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Sub. H. B. No. 131 As Reported by the House Health and Aging CommitteeAs Reported by the House Health and Aging Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Johnson, Stinziano
Cosponsors:
Representatives Antonio, Beck, Boyd, Dovilla, Driehaus, Duffey, Fedor, Grossman, Hagan, C., Hagan, R., Letson, Ramos, Ruhl, Slaby, Stebelton, Wachtmann, Bishoff
A BILL
To amend sections 4713.01, 4713.08, and 4713.64 and
to enact sections 4713.50 and 4713.51 of the
Revised Code regarding the use and regulation of
tanning facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4713.01, 4713.08, and 4713.64 be
amended and sections 4713.50 and 4713.51 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 any premises, building, or part of a building that
contains one or more rooms or booths with any of the following:
(A) Equipment or beds used for tanning human skin by the use
of fluorescent sun lamps using ultraviolet or other artificial
radiation;
(B) Equipment that applies chemicals to human skin to create
the appearance of being suntanned, including chemical applications
commonly referred to as spray-on, mist-on, or sunless tans;
(C) Equipment or beds that use visible light for cosmetic
purposes.
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 the manner in which a school of cosmetology
licensed under section 4713.44 of the Revised Code may offer
post-secondary and advanced practice programs;
(15) Establish sanitary standards for the practice of the
branches of cosmetology, salons, and schools of cosmetology;
(16) 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;
(17) 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;
(c) Require consumers to be supervised as to the length of
time consumers use the facility facility's sun lamps;
(c)(d) 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)(e) Require the installation of protective shielding for
sun lamps and handrails for consumers;
(e)(f) 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 (g) Establish
procedures an operator must follow in making reasonable efforts in
compliance with section 4713.50 of the Revised Code to determine
the age of an individual seeking to use sun lamp tanning services.
(18)(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.
(19) 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;
(20) 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)(18)(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)(15)
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)(16) 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. (A) A tanning facility operator or employee
shall make reasonable efforts, in accordance with procedures
established under section 4713.08 of the Revised Code, to
determine whether an individual seeking to use the facility's sun
lamp tanning services is less than sixteen years of age, at least
sixteen but less than eighteen years of age, or eighteen years of
age or older.
(B)(1) A tanning facility operator or employee shall not
allow an individual who is eighteen years of age or older to use
the facility's sun lamp tanning services without first obtaining
the consent of the individual. The consent shall be evidenced by
the individual's signature on the form developed by the state
board of cosmetology under section 4713.51 of the Revised Code.
The consent is valid indefinitely.
(2) A tanning facility operator or employee shall not allow
an individual who is at least sixteen but less than eighteen years
of age to use the facility's sun lamp tanning services without
first obtaining the consent of a parent or legal guardian of the
individual. The consent shall be evidenced by the signature of the
parent or legal guardian on the form developed by the board under
section 4713.51 of the Revised Code. The form must be signed in
the presence of the operator or an employee of the tanning
facility. The consent is valid for ninety days from the date the
form is signed. A tanning facility operator or employee shall not
allow an individual who is at least sixteen but less than eighteen
years of age to use the facility's sun lamp tanning services for
more than forty-five sessions during the ninety-day period covered
by the consent. No such session may be longer than the maximum
safe time of exposure specified in rules adopted under division
(A)(17) of section 4713.08 of the Revised Code.
(3) A tanning facility operator or employee shall not allow
an individual who is less than sixteen years of age to use the
facility's sun lamp tanning services unless both of the following
apply:
(a) The tanning facility operator or employee obtains the
consent of a parent or legal guardian of the individual prior to
each session of the use of the facility's sun lamp tanning
services. The consent shall be evidenced by the signature of the
parent or legal guardian on the form developed by the board under
section 4713.51 of the Revised Code. The form must be signed in
the presence of the operator or an employee of the tanning
facility.
(b) A parent or legal guardian of the individual is present
at the tanning facility for the duration of each session of the
use of the facility's sun lamp tanning services.
(C) For purposes of division (B) of this section, an
electronic signature may be used to provide and may be accepted as
a signature evidencing consent.
Sec. 4713.51. The state board of cosmetology shall develop a
form for use by tanning facility operators and employees in
complying with the consent requirements of division (B) of section
4713.50 of the Revised Code. The form must describe the potential
health effects of radiation from sun lamps, including a
description of the possible relationship of the radiation to skin
cancer. In developing the form, the board shall consult with the
department of health, dermatologists, and tanning facility
operators. The board shall make the form available on the internet
web site maintained by the board.
Sec. 4713.64. (A) The state board of cosmetology may take
disciplinary action for any of the following:
(1) Failure to comply with the requirements of this chapter
or rules adopted under it;
(2) Continued practice by a person knowingly having an
infectious or contagious disease;
(3) Habitual drunkenness or addiction to any habit-forming
drug;
(4) Willful false and fraudulent or deceptive advertising;
(5) Falsification of any record or application required to be
filed with the board;
(6) Failure to pay a fine or abide by a suspension order
issued by the board.
(B) On determining that there is cause for disciplinary
action, the board may do one or more of the following:
(1) Deny, revoke, or suspend a license or permit issued by
the board;
(3) Require the holder of a license or permit to take
corrective action courses.
(C) The amount and content of corrective action courses and
other relevant criteria shall be established by the board in rules
adopted under section 4713.08 of the Revised Code.
(D) 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 five hundred dollars if the violator has not
previously been fined for that offense. The fine shall be not more
than one thousand dollars if the violator has been fined for the
same offense once before. The fine shall be not more than one
thousand five hundred dollars if the violator has been fined for
the same offense two or more times before.
In the case of an offense of failure to comply with division
(A) or (B)(2) or (3) of section 4713.50 of the Revised Code, the
board shall impose a fine of five hundred dollars if the violator
has not previously been fined for that offense. If the violator
has previously been fined for the offense, the board may impose a
fine in accordance with this division or take another action in
accordance with division (B) of this section.
(E) 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.
(F) 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.
Section 2. That existing sections 4713.01, 4713.08, and
4713.64 of the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act take effect three
months after the effective date of this act.
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