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(124th General Assembly)
(Amended Substitute House Bill Number 415)
AN ACT
To amend sections 2925.01, 4709.03, 4709.07, 4709.09,
4713.01, 4713.02, 4713.03, 4713.04, 4713.05,
4713.06, 4713.08, 4713.09, 4713.10, 4713.11,
4713.111, 4713.12, 4713.14, 4713.15, 4713.16,
4713.17, 4713.18, 4713.19, 4713.20, 4713.25,
4713.26, 4713.27, 4713.99, and 4717.14; to amend,
for the purpose of adopting new section numbers as
indicated in parentheses, sections 4713.04
(4713.28), 4713.05 (4713.20), 4713.06 (4713.24),
4713.08 (4713.55), 4713.09 (4713.34), 4713.11
(4713.60), 4713.111 (4713.59), 4713.12 (4713.17),
4713.14 (4713.41), 4713.15 (4713.44), 4713.16
(4713.56), 4713.17 (4713.64), 4713.18 (4713.04),
4713.19 (4713.05), 4713.20 (4713.14), 4713.22
(4713.11), 4713.25 (4713.48), 4713.26 (4713.13),
and 4713.27 (4713.65); to enact new sections
4713.06, 4713.07, 4713.08, 4713.09, 4713.15,
4713.16, 4713.21, 4713.22, 4713.25, and 4713.26
and
sections 4713.081, 4713.082, 4713.141, 4713.29,
4713.30,
4713.31, 4713.32,
4713.35, 4713.36,
4713.37,
4713.39, 4713.42, 4713.45,
4713.46,
4713.49,
4713.57,
4713.58, 4713.61, 4713.62, and
4713.63;
and to repeal sections 4713.07, 4713.13,
4713.131,
4713.132, and 4713.21 of the Revised
Code
to
revise the law governing the State Board
of
Cosmetology and the professions and facilities
that
the Board regulates.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2925.01, 4709.03, 4709.07, 4709.09,
4713.01, 4713.02, 4713.03, 4713.04, 4713.05, 4713.06, 4713.08,
4713.09, 4713.10, 4713.11, 4713.111, 4713.12, 4713.14, 4713.15,
4713.16, 4713.17, 4713.18, 4713.19, 4713.20, 4713.25, 4713.26,
4713.27, 4713.99, and 4717.14 be amended; sections 4713.04
(4713.28), 4713.05 (4713.20), 4713.06 (4713.24), 4713.08
(4713.55), 4713.09 (4713.34), 4713.11 (4713.60), 4713.111
(4713.59), 4713.12 (4713.17), 4713.14 (4713.41), 4713.15
(4713.44), 4713.16 (4713.56), 4713.17 (4713.64), 4713.18
(4713.04), 4713.19 (4713.05), 4713.20 (4713.14), 4713.22
(4713.11), 4713.25 (4713.48), 4713.26 (4713.13), and 4713.27
(4713.65) be amended for the purpose of adopting new section
numbers as indicated in parentheses; and new sections 4713.06,
4713.07, 4713.08, 4713.09, 4713.15, 4713.16, 4713.21, 4713.22,
4713.25, and 4713.26 and sections 4713.081, 4713.082, 4713.141,
4713.29,
4713.30, 4713.31, 4713.32, 4713.35, 4713.36, 4713.37,
4713.39,
4713.42,
4713.45, 4713.46,
4713.49, 4713.57, 4713.58,
4713.61,
4713.62, and
4713.63 of the Revised
Code be enacted to
read as
follows:
Sec. 2925.01. As used in this chapter: (A)
"Administer,"
"controlled substance,"
"dispense,"
"distribute,"
"hypodermic,"
"manufacturer,"
"official written
order,"
"person,"
"pharmacist,"
"pharmacy,"
"sale,"
"schedule I,"
"schedule II,"
"schedule III,"
"schedule IV,"
"schedule V," and
"wholesaler" have the same meanings as in
section 3719.01 of the
Revised Code. (B)
"Drug dependent person" and
"drug of abuse" have the
same
meanings as in section 3719.011 of the Revised Code. (C)
"Drug,"
"dangerous drug,"
"licensed health professional
authorized to
prescribe
drugs," and
"prescription" have the same
meanings as in section
4729.01 of the Revised Code. (D)
"Bulk amount" of a controlled substance means any of
the
following: (1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section,
whichever of the following is applicable: (a) An amount equal to or exceeding ten grams or
twenty-five
unit doses of a compound, mixture, preparation, or
substance that
is or contains any amount of a schedule I opiate
or opium
derivative; (b) An amount equal to or exceeding ten grams
of a
compound,
mixture, preparation, or substance that is or contains
any amount
of raw or gum opium; (c) An amount equal to or exceeding thirty
grams or ten
unit
doses of a compound, mixture, preparation, or substance that
is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I
stimulant or
depressant; (d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount
of a
schedule II opiate or opium derivative; (e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or
contains any amount of phencyclidine; (f) An amount equal to or exceeding one hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified in a standard pharmaceutical reference manual of
a
compound, mixture, preparation, or substance that is or
contains
any amount of a schedule II stimulant that is in a final
dosage
form manufactured by a person authorized by the
"Federal
Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as
amended, and the federal drug abuse control
laws, as defined in
section 3719.01 of the Revised Code, that is or contains
any
amount of a schedule II depressant
substance or a schedule II
hallucinogenic substance; (g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws. (2) An amount equal to or exceeding one
hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified
in a standard pharmaceutical reference manual of a
compound,
mixture,
preparation, or substance that is or contains
any amount of a
schedule
III or IV substance other than an
anabolic
steroid or a schedule III opiate or opium derivative; (3) An amount equal to or exceeding twenty grams or five
times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical
reference manual of a compound, mixture,
preparation, or substance that is
or contains any amount of a
schedule III opiate or opium derivative; (4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance; (5) An amount equal to or exceeding two
hundred solid
dosage
units, sixteen grams, or sixteen milliliters of a
compound,
mixture, preparation, or substance that is or contains
any amount
of a schedule III anabolic steroid. (E)
"Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that
indicates that it is
the amount or unit by which
the controlled substance is separately
administered to or taken by an
individual. (F)
"Cultivate" includes planting, watering, fertilizing,
or
tilling. (G)
"Drug abuse offense" means any of the following: (1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13,
2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, or
2925.37 of the Revised Code; (2) A violation of an existing or former law of this or
any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section; (3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element; (4) A conspiracy to commit, attempt to commit, or complicity
in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section. (H)
"Felony drug abuse offense" means any drug abuse
offense
that would constitute a felony under the laws of this
state, any
other state, or the United States. (I)
"Harmful intoxicant" does not include beer or
intoxicating liquor but means any
of the following: (1) Any compound, mixture,
preparation,
or substance the gas,
fumes, or vapor of which when
inhaled can
induce intoxication,
excitement, giddiness,
irrational behavior,
depression,
stupefaction, paralysis,
unconsciousness,
asphyxiation, or other
harmful physiological
effects, and
includes, but is not limited
to, any of the
following: (a) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent; (b) Any aerosol propellant; (c) Any fluorocarbon refrigerant; (d) Any anesthetic gas.
(2) Gamma Butyrolactone; (3) 1,4 Butanediol. (J)
"Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production. (K)
"Possess" or
"possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found. (L)
"Sample drug" means a drug or pharmaceutical
preparation
that would be hazardous to health or safety if used
without the
supervision of a licensed health
professional authorized to
prescribe drugs, or a drug of abuse,
and that, at one time, had
been placed in a container plainly
marked as a sample by a
manufacturer. (M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works: (1)
"The National Formulary"; (2)
"The United States Pharmacopeia," prepared by
authority
of the United States Pharmacopeial Convention, Inc.; (3) Other standard references that are approved by the
state
board of pharmacy. (N)
"Juvenile" means a person under eighteen years of age. (O)
"Counterfeit controlled substance" means any of the
following: (1) Any drug that bears, or whose container or label
bears,
a trademark, trade name, or other identifying mark used
without
authorization of the owner of rights to that trademark,
trade
name, or identifying mark; (2) Any unmarked or unlabeled substance that is
represented
to be a controlled substance manufactured, processed,
packed, or
distributed by a person other than the person that
manufactured,
processed, packed, or distributed it; (3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance; (4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale. (P) An offense is
"committed in the vicinity of a school" if
the
offender commits the offense on school premises, in a school
building, or
within one thousand feet of the boundaries of any
school premises. (Q)
"School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed. (R)
"School premises" means either of the following: (1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed; (2) Any other parcel of real property that is owned or
leased by a board of education of a school or the governing body
of a school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code and
on
which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed. (S)
"School building" means any building in which any of
the
instruction, extracurricular activities, or training provided
by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed. (T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government
of the Bar of Ohio. (U)
"Certified grievance committee" means a duly
constituted
and organized committee of the Ohio state bar
association or of
one or more local bar associations of the state
of Ohio that
complies with the criteria set forth in Rule V,
section 6 of the
Rules for the Government of the Bar of Ohio. (V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (35) of
this
section and that qualifies a person as a professionally
licensed
person. (W)
"Professionally licensed person" means any of the
following: (1) A person who has obtained a license as a manufacturer
of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code; (2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered
as a public accountant under Chapter 4701. of the
Revised Code and
who holds an Ohio permit issued under that
chapter; (3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code; (4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a
landscape architect issued under that chapter; (5) A person licensed as an auctioneer or apprentice
auctioneer or licensed to operate an auction company under
Chapter
4707. of the Revised Code; (6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code; (7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code; (8) A person who has been issued a cosmetologist's
license,
hair designer's license,
manicurist's license, esthetician's
license,
natural hair stylist's license, managing
cosmetologist's
license,
managing hair designer's license, managing manicurist's
license, managing
esthetician's
license,
managing natural hair
stylist's license, cosmetology
instructor's license,
hair design
instructor's license,
manicurist
instructor's license,
esthetician
esthetics instructor's
license,
natural hair style instructor's
license, independent contractor's
license,
or tanning facility
permit under Chapter 4713. of the
Revised
Code; (9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code; (10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or
who has been registered for an embalmer's or funeral
director's apprenticeship
under Chapter 4717. of the Revised Code; (11) A person who has been licensed as a registered nurse
or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code; (12) A person who has been licensed to practice optometry
or
to engage in optical dispensing under Chapter 4725. of the
Revised
Code; (13) A person licensed to act as a pawnbroker under
Chapter
4727. of the Revised Code; (14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code; (15) A person licensed as a pharmacist, a pharmacy
intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code; (16) A person who is authorized to practice as a physician
assistant under
Chapter 4730. of the Revised Code; (17) A person who has been issued a certificate to
practice
medicine and surgery, osteopathic medicine and surgery,
a limited
branch of medicine, or podiatry under
Chapter 4731. of the Revised
Code; (18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code; (19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code; (20) A person who has been issued a license to
practice
chiropractic under Chapter 4734. of the Revised Code; (21) A person licensed to act as a real estate broker or
real estate salesperson under Chapter 4735. of the Revised Code; (22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code; (23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code; (24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code; (25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code; (26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code; (27) A person who has been issued a hearing aid dealer's
or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code; (28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code; (29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code; (30) A person licensed to practice as a speech-language
pathologist
or audiologist under Chapter 4753. of the Revised
Code; (31) A person issued a license as an occupational
therapist
or physical therapist under Chapter 4755. of the
Revised Code; (32) A person who is licensed as a professional clinical
counselor or
professional counselor, licensed as a social worker
or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code; (33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code; (34) A person who has been issued a license or
limited
permit to practice respiratory therapy under Chapter 4761. of
the
Revised Code; (35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code. (X)
"Cocaine" means any of the following: (1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine; (2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or
derivative of ecgonine, or a salt of an isomer or derivative
of
ecgonine; (3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine. (Y)
"L.S.D." means
lysergic acid diethylamide. (Z)
"Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate,
liquid extract, or liquid distillate form. (AA)
"Marihuana" has the same meaning as in section
3719.01
of the Revised Code,
except that it does not include hashish. (BB) An offense is
"committed in the vicinity of a
juvenile"
if
the offender commits the offense within one hundred feet of a
juvenile or
within the view of a juvenile, regardless of whether
the
offender knows the age of the juvenile, whether the offender
knows the offense
is being committed within one hundred feet of or
within view of the juvenile,
or whether the juvenile actually
views the commission of the offense. (CC)
"Presumption for a prison term" or
"presumption that a
prison term shall be imposed" means a presumption, as described in
division
(D) of section 2929.13 of the Revised Code, that a prison
term is a necessary
sanction for a felony in order to comply with
the purposes and principles of
sentencing under section 2929.11 of
the Revised Code. (DD)
"Major drug offender" has the same meaning as in
section
2929.01 of the Revised Code. (EE)
"Minor drug possession offense" means either of the
following: (1) A violation of section 2925.11 of the Revised Code as
it
existed prior to July 1, 1996; (2) A violation of section 2925.11 of the Revised Code as it
exists on and
after July 1, 1996, that is a misdemeanor or a
felony of the fifth
degree. (FF)
"Mandatory prison term" has the same meaning as
in
section 2929.01 of the Revised Code. (GG)
"Crack cocaine" means a compound, mixture, preparation,
or
substance that is or contains any amount of cocaine that is
analytically
identified as the base form of cocaine or that is in
a form that resembles
rocks or pebbles generally intended for
individual use. (HH)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(II)
"Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort.
Sec. 4709.03. The following persons are exempt from this
chapter while in the
proper discharge of their professional
duties: (A) Persons licensed by this state to practice medicine and
surgery; (B) Commissioned medical or surgical officers of the United
States army,
navy,
or marine hospital service; (C) Nurses registered under Chapter 4723. of the Revised
Code; (D) Cosmetologists
and hair designers licensed under Chapter
4713. of the Revised Code, insofar
as their usual and ordinary
vocation and profession is concerned as described
in section
4713.01 of the Revised Code; (E) Funeral directors, embalmers, and apprentices licensed
or registered under
Chapter 4717. of the Revised Code.
Sec. 4709.07. (A) Each person who desires to obtain an
initial license to practice barbering shall apply to the barber
board, on forms provided by the board. The application form
shall
include the name of the person applying for the license and
evidence that the applicant meets all of the requirements of
division (B) of this section. The application shall be
accompanied by two signed current photographs of the applicant,
in
the size determined by the board, that show only the head and
shoulders of the applicant, and the examination application fee. (B) In order to take the required barber examination and
to
qualify for licensure as a barber, an applicant must
demonstrate
that
he
the applicant meets all of the following: (1) Is of good moral character; (2) Is at least eighteen years of age; (3) Has an eighth grade education or an equivalent
education
as determined by the state board of education in the
state where
the applicant resides; (4) Has graduated with at least eighteen hundred hours of
training from a board-approved barber school or has graduated
with
at least one thousand hours of training from a
board-approved
barber school in this state and has a current
cosmetology
or hair
designer license issued pursuant to Chapter 4713. of the
Revised
Code. No hours of instruction earned by an applicant
five or more
years prior to the examination apply to the hours of
study
required by this division. (C) Any applicant who meets all of the requirements of
divisions (A) and (B) of this section may take the barber
examination at the time and place specified by the board. If the
applicant fails to attain at least a seventy-five per cent pass
rate on each part of the examination, the applicant is ineligible
for licensure; however, the applicant may reapply for examination
within ninety days after the date of the release of the
examination scores by paying the required reexamination fee. An
applicant is only required to take that part or parts of the
examination on which
he
the applicant did not receive a score of
seventy-five
per cent or higher. If the applicant fails to
reapply for
examination within ninety days or fails the second
examination,
in order to reapply for examination for licensure
he
the
applicant shall
complete an additional course of study of not
less than two
hundred hours, in a board-approved barber school.
The board
shall provide to an applicant, upon request, a report
which
explains the reasons for the applicant's failure to pass the
examination. (D) The board shall issue a license to practice barbering
to
any applicant who, to the satisfaction of the board, meets the
requirements of divisions (A) and (B) of this section, who passes
the required examination, and pays the initial licensure fee.
Every licensed barber shall display
his
the certificate of
licensure
in a conspicuous place adjacent to or near
his
the
licensed
barber's work chair, along
with a signed current
photograph, in the size determined by the
board, showing head and
shoulders only.
Sec. 4709.09. (A) Each person who desires to obtain a
barber shop license shall apply to the barber board, on forms
provided by the board. The board shall issue a barber shop
license to a person if the board determines that the person meets
all of the requirements of division (B) of this section and pays
the required license and inspection fees. (B) In order for a person to qualify for a license to
operate a barber shop, the barber shop shall meet all of the
following requirements: (1) Be in the charge and under the immediate supervision
of
a licensed barber; (2) Be equipped to provide running hot and cold water and
proper drainage; (3) Sanitize and maintain in a sanitary condition, all
instruments and supplies; (4) Keep towels and linens clean and sanitary and in a
dry,
dust-proof container; (5) Display the shop license and a copy of the board's
sanitary rules in a conspicuous place in the working area. (C) Any licensed barber who leases space in a licensed
barber shop and engages in the practice of barbering independent
and free from supervision of the owner or manager of the barber
shop is considered to be engaged in the operation of a separate
and distinct barber shop and shall obtain a license to operate a
barber shop pursuant to this section. (D) A shop license is not transferable from one owner to
another and if an owner or operator of a barber shop permanently
ceases offering barber services at the shop, the owner or
operator
shall return the barber shop license to the board within
ten days
of the cessation of services. (E)(1) Manicurists licensed under Chapter 4713. of the
Revised Code may practice manicuring in a barber shop. (2) Tanning facilities
licensed pursuant to
issued a permit
under section
4713.25
4713.48 of the Revised Code may be operated
in a barber shop. (F) Clothing and related accessories may be sold at retail
in a barber shop so long as these sales maintain the integrity of
the facility as a barber shop.
Sec. 4713.01. As used in
sections 4713.01 to 4713.21 of
the
Revised Code
this chapter: (A) The practice of cosmetology includes work done for
pay,
free, or otherwise, by any person, which work is usually
performed
by hairdressers, cosmetologists, cosmeticians, natural hair
stylists, or
beauty culturists, however denominated, in beauty
salons; which
work is for the embellishment, cleanliness, and
beautification of
"Apprentice instructor" means a person holding a
practicing
license issued by the state board of cosmetology who is
engaged in learning or acquiring
knowledge of the occupation of an
instructor of a branch of
cosmetology at a school of cosmetology.
"Beauty salon" means any premises, building, or part of a
building in which a person is authorized to engage in all branches
of
cosmetology.
"Beauty salon" does not include a barber shop
licensed under Chapter 4709. of the Revised Code in which a person
engages in the practice of manicuring. "Biennial licensing period" means the two-year period
beginning on the first day of February of an odd-numbered year and
ending on the last day of January of the next odd-numbered year. "Braiding" means intertwining the hair in a systematic motion
to create patterns in a three-dimensional form, inverting the hair
against the scalp along part of a straight or curved row of
intertwined hair, or twisting the hair in a systematic motion, and
includes extending the hair with natural or synthetic hair fibers. "Branch of cosmetology" means the practice of cosmetology,
practice of esthetics, practice of hair design, practice of
manicuring, or practice of natural hair styling. "Cosmetic therapy" has the same meaning as in section 4731.15
of the Revised Code.
"Cosmetologist" means a person authorized to engage in all
branches of cosmetology.
"Cosmetology instructor" means a person authorized to teach
the
theory and practice of all branches of cosmetology at a
school
of cosmetology.
"Esthetician" means a person who engages in the practice of
esthetics but no other branch of cosmetology.
"Esthetics instructor" means a person who teaches the theory
and practice of esthetics, but no other branch of cosmetology, at
a school of cosmetology.
"Esthetics salon" means any premises, building, or part of a
building in which a person engages in the practice of esthetics
but no other branch of cosmetology.
"Hair designer" means a person who engages in the practice
of hair design but no other branch of cosmetology.
"Hair design instructor" means a person who teaches the
theory and practice of hair design, but no other branch of
cosmetology, at a school of cosmetology.
"Hair design salon" means any premises, building, or part of
a building in which a person engages in the practice of hair
design but no other branch of cosmetology. "Independent contractor license" means a license to practice
a branch of cosmetology at a salon in which the license holder
rents booth space. "Instructor license" means a license to teach the theory and
practice of a branch of cosmetology at a school of cosmetology.
"Managing cosmetologist" means a person authorized to manage
a beauty
salon and engage in all branches of cosmetology.
"Managing esthetician" means a person authorized to manage
an
esthetics salon, but no other type of salon, and engage in the
practice of esthetics, but no other branch of cosmetology.
"Managing hair designer" means a person authorized to manage
a hair
design salon, but no other type of salon, and engage in the
practice of hair design, but no other branch of cosmetology. "Managing license" means a license to manage a salon and
practice the branch of cosmetology practiced at the salon.
"Managing manicurist" means a person authorized to manage a
nail
salon, but no other type of salon, and engage in the practice
of manicuring, but no other branch of cosmetology.
"Managing natural hair stylist" means a person authorized to
manage a
natural hair style salon, but no other type of salon, and
engage in the practice of natural hair styling, but no other
branch of cosmetology.
"Manicurist" means a person who engages in the practice of
manicuring but no other branch of cosmetology.
"Manicurist instructor" means a person who teaches the
theory and practice of manicuring, but no other branch of
cosmetology, at a school of cosmetology.
"Nail salon" means any premises, building, or part of a
building in which a person engages in the practice of manicuring
but no other branch of cosmetology.
"Nail salon" does not include
a barber shop licensed under Chapter 4709. of the Revised Code in
which a person engages in the practice of manicuring.
"Natural hair stylist" means a person who engages in the
practice of natural hair styling but no other branch of
cosmetology.
"Natural hair style instructor" means a person who teaches
the theory and practice of natural hair styling, but no other
branch of cosmetology, at a school of cosmetology.
"Natural hair style salon" means any premises, building, or
part of a building in which a person engages in the practice of
natural hair styling but no other branch of cosmetology.
"Practice of cosmetology" means the practice of all
branches
of cosmetology.
"Practice of esthetics" means the application of cosmetics,
tonics, antiseptics, creams, lotions, or other preparations for
the purpose of skin beautification and includes preparation of the
skin by manual massage techniques or by use of electrical,
mechanical, or other apparatus.
"Practice
of hair design" means embellishing or beautifying
hair, wigs,
and postiches, such as
or hairpieces by arranging,
dressing, pressing,
curling, waving, permanent waving, cleansing,
cutting, singeing,
bleaching, coloring,
braiding, weaving, or
similar work, and the massaging,
cleansing, stimulating,
manipulating, exercising, or similar work
by the use of manual
massage techniques or mechanical or
electrically operated
apparatus or appliances, or cosmetics,
preparations, tonics,
antiseptics, creams, or lotions, and of
manicuring the nails or
application of artificial nails, which
enumerated practices shall
be inclusive of the practice of
cosmetology, but not in limitation
thereof. Sections 4713.01 to
4713.21 of the Revised Code do not
permit any of the services or
arts described in this division to
be used for the treatment or
cure of any physical or mental
diseases or ailments. The retail sale or the trial demonstration by application
to
the skin for purposes of retail sale of cosmetics,
preparations,
tonics, antiseptics, creams, lotions, wigs, and
postiches shall
not be considered the practice of cosmetology.
(B) Cosmetologist, cosmetician, beauty culturist,
or
hairdresser, means any person who, for pay, free, or
otherwise,
engages in the practice of cosmetology.
(C) Manicurist means any person who, for pay, free, or
otherwise, engages only in the occupation of manicuring the nails
of any person or the application of artificial or sculptured
nails, or both.
(D) The practice of esthetics includes work done for
pay,
free, or otherwise, by any person, which work is the
application
of cosmetics, tonics, antiseptics, creams, lotions,
or other
preparations for the purpose of skin beautification and
includes
preparation of the skin by manual massage techniques or
by use of
electrical, mechanical, or other apparatus.
(E) Esthetician means any person who, for pay, free, or
otherwise, engages only in the practice of esthetics.
(F) Beauty salon means any premises, building, or part
of a
building, in which any branch of cosmetology, except the
occupation of a manicurist when carried on in a barber shop
licensed under Chapter 4709. of the Revised Code, or the
occupation of a cosmetologist is practiced.
(G) Student means any person who is engaged in learning
or
acquiring knowledge of the occupation of a cosmetologist,
manicurist, or esthetician in a school of cosmetology.
(H) School of cosmetology means any premises, building,
or
part of a building in which students are instructed in the
theories and practices of cosmetology, manicuring, and esthetics.
(I) Managing cosmetologist means any person who has met
the
requirements of division (E) of section 4713.04
of the Revised
Code, and has applied for and received a managing
cosmetologist
license.
(J) Cosmetology instructor means any person who has met
the
requirements of division (F) of section 4713.04
of the
Revised
Code, and has applied for and received an instructor's
license.
(K) Apprentice instructor means any licensee of the state
board of
cosmetology who is engaged in learning or acquiring
knowledge of the occupation of an instructor, in any branch of
cosmetology in
a
duly licensed school of cosmetology.
(L) Cosmetic therapy and cosmetic therapist have the
same
meanings as in section 4731.15 of the Revised Code.
(M) Nail salon means any premises, building, or part of
a
building in which manicurists engage only in the occupation of
manicuring the nails of any person or the application of
artificial or sculptured nails, or both. For administrative
purposes, a nail salon is deemed the equivalent of a beauty salon
and is subject to appropriate rules with respect to sanitation
and
sterilization. A licensed manicurist may practice the
occupation
of manicuring nails in a nail salon, in a beauty
salon, or in a
barber shop.
(N) Esthetics salon means any premises, building, or
part of
a building in which esthetics is performed by a person
licensed as
a cosmetologist or esthetician. For administrative
purposes, an
esthetics salon is deemed the equivalent of a beauty
salon and is
subject to the appropriate rules with respect to
sanitation and
sterilization.
(O) Managing manicurist means any person who has met the
requirements of division (H) of section 4713.04 of the Revised
Code, and has applied for and received a managing manicurist
license.
(P) Manicurist instructor means any person who meets the
requirements of division (L) of section 4713.04 of the Revised
Code and who has applied for and received a manicurist instructor
license.
(Q) Managing esthetician means any person who has met
the
requirements of division (J) of section 4713.04 of the
Revised
Code, and has applied for and received a managing
esthetician's
license.
(R) Esthetics instructor means any person who meets the
requirements of division (K) of section 4713.04 of the Revised
Code and who has applied for and received an esthetics instructor
license.
(S) Glamour photography means the combination of a
photographic service or
product with the delivery of a cosmetology
service advertised or sold to the
public.
(T) The practice. "Practice of hair design" includes
utilizing
techniques performed by hand that result in tension on
hair roots
such as twisting, wrapping, weaving, extending,
locking, or
braiding of the hair.
"Practice of manicuring" means manicuring
the nails of any
person, applying artificial or sculptured nails
to any
person,
massaging the hands and lower arms up to the elbow of any
person,
massaging the feet and lower legs up to the knee of any
person, or
any combination of these four types of services.
"Practice
of natural hair
styling" means
work done for a
fee or other form of
compensation, by any person, utilizing
techniques performed by
hand that result in tension on hair roots
such as twisting,
wrapping, weaving, extending, locking, or
braiding of the hair,
and which work.
"Practice of natural hair
styling" does not include the application of dyes, reactive
chemicals, or other preparations to alter the color or to
straighten, curl, or alter the structure of the hair. "Practice
of
natural hair styling" also does not include embellishing or
beautifying hair by cutting or singeing, except as needed to
finish off the end of a braid, or by dressing, pressing, curling,
waving, permanent waving, or similar work. (U)
Braiding means intertwining the
hair in a systematic
motion to create patterns in a three-dimensional form,
inverting
the hair against the scalp along part
of a straight or curved row
of intertwined hair, or twisting the
hair in a systematic motion,
and includes extending the hair with
natural or synthetic hair
fibers
"Practicing license" means a license to practice a branch
of cosmetology.
"Salon" means a beauty salon, esthetics salon, hair design
salon, nail salon, or natural hair style salon.
"School of cosmetology" means any premises, building, or
part of a building in which students are instructed in the
theories and practices of one or more branches of cosmetology.
"Student" means a person, other than an apprentice
instructor, who is engaged in learning or acquiring knowledge of
the practice of a branch of cosmetology at a school of
cosmetology.
"Tanning facility" means a room or booth that houses
equipment or beds used for tanning human skin by the use of
fluorescent sun lamps using ultraviolet or other artificial
radiation.
Sec. 4713.02. (A) There is hereby created the state board
of cosmetology, consisting of
all of the following
seven members
appointed by the governor, with the advice and consent of the
senate:
four graduate licensed cosmetologists, three of whom are
actively engaged in the management of a beauty salon (1) One person holding a current, valid cosmetologist,
managing cosmetologist, or cosmetology instructor license at the
time of appointment; (2) Two persons holding current, valid managing
cosmetologist licenses and actively engaged in managing beauty
salons at the time
of appointment;
one regularly
licensed
physician; one (3)
One person who holds a current, valid independent
contractor license at the time of appointment or the owner or
manager of a licensed salon in which at least one person holding a
current, valid independent contractor license practices a branch
of cosmetology;
(4) One person who represents individuals who teach the
theory and practice of a branch of cosmetology at a vocational
school;
(5) One owner of a
licensed school of cosmetology;
and one (6) One owner of at least five
licensed
beauty salons;
(7) One person who is either an advanced practice nurse
approved under section 4723.55 of the Revised Code, a certified
nurse practitioner or clinical nurse specialist holding a
certificate of authority under section 4723.41 of the Revised
Code, or a physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(8) One person representing the general public. (B) The superintendent of public instruction shall nominate
three persons for the governor to choose from when making an
appointment under division (A)(4) of this section. (C) All members shall be at least twenty-five years of age,
residents of the state, and citizens of the United States. No
more than two members, at any time, shall be graduates of the
same
school of cosmetology. Terms
Except for the initial members appointed under
divisions (A)(3) and (4) of this section, terms of
office are for
five years, commencing. The term of the
initial member appointed
under division (A)(3) of this section
shall be three years. The
term of the initial member appointed
under division (A)(4) of this
section shall be four years. Terms
shall commence on the first
day of November and
ending
end on the
thirty-first day of October.
Each member shall hold office from
the date of appointment
until
the end of the term for which
appointed. In case of
a vacancy
occurring on the board, the
governor shall, in the same
manner
prescribed for the regular
appointment to the board, fill
the
vacancy by appointing a member.
Any member appointed to fill
a
vacancy occurring prior to the
expiration of the term for which
the member's predecessor was
appointed shall hold office for
the
remainder
of such term. Any
member shall continue in office
subsequent to
the expiration date
of the member's term until
the
member's successor takes office, or
until a period of sixty days
has elapsed,
whichever occurs
first.
Before entering upon the
discharge of the duties
of the office of
member, each member shall
take, and file with the
secretary of
state, the oath of office
required by Section 7 of Article XV,
Ohio
Constitution.
The members of the board shall receive an amount fixed
pursuant to Chapter 124. of the Revised Code per diem for every
meeting of the board which they attend, together with their
necessary expenses, and mileage for each mile necessarily
traveled. The members of the board shall annually elect, from among
their number, a chairperson, and annually appoint an
executive
director who is not a member of the board. The executive
director, before entering upon the discharge of the executive
director's duties, shall file with the secretary of
state a good
and sufficient bond payable to the state, to ensure the faithful
performance of duties of the office of executive director,
in such
sum as the
board requires. The premium of the
bond shall be paid
from appropriations made to the board for
operating purposes. The board shall prescribe the duties of its officers and
establish an office at Columbus, Ohio. The board shall keep all
records and files at the office and have the records and files at
all reasonable hours open to public inspection. The board also
shall adopt a seal. (B) The board may employ necessary inspectors, examiners,
consultants on contents of examinations, and clerks. All
inspectors, and examiners of cosmetologists, shall be licensed
cosmetologists.
(C) The board shall adopt rules for carrying out sections
4713.01 to 4713.25 of the Revised Code. The rules shall cover at
least all of the following:
(1) Conducting examinations of applicants for a license;
(2) The recognition of, and the credits to be given to,
the
study of cosmetology, or any branch thereof, in a school of
cosmetology licensed under the laws of this or another state;
(3) Establishing reasonable fees for application to take the
examination
for licensure as a natural hair stylist and for
issuance of a license
to practice natural hair styling;
(4) Sanitary standards, including those authorized by the
department of health, with particular reference to the
precautions
to be employed to prevent the creating or spreading
of infectious
or contagious diseases in beauty salons, nail
salons, esthetics
salons, or schools of cosmetology, or in the
practice of
cosmetology.
The board shall furnish a copy of all sanitary rules
adopted
to each person issued a license for the conduct of a
beauty salon,
nail salon, esthetics salon, or school of
cosmetology and to each
operator, manicurist, and person engaged
in the practice of
massage. A copy of all such sanitary rules
shall be posted in a
conspicuous place in all beauty salons, nail
salons, esthetics
salons, and schools of cosmetology.
The board may adopt rules authorizing beauty or nail salons
to offer esthetic services in the salon and may adopt rules
regulating the practice of the services.
(D) The board shall do all of the following:
(1) Hold examinations of all applicants for license
whose
applications have been submitted in proper form;
(2) Issue licenses to applicants who meet the
requirements
of sections 4713.01 to 4713.25 of the Revised Code;
(3) Register beauty salons, nail salons, esthetics salons,
and schools of cosmetology;
(4) Report to the proper prosecuting officer all
violations
coming within its knowledge;
(5) Make a written report annually to the governor
concerning the conditions in this state of cosmetology and the
branches thereof, which report shall also contain a brief
reference to the proceedings had by or before the board for the
year last past and a statement of all money received and expended
by the board during such year;
(6) Keep a record containing the name and known place of
business, and the date and number of license, of every licensed
cosmetologist, esthetician, and every person engaged in the
practice of any branch of cosmetology, together with the name and
address of all tanning facilities, licensed beauty salons,
licensed nail salons, licensed esthetics salons, and schools of
cosmetology;
(7) Keep a record of its proceedings;
(8) All things necessary to carry out sections 4713.01 to
4713.25 of the Revised Code.
Sec. 4713.03. The state board of cosmetology shall hold a
meeting
for the
examination of applicants for license and the
transaction of such other
to transact its business
as shall
pertain to its duties at least four times a year
and the. The
board may hold
other
additional meetings
for the examination of
applicants or for the
transaction of necessary business as, in its
judgment,
may be required,
are necessary. The board shall meet at
such
the times and places
as it
may determine
selects.
Sec. 4713.18
4713.04. The state board of cosmetology may
authorize any of its
members,
in writing, to undertake any
proceedings authorized by
sections 4713.01 to
4713.21, inclusive,
of the Revised Code
this chapter, and the finding or order of such
members is the finding of the board when confirmed by it.
Sec. 4713.19
4713.05. All receipts of the state board of
cosmetology shall be
deposited into the state treasury to the
credit of the occupational licensing and regulatory fund. All
vouchers of the
board shall be approved by the board
president
chairperson or
executive director, or both, as authorized by the
board. Sec. 4713.06. The state board of cosmetology shall annually
appoint an executive director. The executive director may not be
a member of the board. The executive director, before entering
upon the discharge of the executive director's duties, shall file
with the secretary of state a good and sufficient bond payable to
the state, to ensure the faithful performance of duties of the
office of executive director. The bond shall be in an amount the
board requires. The premium of the bond shall be paid from
appropriations made to the board for operating purposes.
The board may employ inspectors, examiners, consultants on
contents of examinations, and clerks as necessary for the
administration of this chapter. All inspectors and examiners
shall be licensed cosmetologists. The board may appoint inspectors of tanning facilities as
needed to make periodic inspections as the board specifies. Sec. 4713.07. The state board of cosmetology shall do all of
the following: (A) Prescribe and make available application forms to be
used by persons seeking admission to an examination conducted
under section 4713.24 of the Revised Code or a license issued
under this chapter; (B) Prescribe and make available application forms to be
used by persons seeking renewal of a license issued under this
chapter; (C) Report to the proper prosecuting officer all violations
of section 4713.14 of the Revised Code of which the board is
aware; (D) Submit a written report annually to the governor that
provides all of the following: (1) A discussion of the conditions in this state of the
branches of cosmetology; (2) A brief summary of the board's proceedings during the
year the report covers; (3) A statement of all money that the board received and
expended during the year the report covers. (E) Keep a record of all of the following: (1) The board's proceedings; (2) The name and last known address of each person issued a
license under section 4713.28, 4713.30, 4713.31, 4713.34, or
4713.39 of the Revised Code; (3) The name and address of each salon issued a license
under section 4713.41 of the Revised Code and each school of
cosmetology issued a license under section 4713.44 of the Revised
Code; (4) The name and address of each tanning facility issued a
permit under section 4713.48 of the Revised Code; (5) The date and number of each license and permit that the
board issues; (F) All other duties that this chapter imposes on the board.
Sec. 4713.08. (A) The state board of cosmetology shall adopt
rules in accordance with Chapter 119. of the Revised Code as
necessary to implement this chapter. The rules shall do all of
the following: (1) Govern the practice of the branches of cosmetology and
management of salons; (2) Specify conditions a person must satisfy to qualify
for
a temporary pre-examination work permit under section 4713.22 of
the Revised
Code and the conditions and method of renewing a
temporary pre-examination work permit under that section; (3) Provide for the conduct of examinations under section
4713.24 of the Revised Code; (4) Specify conditions under which the board will take into
account, under section 4713.32 of the Revised Code, instruction an
applicant for a license under section 4713.28, 4713.30, or 4713.31
of the Revised Code received more than five years before the date
of application for the license;
(5)
Provide for the granting of waivers under section
4713.29 of the Revised Code; (6) Specify conditions an applicant must satisfy for the
board to issue the applicant a license under section 4713.34 of
the Revised Code without the applicant taking an examination
conducted under section 4713.24 of the Revised Code; (7) Specify locations in which glamour photography services
in which a branch of cosmetology is practiced may be provided; (8) Establish conditions and the fee for a temporary special
occasion work permit under section 4713.37 of the Revised Code and
specify the amount of time such a permit is valid;
(9)
Specify conditions an applicant must satisfy for the
board to issue the applicant an independent contractor license
under section 4713.39 of the Revised Code and the fee for issuance
and renewal of the license; (10) Establish conditions under which food may be sold at a
salon;
(11) Specify which professions regulated by a professional
regulatory board of this state may be practiced in a salon under
section 4713.42 of the Revised Code;
(12)
Establish standards for the provision of cosmetic
therapy, massage therapy,
or other professional service in a salon
pursuant to section 4713.42 of the Revised Code; (13) Establish standards for board approval of, and the
granting of credits for, training in branches of
cosmetology at
schools of cosmetology licensed in this state; (14) Establish sanitary standards for the practice of the
branches of cosmetology, salons, and schools of cosmetology; (15) Establish the application process for obtaining a
tanning facility permit under section 4713.48 of the Revised Code,
including the amount of the fee for an initial or renewed permit; (16) Establish standards for installing and operating a
tanning facility in a manner that ensures the health and safety of
consumers, including standards that do all of the following: (a) Establish a maximum safe time of exposure to radiation
and a maximum safe temperature at which sun lamps may be operated; (b) Require consumers to wear protective eyeglasses and be
supervised as to the length of time consumers use the facility; (c) Require the operator to prohibit consumers from standing
too close to sun lamps and to post signs warning consumers of the
potential effects of radiation on persons taking certain
medications and of the possible relationship of the radiation to
skin cancer; (d) Require the installation of protective shielding for sun
lamps and handrails for consumers; (e) Require floors to be dry during operation of lamps; (f) Require a consumer who is under the age of eighteen to
obtain written consent from the consumer's parent or legal
guardian prior to receiving tanning services. (17)(a) If the board, under section 4713.61 of the Revised
Code, develops a procedure for classifying licenses inactive, do
both of the following: (i) Establish a fee for having a license classified
inactive
that reflects the cost to the board of
providing the inactive
license service; (ii) Specify the continuing education that a person
whose
license has been classified inactive must complete to have
the
license restored. The continuing education shall be
sufficient to
ensure the minimum competency in the use or administration of a
new procedure or product required by a licensee
necessary to
protect public health and safety. The requirement shall not
exceed the cumulative number of hours of continuing education that
the person would have been required to complete had the person
retained an active license.
(b) In addition, the board may specify the conditions and
method for granting a temporary work permit to practice a branch
of cosmetology to a person whose license has been classified
inactive. (18) Establish a fee for approval of a continuing education
program under section 4713.62 of the Revised Code that is
adequate
to cover any expense the board incurs in the approval
process;
(19) Anything else necessary to implement this chapter.
(B)(1) The rules adopted under division (A)(2) of this
section
may establish additional conditions for a temporary
pre-examination work permit under section 4713.22 of the Revised
Code that are applicable to persons who practice a branch of
cosmetology in another state or country.
(2) The rules adopted under division (A)(17)(b) of this
section may establish additional conditions for a temporary work
permit that are applicable to persons who practice a branch of
cosmetology in another state.
(C) The conditions specified in rules adopted under division
(A)(6) of this section may include that an applicant is applying
for a license to practice a branch of cosmetology for which the
board determines an examination is unnecessary. (D) The rules adopted under division (A)(11) of this section
shall not include a profession if practice of the profession in a
salon is a violation of a statute or rule governing the
profession.
(E) The sanitary standards established under division
(A)(14) of this section shall focus in particular on precautions
to be employed to prevent infectious or contagious diseases being
created or spread. The board shall consult with the Ohio
department of health when establishing the
sanitary standards.
(F) The fee established by rules adopted under division
(A)(15) of this section shall cover the cost the board incurs in
inspecting tanning facilities and enforcing the board's rules but
may not exceed one hundred dollars per location of such
facilities. Sec. 4713.081. The state board of cosmetology shall furnish a
copy of the sanitary standards established by rules adopted under
section 4713.08 of the Revised Code to each person to whom the
board issues a practicing license,
managing license, or license to
operate a salon or school of
cosmetology. The board also shall
furnish a copy of the sanitary
standards to each person providing
cosmetic therapy,
massage
therapy, or other professional service
in a salon under section
4713.42 of the Revised Code. A
salon or
school of cosmetology
provided a copy of the sanitary
standards
shall post the standards
in a public and conspicuous place in the
salon or school.
Sec. 4713.082. The state board of cosmetology shall furnish a
copy of the standards established by rules adopted under section
4713.08 of the Revised Code for installing and operating a tanning
facility to each person to whom the board issues a permit to
operate a tanning facility. A person provided a copy of the
standards shall post the standards in a public and conspicuous
place in the tanning facility. Sec. 4713.09. The state board of cosmetology may adopt
rules
in accordance with Chapter 119.
of the Revised Code to establish a
continuing education
requirement, not to
exceed eight hours in a
biennial licensing
period, as a condition
of renewal for a
practicing license,
managing license, or
instructor license.
Sec. 4713.10. The state board of cosmetology shall charge
and collect the following fees: (A)
For a temporary pre-examination work permit under section
4713.22 of the Revised Code, five dollars; (B) For
initial application to take
the
an examination
for a
license
to
practice cosmetology, or any branch thereof
under
section 4713.24 of the Revised Code, twenty-one
dollars; (B)(C) For application to take an examination under section
4713.24 of the Revised Code by an applicant who has previously
applied to take, but failed to appear for, the examination, forty
dollars;
(D) For
the re-examination of any
application to re-take an
examination under section 4713.24 of the Revised Code by an
applicant who has
previously
appeared for, but failed to pass, the
examination,
twenty-one
dollars; (C)(E) For the issuance
or renewal of a cosmetology,
manicurist, or esthetics instructor's
of a license
under section
4713.28, 4713.30, or 4713.31 of the Revised Code,
thirty dollars;
(D)(F) For the issuance
or renewal of a managing
cosmetologist's, managing manicurist's, or managing esthetician's
of a
license
under section 4713.34 of the Revised Code,
thirty
sixty dollars;
(E)(G) For renewal of a license issued under section 4713.28,
4713.30, 4713.31, or 4713.34 of the Revised Code, thirty dollars;
(H) For the issuance or renewal of a cosmetology school
license, two hundred fifty dollars; (F)(I) For the inspection and issuance of a new
beauty
salon,
nail salon, or esthetics salon
license or the change of
name or ownership
of a
beauty salon, nail salon, or esthetics
salon license,
sixty
dollars;
(G)(J) For the renewal of a
beauty salon, nail salon, or
esthetics salon license, fifty dollars;
(H) For the issuance or renewal of a cosmetologist's,
manicurist's, or esthetician's license, thirty dollars;
(I)(K) For the restoration of
any lapsed
an expired license
which
that may be
restored pursuant to section
4713.11
4713.63 of
the Revised Code, and in
addition to the payments
required by that
section
for all lapsed renewal fees, thirty
dollars;
(J) For the issuance of a license under section 4713.09 of
the Revised Code, sixty dollars;
(K)(L) For the issuance of a duplicate of any license,
fifteen
dollars;
(L)(M) For the preparation and mailing of a licensee's
records
to another state for a reciprocity license, fifty
dollars;
(M)(N) For the processing of any fees related to a check
from a
licensee
returned to the board for insufficient funds, an
additional twenty dollars.
Each applicant shall, in addition to the fees specified,
furnish the applicant's own models.
Sec. 4713.22
4713.11. The state board of cosmetology,
subject to the approval of the
controlling board, may establish
fees in excess of the amounts provided by
section 4713.10 of the
Revised Code, provided that any fee increase does not
exceed the
amount permitted by more than fifty per cent.
Sec. 4713.26
4713.13. Whenever in the judgment of the
state
board of cosmetology any person
has engaged in or is about to
engage in any acts or practices that constitute
a
violation of
this chapter, or any rule adopted under this chapter, the board
may apply to the appropriate court for an order enjoining the acts
or
practices, and upon a showing by the board that the person has
engaged in the
acts or practices, the court shall grant an
injunction, restraining order, or
other order as may be
appropriate.
Sec. 4713.20
4713.14. (A) No person shall do any of the
following: (1) Conduct or operate a nail salon, beauty salon,
esthetics
salon, or school of cosmetology without a license;
(2) Practice cosmetology for pay, free, or otherwise,
either
as a cosmetologist, managing cosmetologist, cosmetology
instructor, manicurist, managing manicurist, manicurist
instructor, esthetician, managing esthetician, or esthetics
instructor, without a license;
(3) Practice natural hair styling for pay, free, or
otherwise, without a
license;
(4) Employ as a cosmetologist, managing cosmetologist,
cosmetologist instructor, except as provided in division (C) of
section 4713.15 of the Revised Code, manicurist, managing
manicurist, manicurist instructor, esthetician, managing
esthetician, or esthetics instructor, any person without a
license;
(5)(A) Use fraud or deceit in making application for a
license or permit;
(B) Aid or abet any person: (a)(1) Violating
sections 4713.01 to 4713.21 of the Revised
Code
this chapter or a rule adopted under it;
(b)(2) Obtaining a license
or permit fraudulently;
(c)(3) Falsely pretending to
be licensed;
(d) Violating any of the sanitary rules for the regulation
of the practice of cosmetology
hold a current, valid license or
permit.
(6) Engage in the practice of
(C) Practice a branch of
cosmetology, for pay, free, or otherwise, without one of the
following authorizing the practice of that branch of cosmetology:
(1) A current, valid
license under section 4713.28,
4713.30, or
4713.34 of the Revised Code; (2) A current, valid temporary pre-examination work permit
issued under section 4713.22 of the Revised Code;
(3) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code; (4) A current, valid temporary work permit issued under rules
adopted by the board pursuant to section 4713.08 of the Revised
Code.
(D) Employ a person to practice a branch of cosmetology if
the person does not hold one of the following authorizing the
practice of that branch of cosmetology: (1) A current, valid license under section
4713.28, 4713.30,
or
4713.34 of the Revised Code; (2) A current, valid temporary pre-examination work permit
issued under section 4713.22 of the Revised Code;
(3) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code; (4) A current, valid temporary work permit issued under rules
adopted by the board pursuant to section 4713.08 of the Revised
Code.
(E) Manage a salon without a current, valid license under
section 4713.30 or 4713.34 of the Revised Code to manage that type
of salon;
(F) Except for apprentice instructors and as provided in
section 4713.45 of the Revised Code, teach the theory or practice
of a branch of cosmetology at a school of cosmetology without
either of the following authorizing the teaching of that branch of
cosmetology: (1) A
current, valid license under section 4713.31 or
4713.34 of the
Revised Code; (2) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code.
(G) Advertise or operate a glamour photography service in
which a branch of cosmetology is practiced unless the person
practicing the branch of cosmetology holds either of the following
authorizing the practice of that branch of cosmetology: (1) A current, valid
license under section 4713.28, 4713.30,
or
4713.34 of the Revised Code;
(2) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code.
(H) Advertise or operate a glamour photography service in
which a branch of cosmetology is practiced at a location not
specified by rules adopted under section 4713.08 of the Revised
Code;
(I) Practice a branch of cosmetology at a salon in which
the person rents booth space without a current, valid independent
contractor license under section 4713.39 of the Revised Code;
(J) Operate a salon without a current, valid license under
section 4713.41 of the Revised Code;
(K) Provide cosmetic therapy or massage
in
therapy at a
beauty salon or
nail
salon for pay, free, or otherwise
unless the
person
holds
without
a current,
valid certificate issued by the
state medical board
pursuant to
under section 4731.15 of the
Revised Code
or provide any other professional service at a salon
for pay, free, or otherwise without a current, valid license or
certificate issued by the professional regulatory board of this
state that regulates the profession; (7) Engage in the advertisement or operation of a glamour
photography service
unless properly licensed under this chapter by
the state board of cosmetology.
(B) Sections 4713.01 to 4713.21 of the Revised Code do not
prohibit any student in a licensed school of cosmetology in this
state from engaging in that school, as a student, in work
connected with any branch of cosmetology taught in the school
(L) Teach a branch of cosmetology
at a salon, unless the
person receiving the instruction holds either of the following
authorizing the practice of that branch of cosmetology: (1) A
current, valid license under section 4713.28, 4713.30,
or
4713.34 of the
Revised Code; (2) A current, valid temporary pre-examination work permit
issued under section 4713.22 of the Revised Code.
(M) Operate a school of cosmetology without a current,
valid
license under section 4713.44 of the Revised Code;
(N) At a salon or school of cosmetology, do either of the
following:
(1) Use or possess a cosmetic product containing an
ingredient that the United States food and drug administration has
prohibited by regulation;
(2) Use a cosmetic product in a manner inconsistent with a
restriction established by the United States food and drug
administration by regulation; (3) Use or possess a liquid nail monomer containing any trace
of methyl methacrylate (MMA).
(O) While in charge of a salon or school of cosmetology,
permit any person to sleep in, or use for residential purposes,
any room used wholly or in part as the salon or school of
cosmetology; (P) Maintain, as an established place of business for the
practice of one or more of the branches of cosmetology, a room
used wholly or in part for sleeping or residential purposes;
(Q) Operate a tanning facility that is offered to the
public for a fee or other compensation without a current, valid
permit under section 4713.48 of the Revised Code. Sec. 4713.141. An inspector employed by the state board of
cosmetology may take a sample of a product used or sold in a salon
or school of cosmetology for the purpose of examining the sample,
or causing an examination of the sample to be made, to determine
whether division (N) of section 4713.14 of the Revised Code has
been violated.
Sec. 4713.15. This chapter does not permit any of the
services or arts that are part of the practice of a branch of
cosmetology to be used for the treatment or cure of a physical or
mental disease or ailment.
Sec. 4713.16. This chapter does not prohibit any of the
following: (A) Practicing a branch of cosmetology without a license if
the person does so for free at the person's home for a family
member who resides in the same household as the person; (B) The retail sale, or trial demonstration by application
to the skin for purposes of retail sale, of cosmetics,
preparations, tonics, antiseptics, creams, lotions, wigs, or
hairpieces without a practicing license; (C) The retailing, at a salon, of cosmetics, preparations,
tonics, antiseptics, creams, lotions, wigs, hairpieces, clothing,
or any other items that pose no risk of creating unsanitary
conditions
at the salon; (D) The provision of glamour photography services at a
licensed salon if either of the following is the case: (1) A branch of cosmetology is not practiced as part of the
services. (2) If a branch of cosmetology is practiced as part of the
services, the part of the services that is a branch of cosmetology
is performed by a person who holds either of the following
authorizing the person to practice that branch of cosmetology: (a) A current, valid license under section 4713.28, 4713.30,
or
4713.34
of the Revised Code; (b) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code. (E) A student engaging, as a student, in work connected with
a branch of cosmetology taught at the school of cosmetology at
which the student is enrolled.
Sec. 4713.12
4713.17. Sections 4713.01 to 4713.21 of the
Revised
Code do not prohibit service in cases of emergency or
domestic
administration, without compensation.
(A) The following
persons
shall be
are exempt from the provisions of
such sections
this chapter, except, as applicable, section 4713.42 of the
Revised Code: (A)(1) All persons authorized to practice medicine, surgery,
dentistry, and nursing or any of its branches in this state;
(B)(2) Commissioned surgical and medical officers of the
United
States army, navy,
air force, or marine hospital service
when
engaged
in the
actual performance of their official duties,
and
attendants
attached to same;
(C)(3) Barbers, insofar as their usual and ordinary vocation
and profession is concerned;
(D)(4) Funeral directors, embalmers, and apprentices
licensed
or registered under Chapter 4717. of the Revised Code;
(E)(5) Persons who are engaged in the retail sale, cleaning,
or
beautification of wigs and
postiches
hairpieces but who do not
engage in
any other act constituting the practice
of a branch of
cosmetology;
(F)(6) Volunteers of hospitals, and homes as defined in
section
3721.01 of the Revised Code, who render service to
registered
patients and inpatients who reside in such hospitals
or
homes.
Such volunteers shall not use or work with any
chemical
products
such as permanent wave, hair dye, or chemical
hair
relaxer, which
without proper training would pose a health
or
safety problem to
the patient.
(G)
Nurses
(7) Nurse aides and other employees of hospitals
and
homes as defined in section 3721.01 of the Revised Code, who
render
practice a branch of cosmetology
services to
on registered
patients only as part
of general patient care services and who do
not charge patients
directly on a fee for service basis;
(H)(8)
Cosmetic therapists
and massage
therapists who hold
current, valid certificates
to
practice
cosmetic
or massage
therapy issued by the
state medical board
under section 4731.15
of
the Revised Code, to the extent their actions are authorized by
their
certificates to practice;
(I) Photographers engaged in delivering a glamour
photography service in a
licensed salon, so long as the person
advertising and operating the glamour
photography service is
properly licensed under this chapter by the state board
of
cosmetology
(9) Inmates who provide services related to a branch
of cosmetology to other inmates, except when those services are
provided in a licensed school of cosmetology within a state
correctional institution for females.
(B) The director of rehabilitation and correction shall
oversee the services described in division (A)(9) of this section
with respect to sanitation and adopt rules governing those types
of services provided by inmates.
Sec. 4713.05
4713.20.
Every application for
(A) Each person
who seeks admission to
an examination,
conducted under section
4713.24 of the Revised Code and
every
application for
each person
who seeks a license
as a cosmetologist, a natural hair
stylist, or
in any branch of cosmetology,
under this chapter
shall
be in
writing, on forms
prepared and furnished by the state board of
cosmetology. Such application shall be accompanied by the fee
specified, and
shall contain
do all of the following: (1) Submit to the state board of cosmetology a written
application containing proof of the
qualifications of the
applicant for
following:
(a) If the person seeks admission to an examination, that
the person satisfies all conditions to obtain the license for
which the examination is
conducted, other than the requirement to
have passed the
examination, or
for;
(b) If the person seeks a license, that the person
satisfies all conditions for obtaining the license, and shall be
verified. (2) Pay to the board the applicable fee; (3) Verify by
the oath
that
of the
applicant
application is
true. If, after application, the applicant fails to appear for the
applicant's examination, in
order to be examined at a later date,
the applicant may apply again as
specified above and shall pay the
re-examination fee.
Applicants failing to pass the examination may apply again as
specified above
and shall pay the re-examination fee
(B) An
application to operate a salon or school of cosmetology may be
submitted by the owner, manager, or person in charge of the salon
or school.
Sec. 4713.21. Both of the following may apply again under
section 4713.20 of the Revised Code for admission to an
examination conducted under section 4713.24 of the Revised Code:
(A) A person who failed to appear for an examination that
the person was previously scheduled to take;
(B) A person who appeared for a previously scheduled
examination but failed to pass it.
Sec. 4713.22. (A) The state board of cosmetology shall issue
a temporary pre-examination work permit to a person who applies
under section
4713.20 of the Revised Code for admission to an
examination
conducted under section 4713.24 of the Revised Code,
if
the person
satisfies all of the following conditions:
(1) Is seeking a practicing license; (2)
Has not previously failed an examination conducted
under section 4713.24 of the Revised Code to determine the
applicant's fitness to practice the branch of cosmetology for
which the person seeks a license;
(3) Pays to the board the applicable fee; (4) Satisfies all other conditions established by rules
adopted under section 4713.08 of the Revised Code.
(B) A person issued a temporary pre-examination work
permit may practice
the branch of cosmetology for which the person
seeks a license
until the date the person is scheduled to take an
examination
under section 4713.24 of the Revised Code. The person
shall
practice under the supervision of a person holding a
current, valid managing license appropriate for the type of salon
in which the permit holder practices. A temporary pre-examination
work permit is
renewable in accordance with rules adopted under
section 4713.08 of the Revised Code.
Sec. 4713.06
4713.24.
(A) All examinations of applicants
under
sections 4713.01 to 4713.21 of the Revised Code shall meet
The state board of cosmetology shall conduct an
examination for
each person who satisfies the requirements established by section
4713.20 of the Revised Code for admission to the examination. The
examination shall be specific to the type of license the person
seeks and satisfy all of
the following conditions: (1)(A) Include both practical demonstrations and
written or
oral tests
related to the type of license the person seeks;
(2)(B) Relate only to
a branch of cosmetology, managing
license, or both, but
not
be confined to any
special system or
method;
(3)(C) Be consistent in both practical and technical
requirements, and
for the type of license the person seeks;
(D) Be of sufficient thoroughness to satisfy the
state
board
of cosmetology as to the
applicant's
person's skill in and
knowledge
if
of the
practice of the occupation for which a license
is
sought. (B)(1) Examinations for licenses as cosmetologists shall,
in
addition to the requirements of division (A) of this section,
include practical demonstrations and
written or oral tests in
sanitation and the use of mechanically
and electrically operated
apparatus as applicable to the practice
branch of cosmetology,
managing license, or both, for which the examination is conducted.
(2) Examinations for a managing cosmetologist's license
may
be administered separately at the completion of the managing
cosmetologist's training course, or may be combined with the
examination for a cosmetologist's license where the applicant has
completed a single eighteen hundred-hour combined cosmetologist
and managing cosmetologist course. Applicants may apply for an
examination for a managing cosmetologist's license following
completion of one year of certified employment experience in a
licensed beauty salon.
(3) Examinations for a managing manicurist's license may
be
administered separately at the completion of the managing
manicurist's training course, or may be combined with the
examination for a manicurist license when the applicant has
completed a single three hundred-hour course combining the
manicurist and managing manicurist training certified to the
board
by a licensed school of cosmetology in this state.
(4) In addition to the requirements of division (A) of
this
section, examinations for licenses as an esthetician shall
include
a
practical demonstration and a written or oral test in
sanitation
and the principles of esthetics.
(5) Examinations for a license as a managing esthetician
may
be administered separately at the completion of the
applicant's
training as a managing esthetician or may be combined
with the
examination for the license as an esthetician when the
applicant
has completed a single course of study of at least
seven hundred
fifty hours combining esthetics and managing
esthetics training in
a licensed school of cosmetology in this
state.
Sec. 4713.25. The state board of cosmetology may administer a
separate managing cosmetologist examination for persons who
complete a managing cosmetologist training course separate from a
cosmetologist training course. The board may combine the managing
cosmetologist examination with the cosmetologist examination for
persons who complete a combined eighteen hundred-hour
cosmetologist and managing cosmetologist training course. The board may administer a separate managing esthetician
examination for persons who complete a managing esthetician
training course separate from an esthetician training course. The
board
may combine the managing esthetician examination with the
esthetician examination for persons who complete a combined seven
hundred fifty-hour esthetician and managing esthetician training
course. The board may administer a separate managing hair designer
examination for persons who complete a managing hair designer
training course separate from a hair designer training course.
The
board
may combine the managing hair designer examination with
the
hair
designer examination for persons who complete a combined
one
thousand four hundred forty-hour hair designer and managing
hair
designer training course. The board may administer a separate managing manicurist
examination for persons who complete a managing manicurist
training course separate from a manicurist training course. The
board may
combine the managing manicurist examination with the
manicurist
examination for persons who complete a combined three
hundred-hour manicurist and managing manicurist training
course. The board may administer a separate managing natural hair
stylist examination for persons who complete a managing natural
hair stylist training course separate from a natural hair stylist
training course. The board may combine the managing natural hair
stylist
examination with the natural hair stylist examination for
persons
who complete a combined six hundred-hour natural hair
stylist and
managing natural hair stylist training course.
Sec. 4713.26. Each person admitted to an examination
conducted under section 4713.24 of the Revised Code shall furnish
the person's own model.
Sec. 4713.04
4713.28.
(A) Applicants for a cosmetologist's
license shall be
The state board of
cosmetology shall issue a
practicing
license to an applicant who,
except as provided in
section 4713.30 of the Revised Code,
satisfies all of the
following applicable conditions:
(A) Is at least sixteen years of age,; (B) Is of good moral
character, have; (C) Has the equivalent of an Ohio public school
eighth
tenth
grade education, and have received a total of not less than; (D) Passes an examination conducted under section 4713.24 of
the Revised Code for the branch of cosmetology the applicant seeks
to practice; (E) Pays to the board the applicable fee; (F) In the case of an applicant for an initial
cosmetologist license, has
successfully completed at least
fifteen
hundred
hours of
instruction in the several branches of
board-approved
cosmetology, including subjects relating to
sanitation,
training
in a
licensed school of cosmetology
licensed
in
Ohio or otherwise
pursuant to
credits given by the state board
of cosmetology as
provided in
section 4713.02 of the Revised Code
this state,
provided
except
that only one
thousand hours of
instruction in the several
branches of
board-approved
cosmetology
training in a
licensed
school of cosmetology
licensed in this
state is
required of a
person licensed as a barber under Chapter
4709. of
the Revised
Code. Except as provided in section 4713.09
of the
Revised Code,
an applicant shall pass an examination in
order to
qualify for a
cosmetologist's
license. (B) Applicants;
(G) In the case of an applicant for an initial
esthetician
license,
has successfully completed at least six hundred hours
of
board-approved esthetics training in a school of cosmetology
licensed in this state;
(H) In the case of an applicant for an initial hair
designer license,
has successfully completed at least one
thousand two
hundred hours of board-approved hair designer
training in a school
of cosmetology licensed in this state,
except
that only one
thousand hours of board-approved hair
designer
training in a
school of cosmetology licensed in this
state is
required of a
person licensed as a barber under Chapter
4709. of
the Revised
Code;
(I) In the case of an applicant
for
a
manicurist's
an
initial manicurist license
shall be
at
least sixteen years of age,
of good moral character, have the
equivalent of an Ohio public
school eighth
grade
education, and
have received, has
successfully completed at least
two
hundred
hours
of
instruction
in
subjects relating to sanitation,
manicuring, and
application of
artificial or sculptured nails
board-approved
manicurist training
in a
licensed school of
cosmetology
licensed
in
Ohio. Except as
provided in section
4713.09 of
the Revised
Code, an applicant
shall pass an examination in order
to qualify
for a
manicurist's
license. (C) Applicants for an esthetician's license shall be at
least sixteen years of age, of good moral character, have the
equivalent of an Ohio public school eighth grade education, and
have successfully completed at least six hundred hours of
instruction in esthetics in a licensed school of cosmetology in
this state. Except as provided in section 4713.09 of the Revised
Code, an applicant shall pass an examination to qualify for an
esthetician's license. The board shall design the examination so
as to demonstrate an applicant's minimum competency in all fields
of esthetics.
(D) Applicants
this state;
(J) In the case of an applicant for
a
an
initial natural
hair stylist license
shall be
at least
sixteen years of age, of
good moral character, have the equivalent of an
Ohio public school
eighth
grade
education, and have received, has successfully
completed at least
four hundred fifty
hours of
instruction in
subjects relating to
sanitation, scalp
care, anatomy, hair
styling, communication skills, and laws
and
rules governing the
practice of
cosmetology. Except as provided
in section 4713.09 of
the Revised
Code, an applicant shall pass an examination to
qualify for a natural
hair
stylist's
license.
(E) Applicants for a managing cosmetologist's license
shall be of good moral character, have the equivalent of an Ohio
public school eighth
grade
education, and have practiced as a
cosmetologist in a licensed beauty salon in
this or
another state
of the United States or the District of
Columbia for
at least one
year, or have completed three hundred hours of board-approved
curriculum
additional in a licensed school of cosmetology in this
state in
subjects relative to advanced cosmetology, business
management,
and supervision. Certification of an applicant's
completion of
one year's experience shall be made to the board by
the licensed
managing cosmetologist or the owner of the licensed
beauty salon
in which the applicant has been employed, or
certification of
completion of the prescribed course of three
hundred additional
hours shall be made to the board by the school
of cosmetology in
this state. Upon either of the foregoing
certifications and,
except as provided in section 4713.09
of the
Revised Code, upon
passage of an examination, the
board shall
issue a managing
cosmetologist's license to the
applicant.
(F) Applicants for an initial cosmetology
instructor's
license shall be
of good moral character, have the equivalent of
an Ohio public school twelfth
grade
education, hold a current
managing cosmetologist license
issued pursuant to
this chapter,
and have practiced as a
licensed cosmetologist in a beauty salon
for
at least twelve
months, or have completed one thousand hours
of cosmetology
instructor
training in a licensed school of
cosmetology in this
state as an
apprentice instructor. On the
date that an apprentice
cosmetology
instructor begins
cosmetology
instructor training in a
licensed
school of
cosmetology, the
school shall certify the name
of the
apprentice
cosmetology
instructor to the board along with
the date
on which
the
apprentice's instructor training began. No
school
shall
have more
than
six apprentice cosmetology instructors
at any
one time. The
apprentice cosmetology instructor shall be
allowed
the regular
quota of students as prescribed by the board,
with the
provision
that a cosmetology instructor is present. An
apprentice
cosmetology instructor may be compensated by the
school.
Certification that the applicant has completed one year or
more
of
experience in a licensed beauty salon shall be made to the
board
by the licensed managing cosmetologist or the owner of the
licensed beauty salon in which the applicant has been employed;
or, certification shall be made to the board by the school of
cosmetology, that the apprentice cosmetology instructor has
completed one thousand hours of teacher training in a licensed
school of cosmetology in this state. Upon any of the foregoing
certifications and provided that the applicant holds a current
managing cosmetologist's license issued pursuant to this chapter,
the board shall issue a cosmetology instructor's license to the
applicant.
(G) Every person who completes a course in cosmetology
given
in a vocational program conducted by a city, exempted
village,
local, or joint vocational school district, is eligible
to apply
for a cosmetologist's or manicurist's license, provided
the person
has completed the educational requirements of
division (A) or
(B)
of this section. The board may adopt rules for the
recognition of
any credit to be given to the study of cosmetology
in such
vocational schools of this state.
(H) The board shall issue to an applicant who has
completed
the requirements of this section and has not previously
failed to
pass an examination conducted by the board to determine
the
applicant's fitness in the practice of cosmetology a
temporary
work
permit upon the receipt of the application for examination as
provided in section 4713.05 of the Revised Code. The temporary
work permit authorizes the holder to engage in the practice of
cosmetology under the supervision of a licensed managing
cosmetologist up to the date of the holding of the next meeting
of
the board for the examination of applicants for license. A
temporary work permit is not renewable and no person is entitled
to more than one such permit. The fee for the temporary work
permit is five dollars.
(I) Applicants for a managing manicurist's license shall
be
of good moral character, have the equivalent of an Ohio public
school eighth grade education, and have practiced as a manicurist
in a licensed nail salon, beauty salon, or barber shop in this or
another state of the United States or the District of Columbia
for
at least one year, or have completed an additional one
hundred
hours of board-approved curriculum in a licensed school
of
cosmetology in this state in advanced subjects relative to
manicuring the nails, application of artificial nails, business
management, and supervision.
Certification of an applicant's completion of one year's
experience shall be made to the state board of cosmetology by the
licensed managing manicurist or the licensed managing
cosmetologist, or the owner of the licensed nail salon, beauty
salon, or barber shop in which the applicant has been employed,
or
certification of completion of the prescribed course of one
hundred additional hours shall be made to the board by the school
of cosmetology in this state. Upon either of the foregoing
certifications, and except as provided in section 4713.09 of the
Revised Code, upon passage of an examination, the board shall
issue a managing manicurist's license to the applicant.
(J) When determining the total hours of instruction
received
by any applicant for licensure under this section, the
board shall
not take into account more than eight hours of
instruction per day
nor instruction received more than five years
prior to issuance of
the initial license.
(K) Applicants for a managing esthetician's license shall
be
of good moral character, have the equivalent of an Ohio public
school eighth grade education, and have practiced esthetics as a
cosmetologist or as an esthetician in this or another state of
the
United States or the District of Columbia for at least one
year or
have completed, in addition to the hours required for
licensure as
a cosmetologist or esthetician, at least one hundred
fifty hours
of management training in a licensed school of
cosmetology in this
state.
Certification to the board of either the completion of the
one year of experience or the additional one hundred fifty hours
of management training qualifies the applicant to take the
examination for licensure as a managing esthetician. Upon
satisfactory passage of the board's examination and payment of
all
applicable fees, the board shall issue the applicant a
managing
esthetician's license.
(L) Applicants for an initial
license as an esthetics
instructor shall
be at least eighteen years of age, have
the
equivalent of an Ohio public school twelfth
grade
education, hold
a current managing cosmetologist's or
managing esthetician's
license, and have at least one year of
experience in the practice
of
cosmetology or esthetics as a
managing cosmetologist or
managing
esthetician in a licensed salon
or have five hundred
hours of training as an assistant esthetics
instructor.
(M) Applicants for an initial license as a
manicurist
instructor shall
be at least eighteen years of age, have
the
equivalent of an
Ohio public school twelfth
grade
education, hold
a
current managing manicurist or managing
cosmetologist license
issued in
this state, and have practiced as a
licensed managing
manicurist or managing
cosmetologist in
a salon for at least
twelve
months. In place
of the salon
experience, an applicant may
substitute the
completion, in addition to the
hours required
for
licensure as a
cosmetologist or manicurist, of three hundred hours
of
training in the practice of
manicuring instruction in a
licensed
school of cosmetology in this
state.
Sec. 4713.29. In accordance with rules adopted under section
4713.08 of the Revised Code, the state board of cosmetology may
waive a condition established by section 4713.28 of the Revised
Code for a license to practice a branch of cosmetology for an
applicant who practices that branch of cosmetology in a state or
country that does not license or register branches of cosmetology.
Sec. 4713.30. The state board of cosmetology shall issue a
managing license to an applicant who satisfies all of the
following applicable conditions: (A) Is at least sixteen years of age;
(B) Is of good moral character;
(C) Has the equivalent of an Ohio public school tenth grade
education;
(D) Pays to the board the applicable fee; (E) Passes the appropriate managing license examination; (F) In the case of an applicant for an initial managing
cosmetologist license, does either of the following: (1) Has a licensed managing cosmetologist or owner of a
licensed beauty salon located in this or another state certify to
the board that the applicant has practiced as a cosmetologist for
at least two thousand hours in a licensed beauty salon; (2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
cosmetologist, at least three hundred hours of board-approved
managing cosmetologist training. (G) In the case of an applicant for an initial managing
esthetician license, does either of the following:
(1) Has the licensed managing esthetician, licensed managing
cosmetologist, or owner of a licensed esthetics salon or licensed
beauty salon located in this or another state certify to the board
that the applicant has practiced esthetics for at least two
thousand hours as an esthetician in a licensed esthetics salon or
as a cosmetologist in a licensed beauty salon; (2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as an
esthetician or cosmetologist, at least one hundred fifty hours of
board-approved managing esthetician training. (H) In the case of an applicant for an initial managing hair
designer license, does either of the following: (1) Has the licensed managing hair designer, licensed
managing cosmetologist, or owner of a licensed hair design salon
or licensed beauty salon located in this or another state certify
to the board that the applicant has practiced hair design for at
least two thousand hours as a hair designer in a licensed hair
design salon or as a cosmetologist in a licensed beauty salon; (2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
hair designer or cosmetologist, at least two hundred forty hours
of board-approved managing hair designer training. (I) In the case of an applicant for an initial managing
manicurist license, does either of the following: (1) Has the licensed managing manicurist, licensed managing
cosmetologist, or owner of a licensed nail salon, licensed beauty
salon, or licensed barber shop located in this or another state
certify to the board that the applicant has practiced manicuring
for at least two thousand hours as a manicurist in a licensed nail
salon or licensed barber shop or as a cosmetologist in a licensed
beauty salon or licensed barber shop; (2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
manicurist or cosmetologist, at least one hundred hours of
board-approved managing manicurist training. (J) In the case of an applicant for an initial managing
natural hair stylist license, does either of the following: (1) Has the licensed managing natural hair stylist, licensed
managing cosmetologist, or owner of a licensed natural hair style
salon or licensed beauty salon located in this or another state
certify to the board that the applicant has practiced natural hair
styling for at least two thousand hours as a natural hair stylist
in a licensed natural hair style salon or as a cosmetologist in a
licensed beauty salon; (2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as
natural hair stylist or cosmetologist, at least one hundred fifty
hours of board-approved managing natural hair stylist training.
Sec. 4713.31. The state board of cosmetology shall issue an
instructor license to an applicant who satisfies all of the
following applicable conditions:
(A) Is at least eighteen years of age; (B) Is of good moral character;
(C) Has the equivalent of an Ohio public school twelfth
grade education;
(D) Pays to the board the applicable fee;
(E) In the case of an applicant for an initial cosmetology
instructor license, holds a current, valid managing cosmetologist
license issued in this state and does either of the following:
(1) Has the licensed managing cosmetologist or owner of the
licensed beauty salon in which the applicant has been employed
certify to the board that the applicant has engaged in the
practice of cosmetology in a licensed beauty salon for at least
two
thousand hours; (2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
one thousand hours of board-approved cosmetology instructor
training as an apprentice instructor. (F) In the case of an applicant for an initial esthetics
instructor license, holds a current, valid managing esthetician or
managing cosmetologist license issued in this state and does
either of the following: (1) Has the licensed managing esthetician, licensed managing
cosmetologist, or owner of the licensed esthetics salon or
licensed beauty salon in which the applicant has been employed
certify to the board that the applicant has engaged in the
practice of esthetics in a licensed
esthetics salon or practice of
cosmetology in a licensed beauty salon for at least two thousand
hours; (2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least five hundred hours of board-approved esthetics instructor
training as an apprentice instructor. (G) In the case of an applicant for an initial hair design
instructor license, holds a current, valid managing hair designer
or managing cosmetologist license and does either of the
following: (1) Has the licensed managing hair designer, licensed
managing cosmetologist, or owner of the licensed hair design salon
or licensed beauty salon in which the applicant has been employed
certify to the board that the applicant has engaged in the
practice of hair design in a licensed
hair design salon or
practice of cosmetology in a licensed beauty salon for at least
two
thousand hours; (2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least eight hundred hours of board-approved hair design
instructor's training as an apprentice instructor. (H) In the case of an applicant for an initial manicurist
instructor license, holds a current, valid managing manicurist or
managing cosmetologist license and does either of the following: (1) Has the licensed managing manicurist, licensed managing
cosmetologist, or owner of the licensed nail salon or licensed
beauty salon in which the applicant has been employed certify to
the board that the applicant has engaged in the practice of
manicuring in a licensed nail salon or practice of cosmetology in
a
licensed beauty salon for at least two thousand hours; (2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least three hundred hours of board-approved manicurist
instructor training as an apprentice instructor. (I) In the case of an applicant for an initial natural hair
style instructor license, holds a current, valid managing natural
hair stylist or managing cosmetologist license and does either of
the following: (1) Has the licensed managing natural hair stylist, licensed
managing cosmetologist, or owner of the licensed natural hair
style salon or licensed beauty salon in which the applicant has
been employed certify to the board that the applicant has engaged
in the
practice of natural hair styling in a licensed natural hair
style salon or practice of cosmetology in a licensed
beauty salon
for at least two thousand hours; (2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least four hundred hours of board-approved natural hair style
instructor training as an apprentice instructor. Sec. 4713.32. When determining the total hours of instruction
received by an applicant for a license under section 4713.28,
4713.30, or 4713.31 of
the Revised Code, the state board of
cosmetology shall not take
into account more than eight hours of
instruction per day. The board shall take into account
instruction received more than five years prior to the date of
application for the license in accordance with rules adopted under
section 4713.08 of the Revised Code.
Sec. 4713.09
4713.34.
Upon application to the
The state
board of
cosmetology, as provided in section 4713.05 of the
Revised Code,
accompanied by the required license fee, a person
shall issue a license to practice a branch of cosmetology,
managing license, or instructor license to an
applicant who is
licensed or
registered
as a cosmetologist or in
any
in another
state or country to practice that branch of
cosmetology
under the
laws of any other state or country, or
territory of the
United
States, or the District of Columbia, where
similar
reciprocity is
extended to the state of Ohio, shall
without
examination, unless
the board, in its discretion, sees fit
to
require examination, be
granted a license to practice the
occupation in which the person
is licensed or registered upon, manage that type of salon, or
teach the theory and practice of that branch of cosmetology, as
appropriate, if
all of the following conditions are satisfied: (A) The applicant satisfies all of the
following conditions:
that the applicant is (1) Is not less than
eighteen years of age,; (2) Is of good moral character, and excepting the
states
which do not license the practice of cosmetology,
esthetics, or
manicuring, in which case the board shall exercise
its discretion
in the granting of reciprocity, and that the
requirements for
registration or license of a cosmetologist and
those engaged in
the practice of any branch of cosmetology, in
the particular
state, territory, or District of Columbia, or any
other state or
country, were at the date of the previous
registration or
licensing,; (3) In the case of an applicant for a practicing license or
managing license, passes an examination
conducted under section
4713.24 of
the Revised Code for the
license the applicant seeks,
unless the
applicant satisfies
conditions specified in rules
adopted under
section 4713.08 of the
Revised Code for the board to
issue the
applicant a license
without taking the examination;
(4) Pays the applicable fee.
(B) At the time the applicant obtained the license or
registration in the other state or country, the requirements in
this state for obtaining the license the applicant seeks were
substantially equal to the
other state or
country's requirements
then enforced in this state. (C) The jurisdiction that issued the applicant's license or
registration extends similar reciprocity to persons holding a
license issued by the board.
Sec. 4713.35. A person who holds a current, valid
cosmetologist license issued by the state board of cosmetology may
engage in the practice of one or more branches of cosmetology as
the person chooses. A person who holds a current, valid esthetician license
issued by the board may engage in the practice of esthetics but no
other branch of cosmetology. A person who holds a current, valid hair designer license
issued by the board may engage in the practice of hair design but
no other branch of cosmetology.
A person who holds a current, valid manicurist license issued
by the board may engage in the practice of manicuring but no other
branch of cosmetology.
A person who holds a current, valid natural hair stylist
license issued by the board may engage in the practice of natural
hair styling but no other branch of cosmetology. A person who holds a current, valid managing cosmetologist
license issued by the board may manage all types of salons and
engage in the practice of one or more branches of cosmetology as
the
person chooses.
A person who holds a current, valid managing esthetician
license issued by the board may manage an esthetics salon, but no
other type of salon, and engage in the practice of esthetics, but
no other branch of cosmetology. A person who holds a current, valid managing hair designer
license issued by the board may manage a hair design salon, but no
other type of salon, and engage in the practice of hair design,
but no other branch of cosmetology. A person who holds a current, valid managing manicurist
license issued by the board may manage a nail salon, but no other
type of salon, and engage in the practice of manicuring, but no
other branch of cosmetology. A person who holds a current, valid managing natural hair
stylist license issued by the board may manage a natural hair
style salon, but no other type of salon, and engage in the
practice
of natural hair styling, but no other branch of
cosmetology. A person who holds a current, valid cosmetology instructor
license issued by the board may teach the theory and practice of
one or more branches of cosmetology at a school of cosmetology as
the person chooses. A person who holds a current, valid esthetics instructor
license issued by the board may teach the theory and practice of
esthetics, but no other branch of cosmetology, at a school of
cosmetology.
A person who holds a current, valid hair design instructor
license issued by the board may teach the theory and practice of
hair design, but no other branch of cosmetology, at a school of
cosmetology. A person who holds a current, valid manicurist instructor
license issued by the board may teach the theory and practice of
manicuring, but no other branch of cosmetology, at a school of
cosmetology.
A person who holds a current, valid natural hair style
instructor license issued by the board may teach the theory and
practice of natural hair styling, but no other branch of
cosmetology, at a school of cosmetology. Sec. 4713.36. A licensed manicurist or licensed managing
manicurist may engage in the
practice of manicuring at a nail
salon or beauty salon licensed
under section 4713.41 of the
Revised Code or a barber shop
licensed under Chapter 4709. of the
Revised Code.
Sec. 4713.37. (A) The state board of cosmetology may issue a
temporary special occasion work permit to a person who satisfies
all of the following conditions: (1) Has been licensed or registered in another state or
country to practice a branch of cosmetology or teach the theory
and practice of a branch of cosmetology for at least five years; (2) Is a recognized expert in the practice or teaching of
the branch of cosmetology the person practices or teaches;
(3) Is to practice that branch of cosmetology or teach the
theory and practice of that branch of cosmetology in this state as
part of a promotional or instructional program for not more than
the amount of time a temporary special occasion work permit is
effective;
(4) Satisfies all other conditions for a temporary special
occasion work permit established by rules adopted under section
4713.08 of the Revised Code; (5) Pays the fee established by rules adopted under section
4713.08 of the Revised Code.
(B) A person issued a temporary special occasion work permit
may practice the branch of cosmetology the person practices in
another state or country, or teach the theory and practice of the
branch of cosmetology the person teaches in another state or
country, until the expiration date of the permit. A temporary
special occasion work permit is valid for the period of time
specified in rules adopted under section 4713.08 of the Revised
Code. Sec. 4713.39. The state board of cosmetology shall issue a
license to engage in the practice of a branch of cosmetology as an
independent contractor to an applicant who pays the applicable
fee; holds a current, valid license to manage the type of salon in
which the applicant will practice that branch of
cosmetology; and
satisfies the conditions for the license
established by rules
adopted under section 4713.08 of the Revised
Code.
Sec. 4713.14
4713.41.
(A) Beauty salons shall be in
The
state board of cosmetology shall issue a license to operate a
salon to an applicant who pays the applicable fee and affirms that
all of the following conditions will be met:
(A)(1) A person holding a current, valid managing
cosmetologist license or license to manage that type of salon has
charge of and
under the immediate supervision
of a licensed
managing
cosmetologist and esthetics salons shall be in charge of
and
under the immediate supervision of a licensed managing
cosmetologist or a licensed managing esthetician. Beauty salons
and esthetics salons shall be
over the salon at all times when the
salon is open for business except as permitted under division
(A)(2) of this section. (2) A business establishment that is engaged primarily in
retail sales but is also licensed as a salon shall have a person
holding a current, valid managing license for that type of salon
in charge of and in immediate supervision of the salon during
posted or advertised service hours, if the practice of cosmetology
is restricted to those posted or advertised service hours. (B) The salon is equipped to
provide
do all of the
following: (1) Provide potable running
hot and cold water and proper
drainage, to sanitize; (2) Sanitize
all instruments and supplies used
therein in
the
practice
branch of cosmetology
and any of its branches, and to
sterilize
provided at the salon;
(3) If cosmetic therapy, massage therapy, or other
professional service is provided at
the salon under section
4713.42 of the Revised Code, sanitize all
instruments and supplies
used
therein by
in the
cosmetic
therapists
authorized to practice
under section 4731.15
of the
Revised Code
therapy, massage
therapy, or other professional service. (C) Except as
provided in
division (C) of this section,
rooms licensed as
beauty salons or esthetics salons shall be used
only for the
practice of services regulated and licensed under
this chapter
and section 4731.15
sections 4713.42 and 4713.49 of
the Revised Code,
be
only the branch of cosmetology that the salon
is licensed to provide is practiced at the salon. (D) The salon is kept in a clean and
sanitary condition, and
be properly ventilated.
Nothing in this
section shall be
construed
to forbid the retailing of cosmetics,
preparations,
tonics,
antiseptics, creams, lotions, wigs,
postiches, and other
items
related to the practice of
cosmetology, including clothing,
or
forbid the provision of glamour
photography, in a beauty salon
or
esthetics
salon. (E) No food
shall be
is sold
in rooms used as beauty salons
or
esthetics salons
at the salon in a manner inconsistent with
rules adopted under section 4713.08 of the Revised Code. (B) Nail salons shall be in charge of and under the
immediate supervision of a licensed managing manicurist or a
licensed managing cosmetologist. Nail salons shall be equipped
to
provide potable running hot and cold water and proper
drainage,
and to sanitize all instruments and supplies used
therein in the
manicuring of nails or in the practice of massage.
Rooms licensed
as nail salons shall be used only for the practice
of services
regulated and licensed under this chapter, and must
be kept in a
clean and sanitary condition and be properly
ventilated. Nothing
in this section shall be construed to forbid
the retailing of
cosmetics, creams, lotions, and other items
related to the
manicuring of nails, including clothing, in a nail
salon. No food
shall be sold in rooms used as nail salons.
(C) Where the owner or operator of a beauty salon, nail
salon, or a school of cosmetology has a permit issued under
section 4713.25 of the Revised Code, tanning facilities may be
operated in beauty salons, nail salons, and schools of
cosmetology
in accordance with rules that the state board of
cosmetology may
adopt pertaining to the operation of tanning
facilities in beauty
salons, nail salons, and schools.
(D) The owner or operator of a beauty salon or nail salon
may provide massage services at the salon if the services are
provided in accordance with any rules adopted under section
4713.02 of the Revised Code and the person giving the service
holds a current, valid certificate issued under section 4731.15
of
the Revised Code. Any room used to provide massage services
in a
salon shall be used for only that purpose and is subject to
the
requirements relating to cleanliness and ventilation
established
in division (A) of this section.
Sec. 4713.42. A person holding a current, valid
certificate
issued under section 4731.15 of the Revised Code to
provide
cosmetic therapy or massage therapy may provide cosmetic
therapy
or massage therapy, as appropriate, in a salon. A person
holding
a current, valid license or certificate issued by a
professional
regulatory board of this state may practice the
person's
profession in a salon if the person's profession is
authorized by
rules adopted under section 4713.08 of the Revised
Code to
practice in a salon. A person providing cosmetic therapy, massage therapy, or
other professional service in a salon pursuant to this section
shall satisfy the standards established by rules adopted under
section 4713.08 of the Revised Code.
Sec. 4713.15
4713.44.
Schools
The state board of cosmetology
shall issue a license to operate a school of cosmetology
shall
meet
to an applicant who pays the applicable fee and satisfies all
of the
following requirements: (A)
Maintain a school term of not less than fifteen
hundred
hours for the majority of the practices of cosmetology
and not
less than six hundred hours' instruction and practical
training in
the field of esthetics, and maintain
Maintains a course of
practical training and technical instruction
for the branch or
branches of cosmetology to be taught at the school equal to the
requirements for
admission to an examination
for license as a
cosmetologist and
an esthetician set forth in
under section
4713.06
4713.24 of the Revised Code
that a person must pass to
obtain a license to practice that branch or those branches of
cosmetology; (B)
Possess
Possesses or
make
makes available apparatus and
equipment
sufficient for the ready and full teaching of all
subjects of the
curriculum; (C)
Maintain
Maintains persons licensed
as cosmetology,
manicurist,
and esthetics instructors, under section
4713.04
4713.31 or 4713.34 of the Revised
Code, as instructors of
to teach
the theory and
practices
practice of the branches of cosmetology.
They may employ persons not licensed as instructors as teachers
of
subjects related to cosmetology, provided a licensed
cosmetology
instructor is present.; (D)
Notify
Notifies the
state board
of cosmetology of the
enrollment of each new student,
keep a daily record of the
attendance of each student and
keeps a record devoted to the
different
practices,
establish
establishes grades, and
hold
holds
examinations in order to
certify the students' completion of the
prescribed course of
study before the issuance of certificates of
completion.; (E)
File
In the case of a school of cosmetology that offers
clock hours for the purpose of satisfying minimum hours of
training and instruction, keeps a daily record of the attendance
of each student; (F) On the date that an apprentice cosmetology
instructor
begins cosmetology instructor training at the school,
certifies
the name of the apprentice cosmetology instructor to the
board
along with the date on which the apprentice's instructor
training
began;
(G) Instructs not more than six apprentice cosmetology
instructors at any one time;
(H) Files with the board a good and sufficient surety bond
executed by the person, firm, or corporation operating the school
of cosmetology as principal and by a surety company as surety in
the amount of ten thousand dollars; provided, that this
requirement does not apply to a vocational program conducted by a
city, exempted village, local, or joint vocational school
district. The bond shall be in the form prescribed by the board
and be conditioned upon the school's continued instruction in the
theory and practice of
the branches of cosmetology. Every bond
shall continue in
effect until notice of its termination is given
to the board by
registered mail and every bond shall so provide. Any student who is injured or damaged by reason of a
school's
failure to continue instruction in the theory and
practice of
cosmetology may maintain an action on the bond
against the school,
or surety named therein, or both of them, for
the recovery of any
money or tuition paid in advance, for
instruction in the theory
and practice of cosmetology which was
not received. The aggregate
liability of the surety to all
students shall not exceed the sum
of the bond.
No branch of cosmetology shall be taught in a beauty salon
to
persons not licensed as cosmetologists.
Sec. 4713.45. (A) A school of cosmetology may do the
following:
(1) In accordance with rules adopted under section 4713.08
of the Revised Code, a school of cosmetology operated by a public
entity may offer clock hours, credit hours, or competency-based
credits, and a school of cosmetology that is operated by a private
person may offer clock or credit hours, for the purpose
of
satisfying minimum hours of training and instruction;
(2) Allow an apprentice cosmetology instructor the regular
quota of students prescribed by the state board of cosmetology if
a cosmetology instructor is present;
(3) Compensate an apprentice cosmetology instructor;
(4) Subject to division (B) of this section, employ a
person who does not hold a current, valid
instructor license to
teach
subjects related to a branch of
cosmetology. (B) A school of cosmetology shall have a licensed cosmetology
instructor present when a person employed pursuant to division
(A)(4) of this section teaches at the school, unless the person is
one of the following: (1) A person with a current, valid teacher's certificate or
educator license issued by the state board of education; (2) A person with a bachelor's degree in the subject the
person teaches at the school; (3) A person also employed by a university or college to
teach the subject the person teaches at the school.
Sec. 4713.46. A student who is injured or damaged by reason
of the failure of a school of cosmetology to continue instruction
in the theory and practice of a branch of cosmetology may maintain
an action on the bond against the school, or surety named therein,
or both of them, for the recovery of any money or tuition paid in
advance for instruction in the theory and practice of a branch of
cosmetology that was not received. The aggregate liability of the
surety to all students shall not exceed the sum of the bond.
Sec. 4713.25
4713.48. (A)
As used in this section,
"tanning
facility" means a room or booth which houses equipment or beds
used for tanning the human skin by the use of fluorescent sun
lamps using ultraviolet or other artificial radiation. (B) The state board of cosmetology, pursuant to Chapter
119.
of the Revised Code, shall adopt rules:
(1) Requiring that tanning facilities be installed and
operated in a manner that ensures the health and safety of
consumers using them;
(2) Establishing the procedures governing applications for
permits required by this section;
(3) Setting fees for permits and renewal which cover the
costs incurred by the board in inspecting tanning facilities and
enforcing the rules of the board, but which in any case shall not
exceed one hundred dollars for a permit or renewal for each
location of such facilities.
(C) The rules adopted under division (B)(1) of this
section
shall include but not be limited to the following:
(1) A rule establishing a maximum safe time of exposure to
radiation and a maximum safe temperature at which sun lamps may
be
operated;
(2) A rule requiring that the consumer wear protective
eyeglasses and that the consumer be supervised as to the length
of
time he uses a tanning facility;
(3) A rule requiring the operator to prohibit consumers
from
standing too close to sun lamps and to post signs warning
consumers of the potential effects of radiation on persons taking
certain medications and of the possible relationship of the
radiation to skin cancer;
(4) A rule requiring the installation of protective
shielding for sun lamps and handrails for consumers;
(5) A rule requiring that floors be dry during operation
of
lamps.
(D) No person shall own or operate any tanning facilities
that are offered to the public for a fee or other compensation
unless the person holds a valid permit issued by the board. The
permit holder shall post the permit in a conspicuous place on any
premises where the tanning facilities are located. A person
shall
obtain a separate permit for each of the premises owned or
operated by that person.
(E) The
state board
of cosmetology shall issue a permit to
any person who files
operate a tanning facility to an
applicant if
all of the following conditions are satisfied:
(1) The applicant applies in accordance with the application
on a form prescribed
process adopted by
the board and
rules
adopted under section 4713.08 of the Revised Code. (2) The applicant pays to the
treasurer of state the fee
established by
the board, if an
those rules. (3) An
initial inspection of the premises indicates that the
premises
and the tanning
facilities are
facility has been
installed and will be operated in
accordance with
any
those rules
established under division (B)(1) of this
section.
(B) A permit holder shall post the permit in a public and
conspicuous
place on any premises where the tanning facility is
located. A
person shall obtain a separate permit for each of the
premises
owned or operated by that person at which the person
seeks to
operate a tanning facility. (C) A permit holder may biennially renew a permit by the
thirtieth
last day of January of each odd-numbered year upon
payment
to the treasurer of state of the biennial renewal fee,
except
that the board may, after a hearing in accordance with
Chapter
119. of the Revised Code, refuse to renew the permit of
any owner
or operator who has violated the rules of the board for
the safe
operation of tanning facilities. (F) The board may appoint inspectors as needed who shall
make periodic inspections of tanning facilities as specified by
the board. The board, after a hearing in accordance with Chapter
119. of the Revised Code, may suspend any permit where the owner
or operator fails to correct any unsafe conditions that exist in
violation of the rules of the board or fails to cooperate in any
inspection of tanning facilities by the inspector.
If any violation has resulted in a condition deemed by an
inspector to create an immediate danger to the health and safety
of any person using the tanning facilities, the inspector may
suspend the permit without a prior hearing until the unsafe
condition is corrected or until a hearing in accordance with
Chapter 119. of the Revised Code is held and the board either
upholds the suspension by the inspector or reinstates the permit.
Sec. 4713.49. The owner or manager of a salon that has a
permit issued under section 4713.48 of the
Revised Code may
operate a tanning facility at the salon or
school.
Sec. 4713.08
4713.55. Every license issued by the state
board of cosmetology shall be
signed by the
chairman
chairperson
and attested by the executive
director thereof, with
the
seal of
the board attached; and every such license shall be. The board shall specify on each practicing license that the
board issues the branch of cosmetology
that the license entitles
the holder to practice. The board shall
specify on each managing
license that the board issues the type of
salon that the license
entitles the holder to manage and the
branch of cosmetology that
the license entitles the holder to
practice. The board
shall
specify on each instructor license that
the board issues the
branch of cosmetology that the license
entitles the holder to
teach. Such licenses are prima-facie
evidence of the right of the
holder
to practice
or teach the
branch of cosmetology, or
the
branch
thereof which
manage the type
of salon, that the license
designates
specifies.
Sec. 4713.16
4713.56. Every holder of a
practicing license,
managing license, instructor license, or
independent contractor
license issued by
the state board of
cosmetology
to operate a
school of cosmetology,
nail salon, beauty
salon, or
esthetics
salon, or to practice
cosmetology or any
branch of cosmetology,
shall
display the
license in a
public and conspicuous
place in the
principal office, place of
business, or place of
employment of the
holder.
Every holder of a license to operate a salon issued by the
board shall display the license in a public and conspicuous place
in the
salon. Every holder of a license to operate a school of cosmetology
issued by the board shall display the license in a public and
conspicuous
place in the school. Every
holder of a current, valid certificate of registration
issued under
section 4731.15 of the Revised Code to practice
massage,
person who
practices
provides cosmetic therapy, massage
therapy, or other professional service in a salon under section
4713.14
4713.42 of the Revised Code, shall display the
person's
professional license or certificate in a
public and
conspicuous
place in the
room used for
massage services
the therapy or other
service.
Sec. 4713.57. A license issued by the state board of
cosmetology is valid until the last day of January of the
odd-numbered year following its original issuance or renewal,
unless the license is revoked or suspended
prior to that date.
Renewal shall be done in accordance with the
standard renewal
procedure of Chapter 4745. of the Revised Code.
The board may
refuse to renew a license if the person holding the
license has an
outstanding unpaid fine levied under section
4713.64 of the
Revised Code.
Sec. 4713.58. (A) Except as provided in division (B) of this
section, on payment of the renewal fee and submission of
proof
satisfactory to the state board of cosmetology that any
applicable
continuing education requirements have been completed,
a person
currently licensed as:
(1) A cosmetology instructor who has previously been
licensed as a cosmetologist or a managing cosmetologist, is
entitled to the reissuance of a cosmetologist or managing
cosmetologist license;
(2) An esthetics instructor who has previously been
licensed as an esthetician or a managing esthetician, is entitled
to the reissuance of an esthetician or managing esthetician
license;
(3) A hair design instructor who has previously been
licensed as a hair designer or a managing hair designer, is
entitled to the reissuance of a hair designer or managing hair
designer license;
(4) A manicurist instructor who has previously been
licensed as a manicurist or a managing manicurist, is entitled to
the reissuance of a manicurist or managing manicurist license;
(5) A natural hair style instructor who has previously been
licensed as a natural hair stylist or a managing natural hair
stylist, is entitled to the reissuance of a natural hair stylist
or managing natural hair stylist license. (B) No person is entitled to the reissuance of a license
under division (A) of this section if the license was revoked or
suspended or the person has an outstanding unpaid fine levied
under section 4713.64 of the Revised Code.
Sec. 4713.111
4713.59.
(A)
As used in this section,
"biennial
licensing period" means the two-year period beginning on
the
thirty-first day of January of an odd-numbered year and ending
on
the thirtieth day of January of the next odd-numbered year. (B) The
If the state board of cosmetology
may adopt
adopts
rules
in
accordance with Chapter 119.
under section 4713.09 of the
Revised Code to establish a
continuing education requirement as a
condition of renewal for
any
a practicing license
issued under
this chapter.
The board may implement a
continuing education
requirement for all
persons licensed under
this chapter or for any
class or
combination of classes of such
persons.
The, managing license, or
instructor license, the board shall
inform each affected licensee
of the
continuing education
requirement that applies to the next
biennial licensing period by
including a notification in the
license renewal application form
it sends the licensee. The
notification shall state that the
licensee must complete the
continuing education requirement by the
thirtieth
last day of
January
of the next odd-numbered year.
(C) A continuing education requirement established under
this section shall not exceed eight hours in any biennial
licensing period. Hours completed in excess of the
continuing
education requirement
may not be applied to the next biennial
licensing period.
(D) If a continuing education requirement is established,
the board's rules shall establish a schedule of reasonable prices
that may be charged for attending continuing education programs
approved under this section. The board shall ensure that a
sufficient number of programs are available at such reasonable
prices so that a licensee who so desires may meet the continuing
education requirement at a cost of not more than fifty dollars.
The board's rules may establish a maximum cost for meeting the
continuing education requirement in excess of fifty dollars,
provided that the cost does not exceed seventy-five dollars.
(E) Any person desiring to offer a program for continuing
education credit shall, before offering the program, apply to the
board for approval of the program and the price that will be
charged for attending the program. The board shall encourage
applicants for approval to charge the applicable reasonable price
established in rules adopted under this section. The board may
approve a program even if the price for attending the program
exceeds the applicable reasonable price.
If the board approves a program, the applicant may offer
the
program for continuing education credit. The board shall
charge
the applicant an approval fee adequate to cover any
expense
incurred by the board through the approval process.
The board may approve a program for continuing education
credit only if the applicant is an employee, officer, or director
of a nonprofit professional association, college or university,
vocational school, postsecondary proprietary school of
cosmetology
licensed by the board, or manufacturer of supplies or
equipment
used in the practice of cosmetology. The board shall
not approve
a program unless the program will do at least one of
the
following:
(1) Enhance the professional competency of the affected
licensees;
(2) Protect the public;
(3) Educate the affected licensees in the application of
the
laws and rules regulating the practice of cosmetology.
(F) A person offering programs approved for continuing
education credit shall provide the board with a tentative
schedule
of programs. The board shall ensure that a sufficient
number of
programs are scheduled at times frequent enough to make
the
programs readily available to all licensees throughout the
state.
(G) If the board adopts a continuing education requirement
under this section, upon a review of reported violations of this
chapter and the board's rules, the board may determine that a
continuing education program focusing on certain sections of this
chapter and the board's rules would be beneficial to the
profession of cosmetology and the public. Once this
determination
has been made, the board may develop a continuing
education
program that is designed to correct the violations, and
may make
necessary arrangements to conduct the continuing
education
program. The program shall be available to all
licensees. The
board shall charge a fee for attending the
program sufficient to
cover any costs incurred by the board.
Satisfactory completion of
the program may be applied toward
completion of the continuing
education requirement.
Sec. 4713.11
4713.60. (A)
Every licensee, as provided in
sections
4713.01 to 4713.25 of the Revised Code, shall renew his
license
by the thirtieth day of January of each odd-numbered year
by
applying to the state board of cosmetology pursuant to the
standard renewal procedure of Chapter 4745. of the Revised Code.
Application shall be made on forms provided by the board and
shall
include the renewal fee established under section 4713.10
of the
Revised Code. Except as provided in division (C) of this
section,
the applicant
a person seeking a renewal of a license to practice
a branch of cosmetology, managing license, or instructor license
shall include
in the renewal application
proof satisfactory to the
board of completion of any applicable
continuing education
requirements
established by rules adopted
by
the board under
section
4713.111
4713.09 of the
Revised Code. (B) If an applicant fails to provide satisfactory proof of
completion of any applicable continuing education requirements,
the board shall notify the applicant that the application is
incomplete. The board shall not renew the license until the
applicant provides satisfactory proof of completion of any
applicable continuing education requirements. The board may
provide the applicant with an extension of up to ninety days in
which to complete the continuing education requirement. In
providing for the extension, the board may charge the licensee a
fine of up to one hundred dollars. (C) The board may waive, or extend the period for
completing, any continuing education requirement
adopted under
section 4713.111 of the Revised Code if a licensee applies to the
board and provides proof satisfactory to the board of being
unable
to complete the requirement within the time allowed
because of any
of the following: (1) An emergency; (2) An unusual or prolonged illness; (3) Active duty service in any branch of the armed forces
of
the United States. The board shall determine the period of time during which
each extension is effective and shall inform the applicant. The
board shall also inform the applicant of the continuing education
requirements that must be met to have the license renewed. If an
extension is granted for less than one year, the continuing
education requirement for that year, in addition to the required
continuing education for the succeeding year, must be completed
in
the succeeding year. In all other cases the board may waive
all
or part of the continuing education requirement on a
case-by-case
basis. Any required continuing education shall be
completed and
satisfactory proof of its completion submitted to
the board by a
date specified by the board. Every license which
has not been
renewed in any odd-numbered year by the
thirtieth
last
day of
January and for which the continuing education requirement
has not
been waived or extended shall be considered expired. (D) If the board adopts a continuing education requirement
under section 4713.111 of the Revised Code, it may develop a
procedure by which a licensee who is not currently engaged in the
practice of cosmetology, but desires to be so engaged in the
future, may apply to the board to have his license classified as
inactive.
Licensees desiring to have their licenses classified as
inactive shall apply to the board on forms provided by the board
and shall pay the fee established under this division. A license
classified as inactive license shall remain inactive at least
until the thirtieth day of January of the next odd-numbered year.
If the board develops a procedure for classifying licenses
as
inactive, the board shall adopt a rule establishing a fee for
having licenses classified as inactive. The fee shall reflect
the
costs to the board of providing the inactive license service.
The
board shall also adopt rules establishing a continuing
education
requirement to be completed to have an inactive license
restored.
The continuing education requirement shall be
sufficient to ensure
the minimum competency required by a
licensee necessary to protect
the public. The board shall not
restore an inactive license until
the licensee submits proof
satisfactory to the board that the
continuing education
requirement has been completed.
(E) Any licensed cosmetologist, managing cosmetologist,
esthetician, managing esthetician, cosmetology instructor,
manicurist instructor, esthetics instructor, manicurist, or
managing manicurist who is not currently engaged in the practice
of cosmetology and who does not hold an inactive license may have
his license restored only upon payment of all lapsed renewal
fees
and submitting proof satisfactory to the board that any
applicable
continuing education requirements have been completed;
provided
that no cosmetologist, managing cosmetologist,
esthetician,
managing esthetician, cosmetology instructor,
manicurist
instructor, esthetics instructor, manicurist, or
managing
manicurist who has not been engaged in the practice of
cosmetology
for more than two years and who does not hold an
inactive license
may have
his license restored without
passing an
examination as
provided in section 4713.06 of the Revised Code.
(F) Upon payment of the renewal fee provided in division
(D)
of section 4713.10 of the Revised Code and submitting proof
satisfactory to the board that any applicable continuing
education
requirements have been completed, a person currently
licensed as:
(1) A cosmetology instructor who has previously been
licensed as a cosmetologist or a managing cosmetologist, is
entitled to the reissuance of a cosmetologist or managing
cosmetologist license;
(2) A manicurist instructor who has previously been
licensed
as a manicurist or a managing manicurist, is entitled to
the
reissuance of a manicurist or managing manicurist license;
(3) An esthetics instructor who has previously been
licensed
as an esthetician or a managing esthetician, is entitled
to the
reissuance of an esthetician or managing esthetician
license.
(G) The board may refuse to renew the license of any
salon,
school, or other license holder that has outstanding an
unpaid
fine that was levied under section 4713.17 of the Revised
Code.
Sec. 4713.61. (A) If the state board of cosmetology adopts a
continuing education requirement under section 4713.09 of the
Revised Code, it may develop a procedure by which a person who
holds a
license to practice a branch of cosmetology, managing
license, or instructor license and who is not
currently engaged in
the practice of the branch of cosmetology, managing a salon, or
teaching the theory and practice of the branch of cosmetology,
but
who desires to be so engaged in the future, may apply to the
board
to have the person's license classified inactive. If the
board
develops such a procedure, a person seeking to have the
person's
license classified inactive shall apply to the board on a
form
provided by the board and pay the fee established by rules adopted
under section 4713.08 of the Revised Code.
(B) The board shall not restore an inactive license until
the
later of the following:
(1) The date that the person holding the license submits
proof satisfactory to the board that the person has completed the
continuing education that a rule adopted under section 4713.08 of
the Revised Code requires;
(2) The last day of January of the next odd-numbered year
following the year the license is classified inactive. (C) A person who holds an inactive license may engage in the
practice of a branch of cosmetology if the person holds a
temporary work permit as specified in rules adopted by the board
under section 4713.08 of the Revised Code.
Sec. 4713.62. (A) A person holding a practicing license,
managing license, or instructor license may
satisfy a continuing
education
requirement established by rules
adopted under section
4713.09 of
the Revised Code only by
completing continuing
education programs
approved under division
(B) of this section or
developed under
division (C) of this
section.
(B) The state board of cosmetology shall approve a
continuing education program if all of the following conditions
are satisfied:
(1) The person operating the program submits to the board a
written application for approval.
(2) The person operating the program pays to the board a
fee established by rules adopted under section 4713.08 of the
Revised Code.
(3) The program is operated by an employee, officer, or
director of a nonprofit professional association, college or
university, vocational school, postsecondary proprietary school of
cosmetology licensed by the board, salon licensed by the board, or
manufacturer of supplies or
equipment used in the practice of a
branch of cosmetology. (4) The program will
do at least one of the
following:
(a) Enhance the professional competency of the affected
licensees;
(b) Protect the public; (c) Educate the affected licensees in the application of the
laws and rules regulating the practice of a branch of
cosmetology.
(5) The person operating the program provides the board a
tentative schedule of when the program will be available so that
the board can make the schedule readily available to all
licensees throughout the state.
Sec. 4713.63. A practicing license,
managing license, or
instructor license
that has not been renewed
for any reason other
than because it has
been revoked, suspended,
or classified
inactive, or because the
license holder has been
given a waiver or
extension under section 4713.60
of the Revised
Code, is expired.
An expired license may be
restored if the
person who held the
license meets all of the
following applicable
conditions:
(A) Pays the restoration fee;
(B) Pays all lapsed renewal fees;
(C) Submits proof satisfactory to the state board of
cosmetology that the person has completed all applicable
continuing education requirements;
(D) In the case of a practicing license or managing license
that has been expired for more
than two
years, retakes and passes
an examination conducted under
section
4713.24 of the Revised Code
for the branch of cosmetology
that the
person seeks to practice or
type of salon the person
seeks to manage.
Sec. 4713.17
4713.64. (A) In accordance with
Chapter 119.
of the Revised Code, the state board of cosmetology
may deny,
revoke,
or suspend a license or permit issued by the board or
impose a
fine
of not more than one hundred dollars per violation
for any of the
following: (1) Failure
of a person operating a nail salon, beauty
salon, esthetics salon, tanning facility, or school of
cosmetology
to comply with the requirements of
sections 4713.01
to 4713.25 of
the Revised Code
this chapter or rules adopted under it; (2)
Failure to comply with
the sanitary rules adopted by
the
board or by the department of health
for the regulation of
nail
salons, beauty salons, esthetics salons,
schools of
cosmetology,
or the practice
of
cosmetology; (3)
Failure of a person operating a beauty salon or nail
salon where massage services are provided under section 4713.14
of
the Revised Code to ensure that the person providing the
massage
services complies with the sanitary rules adopted by the
board or
by the department of health for the regulation of
salons;
(4) Continued practice by a person knowingly having an
infectious or contagious disease;
(5)(3) Habitual drunkenness or addiction to any
habit-forming
drug;
(6)(4) Willful false and fraudulent or deceptive
advertising;
(7)(5) Falsification of any record or application required
to
be filed with the board;
(8)(6) Failure to pay a fine or abide by a suspension order
issued by the
board.
(B)
The board may impose a separate fine for each offense
listed in division (A) of this section. The amount of a fine
shall be not more than one hundred dollars if the violator has not
previously been fined for that offense. The fine shall be not
more
than five hundred dollars if the violator has been fined for
the
same offense once before. The fine shall be not more than one
thousand dollars if the violator has been fined for the same
offense two or more times before.
(C) If a person fails to request a hearing within thirty
days of
the date the board, in accordance with section 119.07 of
the Revised Code, notifies the
person
of the board's intent to act
against the person under division
(A) of this section, the board
by a majority vote of a quorum of the
board members may take the
action against the person without holding an
adjudication hearing.
(D) The board, after a hearing in accordance with Chapter
119. of the Revised Code, may suspend a tanning facility permit if
the owner or operator fails to correct an unsafe condition that
exists in violation of the board's rules or fails to cooperate in
an inspection of the tanning facility. If a violation has
resulted in a condition reasonably believed by an inspector to
create an immediate danger to the health and safety of any person
using the tanning facility, the inspector may suspend the permit
without a prior hearing until the condition is corrected or until
a hearing in accordance with Chapter 119. of the Revised Code is
held and the board either upholds the suspension or reinstates the
permit.
Sec. 4713.27
4713.65. On receipt of a notice pursuant to
section 3123.43 of the Revised Code, the
state board of
cosmetology
shall comply with
sections 3123.41 to 3123.50 of the
Revised Code and any applicable rules adopted under
section
3123.63 of the Revised Code
with respect to a license issued
pursuant to this chapter.
Sec. 4713.99. Whoever violates section
4713.20, 4713.21, or
division (D) of
section 4713.25
4713.14 of the Revised Code is
guilty of a misdemeanor of the fourth
degree on a first offense;
on each subsequent offense, such person is guilty
of
a misdemeanor
of the third degree.
Sec. 4717.14. (A) The board of embalmers and funeral
directors
may refuse to grant or renew, or may suspend or revoke,
any license issued
under this chapter for any of the following
reasons: (1) The license was obtained by fraud or
misrepresentation
either in the application or in passing the
examination. (2) The applicant or licensee has been convicted of or
has
pleaded guilty to a felony or of any crime involving moral
turpitude. (3) The applicant or licensee has
purposely violated any
provision of sections 4717.01 to 4717.15 or a rule
adopted under
any of those sections; division (A) or (B) of
section 4717.23;
division (B)(1) or (2), (C)(1) or (2),
(D), (E), or (F)(1) or (2),
or divisions
(H)
to (K) of section 4717.26; division (D)(1) of
section
4717.27; or divisions (A) to (C) of section 4717.28
of the
Revised Code; any rule or order of the
department of health or a
board of health
of a health district governing the disposition of
dead human bodies; or any
other rule or order applicable to the
applicant or licensee. (4) The applicant or licensee has
committed immoral or
unprofessional conduct. (5) The applicant or licensee knowingly permitted an
unlicensed person, other than a person serving an apprenticeship,
to engage in the profession or business of embalming or funeral
directing under the applicant's or licensee's supervision. (6) The applicant or licensee has been
habitually
intoxicated, or is addicted to the use
of morphine, cocaine, or
other habit-forming or illegal drugs. (7) The applicant or licensee has
refused to promptly submit
the custody of a
dead human body upon the express order of the
person legally
entitled to the body. (8) The licensee loaned the licensee's own
license, or the
applicant or licensee
borrowed or used the license of another
person, or knowingly aided
or abetted the granting of an improper
license. (9) The applicant or licensee transferred a license to
operate a funeral home, embalming facility, or crematory from one
owner or
operator to another, or
from one location to another,
without notifying the board. (10) The applicant or licensee mislead the public by
using
false or deceptive advertising. (B)(1) The board of embalmers and funeral directors shall
refuse
to grant or renew, or shall suspend or revoke, an
embalmer's, funeral
director's, funeral
home, or embalming
facility license only in accordance with
Chapter 119. of the
Revised Code. (2) The board shall send to the crematory review board
written notice that
it proposes to refuse to issue or renew, or
proposes to suspend or revoke, a
license to operate a crematory
facility. If, after the conclusion of the
adjudicatory hearing on
the matter conducted under division (E) of
section 4717.03 of the
Revised Code, the board of embalmers
and funeral directors finds
that any of the circumstances described
in divisions (A)(1) to
(10) of
this section apply to the person named in its proposed
action,
the board may issue a final order under division
(E) of
section 4717.03 of the Revised
Code refusing to issue or
renew, or
suspending or revoking, the person's license to
operate a
crematory facility. (C) If the board of embalmers and funeral directors
determines
that there is clear and convincing evidence that
any of
the circumstances described in divisions
(A)(1) to (10) of this
section
apply to the holder of a license issued under this chapter
and that the
licensee's continued practice presents a danger
of
immediate and serious harm to the public, the board may
suspend
the licensee's license without a prior adjudicatory
hearing. The
executive director of the board shall prepare
written allegations
for consideration by the board. The board, after reviewing the written allegations, may
suspend a license without a prior hearing. The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised
Code. Such an order is not
subject to suspension by
the court during the pendency of any
appeal filed under section
119.12 of the
Revised Code. If the holder of an embalmer's,
funeral
director's, funeral home, or embalming facility license
requests an
adjudicatory hearing by the board, the date set for
the hearing shall be
within fifteen days, but not earlier than
seven
days, after the licensee has requested a hearing, unless
the
board and the licensee agree to a different time for holding the
hearing. Upon issuing a written order of suspension to the holder
of a
license to operate a crematory facility, the board of
embalmers
and funeral directors shall send written notice of the
issuance of
the order to the crematory review board. The
crematory review
board shall hold an adjudicatory hearing on the
order under
division (E) of section
4713.03
4717.03
of the Revised Code within
fifteen days,
but not earlier than seven days, after the
issuance
of the order, unless the crematory review board and the licensee
agree to a different time for holding the adjudicatory hearing. Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicatory order issued by the board of embalmers and funeral
directors
pursuant to this division and Chapter 119. of the
Revised
Code, or division (E) of section 4717.03 of the Revised
Code, as
applicable, becomes effective. The board of embalmers
and funeral directors
shall issue its final adjudicatory order
within sixty days
after the completion of its hearing or, in the
case of the summary suspension
of a license to operate a crematory
facility, within sixty days after
completion of the adjudicatory
hearing by the crematory review board. A
failure to issue the
order within that time results in the dissolution of the summary
suspension order, but does not invalidate any subsequent final
adjudicatory order. (D) Any holder of a
license issued under this chapter who
has pleaded guilty to, has
been found by a judge or jury to be
guilty of, or has had a
judicial finding of eligibility for
treatment in lieu of
conviction entered against the individual in
this state for
aggravated murder, murder, voluntary manslaughter,
felonious
assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary, or who has pleaded guilty to, has been found by a
judge
or jury to be guilty of, or has had a judicial finding of
eligibility for treatment in lieu of conviction entered against
the individual in another jurisdiction for any substantially
equivalent criminal offense, is hereby suspended from practice
under this chapter by operation of law, and any license issued
to
the individual under this chapter is hereby suspended by
operation
of law as of the date of the guilty plea, verdict or
finding of
guilt, or judicial finding of eligibility for
treatment in lieu of
conviction, regardless of whether the
proceedings are brought in
this state or another jurisdiction.
The board shall notify the
suspended individual of the
suspension of the individual's license
by the operation of this
division by certified mail or in person
in accordance with
section 119.07 of the Revised
Code. If an
individual whose
license is suspended under this division fails to
make a timely
request for an adjudicatory hearing, the board shall
enter a
final order revoking the license. (E) No person whose license has been suspended
or revoked
under or by the operation of this section shall practice embalming
or funeral directing or operate a funeral home, embalming
facility, or
crematory facility until
the board has reinstated the
person's license. SECTION 2. That existing sections 2925.01, 4709.03, 4709.07,
4709.09, 4713.01, 4713.02, 4713.03, 4713.04, 4713.05, 4713.06,
4713.08, 4713.09, 4713.10, 4713.11, 4713.111, 4713.12, 4713.14,
4713.15, 4713.16, 4713.17, 4713.18, 4713.19, 4713.20, 4713.22,
4713.25, 4713.26, 4713.27, 4713.99, and 4717.14 and sections
4713.07, 4713.13, 4713.131, 4713.132, and 4713.21 of the Revised
Code are hereby repealed.
SECTION 3. The Governor shall determine, within thirty days
after the effective date of this act, which of the three members
of the State Board of Cosmetology who are licensed cosmetologists
actively engaged in managing beauty salons shall be removed from
office due to the expiration of the member's office pursuant to
the operation of division (A)(2) of section 4713.02 of the Revised
Code as enacted by this act.
SECTION 4. The Governor shall appoint members of the State
Board of Cosmetology to fill the positions on the Board created by
this act within sixty days after the effective date of this act.
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