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| To amend sections 4713.01 and 4713.08 and to enact | 1 |
| section 4713.50 of the Revised Code to regulate | 2 |
| chemical tanning and prohibit tanning facilities | 3 |
| from allowing the use of sun lamps by certain | 4 |
| individuals under 18 years of age. | 5 |
| Section 1. That sections 4713.01 and 4713.08 be amended and | 6 |
| section 4713.50 of the Revised Code be enacted to read as follows: | 7 |
| Sec. 4713.01. As used in this chapter: | 8 |
| "Apprentice instructor" means a person holding a practicing | 9 |
| license issued by the state board of cosmetology who is engaged in | 10 |
| learning or acquiring knowledge of the occupation of an instructor | 11 |
| of a branch of cosmetology at a school of cosmetology. | 12 |
| "Beauty salon" means any premises, building, or part of a | 13 |
| building in which a person is authorized to engage in all branches | 14 |
| of cosmetology. "Beauty salon" does not include a barber shop | 15 |
| licensed under Chapter 4709. of the Revised Code in which a person | 16 |
| engages in the practice of manicuring. | 17 |
| "Biennial licensing period" means the two-year period | 18 |
| beginning on the first day of February of an odd-numbered year and | 19 |
| ending on the last day of January of the next odd-numbered year. | 20 |
| "Braiding" means intertwining the hair in a systematic motion | 21 |
| to create patterns in a three-dimensional form, inverting the hair | 22 |
| against the scalp along part of a straight or curved row of | 23 |
| intertwined hair, or twisting the hair in a systematic motion, and | 24 |
| includes extending the hair with natural or synthetic hair fibers. | 25 |
| "Branch of cosmetology" means the practice of cosmetology, | 26 |
| practice of esthetics, practice of hair design, practice of | 27 |
| manicuring, or practice of natural hair styling. | 28 |
| "Cosmetic therapy" has the same meaning as in section 4731.15 | 29 |
| of the Revised Code. | 30 |
| "Cosmetologist" means a person authorized to engage in all | 31 |
| branches of cosmetology. | 32 |
| "Cosmetology instructor" means a person authorized to teach | 33 |
| the theory and practice of all branches of cosmetology at a school | 34 |
| of cosmetology. | 35 |
| "Esthetician" means a person who engages in the practice of | 36 |
| esthetics but no other branch of cosmetology. | 37 |
| "Esthetics instructor" means a person who teaches the theory | 38 |
| and practice of esthetics, but no other branch of cosmetology, at | 39 |
| a school of cosmetology. | 40 |
| "Esthetics salon" means any premises, building, or part of a | 41 |
| building in which a person engages in the practice of esthetics | 42 |
| but no other branch of cosmetology. | 43 |
| "Hair designer" means a person who engages in the practice of | 44 |
| hair design but no other branch of cosmetology. | 45 |
| "Hair design instructor" means a person who teaches the | 46 |
| theory and practice of hair design, but no other branch of | 47 |
| cosmetology, at a school of cosmetology. | 48 |
| "Hair design salon" means any premises, building, or part of | 49 |
| a building in which a person engages in the practice of hair | 50 |
| design but no other branch of cosmetology. | 51 |
| "Independent contractor license" means a license to practice | 52 |
| a branch of cosmetology at a salon in which the license holder | 53 |
| rents booth space. | 54 |
| "Instructor license" means a license to teach the theory and | 55 |
| practice of a branch of cosmetology at a school of cosmetology. | 56 |
| "Managing cosmetologist" means a person authorized to manage | 57 |
| a beauty salon and engage in all branches of cosmetology. | 58 |
| "Managing esthetician" means a person authorized to manage an | 59 |
| esthetics salon, but no other type of salon, and engage in the | 60 |
| practice of esthetics, but no other branch of cosmetology. | 61 |
| "Managing hair designer" means a person authorized to manage | 62 |
| a hair design salon, but no other type of salon, and engage in the | 63 |
| practice of hair design, but no other branch of cosmetology. | 64 |
| "Managing license" means a license to manage a salon and | 65 |
| practice the branch of cosmetology practiced at the salon. | 66 |
| "Managing manicurist" means a person authorized to manage a | 67 |
| nail salon, but no other type of salon, and engage in the practice | 68 |
| of manicuring, but no other branch of cosmetology. | 69 |
| "Managing natural hair stylist" means a person authorized to | 70 |
| manage a natural hair style salon, but no other type of salon, and | 71 |
| engage in the practice of natural hair styling, but no other | 72 |
| branch of cosmetology. | 73 |
| "Manicurist" means a person who engages in the practice of | 74 |
| manicuring but no other branch of cosmetology. | 75 |
| "Manicurist instructor" means a person who teaches the theory | 76 |
| and practice of manicuring, but no other branch of cosmetology, at | 77 |
| a school of cosmetology. | 78 |
| "Nail salon" means any premises, building, or part of a | 79 |
| building in which a person engages in the practice of manicuring | 80 |
| but no other branch of cosmetology. "Nail salon" does not include | 81 |
| a barber shop licensed under Chapter 4709. of the Revised Code in | 82 |
| which a person engages in the practice of manicuring. | 83 |
| "Natural hair stylist" means a person who engages in the | 84 |
| practice of natural hair styling but no other branch of | 85 |
| cosmetology. | 86 |
| "Natural hair style instructor" means a person who teaches | 87 |
| the theory and practice of natural hair styling, but no other | 88 |
| branch of cosmetology, at a school of cosmetology. | 89 |
| "Natural hair style salon" means any premises, building, or | 90 |
| part of a building in which a person engages in the practice of | 91 |
| natural hair styling but no other branch of cosmetology. | 92 |
| "Practice of cosmetology" means the practice of all branches | 93 |
| of cosmetology. | 94 |
| "Practice of esthetics" means the application of cosmetics, | 95 |
| tonics, antiseptics, creams, lotions, or other preparations for | 96 |
| the purpose of skin beautification and includes preparation of the | 97 |
| skin by manual massage techniques or by use of electrical, | 98 |
| mechanical, or other apparatus. | 99 |
| "Practice of hair design" means embellishing or beautifying | 100 |
| hair, wigs, or hairpieces by arranging, dressing, pressing, | 101 |
| curling, waving, permanent waving, cleansing, cutting, singeing, | 102 |
| bleaching, coloring, braiding, weaving, or similar work. "Practice | 103 |
| of hair design" includes utilizing techniques performed by hand | 104 |
| that result in tension on hair roots such as twisting, wrapping, | 105 |
| weaving, extending, locking, or braiding of the hair. | 106 |
| "Practice of manicuring" means manicuring the nails of any | 107 |
| person, applying artificial or sculptured nails to any person, | 108 |
| massaging the hands and lower arms up to the elbow of any person, | 109 |
| massaging the feet and lower legs up to the knee of any person, or | 110 |
| any combination of these four types of services. | 111 |
| "Practice of natural hair styling" means utilizing techniques | 112 |
| performed by hand that result in tension on hair roots such as | 113 |
| twisting, wrapping, weaving, extending, locking, or braiding of | 114 |
| the hair. "Practice of natural hair styling" does not include the | 115 |
| application of dyes, reactive chemicals, or other preparations to | 116 |
| alter the color or to straighten, curl, or alter the structure of | 117 |
| the hair. "Practice of natural hair styling" also does not include | 118 |
| embellishing or beautifying hair by cutting or singeing, except as | 119 |
| needed to finish off the end of a braid, or by dressing, pressing, | 120 |
| curling, waving, permanent waving, or similar work. | 121 |
| "Practicing license" means a license to practice a branch of | 122 |
| cosmetology. | 123 |
| "Salon" means a beauty salon, esthetics salon, hair design | 124 |
| salon, nail salon, or natural hair style salon. | 125 |
| "School of cosmetology" means any premises, building, or part | 126 |
| of a building in which students are instructed in the theories and | 127 |
| practices of one or more branches of cosmetology. | 128 |
| "Student" means a person, other than an apprentice | 129 |
| instructor, who is engaged in learning or acquiring knowledge of | 130 |
| the practice of a branch of cosmetology at a school of | 131 |
| cosmetology. | 132 |
| "Tanning facility" means a room or booth that houses | 133 |
| equipment or beds used for tanning human skin by the use of either | 134 |
| or both of the following: (1) fluorescent sun lamps using | 135 |
| ultraviolet or other artificial radiation or (2) chemicals applied | 136 |
| to the skin, including chemical applications commonly referred to | 137 |
| as spray-on, mist-on, or sunless tans. | 138 |
| Sec. 4713.08. (A) The state board of cosmetology shall adopt | 139 |
| rules in accordance with Chapter 119. of the Revised Code as | 140 |
| necessary to implement this chapter. The rules shall do all of the | 141 |
| following: | 142 |
| (1) Govern the practice of the branches of cosmetology and | 143 |
| management of salons; | 144 |
| (2) Specify conditions a person must satisfy to qualify for a | 145 |
| temporary pre-examination work permit under section 4713.22 of the | 146 |
| Revised Code and the conditions and method of renewing a temporary | 147 |
| pre-examination work permit under that section; | 148 |
| (3) Provide for the conduct of examinations under section | 149 |
| 4713.24 of the Revised Code; | 150 |
| (4) Specify conditions under which the board will take into | 151 |
| account, under section 4713.32 of the Revised Code, instruction an | 152 |
| applicant for a license under section 4713.28, 4713.30, or 4713.31 | 153 |
| of the Revised Code received more than five years before the date | 154 |
| of application for the license; | 155 |
| (5) Provide for the granting of waivers under section 4713.29 | 156 |
| of the Revised Code; | 157 |
| (6) Specify conditions an applicant must satisfy for the | 158 |
| board to issue the applicant a license under section 4713.34 of | 159 |
| the Revised Code without the applicant taking an examination | 160 |
| conducted under section 4713.24 of the Revised Code; | 161 |
| (7) Specify locations in which glamour photography services | 162 |
| in which a branch of cosmetology is practiced may be provided; | 163 |
| (8) Establish conditions and the fee for a temporary special | 164 |
| occasion work permit under section 4713.37 of the Revised Code and | 165 |
| specify the amount of time such a permit is valid; | 166 |
| (9) Specify conditions an applicant must satisfy for the | 167 |
| board to issue the applicant an independent contractor license | 168 |
| under section 4713.39 of the Revised Code and the fee for issuance | 169 |
| and renewal of the license; | 170 |
| (10) Establish conditions under which food may be sold at a | 171 |
| salon; | 172 |
| (11) Specify which professions regulated by a professional | 173 |
| regulatory board of this state may be practiced in a salon under | 174 |
| section 4713.42 of the Revised Code; | 175 |
| (12) Establish standards for the provision of cosmetic | 176 |
| therapy, massage therapy, or other professional service in a salon | 177 |
| pursuant to section 4713.42 of the Revised Code; | 178 |
| (13) Establish standards for board approval of, and the | 179 |
| granting of credits for, training in branches of cosmetology at | 180 |
| schools of cosmetology licensed in this state; | 181 |
| (14) Establish sanitary standards for the practice of the | 182 |
| branches of cosmetology, salons, and schools of cosmetology; | 183 |
| (15) Establish the application process for obtaining a | 184 |
| tanning facility permit under section 4713.48 of the Revised Code, | 185 |
| including the amount of the fee for an initial or renewed permit; | 186 |
| (16) Establish standards for installing and operating a | 187 |
| tanning facility in a manner that ensures the health and safety of | 188 |
| consumers, including standards that do all of the following: | 189 |
| (a) Establish a maximum safe time of exposure to radiation | 190 |
| and a maximum safe temperature at which sun lamps may be operated; | 191 |
| (b) Require consumers to wear protective eyeglasses | 192 |
| (c) Require consumers to be supervised as to the length of | 193 |
|
time consumers use the | 194 |
| | 195 |
| standing too close to sun lamps and to post signs warning | 196 |
| consumers of the potential effects of radiation on persons taking | 197 |
| certain medications and of the possible relationship of the | 198 |
| radiation to skin cancer; | 199 |
| | 200 |
| sun lamps and handrails for consumers; | 201 |
| | 202 |
| lamps; | 203 |
| | 204 |
| 205 | |
| 206 | |
| operator to make reasonable efforts to determine whether a | 207 |
| consumer seeking sun lamp tanning services is eighteen years of | 208 |
| age or older, for the purpose of complying with section 4713.50 of | 209 |
| the Revised Code. | 210 |
| (17)(a) If the board, under section 4713.61 of the Revised | 211 |
| Code, develops a procedure for classifying licenses inactive, do | 212 |
| both of the following: | 213 |
| (i) Establish a fee for having a license classified inactive | 214 |
| that reflects the cost to the board of providing the inactive | 215 |
| license service; | 216 |
| (ii) Specify the continuing education that a person whose | 217 |
| license has been classified inactive must complete to have the | 218 |
| license restored. The continuing education shall be sufficient to | 219 |
| ensure the minimum competency in the use or administration of a | 220 |
| new procedure or product required by a licensee necessary to | 221 |
| protect public health and safety. The requirement shall not exceed | 222 |
| the cumulative number of hours of continuing education that the | 223 |
| person would have been required to complete had the person | 224 |
| retained an active license. | 225 |
| (b) In addition, the board may specify the conditions and | 226 |
| method for granting a temporary work permit to practice a branch | 227 |
| of cosmetology to a person whose license has been classified | 228 |
| inactive. | 229 |
| (18) Establish a fee for approval of a continuing education | 230 |
| program under section 4713.62 of the Revised Code that is adequate | 231 |
| to cover any expense the board incurs in the approval process; | 232 |
| (19) Anything else necessary to implement this chapter. | 233 |
| (B)(1) The rules adopted under division (A)(2) of this | 234 |
| section may establish additional conditions for a temporary | 235 |
| pre-examination work permit under section 4713.22 of the Revised | 236 |
| Code that are applicable to persons who practice a branch of | 237 |
| cosmetology in another state or country. | 238 |
| (2) The rules adopted under division (A)(17)(b) of this | 239 |
| section may establish additional conditions for a temporary work | 240 |
| permit that are applicable to persons who practice a branch of | 241 |
| cosmetology in another state. | 242 |
| (C) The conditions specified in rules adopted under division | 243 |
| (A)(6) of this section may include that an applicant is applying | 244 |
| for a license to practice a branch of cosmetology for which the | 245 |
| board determines an examination is unnecessary. | 246 |
| (D) The rules adopted under division (A)(11) of this section | 247 |
| shall not include a profession if practice of the profession in a | 248 |
| salon is a violation of a statute or rule governing the | 249 |
| profession. | 250 |
| (E) The sanitary standards established under division (A)(14) | 251 |
| of this section shall focus in particular on precautions to be | 252 |
| employed to prevent infectious or contagious diseases being | 253 |
| created or spread. The board shall consult with the Ohio | 254 |
| department of health when establishing the sanitary standards. | 255 |
| (F) The fee established by rules adopted under division | 256 |
| (A)(15) of this section shall cover the cost the board incurs in | 257 |
| inspecting tanning facilities and enforcing the board's rules but | 258 |
| may not exceed one hundred dollars per location of such | 259 |
| facilities. | 260 |
| Sec. 4713.50. An operator or employee of a tanning facility | 261 |
| shall not allow an individual who is under eighteen years of age | 262 |
| to use the fluorescent sun lamp tanning services of the facility | 263 |
| unless the individual presents a prescription for ultraviolet | 264 |
| radiation treatment issued by a physician authorized under Chapter | 265 |
| 4731. of the Revised Code to practice medicine and surgery or | 266 |
| osteopathic medicine and surgery. | 267 |
| Section 2. That existing sections 4713.01 and 4713.08 of the | 268 |
| Revised Code are hereby repealed. | 269 |
| Section 3. When adopting rules required by division | 270 |
| (A)(16)(g) of section 4713.08 of the Revised Code, and for | 271 |
| purposes of implementing and enforcing section 4713.50 of the | 272 |
| Revised Code, the State Board of Cosmetology shall consult with | 273 |
| the Department of Health. | 274 |