As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 449


Representative Goodwin 

Cosponsors: Representatives Yuko, McGregor, J., Fessler, Evans, Huffman, Brown, Stebelton 



A BILL
To amend section 4713.01 and to enact section 4713.18 1
of the Revised Code to specifically allow 2
estheticians, hair designers, manicurists, 3
natural hair stylists, and cosmetologists to 4
operate out of a salon that is a mobile unit if 5
that unit is at least one thousand feet from the 6
nearest salon that is housed in a permanent 7
structure.8


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

       Section 1. That section 4713.01 be amended and section 9
4713.18 of the Revised Code be enacted to read as follows:10

       Sec. 4713.01.  As used in this chapter:11

       "Apprentice instructor" means a person holding a practicing12
license issued by the state board of cosmetology who is engaged in 13
learning or acquiring knowledge of the occupation of an instructor 14
of a branch of cosmetology at a school of cosmetology.15

       "Beauty salon" means any premises, building, or part of a16
building, or mobile unit in which a person is authorized to 17
engage in all branches of cosmetology. "Beauty salon" does not 18
include a barber shop licensed under Chapter 4709. of the Revised 19
Code in which a person engages in the practice of manicuring.20

       "Biennial licensing period" means the two-year period21
beginning on the first day of February of an odd-numbered year and22
ending on the last day of January of the next odd-numbered year.23

       "Braiding" means intertwining the hair in a systematic motion24
to create patterns in a three-dimensional form, inverting the hair25
against the scalp along part of a straight or curved row of26
intertwined hair, or twisting the hair in a systematic motion, and27
includes extending the hair with natural or synthetic hair fibers.28

       "Branch of cosmetology" means the practice of cosmetology,29
practice of esthetics, practice of hair design, practice of30
manicuring, or practice of natural hair styling.31

       "Cosmetic therapy" has the same meaning as in section 4731.1532
of the Revised Code.33

       "Cosmetologist" means a person authorized to engage in all34
branches of cosmetology.35

       "Cosmetology instructor" means a person authorized to teach36
the theory and practice of all branches of cosmetology at a school37
of cosmetology.38

       "Esthetician" means a person who engages in the practice of39
esthetics but no other branch of cosmetology.40

       "Esthetics instructor" means a person who teaches the theory41
and practice of esthetics, but no other branch of cosmetology, at42
a school of cosmetology.43

       "Esthetics salon" means any premises, building, or part of a44
building, or mobile unit in which a person engages in the 45
practice of esthetics but no other branch of cosmetology.46

       "Hair designer" means a person who engages in the practice of 47
hair design but no other branch of cosmetology.48

       "Hair design instructor" means a person who teaches the49
theory and practice of hair design, but no other branch of50
cosmetology, at a school of cosmetology.51

       "Hair design salon" means any premises, building, or part of52
a building, or mobile unit in which a person engages in the 53
practice of hair design but no other branch of cosmetology.54

       "Independent contractor license" means a license to practice55
a branch of cosmetology at a salon in which the license holder56
rents booth space.57

       "Instructor license" means a license to teach the theory and58
practice of a branch of cosmetology at a school of cosmetology.59

       "Managing cosmetologist" means a person authorized to manage60
a beauty salon and engage in all branches of cosmetology.61

       "Managing esthetician" means a person authorized to manage an62
esthetics salon, but no other type of salon, and engage in the63
practice of esthetics, but no other branch of cosmetology.64

       "Managing hair designer" means a person authorized to manage65
a hair design salon, but no other type of salon, and engage in the66
practice of hair design, but no other branch of cosmetology.67

       "Managing license" means a license to manage a salon and68
practice the branch of cosmetology practiced at the salon.69

       "Managing manicurist" means a person authorized to manage a70
nail salon, but no other type of salon, and engage in the practice71
of manicuring, but no other branch of cosmetology.72

       "Managing natural hair stylist" means a person authorized to73
manage a natural hair style salon, but no other type of salon, and74
engage in the practice of natural hair styling, but no other75
branch of cosmetology.76

       "Manicurist" means a person who engages in the practice of77
manicuring but no other branch of cosmetology.78

       "Manicurist instructor" means a person who teaches the theory 79
and practice of manicuring, but no other branch of cosmetology, at 80
a school of cosmetology.81

       "Mobile unit" means a movable unit that the board determines 82
is appropriate for use as a salon, including, but not limited to, 83
motor homes and trailers.84

       "Nail salon" means any premises, building, or part of a85
building, or mobile unit in which a person engages in the 86
practice of manicuring but no other branch of cosmetology. "Nail 87
salon" does not include a barber shop licensed under Chapter 88
4709. of the Revised Code in which a person engages in the 89
practice of manicuring.90

       "Natural hair stylist" means a person who engages in the91
practice of natural hair styling but no other branch of92
cosmetology.93

       "Natural hair style instructor" means a person who teaches94
the theory and practice of natural hair styling, but no other95
branch of cosmetology, at a school of cosmetology.96

       "Natural hair style salon" means any premises, building, or97
part of a building, or mobile unit in which a person engages in 98
the practice of natural hair styling but no other branch of 99
cosmetology.100

       "Practice of cosmetology" means the practice of all branches101
of cosmetology.102

       "Practice of esthetics" means the application of cosmetics,103
tonics, antiseptics, creams, lotions, or other preparations for104
the purpose of skin beautification and includes preparation of the105
skin by manual massage techniques or by use of electrical,106
mechanical, or other apparatus.107

       "Practice of hair design" means embellishing or beautifying108
hair, wigs, or hairpieces by arranging, dressing, pressing,109
curling, waving, permanent waving, cleansing, cutting, singeing,110
bleaching, coloring, braiding, weaving, or similar work. "Practice 111
of hair design" includes utilizing techniques performed by hand 112
that result in tension on hair roots such as twisting, wrapping, 113
weaving, extending, locking, or braiding of the hair.114

       "Practice of manicuring" means manicuring the nails of any115
person, applying artificial or sculptured nails to any person,116
massaging the hands and lower arms up to the elbow of any person,117
massaging the feet and lower legs up to the knee of any person, or118
any combination of these four types of services.119

       "Practice of natural hair styling" means utilizing techniques 120
performed by hand that result in tension on hair roots such as 121
twisting, wrapping, weaving, extending, locking, or braiding of 122
the hair. "Practice of natural hair styling" does not include the 123
application of dyes, reactive chemicals, or other preparations to 124
alter the color or to straighten, curl, or alter the structure of 125
the hair. "Practice of natural hair styling" also does not include 126
embellishing or beautifying hair by cutting or singeing, except as 127
needed to finish off the end of a braid, or by dressing, pressing, 128
curling, waving, permanent waving, or similar work.129

       "Practicing license" means a license to practice a branch of 130
cosmetology.131

       "Salon" means a beauty salon, esthetics salon, hair design132
salon, nail salon, or natural hair style salon.133

       "School of cosmetology" means any premises, building, or part 134
of a building in which students are instructed in the theories and 135
practices of one or more branches of cosmetology.136

       "Student" means a person, other than an apprentice137
instructor, who is engaged in learning or acquiring knowledge of138
the practice of a branch of cosmetology at a school of139
cosmetology.140

       "Tanning facility" means a room or booth that houses141
equipment or beds used for tanning human skin by the use of142
fluorescent sun lamps using ultraviolet or other artificial143
radiation.144

       Sec. 4713.18. (A) Mobile units are subject to all the 145
provisions of this chapter.146

       (B) No mobile unit shall operate within one thousand feet of 147
the nearest existing salon that is housed in a permanent 148
structure.149

       (C) Each mobile unit shall have an adequate dispensary, as 150
determined by the state board of cosmetology, to store chemicals 151
and other cosmetology substances away from the purview of the 152
general public.153

       (D) Each mobile unit shall install and maintain a global 154
positioning system as determined by the board.155

       Section 2. That existing section 4713.01 of the Revised Code 156
is hereby repealed.157