requested a hearing, unless the	2766
board and the licensee agree to a different time for holding the	2767
hearing.	2768

Upon issuing a written order of suspension to the holder of a	2769
license to operate a crematory facility, the board of embalmers	2770
and funeral directors shall send written notice of the issuance of	2771
the order to the crematory review board. The crematory review	2772
board shall hold an adjudicatory hearing on the order under	2773
division (E) of section 4713.034717.03 of the Revised Code within	2774
fifteen days, but not earlier than seven days, after the issuance	2775
of the order, unless the crematory review board and the licensee	2776
agree to a different time for holding the adjudicatory hearing.	2777

Any summary suspension imposed under this division shall	2778
remain in effect, unless reversed on appeal, until a final	2779
adjudicatory order issued by the board of embalmers and funeral	2780
directors pursuant to this division and Chapter 119. of the	2781
Revised Code, or division (E) of section 4717.03 of the Revised	2782
Code, as applicable, becomes effective. The board of embalmers	2783
and funeral directors shall issue its final adjudicatory order	2784
within sixty days after the completion of its hearing or, in the	2785
case of the summary suspension of a license to operate a crematory	2786
facility, within sixty days after completion of the adjudicatory	2787
hearing by the crematory review board. A failure to issue the	2788
order within that time results in the dissolution of the summary	2789
suspension order, but does not invalidate any subsequent final	2790
adjudicatory order.	2791

(D) Any holder of a license issued under this chapter who	2792
has pleaded guilty to, has been found by a judge or jury to be	2793
guilty of, or has had a judicial finding of eligibility for	2794
treatment in lieu of conviction entered against the individual in	2795
this state for aggravated murder, murder, voluntary manslaughter,	2796
felonious assault, kidnapping, rape, sexual battery, gross sexual	2797
imposition, aggravated arson, aggravated robbery, or aggravated	2798
burglary, or who has pleaded guilty to, has been found by a judge	2799
or jury to be guilty of, or has had a judicial finding of	2800
eligibility for treatment in lieu of conviction entered against	2801
the individual in another jurisdiction for any substantially	2802
equivalent criminal offense, is hereby suspended from practice	2803
under this chapter by operation of law, and any license issued to	2804
the individual under this chapter is hereby suspended by operation	2805
of law as of the date of the guilty plea, verdict or finding of	2806
guilt, or judicial finding of eligibility for treatment in lieu of	2807
conviction, regardless of whether the proceedings are brought in	2808
this state or another jurisdiction. The board shall notify the	2809
suspended individual of the suspension of the individual's license	2810
by the operation of this division by certified mail or in person	2811
in accordance with section 119.07 of the Revised Code. If an	2812
individual whose license is suspended under this division fails to	2813
make a timely request for an adjudicatory hearing, the board shall	2814
enter a final order revoking the license.	2815

(E) No person whose license has been suspended or revoked	2816
under or by the operation of this section shall practice embalming	2817
or funeral directing or operate a funeral home, embalming	2818
facility, or crematory facility until the board has reinstated the	2819
person's license.	2820

Section 2. That existing sections 2925.01, 4709.03, 4709.07,	2821
4709.09, 4713.01, 4713.02, 4713.03, 4713.04, 4713.05, 4713.06,	2822
4713.08, 4713.09, 4713.10, 4713.11, 4713.111, 4713.12, 4713.14,	2823
4713.15, 4713.16, 4713.17, 4713.18, 4713.19, 4713.20, 4713.22,	2824
4713.25, 4713.26, 4713.27, 4713.99, and 4717.14 and sections	2825
4713.07, 4713.13, 4713.131, 4713.132, and 4713.21 of the Revised	2826
Code are hereby repealed.	2827

Section 3. The Governor shall determine, within thirty days	2828
after the effective date of this act, which of the three members	2829
of the State Board of Cosmetology who are licensed cosmetologists	2830
actively engaged in managing beauty salons shall be removed from	2831
office due to the expiration of the member's office pursuant to	2832
the operation of division (A)(2) of section 4713.02 of the Revised	2833
Code as enacted by this act.	2834

Section 4. The Governor shall appoint members of the State	2835
Board of Cosmetology to fill the positions on the Board created by	2836
this act within sixty days after the effective date of this act.	2837