To amend sections 4709.01, 4709.03, 4713.01, 4713.02, 4713.03, 4713.06, 4713.07, 4713.08, 4713.081, 4713.09, 4713.10, 4713.14, 4713.141, 4713.16, 4713.20, 4713.21, 4713.22, 4713.24, 4713.25, 4713.26, 4713.28, 4713.29, 4713.30, 4713.31, 4713.32, 4713.34, 4713.35, 4713.37, 4713.41, 4713.42, 4713.44, 4713.45, 4713.48, 4713.55, 4713.56, 4713.58, 4713.60, 4713.61, 4713.62, 4713.63, and 4713.64; to enact new section 4713.39 and sections 4713.071, 4713.66, and 4713.67; and to repeal sections 4713.17 and 4713.39 of the Revised Code to make changes to the Cosmetology Licensing Law.

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

Sec. 4709.01.  As used in this chapter:

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

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

(b) Cutting or styling hair;

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

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

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

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

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

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

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

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

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

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

(H) "The 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 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.

(I) "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.

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, so long as, if the cosmetologist or hair designer shaves the face, the cosmetologist or hair designer does so with a safety razor;

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

Sec. 4713.01.  As used in this chapter:

"Apprentice instructor" means a person an individual 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 a salon in which a person an individual 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.

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

"Braiding instructor" 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 an individual who teaches the theory and practice of braiding, but no other branch of cosmetology, at a school of cosmetology.

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

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

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

"Cosmetologist" means a person an individual authorized to engage in all branches of cosmetology.

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

"Cosmetology instructor" means a person an individual authorized to teach the theory and practice of all branches of cosmetology at a school of cosmetology.

"Esthetician" means a person an individual who engages in the practice of esthetics but no other branch of cosmetology.

"Esthetics instructor" means a person an individual 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 a salon in which a person an individual engages in the practice of esthetics but no other branch of cosmetology.

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

"Hair design instructor" means a person an individual 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 a salon in which a person an individual 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 braider" means an individual authorized to manage a braiding salon, but no other type of salon, and engage in the practice of braiding, but no other branch of cosmetology.

"Managing cosmetologist" means a person an individual authorized to manage a beauty salon and engage in all branches of cosmetology.

"Managing esthetician" means a person an individual 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 an individual 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 offering a branch of cosmetology practiced at the salon appropriate to the license.

"Managing manicurist" means a person an individual 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 an individual 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.

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

"Manicurist" means a person an individual who engages in the practice of manicuring but no other branch of cosmetology.

"Manicurist instructor" means a person an individual 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 a salon in which a person an individual 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 an individual who engages in the practice of natural hair styling but no other branch of cosmetology.

"Natural hair style instructor" means a person an individual 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 a salon in which a person an individual engages in the practice of natural hair styling but no other branch of cosmetology.

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

"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. It also includes enhancing the skin by skin care, facials, body treatments, hair removal, and other treatments; applying permanent cosmetics to the eyes, eyebrows, and lips; and applying eyelash extensions.

"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 cleaning, trimming, shaping the free edge of, or applying polish to the nails of any person, individual; 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,; using lotions or softeners on the hands and feet; 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.

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

"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 any premises, building, or part of a building in which an individual engages in the practice of one or more branches of cosmetology. "Salon" does not include a barber shop licensed under Chapter 4709. of the Revised Code. "Salon" does not mean a tanning facility, although a tanning facility may be located in a 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 an individual, 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 any premises, building, or part of a building that contains one or more rooms or booths with equipment or beds used for tanning human skin by the use of fluorescent sun lamps using ultraviolet or other artificial radiation.

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

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

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

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

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

(1) One person holding individual who holds a current, valid cosmetologist, managing cosmetologist, or cosmetology instructor license at the time of appointment;

(2) Two persons individuals holding current, valid managing cosmetologist licenses and actively engaged in managing beauty salons at the time of appointment;

(3) One person individual 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 individual holding a current, valid independent contractor license practices a branch of cosmetology;

(4) One person individual 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;

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

(7) One person individual who is either a certified nurse practitioner or clinical nurse specialist holding a certificate of authority issued under Chapter 4723. 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 individual representing the general public.

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

(C)(D) 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.

Except for the initial members appointed under divisions (A)(3) and (4) of this section, terms Terms of office are for five years. 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 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 a vice-chairperson. The executive director appointed under section 4713.06 of the Revised Code shall serve as the board's secretary.

The board shall prescribe the duties of its officers and establish an office within Franklin County county. 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 in accordance with section 143.49 of the Revised Code and any rules adopted by the board in compliance with the state's record retention policy. The board also shall adopt a seal.

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

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 executive director shall carry out the administrative functions of the board and implement the policies developed by the board to regulate the practice of cosmetology.

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

The board may appoint executive director shall delegate to inspectors of authority to inspect and investigate all facilities regulated by this chapter, including tanning facilities as needed to make periodic inspections as the board specifies, to ensure compliance with this chapter, the rules adopted under it, and the board's policies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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.

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

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

(ii) Specify the continuing education that a person whose license has been classified inactive in escrow 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 in escrow.

(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. 4713.081. 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 individual 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. 4713.09. The state board of cosmetology may adopt rules in accordance with Chapter 119. section 4713.08 of the Revised Code to establish a continuing education requirement, not to exceed eight twelve hours in a biennial licensing period, as a condition of renewal for a practicing license, managing license, or instructor license. In addition, the board shall require an independent contractor to complete instruction in business and tax as a condition of license renewal in an amount established by the board in rules, not to exceed four hours.

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

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

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

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

(C)(3) 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)(4) For 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;

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

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

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

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

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

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

(K)(11) For the restoration of an expired a license that may be restored pursuant to under section 4713.63 of the Revised Code, and in addition to the payments for all an amount equal to the sum of the following: the current renewal fee; any applicable late fees; and, if one or more renewal periods have elapsed since the license was valid, the lapsed renewal fees, thirty dollars for not more than three of those renewal periods;

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

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

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

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

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

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

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

(B) Aid or abet any person:

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

(2) Obtaining a license or permit fraudulently;

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

(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 an individual to practice a branch of cosmetology if the person individual 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 issued 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 individual 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 as an independent contractor without a current, valid independent contractor license issued 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 therapy at a salon for pay, free, or otherwise without a current, valid certificate issued by the state medical board 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;

(L) Teach a branch of cosmetology at a salon, unless the person individual 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)(O) Use a cosmetic product in a manner inconsistent with a restriction established by the United States food and drug administration by regulation;

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

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

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

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

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

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), (O), or (P) of section 4713.14 of the Revised Code has been violated.

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

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

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

(B)(2) 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)(3) 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)(4) The provision of glamour photography services at a licensed salon if either of the following is the case:

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

(2)(b) 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 an individual who holds either of the following authorizing the person individual to practice that branch of cosmetology:

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

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

(E)(5) 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.

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

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

(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;

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

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

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

(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.

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

(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;

(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.

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

Sec. 4713.20. (A) Each person individual who seeks admission to an examination conducted under section 4713.24 of the Revised Code and each person who seeks a license under this chapter shall do all submit both of the following:

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

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

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

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

(2) Pay to the board the applicable fee;

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

(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 A set of the individual's fingerprint impressions.

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 An individual who failed to appear for an examination that the person individual was previously scheduled to take;

(B) A person An individual 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 an individual 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 individual 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 individual 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 An individual issued a temporary pre-examination work permit may practice the branch of cosmetology for which the person individual seeks a license until the date the person individual is scheduled to take an examination under section 4713.24 of the Revised Code. The person individual shall practice under the supervision of a person an individual 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. 4713.24. (A) The state board of cosmetology shall conduct an examination for each person individual who satisfies the requirements established by section 4713.20 of the Revised Code for admission to the examination. The board may develop and administer the appropriate examination or enter into an agreement with a national testing service to develop the examination, administer it, or both. The

(B) The examination shall be specific to the type of license the person individual seeks and satisfy all of the following conditions:

(A)(1) Include both practical demonstrations and written or oral tests related to the type of license the person individual seeks;

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

(C)(3) Be consistent in both practical and technical requirements for the type of license the person individual seeks;

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

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

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

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

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

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

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

The board may administer a separate managing cosmetologist examination for persons individuals 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 individuals who complete a combined eighteen hundred-hour cosmetologist and managing cosmetologist training course.

The board may administer a separate managing esthetician examination for persons individuals 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 individuals 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 individuals 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 individuals 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 individuals 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 individuals 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 individuals 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 individuals who complete a combined six hundred-hour natural hair stylist and managing natural hair stylist training course.

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

Sec. 4713.26. Each person individual admitted to an examination conducted under section 4713.24 of the Revised Code shall furnish the person's individual's own model.

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

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

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

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

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

(5) An oath verifying the application is true;

(6) The applicable fee.

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

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

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

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

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

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

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

(8) In the case of an applicant for an initial cosmetologist license, has successfully completed at least fifteen one thousand five hundred hours of board-approved cosmetology training in a school of cosmetology licensed in this state, except that only one thousand hours of board-approved cosmetology 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;

(G)(9) 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)(10) 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)(11) In the case of an applicant for an initial manicurist license, has successfully completed at least two hundred hours of board-approved manicurist training in a school of cosmetology licensed in this state;

(J)(12) In the case of an applicant for an initial natural hair stylist license, 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;

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

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

Sec. 4713.29. In accordance with rules adopted under section 4713.08 of the Revised Code, the state board of cosmetology, upon a vote of the majority of the board, 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. (A) An individual who seeks a managing license from the state board of cosmetology shall submit a written application on a form furnished by the board. The application shall contain all of the following:

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

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

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

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

(5) An oath verifying the application is true;

(6) The applicable fee.

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

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

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

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

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

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

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

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

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

(b) 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 braider or a cosmetologist, at least one hundred fifty hours of board-approved managing braider training.

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

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

(2)(b) 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)(9) In the case of an applicant for an initial managing esthetician license, does either of the following:

(1)(a) 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 for whom the applicant performed services in a licensed salon 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)(b) 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)(10) In the case of an applicant for an initial managing hair designer license, does either of the following:

(1)(a) 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 for whom the applicant performed services in a licensed salon 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)(b) 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)(11) In the case of an applicant for an initial managing manicurist license, does either of the following:

(1)(a) 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 for whom the applicant performed services in a licensed salon or barber shop 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)(b) 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)(12) In the case of an applicant for an initial managing natural hair stylist license, does either of the following:

(1)(a) 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 for whom the applicant performed services in a licensed salon 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)(b) 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.

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

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

(b) 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 threader or a cosmetologist, at least one hundred fifty hours of board-approved managing threader training.

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

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

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

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

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

(5) An oath verifying the application is true;

(6) The applicable fee.

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

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

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

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

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

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

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

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

(6) 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)(a) Has the licensed managing cosmetologist or owner of the licensed beauty salon in which the applicant has been employed in this or another state for whom the applicant performed services in a licensed salon 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)(b) 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)(7) 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)(a) 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 in this or another state for whom the applicant performed services in a licensed salon 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)(b) 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)(8) 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)(a) 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 in this or another state for whom the applicant performed services in a licensed salon 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)(b) 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)(9) 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)(a) 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 in this or another state for whom the applicant performed services in a licensed salon 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)(b) 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)(10) 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)(a) 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 in this or another state for whom the applicant performed services in a licensed salon 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)(b) 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.

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

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

(b) Has a school of cosmetology licensed in this state certify to the board that the applicant has successfully completed at least one hundred fifty hours of board-approved threading 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 this chapter, the state board of cosmetology shall not take into account more than ten 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. 4713.34.  The state board of cosmetology shall issue a license to practice a branch of cosmetology, managing license, or instructor license to an applicant who is licensed or registered in another state or country to practice that branch of cosmetology, 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:

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

(2) Is of good moral character;

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

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

(5) In the case of an applicant for a practicing license or managing license, passes an a practical and theory 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)(6) 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.

(C) The jurisdiction that issued the applicant's license or registration extends similar reciprocity to persons individuals holding a license issued by the board.

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

An individual 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 individual chooses.

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

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

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

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

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

A person An individual 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 individual chooses.

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

A person An individual 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. The individual may engage in the practice of hair design, but no may not engage in any other branch of cosmetology, except to the extent that the activities included in the practice of braiding are also part of the practice of hair design.

A person An individual 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 An individual 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. The individual may engage in the practice of natural hair styling, but no may not engage in any other branch of cosmetology, except to the extent that the activities included in the practice of braiding are also part of the practice of natural hair styling.

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

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

A person An individual 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 individual chooses.

A person An individual who holds a current, valid esthetics instructor license issued by the board may teach at a school of cosmetology the theory and practice of esthetics, but no may not teach the theory and practice of any other branch of cosmetology, at a school of cosmetology except to the extent that the theory and practice of threading are also part of the theory and practice of esthetics.

A person An individual who holds a current, valid hair design instructor license issued by the board may teach at a school of cosmetology the theory and practice of hair design, but no may not teach the theory and practice of any other branch of cosmetology, at a school of cosmetology except to the extent that the theory and practice of braiding are also part of the theory and practice of hair design.

A person An individual 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 An individual who holds a current, valid natural hair style instructor license issued by the board may teach at a school of cosmetology the theory and practice of natural hair styling, but no may not teach the theory and practice of any other branch of cosmetology, at a school of cosmetology except to the extent that the theory and practice of braiding are also part of the theory and practice of natural hair styling.

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

Sec. 4713.37. (A) The state board of cosmetology may issue a temporary special occasion work permit to a person an individual 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 individual 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 An individual issued a temporary special occasion work permit may practice the branch of cosmetology the person individual practices in another state or country, or teach the theory and practice of the branch of cosmetology the person individual 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.  (A) An individual who holds a current valid manager's license shall be granted a license to practice as an independent contractor in the branch of cosmetology for which the manager's license was issued if the individual does all of the following:

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

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

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

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

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

(3) Set the individual's own schedule;

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

(5) Pay for any insurance coverage.

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

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

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

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

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

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

(5) An oath verifying the application is true;

(6) The applicable fee.

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

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

(2)(b) A business establishment that is engaged primarily in retail sales but is also licensed as a salon shall have a person an individual 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)(2) The salon is equipped to do all of the following:

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

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

(3)(c) 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 in the cosmetic therapy, massage therapy, or other professional service.

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

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

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

Sec. 4713.42. A person An individual 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 An individual holding a current, valid license or certificate issued by a professional regulatory board of this state may practice the person's individual's profession in a salon if the person's individual's profession is authorized by rules adopted under section 4713.08 of the Revised Code to practice in a salon.

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

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

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

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

(4) An oath verifying the application is true;

(5) The applicable fee.

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

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

(1) 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 under section 4713.24 of the Revised Code that a person individual must pass to obtain a license to practice that branch or those branches of cosmetology;

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

(3) Maintains persons individuals licensed under section 4713.31 or 4713.34 of the Revised Code to teach the theory and practice of the branches of cosmetology;

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

(5) 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;

(6) 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;

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

(8) 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, except 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.

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

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

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

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 an individual 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 an individual employed pursuant to division (A)(4) of this section teaches at the school, unless the person individual is one of the following:

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

(2) A person An individual with a bachelor's degree in the subject the person individual teaches at the school;

(3) A person An individual also employed by a university or college to teach the subject the person individual teaches at the school.

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

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

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

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

(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 To continue operating, a permit holder may shall biennially renew a the permit by the last day of January of each odd-numbered year upon. The board shall renew the permit upon the holder's payment to the treasurer of state of the biennial renewal fee.

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

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. The board shall specify on each salon license that the board issues the branch of cosmetology that the license entitles the holder to offer. The board shall specify on each independent contractor license that the board issues the branch of cosmetology that the license entitles the holder to offer within a licensed salon. Such licenses are prima-facie evidence of the right of the holder to practice or teach the branch of cosmetology, or manage the type of salon, that the license specifies.

Sec. 4713.56. Every holder of a practicing license, managing license, instructor license, or independent contractor license issued by the state board of cosmetology shall display the license in a public and conspicuous place in the 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 person individual who provides cosmetic therapy, massage therapy, or other professional service in a salon under section 4713.42 of the Revised Code shall display the person's individual's professional license or certificate in a public and conspicuous place in the room used for the therapy or other service.

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 an individual currently licensed as:

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

(2) 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)(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;

(3)(4) 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)(5) 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)(6) 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;

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

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

Sec. 4713.60. (A) Except as provided in division (C) of this section, a person an individual 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 under section 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 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 last day of January and for which the continuing education requirement has not been waived or extended shall be considered expired no longer valid.

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 an individual 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 individual's license classified inactive in escrow. If the board develops such a procedure, a person an individual seeking to have the person's individual's license classified inactive in escrow 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 a license in escrow until the later of the following:

(1) The date that the person individual holding the license submits proof satisfactory to the board that the person individual 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 in escrow.

(C) A person An individual who holds an inactive a license in escrow may engage in the practice of a branch of cosmetology if the person individual 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 An individual 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, proprietary continuing education institutions providing programs approved by the board, 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 in escrow, or because the license holder has been given a waiver or extension under section 4713.60 of the Revised Code, is expired no longer valid. An expired The license may be restored if the person individual who held the license meets all of the following applicable conditions:

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

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

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

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

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 an individual 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 cooperate with an investigation or an inspection;

(7) Failure to respond to a subpoena;

(8) 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;

(2) Impose a fine;

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

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

(D) 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)(E)(1) 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.

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

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

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

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

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

(F) If a person fails to request a hearing within or a consent agreement not later than thirty days of after 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)(G) The board, after a hearing in accordance with Chapter 119. of the Revised Code or pursuant to a consent agreement, may suspend a tanning facility license or permit if the owner or operator licensee or permit holder 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

If a violation of this chapter or rules adopted under it 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 a facility, the inspector may suspend the license or permit of the facility or the person responsible for the violation without a prior hearing or an opportunity for a consent agreement until the condition is corrected or until a hearing in accordance with Chapter 119. of the Revised Code is held or a consent agreement is entered into and the board either upholds the suspension or reinstates the license or permit.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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