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H. B. No. 449 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Yuko, McGregor, J., Fessler, Evans, Huffman, Brown, Stebelton
A BILL
To amend section 4713.01 and to enact section 4713.18
of the Revised
Code to specifically allow
estheticians, hair
designers, manicurists,
natural hair stylists, and
cosmetologists to
operate out of a salon that is a
mobile unit if
that unit is at least one thousand
feet from the
nearest salon that is housed in a
permanent
structure.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4713.01 be amended and section
4713.18 of the Revised Code be enacted to read as follows:
Sec. 4713.01. As used in
this chapter:
"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, or mobile unit 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, or mobile unit 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, or mobile unit 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.
"Mobile unit" means a movable unit that the board determines
is appropriate for use as a salon, including, but not limited to,
motor homes and trailers.
"Nail salon" means any premises, building, or part of a
building, or mobile unit 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, or mobile unit 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,
or hairpieces by arranging,
dressing, pressing,
curling, waving, permanent waving, cleansing,
cutting, singeing,
bleaching, coloring,
braiding, weaving, or
similar work. "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
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 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.
"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. 4713.18. (A) Mobile units are subject to all the
provisions of this chapter.
(B) No mobile unit shall operate within one thousand feet of
the nearest existing salon that is housed in a permanent
structure.
(C) Each mobile unit shall have an adequate dispensary, as
determined by the state board of cosmetology, to store chemicals
and other cosmetology substances away from the purview of the
general public.
(D) Each mobile unit shall install and maintain a global
positioning system as determined by the board.
Section 2. That existing section 4713.01 of the
Revised Code
is hereby repealed.
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