As Reported by the Senate Insurance and Financial Institutions Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 3

Representatives Sears, Kunze 

Cosponsors: Representatives Hottinger, Anielski, Brown, Hackett, Henne, Rosenberger, Sprague, Wachtmann Speaker Batchelder 

Senator Bacon 

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A BILL

To amend sections 1751.12, 3905.01, and 4713.62 and

1

to enact sections 3905.47, 3905.471, 3905.472,

2

3905.473, and 3905.474 of the Revised Code to

3

specify licensing and continuing education

4

requirements for insurance agents involved in

5

selling, soliciting, or negotiating sickness and

6

accident insurance through a health benefit

7

exchange, to make changes to copayments, cost

8

sharing, and deductibles for health insuring

9

corporations, and to make changes to the law

10

related to continuing education requirements for

11

cosmetologists.

12

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

Section 1.  That sections 1751.12, 3905.01, and 4713.62 be	13
amended and sections 3905.47, 3905.471, 3905.472, 3905.473, and	14
3905.474 of the Revised Code be enacted to read as follows:	15

Sec. 1751.12.  (A)(1) No contractual periodic prepayment and	16
no premium rate for nongroup and conversion policies for health	17
care services, or any amendment to them, may be used by any health	18
insuring corporation at any time until the contractual periodic	19
prepayment and premium rate, or amendment, have been filed with	20
the superintendent of insurance, and shall not be effective until	21
the expiration of sixty days after their filing unless the	22
superintendent sooner gives approval. The filing shall be	23
accompanied by an actuarial certification in the form prescribed	24
by the superintendent. The superintendent shall disapprove the	25
filing, if the superintendent determines within the sixty-day	26
period that the contractual periodic prepayment or premium rate,	27
or amendment, is not in accordance with sound actuarial principles	28
or is not reasonably related to the applicable coverage and	29
characteristics of the applicable class of enrollees. The	30
superintendent shall notify the health insuring corporation of the	31
disapproval, and it shall thereafter be unlawful for the health	32
insuring corporation to use the contractual periodic prepayment or	33
premium rate, or amendment.	34

(2) No contractual periodic prepayment for group policies for	35
health care services shall be used until the contractual periodic	36
prepayment has been filed with the superintendent. The filing	37
shall be accompanied by an actuarial certification in the form	38
prescribed by the superintendent. The superintendent may reject a	39
filing made under division (A)(2) of this section at any time,	40
with at least thirty days' written notice to a health insuring	41
corporation, if the contractual periodic prepayment is not in	42
accordance with sound actuarial principles or is not reasonably	43
related to the applicable coverage and characteristics of the	44
applicable class of enrollees.	45

(3) At any time, the superintendent, upon at least thirty	46
days' written notice to a health insuring corporation, may	47
withdraw the approval given under division (A)(1) of this section,	48
deemed or actual, of any contractual periodic prepayment or	49
premium rate, or amendment, based on information that either of	50
the following applies:	51

(a) The contractual periodic prepayment or premium rate, or	52
amendment, is not in accordance with sound actuarial principles.	53

(b) The contractual periodic prepayment or premium rate, or	54
amendment, is not reasonably related to the applicable coverage	55
and characteristics of the applicable class of enrollees.	56

(4) Any disapproval under division (A)(1) of this section,	57
any rejection of a filing made under division (A)(2) of this	58
section, or any withdrawal of approval under division (A)(3) of	59
this section, shall be effected by a written notice, which shall	60
state the specific basis for the disapproval, rejection, or	61
withdrawal and shall be issued in accordance with Chapter 119. of	62
the Revised Code.	63

(B) Notwithstanding division (A) of this section, a health	64
insuring corporation may use a contractual periodic prepayment or	65
premium rate for policies used for the coverage of beneficiaries	66
enrolled in medicare pursuant to a medicare risk contract or	67
medicare cost contract, or for policies used for the coverage of	68
beneficiaries enrolled in the federal employees health benefits	69
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	70
coverage of medicaid recipients, or for policies used for the	71
coverage of beneficiaries under any other federal health care	72
program regulated by a federal regulatory body, or for policies	73
used for the coverage of beneficiaries under any contract covering	74
officers or employees of the state that has been entered into by	75
the department of administrative services, if both of the	76
following apply:	77

(1) The contractual periodic prepayment or premium rate has	78
been approved by the United States department of health and human	79
services, the United States office of personnel management, the	80
department of job and family services, or the department of	81
administrative services.	82

(2) The contractual periodic prepayment or premium rate is	83
filed with the superintendent prior to use and is accompanied by	84
documentation of approval from the United States department of	85
health and human services, the United States office of personnel	86
management, the department of job and family services, or the	87
department of administrative services.	88

(C) The administrative expense portion of all contractual	89
periodic prepayment or premium rate filings submitted to the	90
superintendent for review must reflect the actual cost of	91
administering the product. The superintendent may require that the	92
administrative expense portion of the filings be itemized and	93
supported.	94

(D)(1) Copayments, cost sharing, and deductibles must be	95
reasonable and must not be a barrier to the necessary utilization	96
of services by enrollees.	97

(2) A health insuring corporation, in order to ensure that	98
copayments, cost sharing, and deductibles are reasonable and not a	99
barrier to the necessary utilization of basic health care services	100
by enrollees, may do one of the following:	101

(a) Impose copayment charges on any single covered basic	102
health care service that does not exceed forty per cent of the	103
average cost to the health insuring corporation of providing the	104
service;	105

(b) Imposeshall impose copayment charges, cost sharing, and	106
deductible charges that annually do not exceed twentyforty per	107
cent of the total annual cost to the health insuring corporation	108
of providing all covered basic health care services, including	109
physician office visits, urgent care services, and emergency	110
health services, when aggregated as to all personsapplied to a	111
standard population expected to be covered under the filed product	112
in question. In addition, annual copayment charges as to each	113
enrollee shall not exceed twenty per cent of the total annual cost	114
to the health insuring corporation of providing all covered basic	115
health care services, including physician office visits, urgent	116
care services, and emergency health services, as to such enrollee.	117
The total annual cost of providing a health care service is the	118
cost to the health insuring corporation of providing the health	119
care service to its enrollees as reduced by any applicable	120
provider discount. This requirement shall be demonstrated by an	121
actuary who is a member of the American academy of actuaries and	122
qualified to provide such certifications as described in the	123
United States qualification standards promulgated by the American	124
academy of actuaries pursuant to the code of professional conduct.	125

(3) To ensure that copayments are reasonable and not a	126
barrier to the utilization of basic health care services, a health	127
insuring corporation may not impose, in any contract year, on any	128
subscriber or enrollee, copayments that exceed two hundred per	129
cent of the average annual premium rate to subscribers or	130
enrollees.	131

(4) For purposes of division (D) of this section, bothall of	132
the following apply:	133

(a) Copayments imposed by health insuring corporations in	134
connection with a high deductible health plan that is linked to a	135
health savings account are reasonable and are not a barrier to the	136
necessary utilization of services by enrollees.	137

(b) DivisionsDivision (D)(2) and (3) of this section dodoes	138
not apply to a high deductible health plan that is linked to a	139
health savings account.	140

(c) Catastrophic-only plans, as defined under the "Patient	141
Protection and Affordable Care Act," 124 Stat. 119, 42 U.S.C.	142
18022 and any related regulations, are not subject to the limits	143
prescribed in division (D) of this section, provided that such	144
plans meet all applicable minimum federal requirements.	145

(E) A health insuring corporation shall not impose lifetime	146
maximums on basic health care services. However, a health insuring	147
corporation may establish a benefit limit for inpatient hospital	148
services that are provided pursuant to a policy, contract,	149
certificate, or agreement for supplemental health care services.	150

(F) A health insuring corporation may require that an	151
enrollee pay an annual deductible that does not exceed one	152
thousand dollars per enrollee or two thousand dollars per family,	153
except that:	154

(1) A health insuring corporation may impose higher	155
deductibles for high deductible health plans that are linked to	156
health savings accounts;	157

(2) The superintendent may adopt rules allowing different	158
annualcopayment, cost sharing, and deductible amounts for plans	159
with a medical savings account, health reimbursement arrangement,	160
flexible spending account, or similar account;	161

(3)(G) A health insuring corporation may impose higher	162
deductiblescopayment, cost sharing, and deductible charges under	163
health plans if requested by the group contract, policy,	164
certificate, or agreement holder, or an individual seeking	165
coverage under an individual health plan. This shall not be	166
construed as requiring the health insuring corporation to create	167
customized health plans for group contract holders or individuals.	168

(G)(H) As used in this section, "health savings account" and	169
"high deductible health plan" have the same meanings as in the	170
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	171
amended.	172

Sec. 3905.01.  As used in this chapter:

173

(A) "Affordable Care Act" means the "Patient Protection and	174
Affordable Care Act," 124 Stat. 119, 42 U.S.C. 18031 (2011).	175

(B) "Business entity" means a corporation, association,	176
partnership, limited liability company, limited liability	177
partnership, or other legal entity.	178

(B)(C) "Home state" means the state or territory of the	179
United States, including the District of Columbia, in which an	180
insurance agent maintains the insurance agent's principal place of	181
residence or principal place of business and is licensed to act as	182
an insurance agent.	183

(C)(D) "In-person assister" means any person, other than a	184
navigator, who receives any funding from, or who is selected or	185
designated by, an exchange, the state, or the federal government	186
to perform any of the activities and duties identified in division	187
(i) of section 1311 of the Affordable Care Act. "In-person	188
assister" includes any individual that is employed by, supervised	189
by, or affiliated with an in-person assister and performs any of	190
the activities and duties identified in division (i) of section	191
1311 of the Affordable Care Act, any non-navigator assistance	192
personnel, and any other person deemed as such by rules adopted by	193
the superintendent under division (L) of section 3905.471 of the	194
Revised Code.	195

(E) "Insurance" means any of the lines of authority set forth	196
in Chapter 1739., 1751., or 1761. or Title XXXIX of the Revised	197
Code, or as additionally determined by the superintendent of	198
insurance.	199

(D)(F) "Insurance agent" or "agent" means any person that, in	200
order to sell, solicit, or negotiate insurance, is required to be	201
licensed under the laws of this state, including limited lines	202
insurance agents and surplus line brokers.	203

(E)(G) "Insurer" has the same meaning as in section 3901.32	204
of the Revised Code.	205

(F)(H) "License" means the authority issued by the	206
superintendent to a person to act as an insurance agent for the	207
lines of authority specified, but that does not create any actual,	208
apparent, or inherent authority in the person to represent or	209
commit an insurer.	210

(G)(I) "Limited line credit insurance" means credit life,	211
credit disability, credit property, credit unemployment,	212
involuntary unemployment, mortgage life, mortgage guaranty,	213
mortgage disability, guaranteed automobile protection insurance,	214
or any other form of insurance offered in connection with an	215
extension of credit that is limited to partially or wholly	216
extinguishing that credit obligation and that is designated by the	217
superintendent as limited line credit insurance.	218

(H)(J) "Limited line credit insurance agent" means a person	219
that sells, solicits, or negotiates one or more forms of limited	220
line credit insurance to individuals through a master, corporate,	221
group, or individual policy.	222

(I)(K) "Limited lines insurance" means those lines of	223
authority set forth in divisions (B)(7) to (11) of section 3905.06	224
of the Revised Code or in rules adopted by the superintendent, or	225
any lines of authority the superintendent considers necessary to	226
recognize for purposes of complying with section 3905.072 of the	227
Revised Code.	228

(J)(L) "Limited lines insurance agent" means a person	229
authorized by the superintendent to sell, solicit, or negotiate	230
limited lines insurance.	231

(K)(M) "NAIC" means the national association of insurance	232
commissioners.	233

(L)(N) "Insurance navigator" means a person selected to	234
perform the activities and duties identified in division (i) of	235
section 1311 of the Affordable Care Act that is certified by the	236
superintendent of insurance under section 3905.471 of the Revised	237
Code. "Insurance navigator" refers to a navigator specified in	238
section 1311 of the Affordable Care Act, 42 U.S.C. 13031.	239

(O) "Negotiate" means to confer directly with, or offer	240
advice directly to, a purchaser or prospective purchaser of a	241
particular contract of insurance with respect to the substantive	242
benefits, terms, or conditions of the contract, provided the	243
person that is conferring or offering advice either sells	244
insurance or obtains insurance from insurers for purchasers.	245

(M)(P) "Person" means an individual or a business entity.

246

(N)(Q) "Sell" means to exchange a contract of insurance by	247
any means, for money or its equivalent, on behalf of an insurer.	248

(O)(R) "Solicit" means to attempt to sell insurance, or to	249
ask or urge a person to apply for a particular kind of insurance	250
from a particular insurer.	251

(P)(S) "Superintendent" or "superintendent of insurance"	252
means the superintendent of insurance of this state.	253

(Q)(T) "Terminate" means to cancel the relationship between	254
an insurance agent and the insurer or to terminate an insurance	255
agent's authority to transact insurance.	256

(R)(U) "Uniform application" means the NAIC uniform	257
application for resident and nonresident agent licensing, as	258
amended by the NAIC from time to time.	259

(S)(V) "Uniform business entity application" means the NAIC	260
uniform business entity application for resident and nonresident	261
business entities, as amended by the NAIC from time to time.	262

(W) "Exchange" means a health benefit exchange established by	263
the state government of Ohio or an exchange established by the	264
United States department of health and human services in	265
accordance with the "Patient Protection and Affordable Care Act,"	266
124 Stat. 119, 42 U.S.C. 18031 (2011).	267

Sec. 3905.47. (A)(1) No agent shall sell, solicit, or	268
negotiate insurance through an exchange, or enroll or offer to	269
enroll a person in a health benefit plan offered through an	270
exchange, on or after October 1, 2013, without first completing a	271
training program either required by an exchange or approved by the	272
superintendent of insurance in accordance with division (B) of	273
this section.	274

(2) If an exchange does not require the completion of a	275
training program pursuant to division (A)(1) of this section, the	276
superintendent shall establish such a program.	277

(B) The superintendent shall approve courses to be used for	278
compliance with division (A) of this section and shall approve	279
courses established by an exchange, provided that the courses are	280
in accordance with section 3905.484 of the Revised Code. Any	281
course the superintendent approves shall consist of topics related	282
to insurance offered within an exchange, including all of the	283
following:	284

(1) The levels of coverage provided in an exchange;

285

(2) The eligibility requirements for individuals to purchase	286
insurance through an exchange;	287

(3) The eligibility requirements for employers to make	288
insurance available to their employees through a small business	289
health options program;	290

(4) Individual eligibility requirements for medicaid;

291

(5) The use of enrollment forms used in an exchange;

292

(6) Any other topics as required by the superintendent.

293

(C) Agents that complete the training program required under	294
division (A) of this section shall receive continuing education	295
course credit under sections 3905.481 to 3905.486 of the Revised	296
Code. All such credit shall count toward satisfying the continuing	297
education requirement in section 3905.481 of the Revised Code.	298

Sec. 3905.471. (A) No individual or entity shall act as or	299
hold itself out to be an insurance navigator unless that	300
individual or entity is certified as an insurance navigator under	301
this section and is receiving funding under division (i) of	302
section 1311 of the Affordable Care Act.	303

(B) An insurance navigator who complies with the requirements	304
of this section may do any of the following:	305

(1) Conduct public education activities to raise awareness of	306
the availability of qualified health plans;	307

(2) Distribute fair and impartial general information	308
concerning enrollment in all qualified health plans offered within	309
the exchange and the availability of the premium tax credits under	310
section 36B of the Internal Revenue Code of 1986, 26 U.S.C. 36B,	311
and cost-sharing reductions under section 1402 of the Affordable	312
Care Act;	313

(3) Facilitate enrollment in qualified health plans, without	314
suggesting that an individual select a particular plan;	315

(4) Provide referrals to appropriate state agencies for any	316
enrollee with a grievance, complaint, or question regarding their	317
health plan, coverage, or a determination under such plan	318
coverage;	319

(5) Provide information in a manner that is culturally and	320
linguistically appropriate to the needs of the population being	321
served by the exchange.	322

(C) An insurance navigator shall not do any of the following:

323

(1) Sell, solicit, or negotiate health insurance;

324

(2) Provide advice concerning the substantive benefits,	325
terms, and conditions of a particular health benefit plan or offer	326
advice about which health benefit plan is better or worse or	327
suitable for a particular individual or entity;	328

(3) Recommend a particular health plan or advise consumers	329
about which health benefit plan to choose;	330

(4) Provide any information or services related to health	331
benefit plans or other products not offered in the exchange.	332
Division (C)(4) of this section shall not be interpreted as	333
prohibiting an insurance navigator from providing information on	334
eligibility for medicaid;	335

(5) Engage in any unfair method of competition or any	336
fraudulent, deceptive, or dishonest act or practice.	337

(D) An individual shall not act in the capacity of an	338
insurance navigator, or perform insurance navigator duties on	339
behalf of an organization serving as an insurance navigator,	340
unless the individual has applied for certification and the	341
superintendent finds that the applicant meets all of the following	342
requirements:	343

(1) Is at least eighteen years of age;

344

(2) Has completed and submitted the application and	345
disclosure form required under division (F)(2) of this section and	346
has declared, under penalty of refusal, suspension, or revocation	347
of the insurance navigator's certification, that the statements	348
made in the form are true, correct, and complete to the best of	349
the applicant's knowledge and belief;	350

(3) Has successfully completed a criminal records check under	351
section 3905.051 of the Revised Code, as required by the	352
superintendent;	353

(4) Has successfully completed the certification and training	354
requirements adopted by the superintendent in accordance with	355
division (F) of this section;	356

(5) Has paid all fees required by the superintendent.

357

(E)(1) A business entity that acts as an insurance navigator,	358
supervises the activities of individual insurance navigators, or	359
receives funding to provide insurance navigator services shall	360
obtain an insurance navigator business entity certification.	361

(2) Any entity applying for a business entity certification	362
shall apply in a form specified, and provide any information	363
required by, the superintendent.	364

(3) A business entity certified as an insurance navigator	365
shall, in a manner prescribed by the superintendent, make	366
available a list of all individual insurance navigators that the	367
business entity employs, supervises, or with which the business	368
entity is affiliated.	369

(F) The superintendent of insurance shall, prior to any	370
exchange becoming operational in this state, do all of the	371
following:	372

(1)(a) Adopt rules to establish a certification and training	373
program for a prospective insurance navigator and the insurance	374
navigator's employees that includes screening via a criminal	375
records check performed in accordance with section 3905.051 of the	376
Revised Code, initial and continuing education requirements, and	377
an examination;	378

(b) The certification and training program shall include	379
training on compliance with the "Health Insurance Portability and	380
Accountability Act of 1996," 110 Stat. 1955, 42 U.S.C. 1320d, et	381
seq., as amended, training on ethics, and training on provisions	382
of the Affordable Care Act relating to insurance navigators and	383
exchanges.	384

(2) Develop an application and disclosure form by which an	385
insurance navigator may disclose any potential conflicts of	386
interest, as well as any other information the superintendent	387
considers pertinent.	388

(G)(1) The superintendent may suspend, revoke, or refuse to	389
issue or renew the insurance navigator certification of any	390
person, or levy a civil penalty against any person, that violates	391
the requirements of this section or commits any act that would be	392
a ground for denial, suspension, or revocation of an insurance	393
agent license, as prescribed in section 3905.14 of the Revised	394
Code.	395

(2) The superintendent shall have the power to examine and	396
investigate the business affairs and records of any insurance	397
navigator.	398

(3)(a) The superintendent shall not certify as an insurance	399
navigator, and shall revoke any existing insurance navigator	400
certification of, any individual, organization, or business entity	401
that is receiving financial compensation, including monetary and	402
in-kind compensation, gifts, or grants, on or after October 1,	403
2013, from an insurer offering a qualified health benefit plan	404
through an exchange operating in this state.	405

(b) Notwithstanding division (G)(3)(a) of this section, the	406
superintendent may certify as a navigator a qualified health	407
center and a federally qualified health center look-alike, as	408
defined in section 3701.047 of the Revised Code.	409

(4)(a) If the superintendent finds that a violation of this	410
section made by an individual insurance navigator was made with	411
the knowledge of the employing or supervising entity, or that the	412
employing or supervising entity should reasonably have been aware	413
of the individual insurance navigator's violation, and the	414
violation was not reported to the superintendent and no corrective	415
action was undertaken on a timely basis, then the superintendent	416
may suspend, revoke, or refuse to renew the insurance navigator	417
certification of the supervising or employing entity.	418

(b) In addition to, or in lieu of, any disciplinary action	419
taken under division (G)(4)(a) of this section, the superintendent	420
may levy a civil penalty against such an entity.	421

(H) A business entity that terminates the employment,	422
engagement, affiliation, or other relationship with an individual	423
insurance navigator shall notify the superintendent within thirty	424
days following the effective date of the termination, using a	425
format prescribed by the superintendent, if the reason for	426
termination is one of the reasons set forth in section 3905.14 of	427
the Revised Code, or the entity has knowledge that the insurance	428
navigator was found by a court or government body to have engaged	429
in any of the activities in section 3905.14 of the Revised Code.	430

(I) Insurance navigators are subject to the laws of this	431
chapter, and any rules adopted pursuant to the chapter, in so far	432
as such laws are applicable.	433

(J) The superintendent may deny, suspend, approve, renew, or	434
revoke the certification of an insurance navigator if the	435
superintendent determines that doing so would be in the interest	436
of Ohio insureds or the general public. Such an action is not	437
subject to Chapter 119. of the Revised Code.	438

(K) The superintendent may adopt rules in accordance with	439
Chapter 119. of the Revised Code to implement sections 3905.47 to	440
3905.473 of the Revised Code.	441

(L) The superintendent may, by rule, apply the requirements	442
of this chapter to any entity or person designated by an exchange,	443
the state, or the federal government to assist consumers or	444
participate in exchange activities.	445

(M) Any fees collected under this section shall be paid into	446
the state treasury to the credit of the department of insurance	447
operating fund created under section 3901.021 of the Revised Code.	448

Sec. 3905.472. An exchange shall permit an insurer to offer	449
any health benefit plan that the insurer seeks to offer through	450
the exchange, so long as the health benefit plan in question is a	451
qualified health plan under the Affordable Care Act, as approved	452
by the superintendent of insurance. Nothing in this section shall	453
be construed to allow the superintendent of insurance to impose	454
any additional state certification requirements in order to be a	455
qualified health plan.	456

Sec. 3905.473. (A) An exchange operating in this state shall	457
maintain a current list of both of the following:	458

(1) Licensed insurance agents that have met all of the	459
requirements necessary to offer or sell insurance through an	460
exchange;	461

(2) Individuals and business entities that have been	462
certified by the superintendent as an insurance navigator.	463

(B) An exchange shall make available a list of insurance	464
agents operating near the individual's residence address that are	465
certified to sell a health benefit plan through an exchange and	466
insurance navigators that are certified under section 3905.471 of	467
the Revised Code. An exchange operating in this state shall	468
maintain a means of communication by which an individual may make	469
such a request.	470

(C) Any web site, software application, or other electronic	471
medium, or an exchange-sanctioned outreach event that enables a	472
consumer to determine eligibility for and to purchase a qualified	473
health plan through an exchange shall include information on how	474
an individual can obtain from an exchange the contact information	475
of insurance agents operating near the individual's residence	476
address that are certified to sell health benefit plans through an	477
exchange and insurance navigators that are certified under section	478
3905.471 of the Revised Code.	479

Sec. 3905.474. No person shall act as, perform the duties of,	480
or hold one's self out to be an in-person assister unless that	481
person is either a licensed insurance agent certified to sell	482
insurance through an exchange under section 3905.47 of the Revised	483
Code or an insurance navigator certified under section 3905.471 of	484
the Revised Code.	485

Sec. 4713.62. (A) A person holding a practicing license,	486
managing license, or instructor license may satisfy a continuing	487
education requirement established by rules adopted under section	488
4713.09 of the Revised Code only by completing continuing	489
education programs approved under division (B) of this section or	490
developed under division (C) of this section.	491

(B) The state board of cosmetology shall approve a continuing	492
education program if all of the following conditions are	493
satisfied:	494

(1) The person operating the program submits to the board a	495
written application for approval.	496

(2) The person operating the program pays to the board a fee	497
established by rules adopted under section 4713.08 of the Revised	498
Code.	499

(3) The program is operated by an employee, officer, or	500
director of a nonprofit professional association, college or	501
university, proprietary continuing education institutions	502
providing programs approved by the board, vocational school,	503
postsecondary proprietary school of cosmetology licensed by the	504
board, salon licensed by the board, or manufacturer of supplies or	505
equipment used in the practice of a branch of cosmetology.	506

(4) The program will do at least one of the following:

507

(a) Enhance the professional competency of the affected	508
licensees;	509

(b) Protect the public;

510

(c) Educate the affected licensees in the application of the	511
laws and rules regulating the practice of a branch of cosmetology.	512

(5) The person operating the program provides the board a	513
tentative schedule of when the program will be available so that	514
the board can make the schedule readily available to all licensees	515
throughout the state.	516

Section 2.  That existing sections 1751.12, 3905.01, and	517
4713.62 of the Revised Code are hereby repealed.	518