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H. B. No. 173 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Fende, Combs
Cosponsors:
Representatives Evans, Murray, Letson, Chandler, Hagan, Ujvagi, Domenick, Bubp, Garland, Harwood, Uecker, Brown, Lehner, DeBose
A BILL
To amend sections 4713.01 and 4713.08 and to enact
section 4713.50
of the Revised Code regarding the
regulation of chemical tanning applications and
the use of tanning
services by individuals under
18 years of age.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4713.01 and 4713.08 be amended and
section
4713.50 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 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,
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 or by the use of chemicals applied to the skin,
including chemical applications commonly referred to as spray-on,
mist-on or sunless tans.
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. 4713.50. An operator or
employee of a tanning facility
shall not allow an individual who is under
eighteen years of age
to use the tanning services of the facility
unless the individual
presents a prescription for receiving
ultraviolet radiation
treatments written by a physician authorized
under Chapter 4731.
of the Revised Code to practice medicine and
surgery or
osteopathic medicine and surgery.
Section 2. That existing sections 4713.01 and 4713.08 of the
Revised Code
are hereby repealed.
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