As Reported by the Senate Commerce and Labor 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 3702.40, 4713.50, and 4713.51 of

2

the Revised Code regarding the use and regulation

3

of tanning facilities and to require a mammography

4

facility to include certain information in the

5

mammography report summary sent to a patient under

6

federal law if the patient's mammogram

7

demonstrates the presence of dense breast tissue.

8

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

Section 1. That sections 4713.01, 4713.08, and 4713.64 be	9
amended and sections 3702.40, 4713.50, and 4713.51 of the Revised	10
Code be enacted to read as follows:	11

Sec. 3702.40.  (A) As used in this section, "mammogram" and	12
"facility" have the same meanings as in section 263b(a) of the	13
"Mammography Quality Standards Act of 1992," 106 Stat. 3547	14
(1992), 42 U.S.C. 263b(a), as amended.	15

(B) As required by 21 C.F.R. 900.12(c)(2), a facility shall	16
send to each patient who has a mammogram at the facility a summary	17
of the written report containing the results of the patient's	18
mammogram. If, based on the breast imaging reporting and data	19
system established by the American college of radiology, the	20
patient's mammogram demonstrates that the patient has dense breast	21
tissue, the summary shall include the following statement:	22

"Your mammogram demonstrates that you have dense breast	23
tissue, which could hide abnormalities. Dense breast tissue, in	24
and of itself, is a relatively common condition. Therefore, this	25
information is not provided to cause undue concern; rather, it is	26
to raise your awareness and promote discussion with your health	27
care provider regarding the presence of dense breast tissue in	28
addition to other risk factors."	29

As required by 21 C.F.R. 900.12(c)(3), the facility shall	30
send to the patient's health care provider, if known, a copy of	31
the written report containing the results of the patient's	32
mammogram not later than thirty days after the mammogram was	33
performed.	34

(C) This section does not do either of the following:

35

(1) Create a new cause of action or substantive legal right	36
against a person, facility, or other entity.	37

(2) Create a standard of care, obligation, or duty for a	38
person, facility, or other entity that would provide the basis for	39
a cause of action or substantive legal right, other than the duty	40
to send the summary and written report described in division (B)	41
of this section.	42

Sec. 4713.01.  As used in this chapter:

43

"Apprentice instructor" means a person holding a practicing	44
license issued by the state board of cosmetology who is engaged in	45
learning or acquiring knowledge of the occupation of an instructor	46
of a branch of cosmetology at a school of cosmetology.	47

"Beauty salon" means any premises, building, or part of a	48
building in which a person is authorized to engage in all branches	49
of cosmetology. "Beauty salon" does not include a barber shop	50
licensed under Chapter 4709. of the Revised Code in which a person	51
engages in the practice of manicuring.	52

"Biennial licensing period" means the two-year period	53
beginning on the first day of February of an odd-numbered year and	54
ending on the last day of January of the next odd-numbered year.	55

"Braiding" means intertwining the hair in a systematic motion	56
to create patterns in a three-dimensional form, inverting the hair	57
against the scalp along part of a straight or curved row of	58
intertwined hair, or twisting the hair in a systematic motion, and	59
includes extending the hair with natural or synthetic hair fibers.	60

"Branch of cosmetology" means the practice of cosmetology,	61
practice of esthetics, practice of hair design, practice of	62
manicuring, or practice of natural hair styling.	63

"Cosmetic therapy" has the same meaning as in section 4731.15	64
of the Revised Code.	65

"Cosmetologist" means a person authorized to engage in all	66
branches of cosmetology.	67

"Cosmetology instructor" means a person authorized to teach	68
the theory and practice of all branches of cosmetology at a school	69
of cosmetology.	70

"Esthetician" means a person who engages in the practice of	71
esthetics but no other branch of cosmetology.	72

"Esthetics instructor" means a person who teaches the theory	73
and practice of esthetics, but no other branch of cosmetology, at	74
a school of cosmetology.	75

"Esthetics salon" means any premises, building, or part of a	76
building in which a person engages in the practice of esthetics	77
but no other branch of cosmetology.	78

"Hair designer" means a person who engages in the practice of	79
hair design but no other branch of cosmetology.	80

"Hair design instructor" means a person who teaches the	81
theory and practice of hair design, but no other branch of	82
cosmetology, at a school of cosmetology.	83

"Hair design salon" means any premises, building, or part of	84
a building in which a person engages in the practice of hair	85
design but no other branch of cosmetology.	86

"Independent contractor license" means a license to practice	87
a branch of cosmetology at a salon in which the license holder	88
rents booth space.	89

"Instructor license" means a license to teach the theory and	90
practice of a branch of cosmetology at a school of cosmetology.	91

"Managing cosmetologist" means a person authorized to manage	92
a beauty salon and engage in all branches of cosmetology.	93

"Managing esthetician" means a person authorized to manage an	94
esthetics salon, but no other type of salon, and engage in the	95
practice of esthetics, but no other branch of cosmetology.	96

"Managing hair designer" means a person authorized to manage	97
a hair design salon, but no other type of salon, and engage in the	98
practice of hair design, but no other branch of cosmetology.	99

"Managing license" means a license to manage a salon and	100
practice the branch of cosmetology practiced at the salon.	101

"Managing manicurist" means a person authorized to manage a	102
nail salon, but no other type of salon, and engage in the practice	103
of manicuring, but no other branch of cosmetology.	104

"Managing natural hair stylist" means a person authorized to	105
manage a natural hair style salon, but no other type of salon, and	106
engage in the practice of natural hair styling, but no other	107
branch of cosmetology.	108

"Manicurist" means a person who engages in the practice of	109
manicuring but no other branch of cosmetology.	110

"Manicurist instructor" means a person who teaches the theory	111
and practice of manicuring, but no other branch of cosmetology, at	112
a school of cosmetology.	113

"Nail salon" means any premises, building, or part of a	114
building in which a person engages in the practice of manicuring	115
but no other branch of cosmetology. "Nail salon" does not include	116
a barber shop licensed under Chapter 4709. of the Revised Code in	117
which a person engages in the practice of manicuring.	118

"Natural hair stylist" means a person who engages in the	119
practice of natural hair styling but no other branch of	120
cosmetology.	121

"Natural hair style instructor" means a person who teaches	122
the theory and practice of natural hair styling, but no other	123
branch of cosmetology, at a school of cosmetology.	124

"Natural hair style salon" means any premises, building, or	125
part of a building in which a person engages in the practice of	126
natural hair styling but no other branch of cosmetology.	127

"Practice of cosmetology" means the practice of all branches	128
of cosmetology.	129

"Practice of esthetics" means the application of cosmetics,	130
tonics, antiseptics, creams, lotions, or other preparations for	131
the purpose of skin beautification and includes preparation of the	132
skin by manual massage techniques or by use of electrical,	133
mechanical, or other apparatus.	134

"Practice of hair design" means embellishing or beautifying	135
hair, wigs, or hairpieces by arranging, dressing, pressing,	136
curling, waving, permanent waving, cleansing, cutting, singeing,	137
bleaching, coloring, braiding, weaving, or similar work. "Practice	138
of hair design" includes utilizing techniques performed by hand	139
that result in tension on hair roots such as twisting, wrapping,	140
weaving, extending, locking, or braiding of the hair.	141

"Practice of manicuring" means manicuring the nails of any	142
person, applying artificial or sculptured nails to any person,	143
massaging the hands and lower arms up to the elbow of any person,	144
massaging the feet and lower legs up to the knee of any person, or	145
any combination of these four types of services.	146

"Practice of natural hair styling" means utilizing techniques	147
performed by hand that result in tension on hair roots such as	148
twisting, wrapping, weaving, extending, locking, or braiding of	149
the hair. "Practice of natural hair styling" does not include the	150
application of dyes, reactive chemicals, or other preparations to	151
alter the color or to straighten, curl, or alter the structure of	152
the hair. "Practice of natural hair styling" also does not include	153
embellishing or beautifying hair by cutting or singeing, except as	154
needed to finish off the end of a braid, or by dressing, pressing,	155
curling, waving, permanent waving, or similar work.	156

"Practicing license" means a license to practice a branch of	157
cosmetology.	158

"Salon" means a beauty salon, esthetics salon, hair design	159
salon, nail salon, or natural hair style salon.	160

"School of cosmetology" means any premises, building, or part	161
of a building in which students are instructed in the theories and	162
practices of one or more branches of cosmetology.	163

"Student" means a person, other than an apprentice	164
instructor, who is engaged in learning or acquiring knowledge of	165
the practice of a branch of cosmetology at a school of	166
cosmetology.	167

"Tanning facility" means a room or booth that houses	168
equipmentany premises, building, or part of a building that	169
contains one or more rooms or booths with any of the following:	170

(A) Equipment or beds used for tanning human skin by the use	171
of fluorescent sun lamps using ultraviolet or other artificial	172
radiation;	173

(B) Equipment that applies chemicals to human skin to create	174
the appearance of being suntanned, including chemical applications	175
commonly referred to as spray-on, mist-on, or sunless tans;	176

(C) Equipment or beds that use visible light for cosmetic	177
purposes.	178

Sec. 4713.08. (A) The state board of cosmetology shall adopt	179
rules in accordance with Chapter 119. of the Revised Code as	180
necessary to implement this chapter. The rules shall do all of the	181
following:	182

(1) Govern the practice of the branches of cosmetology and	183
management of salons;	184

(2) Specify conditions a person must satisfy to qualify for a	185
temporary pre-examination work permit under section 4713.22 of the	186
Revised Code and the conditions and method of renewing a temporary	187
pre-examination work permit under that section;	188

(3) Provide for the conduct of examinations under section	189
4713.24 of the Revised Code;	190

(4) Specify conditions under which the board will take into	191
account, under section 4713.32 of the Revised Code, instruction an	192
applicant for a license under section 4713.28, 4713.30, or 4713.31	193
of the Revised Code received more than five years before the date	194
of application for the license;	195

(5) Provide for the granting of waivers under section 4713.29	196
of the Revised Code;	197

(6) Specify conditions an applicant must satisfy for the	198
board to issue the applicant a license under section 4713.34 of	199
the Revised Code without the applicant taking an examination	200
conducted under section 4713.24 of the Revised Code;	201

(7) Specify locations in which glamour photography services	202
in which a branch of cosmetology is practiced may be provided;	203

(8) Establish conditions and the fee for a temporary special	204
occasion work permit under section 4713.37 of the Revised Code and	205
specify the amount of time such a permit is valid;	206

(9) Specify conditions an applicant must satisfy for the	207
board to issue the applicant an independent contractor license	208
under section 4713.39 of the Revised Code and the fee for issuance	209
and renewal of the license;	210

(10) Establish conditions under which food may be sold at a	211
salon;	212

(11) Specify which professions regulated by a professional	213
regulatory board of this state may be practiced in a salon under	214
section 4713.42 of the Revised Code;	215

(12) Establish standards for the provision of cosmetic	216
therapy, massage therapy, or other professional service in a salon	217
pursuant to section 4713.42 of the Revised Code;	218

(13) Establish standards for board approval of, and the	219
granting of credits for, training in branches of cosmetology at	220
schools of cosmetology licensed in this state;	221

(14) Establish the manner in which a school of cosmetology	222
licensed under section 4713.44 of the Revised Code may offer	223
post-secondary and advanced practice programs;	224

(15) Establish sanitary standards for the practice of the	225
branches of cosmetology, salons, and schools of cosmetology;	226

(16) Establish the application process for obtaining a	227
tanning facility permit under section 4713.48 of the Revised Code,	228
including the amount of the fee for an initial or renewed permit;	229

(17) Establish standards for installing and operating a	230
tanning facility in a manner that ensures the health and safety of	231
consumers, including standards that do all of the following:	232

(a) Establish a maximum safe time of exposure to radiation	233
and a maximum safe temperature at which sun lamps may be operated;	234

(b) Require consumers to wear protective eyeglasses and;

235

(c) Require consumers to be supervised as to the length of	236
time consumers use the facilityfacility's sun lamps;	237

(c)(d) Require the operator to prohibit consumers from	238
standing too close to sun lamps and to post signs warning	239
consumers of the potential effects of radiation on persons taking	240
certain medications and of the possible relationship of the	241
radiation to skin cancer;	242

(d)(e) Require the installation of protective shielding for	243
sun lamps and handrails for consumers;	244

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

245

(f) Require a consumer who is under the age of eighteen to	246
obtain written consent from the consumer's parent or legal	247
guardian prior to receiving tanning services(g) Establish	248
procedures an operator must follow in making reasonable efforts in	249
compliance with section 4713.50 of the Revised Code to determine	250
the age of an individual seeking to use sun lamp tanning services.	251

(18)(a) If the board, under section 4713.61 of the Revised	252
Code, develops a procedure for classifying licenses inactive, do	253
both of the following:	254

(i) Establish a fee for having a license classified inactive	255
that reflects the cost to the board of providing the inactive	256
license service;	257

(ii) Specify the continuing education that a person whose	258
license has been classified inactive must complete to have the	259
license restored. The continuing education shall be sufficient to	260
ensure the minimum competency in the use or administration of a	261
new procedure or product required by a licensee necessary to	262
protect public health and safety. The requirement shall not exceed	263
the cumulative number of hours of continuing education that the	264
person would have been required to complete had the person	265
retained an active license.	266

(b) In addition, the board may specify the conditions and	267
method for granting a temporary work permit to practice a branch	268
of cosmetology to a person whose license has been classified	269
inactive.	270

(19) Establish a fee for approval of a continuing education	271
program under section 4713.62 of the Revised Code that is adequate	272
to cover any expense the board incurs in the approval process;	273

(20) Anything else necessary to implement this chapter.

274

(B)(1) The rules adopted under division (A)(2) of this	275
section may establish additional conditions for a temporary	276
pre-examination work permit under section 4713.22 of the Revised	277
Code that are applicable to persons who practice a branch of	278
cosmetology in another state or country.	279

(2) The rules adopted under division (A)(18)(b) of this	280
section may establish additional conditions for a temporary work	281
permit that are applicable to persons who practice a branch of	282
cosmetology in another state.	283

(C) The conditions specified in rules adopted under division	284
(A)(6) of this section may include that an applicant is applying	285
for a license to practice a branch of cosmetology for which the	286
board determines an examination is unnecessary.	287

(D) The rules adopted under division (A)(11) of this section	288
shall not include a profession if practice of the profession in a	289
salon is a violation of a statute or rule governing the	290
profession.	291

(E) The sanitary standards established under division (A)(15)	292
of this section shall focus in particular on precautions to be	293
employed to prevent infectious or contagious diseases being	294
created or spread. The board shall consult with the Ohio	295
department of health when establishing the sanitary standards.	296

(F) The fee established by rules adopted under division	297
(A)(16) of this section shall cover the cost the board incurs in	298
inspecting tanning facilities and enforcing the board's rules but	299
may not exceed one hundred dollars per location of such	300
facilities.	301

Sec. 4713.50. (A) A tanning facility operator or employee	302
shall make reasonable efforts, in accordance with procedures	303
established under section 4713.08 of the Revised Code, to	304
determine whether an individual seeking to use the facility's sun	305
lamp tanning services is less than sixteen years of age, at least	306
sixteen but less than eighteen years of age, or eighteen years of	307
age or older.	308

(B)(1) A tanning facility operator or employee shall not	309
allow an individual who is eighteen years of age or older to use	310
the facility's sun lamp tanning services without first obtaining	311
the consent of the individual. The consent shall be evidenced by	312
the individual's signature on the form developed by the state	313
board of cosmetology under section 4713.51 of the Revised Code.	314
The consent is valid indefinitely.	315

(2) A tanning facility operator or employee shall not allow	316
an individual who is at least sixteen but less than eighteen years	317
of age to use the facility's sun lamp tanning services without	318
first obtaining the consent of a parent or legal guardian of the	319
individual. The consent shall be evidenced by the signature of the	320
parent or legal guardian on the form developed by the board under	321
section 4713.51 of the Revised Code. The form must be signed in	322
the presence of the operator or an employee of the tanning	323
facility. The consent is valid for ninety days from the date the	324
form is signed. A tanning facility operator or employee shall not	325
allow an individual who is at least sixteen but less than eighteen	326
years of age to use the facility's sun lamp tanning services for	327
more than forty-five sessions during the ninety-day period covered	328
by the consent. No such session may be longer than the maximum	329
safe time of exposure specified in rules adopted under division	330
(A)(17) of section 4713.08 of the Revised Code.	331

(3) A tanning facility operator or employee shall not allow	332
an individual who is less than sixteen years of age to use the	333
facility's sun lamp tanning services unless both of the following	334
apply:	335

(a) The tanning facility operator or employee obtains the	336
consent of a parent or legal guardian of the individual prior to	337
each session of the use of the facility's sun lamp tanning	338
services. The consent shall be evidenced by the signature of the	339
parent or legal guardian on the form developed by the board under	340
section 4713.51 of the Revised Code. The form must be signed in	341
the presence of the operator or an employee of the tanning	342
facility.	343

(b) A parent or legal guardian of the individual is present	344
at the tanning facility for the duration of each session of the	345
use of the facility's sun lamp tanning services.	346

(C) For purposes of division (B) of this section, an	347
electronic signature may be used to provide and may be accepted as	348
a signature evidencing consent.	349

Sec. 4713.51. The state board of cosmetology shall develop a	350
form for use by tanning facility operators and employees in	351
complying with the consent requirements of division (B) of section	352
4713.50 of the Revised Code. The form must describe the potential	353
health effects of radiation from sun lamps, including a	354
description of the possible relationship of the radiation to skin	355
cancer. In developing the form, the board shall consult with the	356
department of health, dermatologists, and tanning facility	357
operators. The board shall make the form available on the internet	358
web site maintained by the board.	359

Sec. 4713.64. (A) The state board of cosmetology may take	360
disciplinary action for any of the following:	361

(1) Failure to comply with the requirements of this chapter	362
or rules adopted under it;	363

(2) Continued practice by a person knowingly having an	364
infectious or contagious disease;	365

(3) Habitual drunkenness or addiction to any habit-forming	366
drug;	367

(4) Willful false and fraudulent or deceptive advertising;

368

(5) Falsification of any record or application required to be	369
filed with the board;	370

(6) Failure to pay a fine or abide by a suspension order	371
issued by the board.	372

(B) On determining that there is cause for disciplinary	373
action, the board may do one or more of the following:	374

(1) Deny, revoke, or suspend a license or permit issued by	375
the board;	376

(2) Impose a fine;

377

(3) Require the holder of a license or permit to take	378
corrective action courses.	379

(C) The amount and content of corrective action courses and	380
other relevant criteria shall be established by the board in rules	381
adopted under section 4713.08 of the Revised Code.	382

(D) The board may impose a separate fine for each offense	383
listed in division (A) of this section. The amount of a fine shall	384
be not more than five hundred dollars if the violator has not	385
previously been fined for that offense. The fine shall be not more	386
than one thousand dollars if the violator has been fined for the	387
same offense once before. The fine shall be not more than one	388
thousand five hundred dollars if the violator has been fined for	389
the same offense two or more times before.	390

In the case of an offense of failure to comply with division	391
(A) or (B)(2) or (3) of section 4713.50 of the Revised Code, the	392
board shall impose a fine of five hundred dollars if the violator	393
has not previously been fined for that offense. If the violator	394
has previously been fined for the offense, the board may impose a	395
fine in accordance with this division or take another action in	396
accordance with division (B) of this section.	397

(E) If a person fails to request a hearing within thirty days	398
of the date the board, in accordance with section 119.07 of the	399
Revised Code, notifies the person of the board's intent to act	400
against the person under division (A) of this section, the board	401
by a majority vote of a quorum of the board members may take the	402
action against the person without holding an adjudication hearing.	403

(F) The board, after a hearing in accordance with Chapter	404
119. of the Revised Code, may suspend a tanning facility permit if	405
the owner or operator fails to correct an unsafe condition that	406
exists in violation of the board's rules or fails to cooperate in	407
an inspection of the tanning facility. If a violation has resulted	408
in a condition reasonably believed by an inspector to create an	409
immediate danger to the health and safety of any person using the	410
tanning facility, the inspector may suspend the permit without a	411
prior hearing until the condition is corrected or until a hearing	412
in accordance with Chapter 119. of the Revised Code is held and	413
the board either upholds the suspension or reinstates the permit.	414

Section 2. That existing sections 4713.01, 4713.08, and	415
4713.64 of the Revised Code are hereby repealed.	416

Section 3. Sections 1 and 2 of this act take effect three	417
months after the effective date of this act.	418