As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 410

Representative Grossman 

Cosponsors: Representatives Terhar, Fedor, Thompson, Ruhl, Hackett 

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A BILL

To amend sections 4709.01, 4709.03, 4713.01, 4713.02,

1

4713.03, 4713.06, 4713.07, 4713.08, 4713.081,

2

4713.09, 4713.10, 4713.14, 4713.141, 4713.16,

3

4713.20, 4713.21, 4713.22, 4713.24, 4713.25,

4

4713.26, 4713.28, 4713.29, 4713.30, 4713.31,

5

4713.32, 4713.34, 4713.35, 4713.37, 4713.41,

6

4713.42, 4713.44, 4713.45, 4713.48, 4713.55,

7

4713.56, 4713.58, 4713.60, 4713.61, 4713.62,

8

4713.63, and 4713.64; to enact new section 4713.39

9

and sections 4713.071, 4713.66, and 4713.67; and

10

to repeal sections 4713.17 and 4713.39 of the

11

Revised Code to make changes to the Cosmetology

12

Licensing Law.

13

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

Section 1. That sections 4709.01, 4709.03, 4713.01, 4713.02,	14
4713.03, 4713.06, 4713.07, 4713.08, 4713.081, 4713.09, 4713.10,	15
4713.14, 4713.141, 4713.16, 4713.20, 4713.21, 4713.22, 4713.24,	16
4713.25, 4713.26, 4713.28, 4713.29, 4713.30, 4713.31, 4713.32,	17
4713.34, 4713.35, 4713.37, 4713.41, 4713.42, 4713.44, 4713.45,	18
4713.48, 4713.55, 4713.56, 4713.58, 4713.60, 4713.61, 4713.62,	19
4713.63, and 4713.64 be amended and new section 4713.39 and	20
sections 4713.071, 4713.66, and 4713.67 of the Revised Code be	21
enacted to read as follows:	22

Sec. 4709.01.  As used in this chapter:

23

(A)(1) Except as provided in division (A)(2) of this section,	24
"the practice of barbering" means any one or more of the following	25
when performed upon the head, neck, or face for cosmetic purposes	26
and when performed upon the public for pay, free, or otherwise:	27

(a) Shaving the face, shaving around the vicinity of the ears	28
and neckline, or trimming facial hair with a straight razor;	29

(b) Cutting or styling hair;

30

(c) Facials, skin care, or scalp massages;

31

(d) Shampooing, bleaching, coloring, straightening, or	32
permanent waving hair;	33

(e) Cutting, fitting, or forming head caps for wigs or hair	34
pieces.	35

(2) "The practice of barbering" does not include the practice	36
of natural hair styling.	37

(B) "Sanitary" means free of infectious agents, disease, or	38
infestation by insects or vermin and free of soil, dust, or	39
foreign material.	40

(C) "Barber" means any person who engages in or attempts to	41
engage in the practice of barbering.	42

(D) "Barber school" means any establishment that engages in	43
or attempts to engage in the teaching of the practice of	44
barbering.	45

(E) "Barber teacher" means any person who engages in or	46
attempts to engage in the teaching of the practice of barbering.	47

(F) "Assistant barber teacher" means any person who assists a	48
barber teacher in the teaching of the practice of barbering.	49

(G) "Barber pole" means a cylinder or pole with alternating	50
stripes of any combination including red and white, and red,	51
white, and blue, which run diagonally along the length of the	52
cylinder or pole.	53

(H) "The practice of natural hair styling" means work done	54
for a fee or other form of compensation, by any person, utilizing	55
techniques performed by hand that result in tension on hair roots	56
such as twisting, wrapping, weaving, extending, locking, or	57
braiding of the hair, and which work does not include the	58
application of dyes, reactive chemicals, or other preparations to	59
alter the color or to straighten, curl, or alter the structure of	60
the hair.	61

(I) "Braiding" means intertwining the hair in a systematic	62
motion to create patterns in a three-dimensional form, inverting	63
the hair against the scalp along part of a straight or curved row	64
of intertwined hair, or twisting the hair in a systematic motion,	65
and includes extending the hair with natural or synthetic hair	66
fibers.	67

Sec. 4709.03.  The following persons are exempt from this	68
chapter while in the proper discharge of their professional	69
duties:	70

(A) Persons licensed by this state to practice medicine and	71
surgery;	72

(B) Commissioned medical or surgical officers of the United	73
States army, navy, or marine hospital service;	74

(C) Nurses registered under Chapter 4723. of the Revised	75
Code;	76

(D) Cosmetologists and hair designers licensed under Chapter	77
4713. of the Revised Code, insofar as their usual and ordinary	78
vocation and profession is concerned as described in section	79
4713.01 of the Revised Code, so long as, if the cosmetologist or	80
hair designer shaves the face, the cosmetologist or hair designer	81
does so with a safety razor;	82

(E) Funeral directors, embalmers, and apprentices licensed or	83
registered under Chapter 4717. of the Revised Code.	84

Sec. 4713.01.  As used in this chapter:

85

"Apprentice instructor" means a personan individual holding	86
a practicing license issued by the state board of cosmetology who	87
is engaged in learning or acquiring knowledge of the occupation of	88
an instructor of a branch of cosmetology at a school of	89
cosmetology.	90

"Beauty salon" means any premises, building, or part of a	91
buildinga salon in which a personan individual is authorized to	92
engage in all branches of cosmetology. "Beauty salon" does not	93
include a barber shop licensed under Chapter 4709. of the Revised	94
Code in which a person engages in the practice of manicuring.	95

"Biennial licensing period" means the two-year period	96
beginning on the first day of February of an odd-numbered year and	97
ending on the last day of January of the next odd-numbered year.	98

"Braider" means an individual who engages in the practice of	99
braiding but no other branch of cosmetology.	100

"Braiding instructor" means intertwining the hair in a	101
systematic motion to create patterns in a three-dimensional form,	102
inverting the hair against the scalp along part of a straight or	103
curved row of intertwined hair, or twisting the hair in a	104
systematic motion, and includes extending the hair with natural or	105
synthetic hair fibersan individual who teaches the theory and	106
practice of braiding, but no other branch of cosmetology, at a	107
school of cosmetology.	108

"Braiding salon" means a salon in which an individual engages	109
in the practice of braiding but no other branch of cosmetology.	110

"Branch of cosmetology" means the practice of braiding,	111
practice of cosmetology, practice of esthetics, practice of hair	112
design, practice of manicuring, or practice of natural hair	113
styling, or practice of threading.	114

"Cosmetic therapy" has the same meaning as in section 4731.15	115
of the Revised Code.	116

"Cosmetologist" means a personan individual authorized to	117
engage in all branches of cosmetology.	118

"Cosmetology" means the art or practice of embellishment,	119
cleaning, beautification, and styling of hair, wigs, postiches,	120
face, body, or nails and tanning of the skin.	121

"Cosmetology instructor" means a personan individual	122
authorized to teach the theory and practice of all branches of	123
cosmetology at a school of cosmetology.	124

"Esthetician" means a personan individual who engages in the	125
practice of esthetics but no other branch of cosmetology.	126

"Esthetics instructor" means a personan individual who	127
teaches the theory and practice of esthetics, but no other branch	128
of cosmetology, at a school of cosmetology.	129

"Esthetics salon" means any premises, building, or part of a	130
buildinga salon in which a personan individual engages in the	131
practice of esthetics but no other branch of cosmetology.	132

"Hair designer" means a personan individual who engages in	133
the practice of hair design but no other branch of cosmetology.	134

"Hair design instructor" means a personan individual who	135
teaches the theory and practice of hair design, but no other	136
branch of cosmetology, at a school of cosmetology.	137

"Hair design salon" means any premises, building, or part of	138
a buildinga salon in which a personan individual engages in the	139
practice of hair design but no other branch of cosmetology.	140

"Independent contractor license" means a license to practice	141
a branch of cosmetology at a salon in which the license holder	142
rents booth space.	143

"Instructor license" means a license to teach the theory and	144
practice of a branch of cosmetology at a school of cosmetology.	145

"Managing braider" means an individual authorized to manage a	146
braiding salon, but no other type of salon, and engage in the	147
practice of braiding, but no other branch of cosmetology.	148

"Managing cosmetologist" means a personan individual	149
authorized to manage a beauty salon and engage in all branches of	150
cosmetology.	151

"Managing esthetician" means a personan individual	152
authorized to manage an esthetics salon, but no other type of	153
salon, and engage in the practice of esthetics, but no other	154
branch of cosmetology.	155

"Managing hair designer" means a personan individual	156
authorized to manage a hair design salon, but no other type of	157
salon, and engage in the practice of hair design, but no other	158
branch of cosmetology.	159

"Managing license" means a license to manage a salon and	160
practice theoffering a branch of cosmetology practiced at the	161
salonappropriate to the license.	162

"Managing manicurist" means a personan individual authorized	163
to manage a nail salon, but no other type of salon, and engage in	164
the practice of manicuring, but no other branch of cosmetology.	165

"Managing natural hair stylist" means a personan individual	166
authorized to manage a natural hair style salon, but no other type	167
of salon, and engage in the practice of natural hair styling, but	168
no other branch of cosmetology.	169

"Managing threader" means an individual authorized to manage	170
a threading salon, but no other type of salon, and engage in the	171
practice of threading, but no other branch of cosmetology.	172

"Manicurist" means a personan individual who engages in the	173
practice of manicuring but no other branch of cosmetology.	174

"Manicurist instructor" means a personan individual who	175
teaches the theory and practice of manicuring, but no other branch	176
of cosmetology, at a school of cosmetology.	177

"Nail salon" means any premises, building, or part of a	178
buildinga salon in which a personan individual engages in the	179
practice of manicuring but no other branch of cosmetology. "Nail	180
salon" does not include a barber shop licensed under Chapter 4709.	181
of the Revised Code in which a person engages in the practice of	182
manicuring.	183

"Natural hair stylist" means a personan individual who	184
engages in the practice of natural hair styling but no other	185
branch of cosmetology.	186

"Natural hair style instructor" means a personan individual	187
who teaches the theory and practice of natural hair styling, but	188
no other branch of cosmetology, at a school of cosmetology.	189

"Natural hair style salon" means any premises, building, or	190
part of a buildinga salon in which a personan individual engages	191
in the practice of natural hair styling but no other branch of	192
cosmetology.	193

"Practice of braiding" means utilizing the technique of	194
intertwining hair in a systematic motion to create patterns in a	195
three dimensional form, including patterns that are inverted,	196
upright, or singled against the scalp that follow along straight	197
or curved partings. It may include twisting or locking the hair	198
while adding bulk or length with human hair, synthetic hair, or	199
both and using simple devices such as clips, combs, and hairpins.	200
"Practice of braiding" does not include any of the following:	201
application of weaving, bonding, and fusion of individual strands	202
or wefts; application of dyes, reactive chemicals, or other	203
preparations to alter the color or straighten, curl, or alter the	204
structure of hair; embellishing or beautifying hair by cutting or	205
singeing, except as needed to finish the ends of synthetic fibers	206
used to add bulk to or lengthen hair.	207

"Practice of cosmetology" means the practice of all branches	208
of cosmetology.	209

"Practice of esthetics" means the application of cosmetics,	210
tonics, antiseptics, creams, lotions, or other preparations for	211
the purpose of skin beautification and includes preparation of the	212
skin by manual massage techniques or by use of electrical,	213
mechanical, or other apparatus. It also includes enhancing the	214
skin by skin care, facials, body treatments, hair removal, and	215
other treatments; applying permanent cosmetics to the eyes,	216
eyebrows, and lips; and applying eyelash extensions.	217

"Practice of hair design" means embellishing or beautifying	218
hair, wigs, or hairpieces by arranging, dressing, pressing,	219
curling, waving, permanent waving, cleansing, cutting, singeing,	220
bleaching, coloring, braiding, weaving, or similar work. "Practice	221
of hair design" includes utilizing techniques performed by hand	222
that result in tension on hair roots such as twisting, wrapping,	223
weaving, extending, locking, or braiding of the hair.	224

"Practice of manicuring" means manicuringcleaning, trimming,	225
shaping the free edge of, or applying polish to the nails of any	226
person,individual; applying artificial or sculptured nails to any	227
person,; massaging the hands and lower arms up to the elbow of any	228
person,; massaging the feet and lower legs up to the knee of any	229
person,; using lotions or softeners on the hands and feet; or any	230
combination of these four types of services.	231

"Practice of natural hair styling" means utilizing techniques	232
performed by hand that result in tension on hair roots such as	233
twisting, wrapping, weaving, extending, locking, or braiding of	234
the hair. "Practice of natural hair styling" does not include the	235
application of dyes, reactive chemicals, or other preparations to	236
alter the color or to straighten, curl, or alter the structure of	237
the hair. "Practice of natural hair styling" also does not include	238
embellishing or beautifying hair by cutting or singeing, except as	239
needed to finish off the end of a braid, or by dressing, pressing,	240
curling, waving, permanent waving, or similar work.	241

"Practice of threading" means removing unwanted hair	242
utilizing techniques performed by hand. "Practice of threading"	243
does not include the use of chemical applications such as waxes	244
and depilatories.	245

"Practicing license" means a license to practice a branch of	246
cosmetology.	247

"Salon" means a beauty salon, esthetics salon, hair design	248
salon, nail salon, or natural hair style salonany premises,	249
building, or part of a building in which an individual engages in	250
the practice of one or more branches of cosmetology. "Salon" does	251
not include a barber shop licensed under Chapter 4709. of the	252
Revised Code. "Salon" does not mean a tanning facility, although a	253
tanning facility may be located in a salon.	254

"School of cosmetology" means any premises, building, or part	255
of a building in which students are instructed in the theories and	256
practices of one or more branches of cosmetology.	257

"Student" means a personan individual, other than an	258
apprentice instructor, who is engaged in learning or acquiring	259
knowledge of the practice of a branch of cosmetology at a school	260
of cosmetology.	261

"Tanning facility" means a room or booth that housesany	262
premises, building, or part of a building that contains one or	263
more rooms or booths with equipment or beds used for tanning human	264
skin by the use of fluorescent sun lamps using ultraviolet or	265
other artificial radiation.	266

"Threading salon" means a salon in which an individual	267
engages in the practice of threading but no other branch of	268
cosmetology.	269

"Threader" means an individual who engages in the practice of	270
threading but no other branch of cosmetology.	271

"Threading instructor" means an individual who teaches the	272
theory and practice of threading, but no other branch of	273
cosmetology, at a school of cosmetology.	274

Sec. 4713.02.  (A) There is hereby created theThe state	275
board of cosmetology, consisting of all ofis hereby created to	276
regulate the practice of cosmetology and all of its branches to	277
protect the public and individuals practicing in accordance with	278
this chapter.	279

(B) The board shall consist of the following members	280
appointed by the governor, with the advice and consent of the	281
senate:	282

(1) One person holdingindividual who holds a current, valid	283
cosmetologist, managing cosmetologist, or cosmetology instructor	284
license at the time of appointment;	285

(2) Two personsindividuals holding current, valid managing	286
cosmetologist licenses and actively engaged in managing beauty	287
salons at the time of appointment;	288

(3) One personindividual who holds a current, valid	289
independent contractor license at the time of appointment or the	290
owner or manager of a licensed salon in which at least one person	291
individual holding a current, valid independent contractor license	292
practices a branch of cosmetology;	293

(4) One personindividual who represents individuals who	294
teach the theory and practice of a branch of cosmetology at a	295
vocational school;	296

(5) One owner of a licensed school of cosmetology;

297

(6) One owner of at least five licensed salons;

298

(7) One personindividual who is either a certified nurse	299
practitioner or clinical nurse specialist holding a certificate of	300
authority issued under Chapter 4723. of the Revised Code, or a	301
physician authorized under Chapter 4731. of the Revised Code to	302
practice medicine and surgery or osteopathic medicine and surgery;	303

(8) One personindividual representing the general public.

304

(B)(C) The superintendent of public instruction shall	305
nominate three personsindividuals for the governor to choose from	306
when making an appointment under division (A)(B)(4) of this	307
section.	308

(C)(D) All members shall be at least twenty-five years of	309
age, residents of the state, and citizens of the United States. No	310
more than two members, at any time, shall be graduates of the same	311
school of cosmetology.	312

Except for the initial members appointed under divisions	313
(A)(3) and (4) of this section, termsTerms of office are for five	314
years. The term of the initial member appointed under division	315
(A)(3) of this section shall be three years. The term of the	316
initial member appointed under division (A)(4) of this section	317
shall be four years. Terms shall commence on the first day of	318
November and end on the thirty-first day of October. Each member	319
shall hold office from the date of appointment until the end of	320
the term for which appointed. In case of a vacancy occurring on	321
the board, the governor shall, in the same manner prescribed for	322
the regular appointment to the board, fill the vacancy by	323
appointing a member. Any member appointed to fill a vacancy	324
occurring prior to the expiration of the term for which the	325
member's predecessor was appointed shall hold office for the	326
remainder of such term. Any member shall continue in office	327
subsequent to the expiration date of the member's term until the	328
member's successor takes office, or until a period of sixty days	329
has elapsed, whichever occurs first. Before entering upon the	330
discharge of the duties of the office of member, each member shall	331
take, and file with the secretary of state, the oath of office	332
required by Section 7 of Article XV, Ohio Constitution.	333

The members of the board shall receive an amount fixed	334
pursuant to Chapter 124. of the Revised Code per diem for every	335
meeting of the board which they attend, together with their	336
necessary expenses, and mileage for each mile necessarily	337
traveled.	338

The members of the board shall annually elect, from among	339
their number, a chairperson and a vice-chairperson. The executive	340
director appointed under section 4713.06 of the Revised Code shall	341
serve as the board's secretary.	342

The board shall prescribe the duties of its officers and	343
establish an office within Franklin Countycounty. The board shall	344
keep all records and files at the office and have the records and	345
files at all reasonable hours open to public inspection in	346
accordance with section 143.49 of the Revised Code and any rules	347
adopted by the board in compliance with the state's record	348
retention policy. The board also shall adopt a seal.	349

Sec. 4713.03.  The state board of cosmetology shall hold a	350
meetingmeetings to transact its business at least four times a	351
year. The board may hold additional meetings as, in its judgment,	352
are necessary. The board shall meet at the times and places it	353
selects.	354

Sec. 4713.06. The state board of cosmetology shall annually	355
appoint an executive director. The executive director may not be a	356
member of the board. The executive director, before entering upon	357
the discharge of the executive director's duties, shall file with	358
the secretary of state a good and sufficient bond payable to the	359
state, to ensure the faithful performance of duties of the office	360
of executive director. The bond shall be in an amount the board	361
requires. The premium of the bond shall be paid from	362
appropriations made to the board for operating purposes.	363

The boardexecutive director shall carry out the	364
administrative functions of the board and implement the policies	365
developed by the board to regulate the practice of cosmetology.	366

The executive director shall employ those staff members and	367
consultants necessary to implement the board's regulatory purpose	368
and the policies it develops. The executive director may employ	369
inspectors, examiners, consultants on contents of examinations,	370
and clerks, or other individuals as necessary for the	371
administration of this chapter. All inspectors and examiners shall	372
be licensed cosmetologists.	373

The board may appointexecutive director shall delegate to	374
inspectors ofauthority to inspect and investigate all facilities	375
regulated by this chapter, including tanning facilities as needed	376
to make periodic inspections as the board specifies, to ensure	377
compliance with this chapter, the rules adopted under it, and the	378
board's policies.	379

Sec. 4713.07. (A) The state board of cosmetology shall do all	380
of the following:	381

(A)(1) Regulate the practice of cosmetology and all of its	382
branches in this state;	383

(2) Investigate or inspect in accordance with section 4713.67	384
of the Revised Code the activities or premises of a license holder	385
or unlicensed person who is alleged to have violated any section	386
of this chapter or any rule adopted under it;	387

(3) Adopt rules in accordance with section 4713.08 of the	388
Revised Code;	389

(4) Prescribe and make available application forms to be used	390
by personsindividuals seeking admission to an examination	391
conducted under section 4713.24 of the Revised Code or persons	392
seeking a license issued under this chapter;	393

(B)(5) Prescribe and make available application forms to be	394
used by persons seeking renewal of a license issued under this	395
chapter;	396

(C)(6) Report to the proper prosecuting officer all	397
violations of section 4713.14 of the Revised Code of which the	398
board is aware;	399

(D)(7) Submit a written report annually to the governor that	400
provides all of the following:	401

(1)(a) A discussion of the conditions in this state of the	402
branches of cosmetology;	403

(2)(b) A brief summary of the board's proceedings during the	404
year the report covers;	405

(3)(c) A statement of all money that the board received and	406
expended during the year the report covers.	407

(E)(8) Keep a record of all of the following:

408

(1)(a) The board's proceedings;

409

(2)(b) The name and last known physical address, electronic	410
mail address, and telephone number of each person issued a license	411
under section 4713.28, 4713.30, 4713.31, 4713.34, or 4713.39 of	412
the Revised Codethis chapter;	413

(3) The name and address of each salon issued a license under	414
section 4713.41 of the Revised Code and each school of cosmetology	415
issued a license under section 4713.44 of the Revised Code;	416

(4) The name and address of each tanning facility issued a	417
permit under section 4713.48 of the Revised Code;	418

(5)(c) The date and number of each license and permit that	419
the board issues;.	420

(F)(9) Assist ex-offenders and military veterans who hold	421
licenses issued by the board to find employment within salons or	422
other facilities within this state;	423

(G)(10) All other duties that this chapter imposes on the	424
board.	425

(B) The board may delegate any of the duties listed in	426
division (A) of this section to the executive director or to an	427
individual designated by the executive director.	428

Sec. 4713.071. (A) Beginning one year after the effective	429
date of this section and continuing for the next two years, the	430
state board of cosmetology shall annually submit a written report	431
to the governor, president of the senate, and speaker of the house	432
of representatives. The report shall list all of the following for	433
the preceding twelve-month period:	434

(1) The number of students enrolled in courses at licensed	435
schools of cosmetology that are required for each of the following	436
licenses: braider, threader, managing braider, managing threader,	437
braiding instructor, and threading instructor;	438

(2) The number of applicants for each of the following	439
licenses: braider, threader, managing braider, managing threader,	440
braiding instructor, and threading instructor;	441

(3) The number of licenses issued for each of the following:	442
braiders, threaders, managing braiders, managing threaders,	443
braiding instructors, and threading instructors;	444

(4) The number of complaints received by the board related to	445
the unlicensed practice of braiding or threading;	446

(5) The number of investigations conducted by the board	447
related to the unlicensed practice of braiding or threading;	448

(6) The number of adjudications or other disciplinary action	449
taken by the board related to the unlicensed practice of braiding	450
or threading.	451

(B) The board shall include in the final report under	452
division (A) of this section any recommendations it has for	453
changes to this chapter that address both of the following:	454

(1) Compliance with this chapter by individuals involved in	455
the practice of braiding or threading;	456

(2) The health and safety of those served by individuals	457
involved in the practice of braiding or threading.	458

Sec. 4713.08. (A) The state board of cosmetology shall adopt	459
rules in accordance with Chapter 119. of the Revised Code as	460
necessary to implement this chapter. The rules shall do all of the	461
following:	462

(1) Govern the practice of the branches of cosmetology and	463
management of salons;	464

(2) Specify conditions a person must satisfy to qualify for a	465
temporary pre-examination work permit under section 4713.22 of the	466
Revised Code and the conditions and method of renewing a temporary	467
pre-examination work permit under that section;	468

(3) Provide for the conduct of examinations under section	469
4713.24 of the Revised Code;	470

(4) Specify conditions under which the board will take into	471
account, under section 4713.32 of the Revised Code, instruction an	472
applicant for a license under section 4713.28, 4713.30, or 4713.31	473
of the Revised Code received more than five years before the date	474
of application for the license;	475

(5) Provide for the granting of waivers under section 4713.29	476
of the Revised Code;	477

(6) Specify conditions an applicant must satisfy for the	478
board to issue the applicant a license under section 4713.34 of	479
the Revised Code without the applicant taking an examination	480
conducted under section 4713.24 of the Revised Code;	481

(7) Specify locations in which glamour photography services	482
in which a branch of cosmetology is practiced may be provided;	483

(8) Establish conditions and the fee for a temporary special	484
occasion work permit under section 4713.37 of the Revised Code and	485
specify the amount of time such a permit is valid;	486

(9) Specify conditions an applicant must satisfy for the	487
board to issue the applicant an independent contractor license	488
under section 4713.39 of the Revised Code and the fee for issuance	489
and renewal of the license;	490

(10) Establish conditions under which food may be sold at a	491
salon;	492

(11) Specify which professions regulated by a professional	493
regulatory board of this state may be practiced in a salon under	494
section 4713.42 of the Revised Code;	495

(12) Establish standards for the provision of cosmetic	496
therapy, massage therapy, or other professional service in a salon	497
pursuant to section 4713.42 of the Revised Code;	498

(13) Establish standards for board approval of, and the	499
granting of credits for, training in branches of cosmetology at	500
schools of cosmetology licensed in this state;	501

(14) Establish the manner in which a school of cosmetology	502
licensed under section 4713.44 of the Revised Code may offer	503
post-secondary and advanced practice programs;	504

(15) Establish sanitary standards for the practice of the	505
branches of cosmetology, salons, and schools of cosmetology;	506

(16) Establish the application process for obtaining a	507
tanning facility permit under section 4713.48 of the Revised Code,	508
including the amount of the fee for an initial or renewed permit;	509

(17) Establish standards for installing and operating a	510
tanning facility in a manner that ensures the health and safety of	511
consumers, including standards that do all of the following:	512

(a) Establish a maximum safe time of exposure to radiation	513
and a maximum safe temperature at which sun lamps may be operated;	514

(b) Require consumers to wear protective eyeglasses and be	515
supervised as to the length of time consumers use the facility;	516

(c) Require the operator to prohibit consumers from standing	517
too close to sun lamps and to post signs warning consumers of the	518
potential effects of radiation on persons taking certain	519
medications and of the possible relationship of the radiation to	520
skin cancer;	521

(d) Require the installation of protective shielding for sun	522
lamps and handrails for consumers;	523

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

524

(f) Require a consumer who is under the age of eighteen to	525
obtain written consent from the consumer's parent or legal	526
guardian prior to receiving tanning services.	527

(18)(a) If the board, under section 4713.61 of the Revised	528
Code, develops a procedure for classifying licenses inactivein	529
escrow, do both of the following:	530

(i) Establish a fee for having a license classified inactive	531
in escrow that reflects the cost to the board of providing the	532
inactiveescrow license service;	533

(ii) Specify the continuing education that a person whose	534
license has been classified inactivein escrow must complete to	535
have the license restored. The continuing education shall be	536
sufficient to ensure the minimum competency in the use or	537
administration of a new procedure or product required by a	538
licensee necessary to protect public health and safety. The	539
requirement shall not exceed the cumulative number of hours of	540
continuing education that the person would have been required to	541
complete had the person retained an active license.	542

(b) In addition, the board may specify the conditions and	543
method for granting a temporary work permit to practice a branch	544
of cosmetology to a person whose license has been classified	545
inactivein escrow.	546

(19) Establish a fee for approval of a continuing education	547
program under section 4713.62 of the Revised Code that is adequate	548
to cover any expense the board incurs in the approval process;	549

(20) Anything else necessary to implement this chapter.

550

(B)(1) The rules adopted under division (A)(2) of this	551
section may establish additional conditions for a temporary	552
pre-examination work permit under section 4713.22 of the Revised	553
Code that are applicable to persons who practice a branch of	554
cosmetology in another state or country.	555

(2) The rules adopted under division (A)(18)(b) of this	556
section may establish additional conditions for a temporary work	557
permit that are applicable to persons who practice a branch of	558
cosmetology in another state.	559

(C) The conditions specified in rules adopted under division	560
(A)(6) of this section may include that an applicant is applying	561
for a license to practice a branch of cosmetology for which the	562
board determines an examination is unnecessary.	563

(D) The rules adopted under division (A)(11) of this section	564
shall not include a profession if practice of the profession in a	565
salon is a violation of a statute or rule governing the	566
profession.	567

(E) The sanitary standards established under division (A)(15)	568
of this section shall focus in particular on precautions to be	569
employed to prevent infectious or contagious diseases being	570
created or spread. The board shall consult with the Ohio	571
department of health when establishing the sanitary standards.	572

(F) The fee established by rules adopted under division	573
(A)(16) of this section shall cover the cost the board incurs in	574
inspecting tanning facilities and enforcing the board's rules but	575
may not exceed one hundred dollars per location of such	576
facilities.	577

Sec. 4713.081. The state board of cosmetology shall furnish a	578
copy of the sanitary standards established by rules adopted under	579
section 4713.08 of the Revised Code to each person to whom the	580
board issues a practicing license, managing license, or license to	581
operate a salon or school of cosmetology. The board also shall	582
furnish a copy of the sanitary standards to each personindividual	583
providing cosmetic therapy, massage therapy, or other professional	584
service in a salon under section 4713.42 of the Revised Code. A	585
salon or school of cosmetology provided a copy of the sanitary	586
standards shall post the standards in a public and conspicuous	587
place in the salon or school.	588

Sec. 4713.09. The state board of cosmetology may adopt rules	589
in accordance with Chapter 119.section 4713.08 of the Revised	590
Code to establish a continuing education requirement, not to	591
exceed eighttwelve hours in a biennial licensing period, as a	592
condition of renewal for a practicing license, managing license,	593
or instructor license. In addition, the board shall require an	594
independent contractor to complete instruction in business and tax	595
as a condition of license renewal in an amount established by the	596
board in rules, not to exceed four hours.	597

An individual's completion of any corrective action course	598
required under division (B) of section 4713.64 of the Revised Code	599
shall not be accepted by the board as meeting any part of a	600
continuing education requirement established under this section or	601
the instruction required by this section.	602

Sec. 4713.10. (A) The state board of cosmetology shall	603
charge and collect the following fees:	604

(A)(1) For a temporary pre-examination work permit under	605
section 4713.22 of the Revised Code, five dollars;	606

(B)(2) For initial application to take an examination under	607
section 4713.24 of the Revised Code, twenty-one dollars;	608

(C)(3) For application to take an examination under section	609
4713.24 of the Revised Code by an applicant who has previously	610
applied to take, but failed to appear for, the examination, forty	611
dollars;	612

(D)(4) For application to re-take an examination under	613
section 4713.24 of the Revised Code by an applicant who has	614
previously appeared for, but failed to pass, the examination,	615
twenty-one dollars;	616

(E)(5) For the issuance of a license under section 4713.28,	617
4713.30, or 4713.31 of the Revised Code, thirty dollars;	618

(F)(6) For the issuance of a license under section 4713.34 of	619
the Revised Code, sixty dollars;	620

(G)(7) For renewal of a license issued under section 4713.28,	621
4713.30, 4713.31, or 4713.34 of the Revised Code, thirty dollars;	622

(H)(8) For the issuance or renewal of a cosmetology school	623
license, two hundred fifty dollars;	624

(I)(9) For the inspection and issuance of a new salon license	625
or the change of name or ownership of a salon license under	626
section 4713.41 of the Revised Code, sixty dollars;	627

(J)(10) For the renewal of a salon license under section	628
4713.41 of the Revised Code, fifty dollars;	629

(K)(11) For the restoration of an expireda license that may	630
be restored pursuant tounder section 4713.63 of the Revised Code,	631
and in addition to the payments for allan amount equal to the sum	632
of the following: the current renewal fee; any applicable late	633
fees; and, if one or more renewal periods have elapsed since the	634
license was valid, the lapsed renewal fees, thirty dollarsfor not	635
more than three of those renewal periods;	636

(L)(12) For the issuance of a duplicate of any license,	637
fifteen dollars;	638

(M)(13) For the preparation and mailing of a licensee's	639
records to another state for a reciprocity license, fifty dollars;	640

(N)(14) For the processing of any fees related to a check	641
from a licensee returned to the board for insufficient funds, an	642
additional twenty dollars.	643

(B) The board may establish an installment plan for the	644
payment of fines and fees and may reduce fees as considered	645
appropriate by the executive director.	646

(C) At the request of a person who is temporarily unable to	647
pay a fee imposed under division (A) of this section, or on its	648
own motion, the board may extend the date payment is due by up to	649
ninety days. If the fee remains unpaid after the date payment is	650
due, the amount of the fee shall be certified to the attorney	651
general for collection in the form and manner prescribed by the	652
attorney general. The attorney general may assess the collection	653
cost to the amount certified in such a manner and amount as	654
prescribed by the attorney general.	655

Sec. 4713.14.  No person shall do any of the following:

656

(A) Use fraud or deceit in making application for a license	657
or permit;	658

(B) Aid or abet any person:

659

(1) Violating this chapter or a rule adopted under it;

660

(2) Obtaining a license or permit fraudulently;

661

(3) Falsely pretending to hold a current, valid license or	662
permit.	663

(C) Practice a branch of cosmetology, for pay, free, or	664
otherwise, without one of the following authorizing the practice	665
of that branch of cosmetology:	666

(1) A current, valid license under section 4713.28, 4713.30,	667
or 4713.34 of the Revised Code;	668

(2) A current, valid temporary pre-examination work permit	669
issued under section 4713.22 of the Revised Code;	670

(3) A current, valid temporary special occasion work permit	671
issued under section 4713.37 of the Revised Code;	672

(4) A current, valid temporary work permit issued under rules	673
adopted by the board pursuant to section 4713.08 of the Revised	674
Code.	675

(D) Employ a personan individual to practice a branch of	676
cosmetology if the personindividual does not hold one of the	677
following authorizing the practice of that branch of cosmetology:	678

(1) A current, valid license under section 4713.28, 4713.30,	679
or 4713.34 of the Revised Code;	680

(2) A current, valid temporary pre-examination work permit	681
issued under section 4713.22 of the Revised Code;	682

(3) A current, valid temporary special occasion work permit	683
issued under section 4713.37 of the Revised Code;	684

(4) A current, valid temporary work permit issued under rules	685
adopted by the board pursuant to section 4713.08 of the Revised	686
Code.	687

(E) Manage a salon without a current, valid license issued	688
under section 4713.30 or 4713.34 of the Revised Code to manage	689
that type of salon;	690

(F) Except for apprentice instructors and as provided in	691
section 4713.45 of the Revised Code, teach the theory or practice	692
of a branch of cosmetology at a school of cosmetology without	693
either of the following authorizing the teaching of that branch of	694
cosmetology:	695

(1) A current, valid license under section 4713.31 or 4713.34	696
of the Revised Code;	697

(2) A current, valid temporary special occasion work permit	698
issued under section 4713.37 of the Revised Code.	699

(G) Advertise or operate a glamour photography service in	700
which a branch of cosmetology is practiced unless the person	701
individual practicing the branch of cosmetology holds either of	702
the following authorizing the practice of that branch of	703
cosmetology:	704

(1) A current, valid license under section 4713.28, 4713.30,	705
or 4713.34 of the Revised Code;	706

(2) A current, valid temporary special occasion work permit	707
issued under section 4713.37 of the Revised Code.	708

(H) Advertise or operate a glamour photography service in	709
which a branch of cosmetology is practiced at a location not	710
specified by rules adopted under section 4713.08 of the Revised	711
Code;	712

(I) Practice a branch of cosmetology at a salon in which the	713
person rents booth spaceas an independent contractor without a	714
current, valid independent contractor license issued under section	715
4713.39 of the Revised Code;	716

(J) Operate a salon without a current, valid license under	717
section 4713.41 of the Revised Code;	718

(K) Provide cosmetic therapy or massage therapy at a salon	719
for pay, free, or otherwise without a current, valid certificate	720
issued by the state medical board under section 4731.15 of the	721
Revised Code or provide any other professional service at a salon	722
for pay, free, or otherwise without a current, valid license or	723
certificate issued by the professional regulatory board of this	724
state that regulates the profession;	725

(L) Teach a branch of cosmetology at a salon, unless the	726
personindividual receiving the instruction holds either of the	727
following authorizing the practice of that branch of cosmetology:	728

(1) A current, valid license under section 4713.28, 4713.30,	729
or 4713.34 of the Revised Code;	730

(2) A current, valid temporary pre-examination work permit	731
issued under section 4713.22 of the Revised Code.	732

(M) Operate a school of cosmetology without a current, valid	733
license under section 4713.44 of the Revised Code;	734

(N) At a salon or school of cosmetology, do either of the	735
following:	736

(1) Use or possess a cosmetic product containing an	737
ingredient that the United States food and drug administration has	738
prohibited by regulation;	739

(2)(O) Use a cosmetic product in a manner inconsistent with a	740
restriction established by the United States food and drug	741
administration by regulation;	742

(3)(P) Use or possess a liquid nail monomer containing any	743
trace of methyl methacrylate (MMA).	744

(O)(Q) While in charge of a salon or school of cosmetology,	745
permit any personindividual to sleep in, or use for residential	746
purposes, any room used wholly or in part as the salon or school	747
of cosmetology;	748

(P)(R) Maintain, as an established place of business for the	749
practice of one or more of the branches of cosmetology, a room	750
used wholly or in part for sleeping or residential purposes;	751

(Q)(S)Treat as an independent contractor for purposes of	752
federal or state taxes or workers' compensation an individual the	753
person hired, sets the schedule of, or compensates by commission	754
or otherwise;	755

(T) Operate a tanning facility that is offered to the public	756
for a fee or other compensationotherwise without a current, valid	757
permit under section 4713.48 of the Revised Code;	758

(U) Use any of the services or arts that are part of the	759
practice of a branch of cosmetology to treat or attempt to cure a	760
physical or mental disease or ailment.	761

Sec. 4713.141. An inspector employed by the state board of	762
cosmetology may take a sample of a product used or sold in a salon	763
or school of cosmetology for the purpose of examining the sample,	764
or causing an examination of the sample to be made, to determine	765
whether division (N), (O), or (P) of section 4713.14 of the	766
Revised Code has been violated.	767

Should the results of the test prove that division (N), (O),	768
or (P) of section 4713.14 of the Revised Code has been violated,	769
the board shall take action in accordance with section 4713.64 of	770
the Revised Code. A fine imposed under that section shall include	771
the cost of the test. The person's license may be suspended or	772
revoked.	773

Sec. 4713.16. (A) This chapter does not prohibit any of the	774
following:	775

(A)(1) Practicing a branch of cosmetology without a license	776
if the personindividual does so for free at the person's	777
individual's home for a family member who resides in the same	778
household as the personindividual;	779

(B)(2) The retail sale, or trial demonstration by application	780
to the skin for purposes of retail sale, of cosmetics,	781
preparations, tonics, antiseptics, creams, lotions, wigs, or	782
hairpieces without a practicing license;	783

(C)(3) The retailing, at a salon, of cosmetics, preparations,	784
tonics, antiseptics, creams, lotions, wigs, hairpieces, clothing,	785
or any other items that pose no risk of creating unsanitary	786
conditions at the salon;	787

(D)(4) The provision of glamour photography services at a	788
licensed salon if either of the following is the case:	789

(1)(a) A branch of cosmetology is not practiced as part of	790
the services.	791

(2)(b) If a branch of cosmetology is practiced as part of the	792
services, the part of the services that is a branch of cosmetology	793
is performed by a personan individual who holds either of the	794
following authorizing the personindividual to practice that	795
branch of cosmetology:	796

(a)(i) A current, valid license under section 4713.28,	797
4713.30, or 4713.34 of the Revised Code;	798

(b)(ii) A current, valid temporary special occasion work	799
permit issued under section 4713.37 of the Revised Code.	800

(E)(5) A student engaging, as a student, in work connected	801
with a branch of cosmetology taught at the school of cosmetology	802
at which the student is enrolled.	803

(B) The following are exempt from the provisions of this	804
chapter, except, as applicable, section 4713.42 of the Revised	805
Code:	806

(1) All individuals authorized to practice medicine, surgery,	807
dentistry, and nursing or any of its branches in this state,	808
insofar as their usual and ordinary vocations and professions are	809
concerned;	810

(2) Commissioned surgical and medical officers of the United	811
States army, navy, air force, or marine hospital service when	812
engaged in the actual performance of their official duties, and	813
attendants attached to same;	814

(3) Barbers, insofar as their usual and ordinary vocation and	815
profession is concerned;	816

(4) Funeral directors, embalmers, and apprentices licensed or	817
registered under Chapter 4717. of the Revised Code;	818

(5) Persons who are engaged in the retail sale, cleaning, or	819
beautification of wigs and hairpieces but who do not engage in any	820
other act constituting the practice of a branch of cosmetology;	821

(6) Volunteers of hospitals, and homes as defined in section	822
3721.01 of the Revised Code, who render service to registered	823
patients and inpatients who reside in such hospitals or homes.	824
Such volunteers shall not use or work with any chemical products	825
such as permanent wave, hair dye, or chemical hair relaxer, which	826
without proper training would pose a health or safety problem to	827
the patient.	828

(7) Nurse aides and other employees of hospitals and homes as	829
defined in section 3721.01 of the Revised Code, who practice a	830
branch of cosmetology on registered patients only as part of	831
general patient care services and who do not charge patients	832
directly on a fee for service basis;	833

(8) Cosmetic therapists and massage therapists who hold	834
current, valid certificates to practice cosmetic or massage	835
therapy issued by the state medical board under section 4731.15 of	836
the Revised Code, to the extent their actions are authorized by	837
their certificates to practice;	838

(9) Inmates who provide services related to a branch of	839
cosmetology to other inmates, except when those services are	840
provided in a licensed school of cosmetology within a state	841
correctional institution for females.	842

(C) The director of rehabilitation and correction shall	843
oversee the services described in division (B)(9) of this section	844
with respect to sanitation and adopt rules governing those types	845
of services provided by inmates.	846

Sec. 4713.20. (A) Each personindividual who seeks admission	847
to an examination conducted under section 4713.24 of the Revised	848
Code and each person who seeks a license under this chapter shall	849
do allsubmit both of the following:	850

(1) Submit to the state board of cosmetology a written	851
application containing:	852

(A) As part of a license application, proof of the following:

853

(a) If the person seeks admission to an examination, that the	854
personindividual satisfies all conditions to obtain the license	855
for which the examination is conducted, other than the requirement	856
to have passed the examination;	857

(b) If the person seeks a license, that the person satisfies	858
all conditions for obtaining the license.	859

(2) Pay to the board the applicable fee;

860

(3) Verify by oath that the application is true.

861

(B) An application to operate a salon or school of	862
cosmetology may be submitted by the owner, manager, or person in	863
charge of the salon or schoolA set of the individual's	864
fingerprint impressions.	865

Sec. 4713.21. Both of the following may apply again under	866
section 4713.20 of the Revised Code for admission to an	867
examination conducted under section 4713.24 of the Revised Code:	868

(A) A personAn individual who failed to appear for an	869
examination that the personindividual was previously scheduled to	870
take;	871

(B) A personAn individual who appeared for a previously	872
scheduled examination but failed to pass it.	873

Sec. 4713.22. (A) The state board of cosmetology shall issue	874
a temporary pre-examination work permit to a personan individual	875
who applies under section 4713.20 of the Revised Code for	876
admission to an examination conducted under section 4713.24 of the	877
Revised Code, if the personindividual satisfies all of the	878
following conditions:	879

(1) Is seeking a practicing license;

880

(2) Has not previously failed an examination conducted under	881
section 4713.24 of the Revised Code to determine the applicant's	882
fitness to practice the branch of cosmetology for which the person	883
individual seeks a license;	884

(3) Pays to the board the applicable fee;

885

(4) Satisfies all other conditions established by rules	886
adopted under section 4713.08 of the Revised Code.	887

(B) A personAn individual issued a temporary pre-examination	888
work permit may practice the branch of cosmetology for which the	889
personindividual seeks a license until the date the person	890
individual is scheduled to take an examination under section	891
4713.24 of the Revised Code. The personindividual shall practice	892
under the supervision of a personan individual holding a current,	893
valid managing license appropriate for the type of salon in which	894
the permit holder practices. A temporary pre-examination work	895
permit is renewable in accordance with rules adopted under section	896
4713.08 of the Revised Code.	897

Sec. 4713.24. (A) The state board of cosmetology shall	898
conduct an examination for each personindividual who satisfies	899
the requirements established by section 4713.20 of the Revised	900
Code for admission to the examination. The board may develop and	901
administer the appropriate examination or enter into an agreement	902
with a national testing service to develop the examination,	903
administer it, or both. The	904

(B) The examination shall be specific to the type of license	905
the personindividual seeks and satisfy all of the following	906
conditions:	907

(A)(1) Include both practical demonstrations and written or	908
oral tests related to the type of license the personindividual	909
seeks;	910

(B)(2) Relate only to a branch of cosmetology, managing	911
license, or both, but not be confined to any special system or	912
method;	913

(C)(3) Be consistent in both practical and technical	914
requirements for the type of license the personindividual seeks;	915

(D)(4) Be of sufficient thoroughness to satisfy the board as	916
to the person'sindividual's skill in and knowledge of the branch	917
of cosmetology, managing license, or both, for which the	918
examination is conducted.	919

(C) The board shall adopt rules regarding the equipment or	920
supplies an individual is required to bring to the examination.	921

(D) The questions developed for the examination and the	922
practical demonstrations used in the testing process shall not be	923
released by the board, except for the following purposes:	924

(1) Review or rewriting of any part of the examination on a	925
periodic basis as prescribed in rules adopted under section	926
4713.08 of the Revised Code;	927

(2) Testing of individuals in another state for admission to	928
the profession of cosmetology or any of its branches as required	929
under a contract or by means of a license with that state.	930

(E) The examination papers and the scored results of the	931
practical demonstrations of each individual examined by the board	932
shall be open for inspection by the individual or the individual's	933
attorney for at least ninety days following the announcement of	934
the individual's grade, except for papers that under the terms of	935
a contract with a testing service are not available for	936
inspection. On written request of an individual or the	937
individual's attorney made to the board not later than ninety days	938
after announcement of the individual's grade, the board shall have	939
the individual's examination papers re-graded manually.	940

Sec. 4713.25. The state board of cosmetology may administer a	941
separate managing braider examination for individuals who complete	942
a managing braider training course separate from a braider	943
training course. The board may combine the managing braider	944
examination with the braider examination for individuals who	945
complete a combined three hundred-hour braider and managing	946
braider training course.	947

The board may administer a separate managing cosmetologist	948
examination for personsindividuals who complete a managing	949
cosmetologist training course separate from a cosmetologist	950
training course. The board may combine the managing cosmetologist	951
examination with the cosmetologist examination for persons	952
individuals who complete a combined eighteen hundred-hour	953
cosmetologist and managing cosmetologist training course.	954

The board may administer a separate managing esthetician	955
examination for personsindividuals who complete a managing	956
esthetician training course separate from an esthetician training	957
course. The board may combine the managing esthetician examination	958
with the esthetician examination for personsindividuals who	959
complete a combined seven hundred fifty-hour esthetician and	960
managing esthetician training course.	961

The board may administer a separate managing hair designer	962
examination for personsindividuals who complete a managing hair	963
designer training course separate from a hair designer training	964
course. The board may combine the managing hair designer	965
examination with the hair designer examination for persons	966
individuals who complete a combined one thousand four hundred	967
forty-hour hair designer and managing hair designer training	968
course.	969

The board may administer a separate managing manicurist	970
examination for personsindividuals who complete a managing	971
manicurist training course separate from a manicurist training	972
course. The board may combine the managing manicurist examination	973
with the manicurist examination for personsindividuals who	974
complete a combined three hundred-hour manicurist and managing	975
manicurist training course.	976

The board may administer a separate managing natural hair	977
stylist examination for personsindividuals who complete a	978
managing natural hair stylist training course separate from a	979
natural hair stylist training course. The board may combine the	980
managing natural hair stylist examination with the natural hair	981
stylist examination for personsindividuals who complete a	982
combined six hundred-hour natural hair stylist and managing	983
natural hair stylist training course.	984

The board may administer a separate managing threader	985
examination for individuals who complete a managing threader	986
training course separate from a threader training course. The	987
board may combine the managing threader examination with the	988
threader examination for individuals who complete a combined three	989
hundred-hour threader and managing threader training course.	990

Sec. 4713.26. Each personindividual admitted to an	991
examination conducted under section 4713.24 of the Revised Code	992
shall furnish the person'sindividual's own model.	993

Sec. 4713.28. (A) An individual who seeks a practicing	994
license from the state board of cosmetology shall submit a written	995
application on a form furnished by the board. The application	996
shall contain all of the following:	997

(1) The name of the individual and any other identifying	998
information required by the board;	999

(2) A recent photograph of the individual that meets	1000
specifications established by the board;	1001

(3) A photocopy of the individual's current driver's license	1002
or other proof of legal residence in this state or a contiguous	1003
state;	1004

(4) Proof that the individual is qualified to take the	1005
applicable examination as required by section 4713.20 of the	1006
Revised Code;	1007

(5) An oath verifying the application is true;

1008

(6) The applicable fee.

1009

(B) The state board of cosmetology shall issue a practicing	1010
license to an applicant who, except as provided in section 4713.30	1011
of the Revised Code, satisfies all of the following applicable	1012
conditions:	1013

(A)(1) Is at least sixteen years of age;

1014

(B)(2) Is of good moral character;

1015

(C)(3) Has graduated from an Ohio high school, has the	1016
equivalent of an Ohio publichigh school tenth grade education	1017
diploma, or has taken an ability-to-benefit test that is approved	1018
by the United States department of education and administered	1019
under the department's guidelines and has attained a score that	1020
the board considers to be satisfactory evidence of possessing at	1021
least a tenth-grade level education;	1022

(D)(4) Passes an examination conducted under section 4713.24	1023
of the Revised Code for the branch of cosmetology the applicant	1024
seeks to practice;	1025

(E)(5) Pays to the board the applicable fee;

1026

(F)(6) Shows proof of legal residency in the United States;

1027

(7) In the case of an applicant for an initial braider	1028
license, has successfully completed at least one hundred fifty	1029
hours of instruction in a school of cosmetology licensed in this	1030
state in subjects related to sanitation, scalp care, anatomy, hair	1031
braiding, communication skills, and laws and rules governing the	1032
practice of cosmetology;	1033

(8) In the case of an applicant for an initial cosmetologist	1034
license, has successfully completed at least fifteenone thousand	1035
five hundred hours of board-approved cosmetology training in a	1036
school of cosmetology licensed in this state, except that only one	1037
thousand hours of board-approved cosmetology training in a school	1038
of cosmetology licensed in this state is required of a person	1039
licensed as a barber under Chapter 4709. of the Revised Code;	1040

(G)(9) In the case of an applicant for an initial esthetician	1041
license, has successfully completed at least six hundred hours of	1042
board-approved esthetics training in a school of cosmetology	1043
licensed in this state;	1044

(H)(10) In the case of an applicant for an initial hair	1045
designer license, has successfully completed at least one thousand	1046
two hundred hours of board-approved hair designer training in a	1047
school of cosmetology licensed in this state, except that only one	1048
thousand hours of board-approved hair designer training in a	1049
school of cosmetology licensed in this state is required of a	1050
person licensed as a barber under Chapter 4709. of the Revised	1051
Code;	1052

(I)(11) In the case of an applicant for an initial manicurist	1053
license, has successfully completed at least two hundred hours of	1054
board-approved manicurist training in a school of cosmetology	1055
licensed in this state;	1056

(J)(12) In the case of an applicant for an initial natural	1057
hair stylist license, has successfully completed at least four	1058
hundred fifty hours of instruction in subjects relating to	1059
sanitation, scalp care, anatomy, hair styling, communication	1060
skills, and laws and rules governing the practice of cosmetology;	1061

(13) In the case of an applicant for an initial threader	1062
license, has successfully completed at least one hundred fifty	1063
hours of instruction in a school of cosmetology licensed in this	1064
state in subjects related to sanitation, anatomy, threading,	1065
communication skills, and laws and rules governing the practice of	1066
cosmetology.	1067

(K)(C) The board shall not deny a license to any applicant	1068
based on prior incarceration or conviction for any crime. If the	1069
board denies an individual a license or license renewal, the	1070
reasons for such denial shall be put in writing.	1071

Sec. 4713.29. In accordance with rules adopted under section	1072
4713.08 of the Revised Code, the state board of cosmetology, upon	1073
a vote of the majority of the board, may waive a condition	1074
established by section 4713.28 of the Revised Code for a license	1075
to practice a branch of cosmetology for an applicant who practices	1076
that branch of cosmetology in a state or country that does not	1077
license or register branches of cosmetology.	1078

Sec. 4713.30. (A) An individual who seeks a managing license	1079
from the state board of cosmetology shall submit a written	1080
application on a form furnished by the board. The application	1081
shall contain all of the following:	1082

(1) The name of the individual and any other identifying	1083
information required by the board;	1084

(2) A recent photograph of the individual that meets	1085
specifications established by the board;	1086

(3) A photocopy of the individual's current driver's license	1087
or other proof of legal residence in this state or a contiguous	1088
state;	1089

(4) Proof that the individual is qualified to take the	1090
applicable examination as required by section 4713.20 of the	1091
Revised Code;	1092

(5) An oath verifying the application is true;

1093

(6) The applicable fee.

1094

(B) The state board of cosmetology shall issue a managing	1095
license to an applicant who satisfies all of the following	1096
applicable conditions:	1097

(A)(1) Is at least sixteen years of age;

1098

(B)(2) Is of good moral character;

1099

(C)(3) Has graduated from an Ohio high school, has the	1100
equivalent of an Ohio publichigh school tenth grade education	1101
diploma, or has taken an ability-to-benefit test that is approved	1102
by the United States department of education and administered	1103
under the department's guidelines and has attained a score that	1104
the board considers to be satisfactory evidence of possessing at	1105
least a tenth-grade level education;	1106

(D)(4) Pays to the board the applicable fee;

1107

(E)(5) Passes the appropriate managing license examination;

1108

(F)(6) Has a current, active practicing license or is	1109
qualified to sit for an examination for both a practicing license	1110
and a managing license at the same time;	1111

(7) In the case of an applicant for an initial managing	1112
braider license, does either of the following:	1113

(a) Has the licensed managing braider, licensed managing	1114
cosmetologist, or owner of a licensed braiding salon or licensed	1115
beauty salon located in this or another state for whom the	1116
applicant performed services in a licensed salon certify to the	1117
board that the applicant has practiced braiding for at least two	1118
thousand hours as a braider in a licensed braiding salon or as a	1119
cosmetologist in a licensed beauty salon;	1120

(b) Has a school of cosmetology licensed in this state	1121
certify to the board that the applicant has successfully	1122
completed, in addition to the hours required for licensure as a	1123
braider or a cosmetologist, at least one hundred fifty hours of	1124
board-approved managing braider training.	1125

(8) In the case of an applicant for an initial managing	1126
cosmetologist license, does either of the following:	1127

(1)(a) Has a licensed managing cosmetologist or owner of a	1128
licensed beauty salon located in this or another state for whom	1129
the applicant performed services in a licensed salon certify to	1130
the board that the applicant has practiced as a cosmetologist for	1131
at least two thousand hours in a licensed beauty salon;	1132

(2)(b) Has a school of cosmetology licensed in this state	1133
certify to the board that the applicant has successfully	1134
completed, in addition to the hours required for licensure as a	1135
cosmetologist, at least three hundred hours of board-approved	1136
managing cosmetologist training.	1137

(G)(9) In the case of an applicant for an initial managing	1138
esthetician license, does either of the following:	1139

(1)(a) Has the licensed managing esthetician, licensed	1140
managing cosmetologist, or owner of a licensed esthetics salon or	1141
licensed beauty salon located in this or another state for whom	1142
the applicant performed services in a licensed salon certify to	1143
the board that the applicant has practiced esthetics for at least	1144
two thousand hours as an esthetician in a licensed esthetics salon	1145
or as a cosmetologist in a licensed beauty salon;	1146

(2)(b) Has a school of cosmetology licensed in this state	1147
certify to the board that the applicant has successfully	1148
completed, in addition to the hours required for licensure as an	1149
esthetician or cosmetologist, at least one hundred fifty hours of	1150
board-approved managing esthetician training.	1151

(H)(10) In the case of an applicant for an initial managing	1152
hair designer license, does either of the following:	1153

(1)(a) Has the licensed managing hair designer, licensed	1154
managing cosmetologist, or owner of a licensed hair design salon	1155
or licensed beauty salon located in this or another state for whom	1156
the applicant performed services in a licensed salon certify to	1157
the board that the applicant has practiced hair design for at	1158
least two thousand hours as a hair designer in a licensed hair	1159
design salon or as a cosmetologist in a licensed beauty salon;	1160

(2)(b) Has a school of cosmetology licensed in this state	1161
certify to the board that the applicant has successfully	1162
completed, in addition to the hours required for licensure as a	1163
hair designer or cosmetologist, at least two hundred forty hours	1164
of board-approved managing hair designer training.	1165

(I)(11) In the case of an applicant for an initial managing	1166
manicurist license, does either of the following:	1167

(1)(a) Has the licensed managing manicurist, licensed	1168
managing cosmetologist, or owner of a licensed nail salon,	1169
licensed beauty salon, or licensed barber shop located in this or	1170
another state for whom the applicant performed services in a	1171
licensed salon or barber shop certify to the board that the	1172
applicant has practiced manicuring for at least two thousand hours	1173
as a manicurist in a licensed nail salon or licensed barber shop	1174
or as a cosmetologist in a licensed beauty salon or licensed	1175
barber shop;	1176

(2)(b) Has a school of cosmetology licensed in this state	1177
certify to the board that the applicant has successfully	1178
completed, in addition to the hours required for licensure as a	1179
manicurist or cosmetologist, at least one hundred hours of	1180
board-approved managing manicurist training.	1181

(J)(12) In the case of an applicant for an initial managing	1182
natural hair stylist license, does either of the following:	1183

(1)(a) Has the licensed managing natural hair stylist,	1184
licensed managing cosmetologist, or owner of a licensed natural	1185
hair style salon or licensed beauty salon located in this or	1186
another state for whom the applicant performed services in a	1187
licensed salon certify to the board that the applicant has	1188
practiced natural hair styling for at least two thousand hours as	1189
a natural hair stylist in a licensed natural hair style salon or	1190
as a cosmetologist in a licensed beauty salon;	1191

(2)(b) Has a school of cosmetology licensed in this state	1192
certify to the board that the applicant has successfully	1193
completed, in addition to the hours required for licensure as	1194
natural hair stylist or cosmetologist, at least one hundred fifty	1195
hours of board-approved managing natural hair stylist training.	1196

(13) In the case of an applicant for an initial managing	1197
threader license, does either of the following:	1198

(a) Has the licensed managing threader, licensed managing	1199
cosmetologist, or owner of a licensed threading salon or licensed	1200
beauty salon in which the applicant has been employed in this or	1201
another state for whom the applicant performed services in a	1202
licensed salon certify to the board that the applicant has	1203
practiced threading for at least two thousand hours as a threader	1204
in a licensed threading salon or as a cosmetologist in a licensed	1205
beauty salon;	1206

(b) Has a school of cosmetology licensed in this state	1207
certify to the board that the applicant has successfully	1208
completed, in addition to the hours required for licensure as a	1209
threader or a cosmetologist, at least one hundred fifty hours of	1210
board-approved managing threader training.	1211

Sec. 4713.31. (A) An individual who seeks an instructor	1212
license from the state board of cosmetology shall submit a written	1213
application on a form furnished by the board. The application	1214
shall contain all of the following:	1215

(1) The name of the individual and any other identifying	1216
information required by the board;	1217

(2) A recent photograph of the individual that meets	1218
specifications established by the board;	1219

(3) A photocopy of the individual's current driver's license	1220
or other proof of legal residence in this state or a contiguous	1221
state;	1222

(4) Proof that the individual satisfies all conditions to	1223
obtain the license;	1224

(5) An oath verifying the application is true;

1225

(6) The applicable fee.

1226

(B) The state board of cosmetology shall issue an instructor	1227
license to an applicant who satisfies all of the following	1228
applicable conditions:	1229

(A)(1) Is at least eighteen years of age;

1230

(B)(2) Is of good moral character;

1231

(C)(3) Has graduated from an Ohio high school, has the	1232
equivalent of an Ohio publichigh school twelfth grade education	1233
diploma, or has taken an ability-to-benefit test that is approved	1234
by the United States department of education and administered	1235
under the department's guidelines and has attained a score that	1236
the board considers to be satisfactory evidence of possessing at	1237
least a tenth-grade level education;	1238

(D)(4) Pays to the board the applicable fee;

1239

(E)(5) In the case of an applicant for an initial braiding	1240
instructor license, holds a current, valid managing braider	1241
license or managing cosmetologist license and does either of the	1242
following:	1243

(a) Has the licensed managing braider, licensed managing	1244
cosmetologist, or owner of a licensed braiding salon or licensed	1245
beauty salon in which the applicant has been employed in this or	1246
another state for whom the applicant performed services in a	1247
licensed salon certify to the board that the applicant has engaged	1248
in the practice of braiding in a licensed braiding salon or the	1249
practice of cosmetology in a licensed beauty salon for at least	1250
two thousand hours;	1251

(b) Has a school of cosmetology licensed in this state	1252
certify to the board that the applicant has successfully completed	1253
at least one hundred fifty hours of board-approved braiding	1254
instructor training as an apprentice instructor.	1255

(6) In the case of an applicant for an initial cosmetology	1256
instructor license, holds a current, valid managing cosmetologist	1257
license issued in this state and does either of the following:	1258

(1)(a) Has the licensed managing cosmetologist or owner of	1259
the licensed beauty salon in which the applicant has been employed	1260
in this or another state for whom the applicant performed services	1261
in a licensed salon certify to the board that the applicant has	1262
engaged in the practice of cosmetology in a licensed beauty salon	1263
for at least two thousand hours;	1264

(2)(b) Has a school of cosmetology licensed in this state	1265
certify to the board that the applicant has successfully completed	1266
one thousand hours of board-approved cosmetology instructor	1267
training as an apprentice instructor.	1268

(F)(7) In the case of an applicant for an initial esthetics	1269
instructor license, holds a current, valid managing esthetician or	1270
managing cosmetologist license issued in this state and does	1271
either of the following:	1272

(1)(a) Has the licensed managing esthetician, licensed	1273
managing cosmetologist, or owner of the licensed esthetics salon	1274
or licensed beauty salon in which the applicant has been employed	1275
in this or another state for whom the applicant performed services	1276
in a licensed salon certify to the board that the applicant has	1277
engaged in the practice of esthetics in a licensed esthetics salon	1278
or practice of cosmetology in a licensed beauty salon for at least	1279
two thousand hours;	1280

(2)(b) Has a school of cosmetology licensed in this state	1281
certify to the board that the applicant has successfully completed	1282
at least five hundred hours of board-approved esthetics instructor	1283
training as an apprentice instructor.	1284

(G)(8) In the case of an applicant for an initial hair design	1285
instructor license, holds a current, valid managing hair designer	1286
or managing cosmetologist license and does either of the	1287
following:	1288

(1)(a) Has the licensed managing hair designer, licensed	1289
managing cosmetologist, or owner of the licensed hair design salon	1290
or licensed beauty salon in which the applicant has been employed	1291
in this or another state for whom the applicant performed services	1292
in a licensed salon certify to the board that the applicant has	1293
engaged in the practice of hair design in a licensed hair design	1294
salon or practice of cosmetology in a licensed beauty salon for at	1295
least two thousand hours;	1296

(2)(b) Has a school of cosmetology licensed in this state	1297
certify to the board that the applicant has successfully completed	1298
at least eight hundred hours of board-approved hair design	1299
instructor's training as an apprentice instructor.	1300

(H)(9) In the case of an applicant for an initial manicurist	1301
instructor license, holds a current, valid managing manicurist or	1302
managing cosmetologist license and does either of the following:	1303

(1)(a) Has the licensed managing manicurist, licensed	1304
managing cosmetologist, or owner of the licensed nail salon or	1305
licensed beauty salon in which the applicant has been employed in	1306
this or another state for whom the applicant performed services in	1307
a licensed salon certify to the board that the applicant has	1308
engaged in the practice of manicuring in a licensed nail salon or	1309
practice of cosmetology in a licensed beauty salon for at least	1310
two thousand hours;	1311

(2)(b) Has a school of cosmetology licensed in this state	1312
certify to the board that the applicant has successfully completed	1313
at least three hundred hours of board-approved manicurist	1314
instructor training as an apprentice instructor.	1315

(I)(10) In the case of an applicant for an initial natural	1316
hair style instructor license, holds a current, valid managing	1317
natural hair stylist or managing cosmetologist license and does	1318
either of the following:	1319

(1)(a) Has the licensed managing natural hair stylist,	1320
licensed managing cosmetologist, or owner of the licensed natural	1321
hair style salon or licensed beauty salon in which the applicant	1322
has been employed in this or another state for whom the applicant	1323
performed services in a licensed salon certify to the board that	1324
the applicant has engaged in the practice of natural hair styling	1325
in a licensed natural hair style salon or practice of cosmetology	1326
in a licensed beauty salon for at least two thousand hours;	1327

(2)(b) Has a school of cosmetology licensed in this state	1328
certify to the board that the applicant has successfully completed	1329
at least four hundred hours of board-approved natural hair style	1330
instructor training as an apprentice instructor.	1331

(11) In the case of an applicant for an initial threading	1332
instructor license, holds a current, valid managing threader	1333
license or managing cosmetologist license and does either of the	1334
following:	1335

(a) Has the licensed managing threader, licensed managing	1336
cosmetologist, or owner of the licensed threading salon or	1337
licensed beauty salon in which the applicant has been employed in	1338
this or another state for whom the applicant performed services in	1339
a licensed salon certify to the board that the applicant has	1340
engaged in the practice of threading in a licensed threading salon	1341
or the practice of cosmetology in a licensed beauty salon for at	1342
least two thousand hours;	1343

(b) Has a school of cosmetology licensed in this state	1344
certify to the board that the applicant has successfully completed	1345
at least one hundred fifty hours of board-approved threading	1346
instructor training as an apprentice instructor.	1347

Sec. 4713.32. When determining the total hours of instruction	1348
received by an applicant for a license under section 4713.28,	1349
4713.30, or 4713.31 of the Revised Codethis chapter, the state	1350
board of cosmetology shall not take into account more than ten	1351
hours of instruction per day. The board shall take into account	1352
instruction received more than five years prior to the date of	1353
application for the license in accordance with rules adopted under	1354
section 4713.08 of the Revised Code.	1355

Sec. 4713.34.  The state board of cosmetology shall issue a	1356
license to practice a branch of cosmetology, managing license, or	1357
instructor license to an applicant who is licensed or registered	1358
in another state or country to practice that branch of	1359
cosmetology, manage that type of salon, or teach the theory and	1360
practice of that branch of cosmetology, as appropriate, if all of	1361
the following conditions are satisfied:	1362

(A) The applicant satisfies all of the following conditions:

1363

(1) Is not less than eighteen years of age;

1364

(2) Is of good moral character;

1365

(3) Shows proof of legal residence in the United States;

1366

(4) Provides a recent photograph of the applicant that meets	1367
specifications established by the board;	1368

(5) In the case of an applicant for a practicing license or	1369
managing license, passes ana practical and theory examination	1370
conducted under section 4713.24 of the Revised Code for the	1371
license the applicant seeks, unless the applicant satisfies	1372
conditions specified in rules adopted under section 4713.08 of the	1373
Revised Code for the board to issue the applicant a license	1374
without taking the examination;	1375

(4)(6) Pays the applicable fee.

1376

(B) At the time the applicant obtained the license or	1377
registration in the other state or country, the requirements in	1378
this state for obtaining the license the applicant seeks were	1379
substantially equal to the other state or country's requirements.	1380

(C) The jurisdiction that issued the applicant's license or	1381
registration extends similar reciprocity to personsindividuals	1382
holding a license issued by the board.	1383

Sec. 4713.35. A personAn individual who holds a current,	1384
valid braider license issued by the state board of cosmetology may	1385
engage in the practice of braiding but no other branch of	1386
cosmetology.	1387

An individual who holds a current, valid cosmetologist	1388
license issued by the state board of cosmetology may engage in the	1389
practice of one or more branches of cosmetology as the person	1390
individual chooses.	1391

A personAn individual who holds a current, valid esthetician	1392
license issued by the board may engage in the practice of	1393
esthetics but no. The individual may not engage in any other	1394
branch of cosmetology, except to the extent that the activities	1395
included in the practice of threading are also part of the	1396
practice of esthetics.	1397

A personAn individual who holds a current, valid hair	1398
designer license issued by the board may engage in the practice of	1399
hair design but no. The individual may not engage in any other	1400
branch of cosmetology, except to the extent that the activities	1401
included in the practice of braiding are also part of the practice	1402
of hair design.	1403

A personAn individual who holds a current, valid manicurist	1404
license issued by the board may engage in the practice of	1405
manicuring but no other branch of cosmetology.	1406

A personAn individual who holds a current, valid natural	1407
hair stylist license issued by the board may engage in the	1408
practice of natural hair styling but no. The individual may not	1409
engage in any other branch of cosmetology, except to the extent	1410
that the activities included in the practice of braiding are also	1411
part of the practice of natural hair styling.	1412

An individual who holds a current, valid threading license	1413
issued by the board may engage in the practice of threading but no	1414
other branch of cosmetology.	1415

An individual who holds a current, valid managing braider	1416
license issued by the board may manage a braiding salon, but no	1417
other type of salon, and engage in the practice of braiding but no	1418
other branch of cosmetology.	1419

A personAn individual who holds a current, valid managing	1420
cosmetologist license issued by the board may manage all types of	1421
salons and engage in the practice of one or more branches of	1422
cosmetology as the personindividual chooses.	1423

A personAn individual who holds a current, valid managing	1424
esthetician license issued by the board may manage an esthetics	1425
salon, but no other type of salon, and. The individual may engage	1426
in the practice of esthetics, but nomay not engage in any other	1427
branch of cosmetology, except to the extent that the activities	1428
included in the practice of threading are also part of the	1429
practice of esthetics.	1430

A personAn individual who holds a current, valid managing	1431
hair designer license issued by the board may manage a hair design	1432
salon, but no other type of salon, and. The individual may engage	1433
in the practice of hair design, but nomay not engage in any other	1434
branch of cosmetology, except to the extent that the activities	1435
included in the practice of braiding are also part of the practice	1436
of hair design.	1437

A personAn individual who holds a current, valid managing	1438
manicurist license issued by the board may manage a nail salon,	1439
but no other type of salon, and engage in the practice of	1440
manicuring, but no other branch of cosmetology.	1441

A personAn individual who holds a current, valid managing	1442
natural hair stylist license issued by the board may manage a	1443
natural hair style salon, but no other type of salon, and. The	1444
individual may engage in the practice of natural hair styling, but	1445
nomay not engage in any other branch of cosmetology, except to	1446
the extent that the activities included in the practice of	1447
braiding are also part of the practice of natural hair styling.	1448

An individual who holds a current, valid managing threading	1449
license issued by the board may manage a threading salon, but no	1450
other type of salon, and engage in the practice of threading, but	1451
no other branch of cosmetology.	1452

An individual who holds a current, valid braiding instructor	1453
license issued by the board may teach at a school of cosmetology	1454
the theory and practice of braiding, but no other branch of	1455
cosmetology.	1456

A personAn individual who holds a current, valid cosmetology	1457
instructor license issued by the board may teach the theory and	1458
practice of one or more branches of cosmetology at a school of	1459
cosmetology as the personindividual chooses.	1460

A personAn individual who holds a current, valid esthetics	1461
instructor license issued by the board may teach at a school of	1462
cosmetology the theory and practice of esthetics, but nomay not	1463
teach the theory and practice of any other branch of cosmetology,	1464
at a school of cosmetologyexcept to the extent that the theory	1465
and practice of threading are also part of the theory and practice	1466
of esthetics.	1467

A personAn individual who holds a current, valid hair design	1468
instructor license issued by the board may teach at a school of	1469
cosmetology the theory and practice of hair design, but nomay not	1470
teach the theory and practice of any other branch of cosmetology,	1471
at a school of cosmetologyexcept to the extent that the theory	1472
and practice of braiding are also part of the theory and practice	1473
of hair design.	1474

A personAn individual who holds a current, valid manicurist	1475
instructor license issued by the board may teach the theory and	1476
practice of manicuring, but no other branch of cosmetology, at a	1477
school of cosmetology.	1478

A personAn individual who holds a current, valid natural	1479
hair style instructor license issued by the board may teach at a	1480
school of cosmetology the theory and practice of natural hair	1481
styling, but nomay not teach the theory and practice of any other	1482
branch of cosmetology, at a school of cosmetologyexcept to the	1483
extent that the theory and practice of braiding are also part of	1484
the theory and practice of natural hair styling.	1485

An individual who holds a current threading instructor	1486
license issued by the board may teach the theory and practice of	1487
threading, but no other branch of cosmetology, at a school of	1488
cosmetology.	1489

Sec. 4713.37. (A) The state board of cosmetology may issue a	1490
temporary special occasion work permit to a personan individual	1491
who satisfies all of the following conditions:	1492

(1) Has been licensed or registered in another state or	1493
country to practice a branch of cosmetology or teach the theory	1494
and practice of a branch of cosmetology for at least five years;	1495

(2) Is a recognized expert in the practice or teaching of the	1496
branch of cosmetology the personindividual practices or teaches;	1497

(3) Is to practice that branch of cosmetology or teach the	1498
theory and practice of that branch of cosmetology in this state as	1499
part of a promotional or instructional program for not more than	1500
the amount of time a temporary special occasion work permit is	1501
effective;	1502

(4) Satisfies all other conditions for a temporary special	1503
occasion work permit established by rules adopted under section	1504
4713.08 of the Revised Code;	1505

(5) Pays the fee established by rules adopted under section	1506
4713.08 of the Revised Code.	1507

(B) A personAn individual issued a temporary special	1508
occasion work permit may practice the branch of cosmetology the	1509
personindividual practices in another state or country, or teach	1510
the theory and practice of the branch of cosmetology the person	1511
individual teaches in another state or country, until the	1512
expiration date of the permit. A temporary special occasion work	1513
permit is valid for the period of time specified in rules adopted	1514
under section 4713.08 of the Revised Code.	1515

Sec. 4713.39.  (A) An individual who holds a current valid	1516
manager's license shall be granted a license to practice as an	1517
independent contractor in the branch of cosmetology for which the	1518
manager's license was issued if the individual does all of the	1519
following:	1520

(1) Completes an application on a form furnished by the state	1521
board of cosmetology that includes the individual's name, physical	1522
and electronic mail address, telephone number, and any other	1523
information required by rules adopted by the board under section	1524
4713.08 of the Revised Code;	1525

(2) Submits to the board a signed statement attesting that	1526
the individual will comply with division (B) of this section.	1527

(B) The holder of an independent contractor license shall do	1528
all of the following:	1529

(1) Practice in a space the individual rents in a licensed	1530
salon and post the independent contractor license in that space;	1531

(2) Supply all of the supplies the individual will use in the	1532
practice;	1533

(3) Set the individual's own schedule;

1534

(4) Pay all applicable taxes and comply with any applicable	1535
state or federal law or local ordinance;	1536

(5) Pay for any insurance coverage.

1537

(C) An independent contractor who rents space in a salon	1538
shall enter into a contract with the salon or the salon's owner.	1539
The contract shall specify the business relationship between the	1540
parties and the responsibilities of each party. The salon or salon	1541
owner shall comply with all applicable state and federal laws and	1542
local ordinances.	1543

Sec. 4713.41. (A) A person who seeks a license to operate a	1544
salon from the state board of cosmetology shall submit a written	1545
application on a form furnished by the board. The application	1546
shall contain all of the following:	1547

(1) The name of the person, the location of the salon, and	1548
any other identifying information required by the board;	1549

(2) A recent photograph of the individual signing the	1550
application that meets specifications established by the board;	1551

(3) A photocopy of the current driver's license of the	1552
individual signing the application or other proof of the	1553
individual's legal residence in this state or a contiguous state;	1554

(4) Proof that the person satisfies all conditions to obtain	1555
the license;	1556

(5) An oath verifying the application is true;

1557

(6) The applicable fee.

1558

An application for a license to operate a salon may be	1559
submitted by the owner, manager, or individual in charge of the	1560
salon.	1561

(B) The state board of cosmetology shall issue a license to	1562
operate a salon to an applicant who pays the applicable fee and	1563
affirms that all of the following conditions will be met:	1564

(A)(1) A person(a) An individual holding a current, valid	1565
managing cosmetologist license or license to manage that type of	1566
salon has charge of and immediate supervision over the salon at	1567
all times when the salon is open for business except as permitted	1568
under division (A)(2)(B)(1)(b) of this section.	1569

(2)(b) A business establishment that is engaged primarily in	1570
retail sales but is also licensed as a salon shall have a person	1571
an individual holding a current, valid managing license for that	1572
type of salon in charge of and in immediate supervision of the	1573
salon during posted or advertised service hours, if the practice	1574
of cosmetology is restricted to those posted or advertised service	1575
hours.	1576

(B)(2) The salon is equipped to do all of the following:

1577

(1)(a) Provide potable running hot and cold water and proper	1578
drainage;	1579

(2)(b) Sanitize all instruments and supplies used in the	1580
branch of cosmetology provided at the salon;	1581

(3)(c) If cosmetic therapy, massage therapy, or other	1582
professional service is provided at the salon under section	1583
4713.42 of the Revised Code, sanitize all instruments and supplies	1584
used in the cosmetic therapy, massage therapy, or other	1585
professional service.	1586

(C)(3) Except as provided in sections 4713.42 and 4713.49 of	1587
the Revised Code, only the branch of cosmetology that the salon is	1588
licensed to provide is practiced at the salon.	1589

(D)(4) The salon is kept in a clean and sanitary condition	1590
and properly ventilated.	1591

(E)(5) No food is sold at the salon in a manner inconsistent	1592
with rules adopted under section 4713.08 of the Revised Code.	1593

Sec. 4713.42. A personAn individual holding a current, valid	1594
certificate issued under section 4731.15 of the Revised Code to	1595
provide cosmetic therapy or massage therapy may provide cosmetic	1596
therapy or massage therapy, as appropriate, in a salon. A person	1597
An individual holding a current, valid license or certificate	1598
issued by a professional regulatory board of this state may	1599
practice the person'sindividual's profession in a salon if the	1600
person'sindividual's profession is authorized by rules adopted	1601
under section 4713.08 of the Revised Code to practice in a salon.	1602

A personAn individual providing cosmetic therapy, massage	1603
therapy, or other professional service in a salon pursuant to this	1604
section shall satisfy the standards established by rules adopted	1605
under section 4713.08 of the Revised Code.	1606

Sec. 4713.44. (A) A person who seeks a license to operate a	1607
school of cosmetology from the state board of cosmetology shall	1608
submit a written application on a form furnished by the board. The	1609
form shall contain all of the following:	1610

(1) The name of the person, the location of the school, and	1611
any other identifying information required by the board;	1612

(2) A recent photograph of the individual signing the	1613
application that meets specifications established by the board;	1614

(3) Proof that the person satisfies all conditions to obtain	1615
the license;	1616

(4) An oath verifying the application is true;

1617

(5) The applicable fee.

1618

An application for a license to operate a school of	1619
cosmetology may be submitted by the owner, manager, or individual	1620
in charge of the school.	1621

(B) The state board of cosmetology shall issue a license to	1622
operate a school of cosmetology to an applicant who pays the	1623
applicable fee and satisfies all of the following requirements:	1624

(1) Maintains a course of practical training and technical	1625
instruction for the branch or branches of cosmetology to be taught	1626
at the school equal to the requirements for admission to an	1627
examination under section 4713.24 of the Revised Code that a	1628
personindividual must pass to obtain a license to practice that	1629
branch or those branches of cosmetology;	1630

(2) Possesses or makes available apparatus and equipment	1631
sufficient for the ready and full teaching of all subjects of the	1632
curriculum;	1633

(3) Maintains personsindividuals licensed under section	1634
4713.31 or 4713.34 of the Revised Code to teach the theory and	1635
practice of the branches of cosmetology;	1636

(4) Notifies the board of the enrollment of each new student,	1637
keeps a record devoted to the different practices, establishes	1638
grades, and holds examinations in order to certify the students'	1639
completion of the prescribed course of study before the issuance	1640
of certificates of completion;	1641

(5) In the case of a school of cosmetology that offers clock	1642
hours for the purpose of satisfying minimum hours of training and	1643
instruction, keeps a daily record of the attendance of each	1644
student;	1645

(6) On the date that an apprentice cosmetology instructor	1646
begins cosmetology instructor training at the school, certifies	1647
the name of the apprentice cosmetology instructor to the board	1648
along with the date on which the apprentice's instructor training	1649
began;	1650

(7) Instructs not more than six apprentice cosmetology	1651
instructors at any one time;	1652

(8) Files with the board a good and sufficient surety bond	1653
executed by the person, firm, or corporation operating the school	1654
of cosmetology as principal and by a surety company as surety in	1655
the amount of ten thousand dollars; provided,except that this	1656
requirement does not apply to a vocational program conducted by a	1657
city, exempted village, local, or joint vocational school	1658
district. The bond shall be in the form prescribed by the board	1659
and be conditioned upon the school's continued instruction in the	1660
theory and practice of the branches of cosmetology. Every bond	1661
shall continue in effect until notice of its termination is given	1662
to the board by registered mail and every bond shall so provide.	1663

(9) Establishes and maintains an internal procedure for	1664
processing complaints filed against the school and for providing	1665
students with instructions on how to file a complaint directly	1666
with the board pursuant to section 4713.641 of the Revised Code.	1667

(B) A school of cosmetology holding a license issued under	1668
division (A) of this section is an educational institution and is	1669
authorized to offer educational programs beyond secondary	1670
education, advanced practice programs, or both in accordance with	1671
rules adopted by the board pursuant to section 4713.08 of the	1672
Revised Code.	1673

(C) A school of cosmetology holding a license to operate a	1674
school of cosmetology on the effective date of this amendment	1675
September 29, 2013, shall establish and maintain an internal	1676
procedure for processing complaints filed against the school and	1677
shall provide each of the school's students with instructions on	1678
how to file a complaint directly with the board pursuant to	1679
section 4713.641 of the Revised Code.	1680

Sec. 4713.45. (A) A school of cosmetology may do the	1681
following:	1682

(1) In accordance with rules adopted under section 4713.08 of	1683
the Revised Code, a school of cosmetology operated by a public	1684
entity may offer clock hours, credit hours, or competency-based	1685
credits, and a school of cosmetology that is operated by a private	1686
person may offer clock or credit hours, for the purpose of	1687
satisfying minimum hours of training and instruction;	1688

(2) Allow an apprentice cosmetology instructor the regular	1689
quota of students prescribed by the state board of cosmetology if	1690
a cosmetology instructor is present;	1691

(3) Compensate an apprentice cosmetology instructor;

1692

(4) Subject to division (B) of this section, employ a person	1693
an individual who does not hold a current, valid instructor	1694
license to teach subjects related to a branch of cosmetology.	1695

(B) A school of cosmetology shall have a licensed cosmetology	1696
instructor present when a personan individual employed pursuant	1697
to division (A)(4) of this section teaches at the school, unless	1698
the personindividual is one of the following:	1699

(1) A personAn individual with a current, valid teacher's	1700
certificate or educator license issued by the state board of	1701
education;	1702

(2) A personAn individual with a bachelor's degree in the	1703
subject the personindividual teaches at the school;	1704

(3) A personAn individual also employed by a university or	1705
college to teach the subject the personindividual teaches at the	1706
school.	1707

Sec. 4713.48.  (A) The state board of cosmetology shall issue	1708
a permit to operate a tanning facility to an applicant if all of	1709
the following conditions are satisfied:	1710

(1) The applicant applies in accordance with the application	1711
process adopted by rules adopted under section 4713.08 of the	1712
Revised Code.	1713

(2) The applicant pays to the treasurer of state the fee	1714
established by those rules.	1715

(3) An initial inspection of the premises indicates that the	1716
tanning facility has been installed and will be operated in	1717
accordance with those rules.	1718

(B) A permit holder shall post the permit in a public and	1719
conspicuous place on any premises where the tanning facility is	1720
located. A person shall obtain a separate permit for each of the	1721
premises owned or operated by that person at which the person	1722
seeks to operate a tanning facility.	1723

(C) ATo continue operating, a permit holder mayshall	1724
biennially renew athe permit by the last day of January of each	1725
odd-numbered year upon. The board shall renew the permit upon the	1726
holder's payment to the treasurer of state of the biennial renewal	1727
fee.	1728

Sec. 4713.55. Every license issued by the state board of	1729
cosmetology shall be signed by the chairperson and attested by the	1730
executive director thereof, with the seal of the board attached.	1731

The board shall specify on each practicing license that the	1732
board issues the branch of cosmetology that the license entitles	1733
the holder to practice. The board shall specify on each managing	1734
license that the board issues the type of salon that the license	1735
entitles the holder to manage and the branch of cosmetology that	1736
the license entitles the holder to practice. The board shall	1737
specify on each instructor license that the board issues the	1738
branch of cosmetology that the license entitles the holder to	1739
teach. The board shall specify on each salon license that the	1740
board issues the branch of cosmetology that the license entitles	1741
the holder to offer. The board shall specify on each independent	1742
contractor license that the board issues the branch of cosmetology	1743
that the license entitles the holder to offer within a licensed	1744
salon. Such licenses are prima-facie evidence of the right of the	1745
holder to practice or teach the branch of cosmetology, or manage	1746
the type of salon, that the license specifies.	1747

Sec. 4713.56. Every holder of a practicing license, managing	1748
license, instructor license, or independent contractor license	1749
issued by the state board of cosmetology shall display the license	1750
in a public and conspicuous place in the place of employment of	1751
the holder.	1752

Every holder of a license to operate a salon issued by the	1753
board shall display the license in a public and conspicuous place	1754
in the salon.	1755

Every holder of a license to operate a school of cosmetology	1756
issued by the board shall display the license in a public and	1757
conspicuous place in the school.	1758

Every personindividual who provides cosmetic therapy,	1759
massage therapy, or other professional service in a salon under	1760
section 4713.42 of the Revised Code shall display the person's	1761
individual's professional license or certificate in a public and	1762
conspicuous place in the room used for the therapy or other	1763
service.	1764

Sec. 4713.58. (A) Except as provided in division (B) of this	1765
section, on payment of the renewal fee and submission of proof	1766
satisfactory to the state board of cosmetology that any applicable	1767
continuing education requirements have been completed, a personan	1768
individual currently licensed as:	1769

(1) A braiding instructor who has previously been licensed as	1770
a braider or a managing braider, is entitled to the reissuance of	1771
a braider or managing braider license;	1772

(2) A cosmetology instructor who has previously been licensed	1773
as a cosmetologist or a managing cosmetologist, is entitled to the	1774
reissuance of a cosmetologist or managing cosmetologist license;	1775

(2)(3) An esthetics instructor who has previously been	1776
licensed as an esthetician or a managing esthetician, is entitled	1777
to the reissuance of an esthetician or managing esthetician	1778
license;	1779

(3)(4) A hair design instructor who has previously been	1780
licensed as a hair designer or a managing hair designer, is	1781
entitled to the reissuance of a hair designer or managing hair	1782
designer license;	1783

(4)(5) A manicurist instructor who has previously been	1784
licensed as a manicurist or a managing manicurist, is entitled to	1785
the reissuance of a manicurist or managing manicurist license;	1786

(5)(6) A natural hair style instructor who has previously	1787
been licensed as a natural hair stylist or a managing natural hair	1788
stylist, is entitled to the reissuance of a natural hair stylist	1789
or managing natural hair stylist license;	1790

(7) A threading instructor who has previously been licensed	1791
as a threader or a managing threader, is entitled to the	1792
reissuance of a threader or managing threader license.	1793

(B) No personindividual is entitled to the reissuance of a	1794
license under division (A) of this section if the license was	1795
revoked or suspended or the personindividual has an outstanding	1796
unpaid fine levied under section 4713.64 of the Revised Code.	1797

Sec. 4713.60. (A) Except as provided in division (C) of this	1798
section, a personan individual seeking a renewal of a license to	1799
practice a branch of cosmetology, managing license, or instructor	1800
license shall include in the renewal application proof	1801
satisfactory to the board of completion of any applicable	1802
continuing education requirements established by rules adopted	1803
under section 4713.09 of the Revised Code.	1804

(B) If an applicant fails to provide satisfactory proof of	1805
completion of any applicable continuing education requirements,	1806
the board shall notify the applicant that the application is	1807
incomplete. The board shall not renew the license until the	1808
applicant provides satisfactory proof of completion of any	1809
applicable continuing education requirements. The board may	1810
provide the applicant with an extension of up to ninety days in	1811
which to complete the continuing education requirement. In	1812
providing for the extension, the board may charge the licensee a	1813
fine of up to one hundred dollars.	1814

(C) The board may waive, or extend the period for completing,	1815
any continuing education requirement if a licensee applies to the	1816
board and provides proof satisfactory to the board of being unable	1817
to complete the requirement within the time allowed because of any	1818
of the following:	1819

(1) An emergency;

1820

(2) An unusual or prolonged illness;

1821

(3) Active duty service in any branch of the armed forces of	1822
the United States.	1823

The board shall determine the period of time during which	1824
each extension is effective and shall inform the applicant. The	1825
board shall also inform the applicant of the continuing education	1826
requirements that must be met to have the license renewed. If an	1827
extension is granted for less than one year, the continuing	1828
education requirement for that year, in addition to the required	1829
continuing education for the succeeding year, must be completed in	1830
the succeeding year. In all other cases the board may waive all or	1831
part of the continuing education requirement on a case-by-case	1832
basis. Any required continuing education shall be completed and	1833
satisfactory proof of its completion submitted to the board by a	1834
date specified by the board. Every license which has not been	1835
renewed in any odd-numbered year by the last day of January and	1836
for which the continuing education requirement has not been waived	1837
or extended shall be considered expiredno longer valid.	1838

Sec. 4713.61. (A) If the state board of cosmetology adopts a	1839
continuing education requirement under section 4713.09 of the	1840
Revised Code, it may develop a procedure by which a personan	1841
individual who holds a license to practice a branch of	1842
cosmetology, managing license, or instructor license and who is	1843
not currently engaged in the practice of the branch of	1844
cosmetology, managing a salon, or teaching the theory and practice	1845
of the branch of cosmetology, but who desires to be so engaged in	1846
the future, may apply to the board to have the person's	1847
individual's license classified inactivein escrow. If the board	1848
develops such a procedure, a personan individual seeking to have	1849
the person'sindividual's license classified inactivein escrow	1850
shall apply to the board on a form provided by the board and pay	1851
the fee established by rules adopted under section 4713.08 of the	1852
Revised Code.	1853

(B) The board shall not restore an inactivea license in	1854
escrow until the later of the following:	1855

(1) The date that the personindividual holding the license	1856
submits proof satisfactory to the board that the personindividual	1857
has completed the continuing education that a rule adopted under	1858
section 4713.08 of the Revised Code requires;	1859

(2) The last day of January of the next odd-numbered year	1860
following the year the license is classified inactivein escrow.	1861

(C) A personAn individual who holds an inactivea license in	1862
escrow may engage in the practice of a branch of cosmetology if	1863
the personindividual holds a temporary work permit as specified	1864
in rules adopted by the board under section 4713.08 of the Revised	1865
Code.	1866

Sec. 4713.62. (A) A personAn individual holding a practicing	1867
license, managing license, or instructor license may satisfy a	1868
continuing education requirement established by rules adopted	1869
under section 4713.09 of the Revised Code only by completing	1870
continuing education programs approved under division (B) of this	1871
section or developed under division (C) of this section.	1872

(B) The state board of cosmetology shall approve a continuing	1873
education program if all of the following conditions are	1874
satisfied:	1875

(1) The person operating the program submits to the board a	1876
written application for approval.	1877

(2) The person operating the program pays to the board a fee	1878
established by rules adopted under section 4713.08 of the Revised	1879
Code.	1880

(3) The program is operated by an employee, officer, or	1881
director of a nonprofit professional association, college or	1882
university, proprietary continuing education institutions	1883
providing programs approved by the board, vocational school,	1884
postsecondary proprietary school of cosmetology licensed by the	1885
board, salon licensed by the board, or manufacturer of supplies or	1886
equipment used in the practice of a branch of cosmetology.	1887

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

1888

(a) Enhance the professional competency of the affected	1889
licensees;	1890

(b) Protect the public;

1891

(c) Educate the affected licensees in the application of the	1892
laws and rules regulating the practice of a branch of cosmetology.	1893

(5) The person operating the program provides the board a	1894
tentative schedule of when the program will be available so that	1895
the board can make the schedule readily available to all licensees	1896
throughout the state.	1897

Sec. 4713.63. A practicing license, managing license, or	1898
instructor license that has not been renewed for any reason other	1899
than because it has been revoked, suspended, or classified	1900
inactivein escrow, or because the license holder has been given a	1901
waiver or extension under section 4713.60 of the Revised Code, is	1902
expiredno longer valid. An expiredThe license may be restored	1903
if the personindividual who held the license meets all of the	1904
following applicable conditions:	1905

(A) Pays to the state board of cosmetology the restoration	1906
fee, the current renewal fee, and any applicable late fees	1907
specified in division (A)(11) of section 4713.10 of the Revised	1908
Code;	1909

(B) Pays a lapsed renewal fee of forty-five dollars per	1910
license renewal period that has elapsed since the license was last	1911
issued or renewed;	1912

(C) In the case of a practicing license or managing license	1913
that has not been expiredvalid for more than two consecutive	1914
license renewal periods, completes eight hours of continuing	1915
education for each license renewal period that has elapsed since	1916
the license was last issued or renewed, up to a maximum of	1917
twenty-four hours. At least four of those hours shall include a	1918
course pertaining to sanitation and safety methods.	1919

The board shall deposit all fees it receives under division	1920
(B) of this section into the general revenue fund.	1921

Sec. 4713.64. (A) The state board of cosmetology may take	1922
disciplinary action for any of the following:	1923

(1) Failure to comply with the requirements of this chapter	1924
or rules adopted under it;	1925

(2) Continued practice by a personan individual knowingly	1926
having an infectious or contagious disease;	1927

(3) Habitual drunkenness or addiction to any habit-forming	1928
drug;	1929

(4) Willful false and fraudulent or deceptive advertising;

1930

(5) Falsification of any record or application required to be	1931
filed with the board;	1932

(6) Failure to cooperate with an investigation or an	1933
inspection;	1934

(7) Failure to respond to a subpoena;

1935

(8) Failure to pay a fine or abide by a suspension order	1936
issued by the board.	1937

(B) On determining that there is cause for disciplinary	1938
action, the board may do one or more of the following:	1939

(1) Deny, revoke, or suspend a license or permit issued by	1940
the board;	1941

(2) Impose a fine;

1942

(3) Require the holder of a license or permit to take	1943
corrective action courses.	1944

(C) The board shall take disciplinary action pursuant to an	1945
adjudication under Chapter 119. of the Revised Code, except that,	1946
in lieu of an adjudication, the board may enter into a consent	1947
agreement with the holder of the license or permit. When ratified	1948
by a majority vote of a quorum of the board members, a consent	1949
agreement constitutes the findings and order of the board with	1950
respect to the matter addressed in the agreement. If the board	1951
refuses to ratify a consent agreement, the admissions and findings	1952
contained in it are of no effect and the case shall be scheduled	1953
for adjudication under Chapter 119. of the Revised Code.	1954

(D) The amount and content of corrective action courses and	1955
other relevant criteria shall be established by the board in rules	1956
adopted under section 4713.08 of the Revised Code.	1957

(D)(E)(1) The board may impose a separate fine for each	1958
offense listed in division (A) of this section. The amount of a	1959
fine shall be not more than five hundred dollars if the violator	1960
has not previously been fined for that offense. The fine shall be	1961
not more than one thousand dollars if the violator has been fined	1962
for the same offense once before. The fine shall be not more than	1963
one thousand five hundred dollars if the violator has been fined	1964
for the same offense two or more times before.	1965

(E)(2) The board shall issue an order notifying a violator of	1966
a fine imposed under division (E)(1) of this section. The notice	1967
shall specify the date by which the fine is to be paid. The date	1968
must be less than forty-five days after the order is issued.	1969

(3) At the request of a violator who is temporarily unable to	1970
pay a fine, or on its own motion, the board may extend the date by	1971
which the fine is to be paid to up to ninety days after the date	1972
the order is issued.	1973

(4) If a violator fails to pay a fine not later than the date	1974
specified in the board's order and does not request an extension	1975
not later than ten days after the date the order is issued or	1976
fails to pay the fine not later than the extended date, the board	1977
shall add to the fine an additional penalty equal to ten per cent	1978
of the fine.	1979

(5) If a violator fails to pay a fine not later than ninety	1980
days after the board issues an order, the board shall add to the	1981
fine interest at a rate specified by the board in rules adopted	1982
under section 4713.08 of the Revised Code.	1983

(6) If the fine, including any interest or additional	1984
penalty, remains unpaid on the ninety-first day after the board	1985
issues an order under division (E)(2) of this section, the amount	1986
of the fine and any interest or additional penalty shall be	1987
certified to the attorney general for collection in the form and	1988
manner prescribed by the attorney general. The attorney general	1989
may assess the collection cost to the amount certified in such a	1990
manner and amount as prescribed by the attorney general.	1991

(F) If a person fails to request a hearing withinor a	1992
consent agreement not later than thirty days ofafter the date	1993
the board, in accordance with section 119.07 of the Revised Code,	1994
notifies the person of the board's intent to act against the	1995
person under division (A) of this section, the board by a majority	1996
vote of a quorum of the board members may take the action against	1997
the person without holding an adjudication hearing.	1998

(F)(G) The board, after a hearing in accordance with Chapter	1999
119. of the Revised Code or pursuant to a consent agreement, may	2000
suspend a tanning facilitylicense or permit if the owner or	2001
operatorlicensee or permit holder fails to correct an unsafe	2002
condition that exists in violation of the board's rules or fails	2003
to cooperate in an inspection of the tanning facility. If	2004

If a violation of this chapter or rules adopted under it has	2005
resulted in a condition reasonably believed by an inspector to	2006
create an immediate danger to the health and safety of any person	2007
using the tanninga facility, the inspector may suspend the	2008
license or permit of the facility or the person responsible for	2009
the violation without a prior hearing or an opportunity for a	2010
consent agreement until the condition is corrected or until a	2011
hearing in accordance with Chapter 119. of the Revised Code is	2012
held or a consent agreement is entered into and the board either	2013
upholds the suspension or reinstates the license or permit.	2014

(H) In addition to the methods of notification required under	2015
section 119.07 of the Revised Code, the board may send the notices	2016
required under divisions (C)(2), (E)(2), and (F) of this section	2017
by any delivery method that is traceable and requires that the	2018
delivery person obtain a signature to verify that the notice has	2019
been delivered. The board also may send the notices by electronic	2020
mail if the electronic mail delivery system certifies that a	2021
notice has been received.	2022

Sec. 4713.66. The state board of cosmetology or the executive	2023
director acting for the board may compel, by order or subpoena,	2024
the attendance of witnesses to testify in relation to any matter	2025
over which the board has jurisdiction that is the subject of	2026
inquiry or investigation by the board and may require the	2027
production of any book, paper, document, or testimony pertaining	2028
to that matter. For this purpose, the board or director has the	2029
same power as the judge of a court of common pleas to administer	2030
oaths and to compel the attendance of witnesses and punish	2031
witnesses for refusal to testify.	2032

Service of a subpoena may be made by sheriffs or constables,	2033
or by certified mail, return receipt requested. A subpoena shall	2034
be considered served on the date delivery is made or the date the	2035
intended recipient refuses to accept delivery.	2036

Witnesses shall receive, after their appearance, the fees and	2037
mileage provided for in section 119.094 of the Revised Code. If	2038
two or more witnesses travel together in the same vehicle, the	2039
mileage fee shall be paid to only one of them, but the witnesses	2040
may agree to divide the fee among them in any manner.	2041

Should a person fail to obey an order or subpoena issued	2042
under this section, on application by the board or director	2043
setting forth the failure, the court of common pleas of any county	2044
may issue a subpoena or subpoena duces tecum ordering the person	2045
to appear and testify before the board and produce books, records,	2046
or papers, as required. On the filing of the order, the clerk of	2047
court, under the court's seal, shall issue process of subpoena for	2048
the person to appear before the board or the director at a time	2049
and place named in the subpoena, and each day thereafter until the	2050
examination of the person is completed. The subpoena may require	2051
that the person bring to the examination any books, records, or	2052
papers required by the order. The clerk shall also issue, under	2053
the seal of the court, such other orders, in reference to the	2054
examination, appearance, and production of books, records, or	2055
papers, as the court directs. If a person so summoned by subpoena	2056
fails to obey the subpoena, to give testimony, to answer questions	2057
as required, or to obey an order of the court, the court, on	2058
motion supported by proof, may order an attachment for contempt to	2059
be issued against the person. If the person is brought before the	2060
court by virtue of the attachment and upon a hearing the	2061
disobedience appears, the court may order the person to be	2062
committed and kept in close custody.	2063

Sec. 4713.67. (A) The state board of cosmetology, on its own	2064
motion or on receipt of a written complaint, may investigate or	2065
inspect the activities or premises of a person who is alleged to	2066
have violated this chapter or rules adopted under it, regardless	2067
of whether the person holds a license issued under this chapter.	2068

(B) If, based on its investigation, the board determines that	2069
there is reasonable cause to believe that a person has violated	2070
this chapter or rules adopted under it, the board shall afford the	2071
person an opportunity for a hearing. Notice shall be given and any	2072
hearing conducted in accordance with Chapter 119. of the Revised	2073
Code.	2074

(C) The board shall maintain a transcript of the hearing and	2075
issue a written opinion to all parties, citing its findings and	2076
ground for any action it takes. Any action shall be taken in	2077
accordance with section 4713.64 of the Revised Code.	2078

Section 2. That existing sections 4709.01, 4709.03, 4713.01,	2079
4713.02, 4713.03, 4713.06, 4713.07, 4713.08, 4713.081, 4713.09,	2080
4713.10, 4713.14, 4713.141, 4713.16, 4713.20, 4713.21, 4713.22,	2081
4713.24, 4713.25, 4713.26, 4713.28, 4713.29, 4713.30, 4713.31,	2082
4713.32, 4713.34, 4713.35, 4713.37, 4713.41, 4713.42, 4713.44,	2083
4713.45, 4713.48, 4713.55, 4713.56, 4713.58, 4713.60, 4713.61,	2084
4713.62, 4713.63, and 4713.64 and sections 4713.17 and 4713.39 of	2085
the Revised Code are hereby repealed.	2086

Section 3. (A) As used in this section, "braider" and	2087
"threader" have the same meanings as in section 4713.01 of the	2088
Revised Code.	2089

(B) Notwithstanding division (C)(1) of section 4713.14 of the	2090
Revised Code which, as a result of amendments made by this act,	2091
prohibits practicing braiding or threading without a current,	2092
valid license, a braider or threader may practice without a	2093
license until twelve months after the effective date of this act.	2094

(C) Notwithstanding division (D)(1) of section 4713.14 of the	2095
Revised Code which, as a result of amendments made by this act,	2096
prohibits employing a person to practice braiding or threading who	2097
does not have a current, valid license, a person may employ an	2098
unlicensed braider or unlicensed threader until twelve months	2099
after the effective date of this act.	2100

(D) Notwithstanding division (E) of section 4713.14 of the	2101
Revised Code which, as a result of amendments made by this act,	2102
prohibits managing a braiding or threading salon without a	2103
current, valid managing license, a braider or threader may manage	2104
a braiding or threading salon without a managing license until	2105
twelve months after the effective date of this act.	2106

(E) Notwithstanding division (F)(1) of section 4713.14 of the	2107
Revised Code which, as a result of amendments made by this act,	2108
prohibits teaching braiding or threading at a school of	2109
cosmetology without a current, valid instructor license, a braider	2110
or threader may teach at a school of cosmetology without an	2111
instructor license until twelve months after the effective date of	2112
this act.	2113

(F) Notwithstanding division (L)(1) of section 4713.14 of the	2114
Revised Code which, as a result of amendments made by this act,	2115
prohibits teaching braiding or threading at a salon without a	2116
current, valid practicing or managing license, a braider or	2117
threader may teach at a salon without a practicing or managing	2118
license until twelve months after the effective date of this act.	2119