As Re-reported by the Senate Rules Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 131

Representatives Johnson, Stinziano 

Cosponsors: Representatives Antonio, Beck, Boyd, Dovilla, Driehaus, Duffey, Fedor, Grossman, Hagan, C., Hagan, R., Letson, Ramos, Ruhl, Slaby, Stebelton, Wachtmann, Bishoff, Anielski, Baker, Butler, Carney, Kunze, Mallory, Milkovich, O'Brien, Rogers, Sprague, Terhar 

Senator Kearney 

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A BILL

To amend sections 4713.01, 4713.08, and 4713.64 and

1

to enact sections 4713.50 and 4713.51 of the

2

Revised Code regarding the use and regulation of

3

tanning facilities.

4

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

Section 1. That sections 4713.01, 4713.08, and 4713.64 be	5
amended and sections 4713.50 and 4713.51 of the Revised Code be	6
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
equipmentany premises, building, or part of a building that	134
contains one or more rooms or booths with any of the following:	135

(A) Equipment or beds used for tanning human skin by the use	136
of fluorescent sun lamps using ultraviolet or other artificial	137
radiation;	138

(B) Equipment that applies chemicals to human skin to create	139
the appearance of being suntanned, including chemical applications	140
commonly referred to as spray-on, mist-on, or sunless tans;	141

(C) Equipment or beds that use visible light for cosmetic	142
purposes.	143

Sec. 4713.08. (A) The state board of cosmetology shall adopt	144
rules in accordance with Chapter 119. of the Revised Code as	145
necessary to implement this chapter. The rules shall do all of the	146
following:	147

(1) Govern the practice of the branches of cosmetology and	148
management of salons;	149

(2) Specify conditions a person must satisfy to qualify for a	150
temporary pre-examination work permit under section 4713.22 of the	151
Revised Code and the conditions and method of renewing a temporary	152
pre-examination work permit under that section;	153

(3) Provide for the conduct of examinations under section	154
4713.24 of the Revised Code;	155

(4) Specify conditions under which the board will take into	156
account, under section 4713.32 of the Revised Code, instruction an	157
applicant for a license under section 4713.28, 4713.30, or 4713.31	158
of the Revised Code received more than five years before the date	159
of application for the license;	160

(5) Provide for the granting of waivers under section 4713.29	161
of the Revised Code;	162

(6) Specify conditions an applicant must satisfy for the	163
board to issue the applicant a license under section 4713.34 of	164
the Revised Code without the applicant taking an examination	165
conducted under section 4713.24 of the Revised Code;	166

(7) Specify locations in which glamour photography services	167
in which a branch of cosmetology is practiced may be provided;	168

(8) Establish conditions and the fee for a temporary special	169
occasion work permit under section 4713.37 of the Revised Code and	170
specify the amount of time such a permit is valid;	171

(9) Specify conditions an applicant must satisfy for the	172
board to issue the applicant an independent contractor license	173
under section 4713.39 of the Revised Code and the fee for issuance	174
and renewal of the license;	175

(10) Establish conditions under which food may be sold at a	176
salon;	177

(11) Specify which professions regulated by a professional	178
regulatory board of this state may be practiced in a salon under	179
section 4713.42 of the Revised Code;	180

(12) Establish standards for the provision of cosmetic	181
therapy, massage therapy, or other professional service in a salon	182
pursuant to section 4713.42 of the Revised Code;	183

(13) Establish standards for board approval of, and the	184
granting of credits for, training in branches of cosmetology at	185
schools of cosmetology licensed in this state;	186

(14) Establish the manner in which a school of cosmetology	187
licensed under section 4713.44 of the Revised Code may offer	188
post-secondary and advanced practice programs;	189

(15) Establish sanitary standards for the practice of the	190
branches of cosmetology, salons, and schools of cosmetology;	191

(16) Establish the application process for obtaining a	192
tanning facility permit under section 4713.48 of the Revised Code,	193
including the amount of the fee for an initial or renewed permit;	194

(17) Establish standards for installing and operating a	195
tanning facility in a manner that ensures the health and safety of	196
consumers, including standards that do all of the following:	197

(a) Establish a maximum safe time of exposure to radiation	198
and a maximum safe temperature at which sun lamps may be operated;	199

(b) Require consumers to wear protective eyeglasses and;

200

(c) Require consumers to be supervised as to the length of	201
time consumers use the facilityfacility's sun lamps;	202

(c)(d) Require the operator to prohibit consumers from	203
standing too close to sun lamps and to post signs warning	204
consumers of the potential effects of radiation on persons taking	205
certain medications and of the possible relationship of the	206
radiation to skin cancer;	207

(d)(e) Require the installation of protective shielding for	208
sun lamps and handrails for consumers;	209

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

210

(f) Require a consumer who is under the age of eighteen to	211
obtain written consent from the consumer's parent or legal	212
guardian prior to receiving tanning services(g) Establish	213
procedures an operator must follow in making reasonable efforts in	214
compliance with section 4713.50 of the Revised Code to determine	215
the age of an individual seeking to use sun lamp tanning services.	216

(18)(a) If the board, under section 4713.61 of the Revised	217
Code, develops a procedure for classifying licenses inactive, do	218
both of the following:	219

(i) Establish a fee for having a license classified inactive	220
that reflects the cost to the board of providing the inactive	221
license service;	222

(ii) Specify the continuing education that a person whose	223
license has been classified inactive must complete to have the	224
license restored. The continuing education shall be sufficient to	225
ensure the minimum competency in the use or administration of a	226
new procedure or product required by a licensee necessary to	227
protect public health and safety. The requirement shall not exceed	228
the cumulative number of hours of continuing education that the	229
person would have been required to complete had the person	230
retained an active license.	231

(b) In addition, the board may specify the conditions and	232
method for granting a temporary work permit to practice a branch	233
of cosmetology to a person whose license has been classified	234
inactive.	235

(19) Establish a fee for approval of a continuing education	236
program under section 4713.62 of the Revised Code that is adequate	237
to cover any expense the board incurs in the approval process;	238

(20) Anything else necessary to implement this chapter.

239

(B)(1) The rules adopted under division (A)(2) of this	240
section may establish additional conditions for a temporary	241
pre-examination work permit under section 4713.22 of the Revised	242
Code that are applicable to persons who practice a branch of	243
cosmetology in another state or country.	244

(2) The rules adopted under division (A)(18)(b) of this	245
section may establish additional conditions for a temporary work	246
permit that are applicable to persons who practice a branch of	247
cosmetology in another state.	248

(C) The conditions specified in rules adopted under division	249
(A)(6) of this section may include that an applicant is applying	250
for a license to practice a branch of cosmetology for which the	251
board determines an examination is unnecessary.	252

(D) The rules adopted under division (A)(11) of this section	253
shall not include a profession if practice of the profession in a	254
salon is a violation of a statute or rule governing the	255
profession.	256

(E) The sanitary standards established under division (A)(15)	257
of this section shall focus in particular on precautions to be	258
employed to prevent infectious or contagious diseases being	259
created or spread. The board shall consult with the Ohio	260
department of health when establishing the sanitary standards.	261

(F) The fee established by rules adopted under division	262
(A)(16) of this section shall cover the cost the board incurs in	263
inspecting tanning facilities and enforcing the board's rules but	264
may not exceed one hundred dollars per location of such	265
facilities.	266

Sec. 4713.50. (A) A tanning facility operator or employee	267
shall make reasonable efforts, in accordance with procedures	268
established under section 4713.08 of the Revised Code, to	269
determine whether an individual seeking to use the facility's sun	270
lamp tanning services is less than sixteen years of age, at least	271
sixteen but less than eighteen years of age, or eighteen years of	272
age or older.	273

(B)(1) A tanning facility operator or employee shall not	274
allow an individual who is eighteen years of age or older to use	275
the facility's sun lamp tanning services without first obtaining	276
the consent of the individual. The consent shall be evidenced by	277
the individual's signature on the form developed by the state	278
board of cosmetology under section 4713.51 of the Revised Code.	279
The consent is valid indefinitely.	280

(2) A tanning facility operator or employee shall not allow	281
an individual who is at least sixteen but less than eighteen years	282
of age to use the facility's sun lamp tanning services without	283
first obtaining the consent of a parent or legal guardian of the	284
individual. The consent shall be evidenced by the signature of the	285
parent or legal guardian on the form developed by the board under	286
section 4713.51 of the Revised Code. The form must be signed in	287
the presence of the operator or an employee of the tanning	288
facility. The consent is valid for ninety days from the date the	289
form is signed. A tanning facility operator or employee shall not	290
allow an individual who is at least sixteen but less than eighteen	291
years of age to use the facility's sun lamp tanning services for	292
more than forty-five sessions during the ninety-day period covered	293
by the consent. No such session may be longer than the maximum	294
safe time of exposure specified in rules adopted under division	295
(A)(17) of section 4713.08 of the Revised Code.	296

(3) A tanning facility operator or employee shall not allow	297
an individual who is less than sixteen years of age to use the	298
facility's sun lamp tanning services unless both of the following	299
apply:	300

(a) The tanning facility operator or employee obtains the	301
consent of a parent or legal guardian of the individual prior to	302
each session of the use of the facility's sun lamp tanning	303
services. The consent shall be evidenced by the signature of the	304
parent or legal guardian on the form developed by the board under	305
section 4713.51 of the Revised Code. The form must be signed in	306
the presence of the operator or an employee of the tanning	307
facility.	308

(b) A parent or legal guardian of the individual is present	309
at the tanning facility for the duration of each session of the	310
use of the facility's sun lamp tanning services.	311

(C) For purposes of division (B) of this section, an	312
electronic signature may be used to provide and may be accepted as	313
a signature evidencing consent.	314

Sec. 4713.51. The state board of cosmetology shall develop a	315
form for use by tanning facility operators and employees in	316
complying with the consent requirements of division (B) of section	317
4713.50 of the Revised Code. The form must describe the potential	318
health effects of radiation from sun lamps, including a	319
description of the possible relationship of the radiation to skin	320
cancer. In developing the form, the board shall consult with the	321
department of health, dermatologists, and tanning facility	322
operators. The board shall make the form available on the internet	323
web site maintained by the board.	324

Sec. 4713.64. (A) The state board of cosmetology may take	325
disciplinary action for any of the following:	326

(1) Failure to comply with the requirements of this chapter	327
or rules adopted under it;	328

(2) Continued practice by a person knowingly having an	329
infectious or contagious disease;	330

(3) Habitual drunkenness or addiction to any habit-forming	331
drug;	332

(4) Willful false and fraudulent or deceptive advertising;

333

(5) Falsification of any record or application required to be	334
filed with the board;	335

(6) Failure to pay a fine or abide by a suspension order	336
issued by the board.	337

(B) On determining that there is cause for disciplinary	338
action, the board may do one or more of the following:	339

(1) Deny, revoke, or suspend a license or permit issued by	340
the board;	341

(2) Impose a fine;

342

(3) Require the holder of a license or permit to take	343
corrective action courses.	344

(C) The amount and content of corrective action courses and	345
other relevant criteria shall be established by the board in rules	346
adopted under section 4713.08 of the Revised Code.	347

(D) The board may impose a separate fine for each offense	348
listed in division (A) of this section. The amount of a fine shall	349
be not more than five hundred dollars if the violator has not	350
previously been fined for that offense. The fine shall be not more	351
than one thousand dollars if the violator has been fined for the	352
same offense once before. The fine shall be not more than one	353
thousand five hundred dollars if the violator has been fined for	354
the same offense two or more times before.	355

In the case of an offense of failure to comply with division	356
(A) or (B)(2) or (3) of section 4713.50 of the Revised Code, the	357
board shall impose a fine of five hundred dollars if the violator	358
has not previously been fined for that offense. If the violator	359
has previously been fined for the offense, the board may impose a	360
fine in accordance with this division or take another action in	361
accordance with division (B) of this section.	362

(E) If a person fails to request a hearing within thirty days	363
of the date the board, in accordance with section 119.07 of the	364
Revised Code, notifies the person of the board's intent to act	365
against the person under division (A) of this section, the board	366
by a majority vote of a quorum of the board members may take the	367
action against the person without holding an adjudication hearing.	368

(F) The board, after a hearing in accordance with Chapter	369
119. of the Revised Code, may suspend a tanning facility permit if	370
the owner or operator fails to correct an unsafe condition that	371
exists in violation of the board's rules or fails to cooperate in	372
an inspection of the tanning facility. If a violation has resulted	373
in a condition reasonably believed by an inspector to create an	374
immediate danger to the health and safety of any person using the	375
tanning facility, the inspector may suspend the permit without a	376
prior hearing until the condition is corrected or until a hearing	377
in accordance with Chapter 119. of the Revised Code is held and	378
the board either upholds the suspension or reinstates the permit.	379

Section 2. That existing sections 4713.01, 4713.08, and	380
4713.64 of the Revised Code are hereby repealed.	381

Section 3. Sections 1 and 2 of this act take effect three	382
months after the effective date of this act.	383