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S. B. No. 333 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Tavares, Beagle, Brown, Kearney
A BILL
To amend sections 2925.01, 4713.01, 4713.02, 4713.03,
4713.06, 4713.07, 4713.08, 4713.081, 4713.082,
4713.09, 4713.10, 4713.13, 4713.14, 4713.141,
4713.16, 4713.17, 4713.20, 4713.21, 4713.22,
4713.24, 4713.25, 4713.26, 4713.28, 4713.30,
4713.31, 4713.34, 4713.35, 4713.36, 4713.37,
4713.39, 4713.41, 4713.42, 4713.44, 4713.45,
4713.48, 4713.55, 4713.56, 4713.57, 4713.58,
4713.59, 4713.60, 4713.61, 4713.62, 4713.63,
4713.64, 4713.641, and 4713.99 and to enact
sections 4713.071, 4713.66, and 4713.69 of the
Revised Code to make changes to the Cosmetology
Licensing Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.01, 4713.01, 4713.02, 4713.03,
4713.06, 4713.07, 4713.08, 4713.081, 4713.082, 4713.09, 4713.10,
4713.13, 4713.14, 4713.141, 4713.16, 4713.17, 4713.20, 4713.21,
4713.22, 4713.24, 4713.25, 4713.26, 4713.28, 4713.30, 4713.31,
4713.34, 4713.35, 4713.36, 4713.37, 4713.39, 4713.41, 4713.42,
4713.44, 4713.45, 4713.48, 4713.55, 4713.56, 4713.57, 4713.58,
4713.59, 4713.60, 4713.61, 4713.62, 4713.63, 4713.64, 4713.641,
and 4713.99 be amended and sections 4713.071, 4713.66, and 4713.69
of the Revised Code be enacted to read as follows:
Sec. 2925.01. As used in this chapter:
(A) "Administer," "controlled substance," "controlled
substance analog," "dispense," "distribute," "hypodermic,"
"manufacturer," "official written order," "person," "pharmacist,"
"pharmacy," "sale," "schedule I," "schedule II," "schedule III,"
"schedule IV," "schedule V," and "wholesaler" have the same
meanings as in section 3719.01 of the Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the same
meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," "licensed health professional
authorized to prescribe drugs," and "prescription" have the same
meanings as in section 4729.01 of the Revised Code.
(D) "Bulk amount" of a controlled substance means any of the
following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III, with the
exception of controlled substance analogs, marihuana, cocaine,
L.S.D., heroin, and hashish and except as provided in division
(D)(2) or (5) of this section, whichever of the following is
applicable:
(a) An amount equal to or exceeding ten grams or twenty-five
unit doses of a compound, mixture, preparation, or substance that
is or contains any amount of a schedule I opiate or opium
derivative;
(b) An amount equal to or exceeding ten grams of a compound,
mixture, preparation, or substance that is or contains any amount
of raw or gum opium;
(c) An amount equal to or exceeding thirty grams or ten unit
doses of a compound, mixture, preparation, or substance that is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or lysergic acid amide, or a schedule I
stimulant or depressant;
(d) An amount equal to or exceeding twenty grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is or
contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty grams
or thirty times the maximum daily dose in the usual dose range
specified in a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant that is in a final dosage
form manufactured by a person authorized by the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as
amended, and the federal drug abuse control laws, as defined in
section 3719.01 of the Revised Code, that is or contains any
amount of a schedule II depressant substance or a schedule II
hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one hundred twenty grams
or thirty times the maximum daily dose in the usual dose range
specified in a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule III or IV substance other than an
anabolic steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two hundred solid dosage
units, sixteen grams, or sixteen milliliters of a compound,
mixture, preparation, or substance that is or contains any amount
of a schedule III anabolic steroid.
(E) "Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that indicates that it is
the amount or unit by which the controlled substance is separately
administered to or taken by an individual.
(F) "Cultivate" includes planting, watering, fertilizing, or
tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or
2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or any
other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity
in committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse offense
that would constitute a felony under the laws of this state, any
other state, or the United States.
(I) "Harmful intoxicant" does not include beer or
intoxicating liquor but means any of the following:
(1) Any compound, mixture, preparation, or substance the gas,
fumes, or vapor of which when inhaled can induce intoxication,
excitement, giddiness, irrational behavior, depression,
stupefaction, paralysis, unconsciousness, asphyxiation, or other
harmful physiological effects, and includes, but is not limited
to, any of the following:
(a) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(b) Any aerosol propellant;
(c) Any fluorocarbon refrigerant;
(J) "Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K) "Possess" or "possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L) "Sample drug" means a drug or pharmaceutical preparation
that would be hazardous to health or safety if used without the
supervision of a licensed health professional authorized to
prescribe drugs, or a drug of abuse, and that, at one time, had
been placed in a container plainly marked as a sample by a
manufacturer.
(M) "Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of references
that are approved by the state board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label bears, a
trademark, trade name, or other identifying mark used without
authorization of the owner of rights to that trademark, trade
name, or identifying mark;
(2) Any unmarked or unlabeled substance that is represented
to be a controlled substance manufactured, processed, packed, or
distributed by a person other than the person that manufactured,
processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is "committed in the vicinity of a school" if
the offender commits the offense on school premises, in a school
building, or within one thousand feet of the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed on school premises, in a school
building, or within one thousand feet of the boundaries of any
school premises.
(Q) "School" means any school operated by a board of
education, any community school established under Chapter 3314. of
the Revised Code, or any nonpublic school for which the state
board of education prescribes minimum standards under section
3301.07 of the Revised Code, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted at the time a criminal offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or leased
by a board of education of a school, the governing authority of a
community school established under Chapter 3314. of the Revised
Code, or the governing body of a nonpublic school for which the
state board of education prescribes minimum standards under
section 3301.07 of the Revised Code and on which some of the
instruction, extracurricular activities, or training of the school
is conducted, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the parcel of real property at the time a criminal offense is
committed.
(S) "School building" means any building in which any of the
instruction, extracurricular activities, or training provided by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the Government
of the Bar of Ohio.
(U) "Certified grievance committee" means a duly constituted
and organized committee of the Ohio state bar association or of
one or more local bar associations of the state of Ohio that
complies with the criteria set forth in Rule V, section 6 of the
Rules for the Government of the Bar of Ohio.
(V) "Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (36) of this
section and that qualifies a person as a professionally licensed
person.
(W) "Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has registered
as a public accountant under Chapter 4701. of the Revised Code and
who holds an Ohio permit issued under that chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect under
Chapter 4703. of the Revised Code or who holds a permit as a
landscape architect issued under that chapter;
(5) A person licensed under Chapter 4707. of the Revised
Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the business
of a debt pooling company by a legislative authority, under
authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's license,
hair designer's license, manicurist's license, esthetician's
license, natural hair stylist's license, managing advanced
cosmetologist's license, managing advanced hair designer's
license,
managing advanced manicurist's license, managing
advanced esthetician's license, managing advanced natural hair
stylist's license, cosmetology instructor's license, hair design
instructor's license, manicurist instructor's license, esthetics
instructor's license, natural hair style instructor's license,
independent contractor's license, or tanning facility permit under
Chapter 4713. of the Revised Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or who has been registered for an embalmer's or funeral
director's apprenticeship under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry or
to engage in optical dispensing under Chapter 4725. of the Revised
Code;
(13) A person licensed to act as a pawnbroker under Chapter
4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician
assistant under Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to practice
medicine and surgery, osteopathic medicine and surgery, a limited
branch of medicine, or podiatry under Chapter 4731. of the Revised
Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to practice
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or real
estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech-language
pathologist or audiologist under Chapter 4753. of the Revised
Code;
(31) A person issued a license as an occupational therapist
or physical therapist under Chapter 4755. of the Revised Code;
(32) A person who is licensed as a professional clinical
counselor or professional counselor, licensed as a social worker
or independent social worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or limited permit
to practice respiratory therapy under Chapter 4761. of the Revised
Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of
the supreme court in compliance with its prescribed and published
rules.
(X) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer, or
derivative of ecgonine, or a salt of an isomer or derivative of
ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division (X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y) "L.S.D." means lysergic acid diethylamide.
(Z) "Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate, liquid extract, or liquid distillate form.
(AA) "Marihuana" has the same meaning as in section 3719.01
of the Revised Code, except that it does not include hashish.
(BB) An offense is "committed in the vicinity of a juvenile"
if the offender commits the offense within one hundred feet of a
juvenile or within the view of a juvenile, regardless of whether
the offender knows the age of the juvenile, whether the offender
knows the offense is being committed within one hundred feet of or
within view of the juvenile, or whether the juvenile actually
views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described in
division (D) of section 2929.13 of the Revised Code, that a prison
term is a necessary sanction for a felony in order to comply with
the purposes and principles of sentencing under section 2929.11 of
the Revised Code.
(DD) "Major drug offender" has the same meaning as in section
2929.01 of the Revised Code.
(EE) "Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as it
existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it
exists on and after July 1, 1996, that is a misdemeanor or a
felony of the fifth degree.
(FF) "Mandatory prison term" has the same meaning as in
section 2929.01 of the Revised Code.
(GG) "Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(HH) "Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort.
(II) "Methamphetamine" means methamphetamine, any salt,
isomer, or salt of an isomer of methamphetamine, or any compound,
mixture, preparation, or substance containing methamphetamine or
any salt, isomer, or salt of an isomer of methamphetamine.
(JJ) "Lawful prescription" means a prescription that is
issued for a legitimate medical purpose by a licensed health
professional authorized to prescribe drugs, that is not altered or
forged, and that was not obtained by means of deception or by the
commission of any theft offense.
(KK) "Deception" and "theft offense" have the same meanings
as in section 2913.01 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 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
during which a license issued pursuant to this chapter is valid.
The biennial licensing period may be more than two years during
the transition from renewal on the last day of January to renewal
on the licensee's birthdate.
"Boutique services" include braiding, threading, and eye lash
extension services, and any other beauty service considered to be
a "boutique service" by the board of cosmetology.
"Braiding" means intertwining the hair in a systematic motion
to create patterns in a three-dimensional form, inverting the hair
against the scalp along part of a straight or curved row of
intertwined hair, or twisting the hair in a systematic motion, and
includes extending the hair with natural or synthetic hair fibers.
"Branch of cosmetology" means the practice of cosmetology,
practice of esthetics, practice of hair design, practice of
manicuring, or practice of natural hair styling, or practice of
boutique services.
"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 in a licensed facility.
"Cosmetology" means the art or practice of embellishment,
cleaning, beautification, and styling of hair, wigs, postiches,
face, body, or nails and tanning of human 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 in a
licensed facility.
"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 in which a person an individual engages in the practice
of esthetics but no other branch of cosmetology.
"Eye lash extensions" include temporary and semi-permanent
enhancements designed to add length, thickness, and fullness to
natural eyelashes.
"Hair designer" means a person an individual who engages in
the practice of hair design but no other branch of cosmetology in
a licensed facility.
"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 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
an individual who is not an employee of a salon but practices a
branch of cosmetology at within a salon in which the license
holder rents booth space a licensed facility subject to an
agreement with the salon or the salon's owner.
"Instructor license" means a license to teach the theory and
practice of a branch of cosmetology at a school of cosmetology.
"Licensed facility" means any premises, building, or part of
a building licensed under section 4713.41 of the Revised Code in
which cosmetology services are authorized by the state board of
cosmetology to be performed.
"Managing Advanced cosmetologist" means a person an
individual authorized to manage work in a beauty salon and engage
in all branches of cosmetology.
"Managing Advanced esthetician" means a person an individual
authorized to manage work in an esthetics salon, but no other type
of salon, and engage in the practice of esthetics, but no other
branch of cosmetology.
"Managing Advanced hair designer" means a person an
individual authorized to manage
work in 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 Advanced license" means a license to manage work in
a salon and practice the branch of cosmetology practiced at the
salon.
"Managing Advanced manicurist" means a person an individual
authorized to manage work in a nail salon, but no other type of
salon, and engage in the practice of manicuring, but no other
branch of cosmetology.
"Managing Advanced natural hair stylist" means a person an
individual authorized to
manage work in a natural hair style
salon, but no other type of salon, and engage in the practice of
natural hair styling, but no other branch of cosmetology.
"Manicurist" means a person an individual who engages in the
practice of manicuring but no other branch of cosmetology in a
licensed facility.
"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 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 in a licensed facility.
"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 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 an 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 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; enhancement of the skin by skin
care, facials, body treatments, hair removal, and other
treatments; the application of permanent cosmetics to the eyes,
eyebrows, and lips; and the application of 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, individual; massaging the hands and lower arms up to the
elbow of any
person, individual; massaging the feet and lower legs
up to the knee of any
person, individual; using lotions or
softeners on the hands and feet of any individual; or any
combination of these four types of services.
"Practice of natural hair styling" means utilizing techniques
performed by hand that result in tension on hair roots such as
twisting, wrapping, weaving, extending, locking, or braiding of
the hair. "Practice of natural hair styling" does not include the
application of dyes, reactive chemicals, or other preparations to
alter the color or to straighten, curl, or alter the structure of
the hair. "Practice of natural hair styling" also does not include
embellishing or beautifying hair by cutting or singeing, except as
needed to finish off the end of a braid, or by dressing, pressing,
curling, waving, permanent waving, or similar work.
"Practicing license" means a license to practice a branch of
cosmetology in a licensed facility.
"Salon" means a beauty salon, esthetics salon, hair design
salon, nail salon, or natural hair style salon licensed facility
on 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
equipment any premises, building, or part of a building that
contains one or more rooms or booths with any of the following:
(A) Equipment or beds used for tanning human skin by the use
of fluorescent sun lamps using ultraviolet or other artificial
radiation;
(B) Equipment or beds that use chemicals applied to human
skin, including chemical applications commonly referred to as
spray-on, mist-on, or sunless tans;
(C) Equipment or beds that use visible light for cosmetic
purposes.
"Threading" includes a service that results in the removal of
hair from its follicle from around the eyebrows and from other
parts of the face with the use of a single strand of thread and an
over-the-counter astringent, if the service does not use chemicals
of any kind, wax, or any implements, instruments, or tools to
remove hair.
Sec. 4713.02. (A) There is hereby created the state board of
cosmetology, consisting of all of the following members appointed
by the governor, with the advice and consent of the senate:
(1) One person individual holding 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 for a period of not less than five years 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
holding a current, valid independent contractor license and
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 or career-technical 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;
(9) One individual who holds a current, valid, tanning
license and who has owned or managed a tanning facility for at
least five years immediately preceding the individual's
appointment.
(B) The superintendent of public instruction shall nominate
three persons individuals for the governor to choose from when
making an appointment under division (A)(4) of this section.
(C) All members shall be at least twenty-five years of age,
residents of the state, and citizens of the United States. No more
than two members, at any time, shall be graduates of the same
school of cosmetology. Not more than one member shall be
financially interested in, or have any financial connection with,
any 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 pursuant to section 4713.06 of the Revised Code
shall serve as the board's secretary.
(D) 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 149.43 of the Revised Code and any rules
adopted by the board in compliance with this 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, but subsequent to appointment, shall serve as
secretary of the board. The executive director, before entering
upon the discharge of the executive director's duties, shall file
with the secretary of state a good and sufficient bond payable to
the state, to ensure the faithful performance of duties of the
office of executive director. The bond shall be in an amount the
board requires. The premium of the bond shall be paid from
appropriations made to the board for operating purposes.
The board may employ inspectors, examiners, consultants on
contents of examinations, and clerks, or other individuals as
necessary for the administration of this chapter. All inspectors
and examiners shall be licensed cosmetologists.
The board may appoint inspectors of 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 pursuant to it, and the board's policies, in accordance
with division (A)(11) of section 4713.07 of the Revised Code.
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, when evidence appears to
demonstrate that an individual has violated any provision of this
chapter or any rule adopted pursuant to it, the activities or
premises of a license holder or unlicensed individual;
(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 a license
or registration issued under this chapter;
(B)(5) Prescribe and make available application forms to be
used by persons individuals seeking renewal of a license or
registration issued under this chapter;
(C)(6) Provide a toll-free number and an online service to
receive complaints alleging violations of this chapter;
(7) Report to the proper prosecuting officer all violations
of section 4713.14 of the Revised Code of which the board is
aware;
(D)(8) 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)(9) 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 individual
issued a license or registration 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, and
registration that the board issues;.
(F)(10) 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)(11) Cause inspectors appointed pursuant to section
4713.06 of the Revised Code to conduct inspections of licensed
facilities, including salons, schools of cosmetology, and tanning
facilities, within ninety days of the opening for business of a
licensed facility, upon complaints reported to the board, within
ninety days after a violation was documented at a facility, and at
least once every two years. Any individual, after providing the
individual's name and contact information, may report to the board
any information the individual may have that appears to show a
violation of any provision of this chapter or rule adopted under
it. In the absence of bad faith, any individual who reports
information of that nature or who testifies before the board in
any adjudication conducted under Chapter 119. of the Revised Code
shall not be liable for damages in a civil action as a result of
the report or testimony. For the purpose of inspections, an
independent contractor shall be added to the board's records as an
individual salon.
(12) Supply a copy of the poster created pursuant to division
(B) of section 5502.63 of the Revised Code to each person
authorized to operate a salon, school of cosmetology, tanning
facility, or other type of facility under this chapter;
(13) 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 of the
board or to an individual designated by the executive director.
Sec. 4713.071. (A) Beginning one year after the effective
date of this section, 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
public and private schools of cosmetology;
(2) The number of students graduating from licensed public
and private schools of cosmetology;
(3) The annual cost for students to attend each licensed
public or private school of cosmetology;
(4) The loan default rates for licensed public and private
schools of cosmetology;
(5) The first-time licensure passage rate for graduates of
all public and private schools;
(6) The total number of new and renewal licenses in each
profession;
(7) The total number of complaint-driven inspections
conducted by the board;
(8) The total number and type of violations, including a list
of the top ten violations, which shall aid in the identification
of focus areas for continuing education purposes;
(9) The top twenty salons and individuals cited for
unlicensed workers;
(10) The number of adjudications or other disciplinary action
taken by the board.
(B) The board shall include in the final report under
division (A) of this section any recommendations it has for
changes to this chapter.
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 an individual 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 individuals 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 an
individual 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 individual would have been
required to complete had the person individual 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 an individual 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 individuals 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 individuals 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 individual to
whom the board issues a practicing license,
managing advanced
license, or license to operate a salon or school of cosmetology,
or boutique services registration. 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. 4713.082. The state board of cosmetology shall furnish a
copy of the standards established by rules adopted under section
4713.08 of the Revised Code for installing and operating a tanning
facility to each person individual to whom the board issues a
permit to operate a tanning facility. A person An individual
provided a copy of the standards shall post the standards in a
public and conspicuous place in the tanning facility.
Sec. 4713.09. The state board of cosmetology may adopt rules
in accordance with Chapter 119. section 4713.08 of the Revised
Code to establish a continuing education requirement, not to
exceed eight hours in a biennial licensing period, as a condition
of renewal for a practicing license,
managing advanced license, or
instructor license, or boutique services registration. These hours
shall include training in identifying and addressing the crime of
trafficking in persons as described in section 2905.32 of the
Revised Code. At least two of the eight hours of the continuing
education requirement must be achieved in courses concerning
safety and sanitation, and at least one hour of the eight hours of
the continuing education requirement must be achieved in courses
concerning law and rule updates.
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 board.
(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. 4713.13. Whenever in the judgment of the state board of
cosmetology any person individual has engaged in or is about to
engage in any acts or practices that constitute a violation of
this chapter, or any rule adopted under this chapter, the board
may apply to the appropriate court for an order enjoining the acts
or practices, and upon a showing by the board that the person
individual has engaged in the acts or practices, the court shall
grant an injunction, restraining order, or other order as may be
appropriate.
Sec. 4713.14. No person individual shall do any of the
following:
(A) Use fraud or deceit in making application for a license
or, permit, or registration;
(B) Aid or abet any person individual or entity in any of the
following:
(1) Violating this chapter or a rule adopted under it;
(2) Obtaining a license or, permit, or registration
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;
(5) A current, valid registration under section 4713.69 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;
(5) A current, valid registration under section 4713.69 of
the Revised Code.
(E) Manage a salon without a current, valid license under
section 4713.30 or 4713.34 of the Revised Code to manage that type
of salon;
(F) Except for apprentice instructors and as provided in
section 4713.45 of the Revised Code, teach the theory or practice
of a branch of cosmetology at a school of cosmetology without
either of the following authorizing the teaching of that branch of
cosmetology:
(1) A current, valid license under section 4713.31 or 4713.34
of the Revised Code;
(2) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code.
(G)(F) 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)(G) 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)(H) 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)(I) Operate a salon without a current, valid license under
section 4713.41 of the Revised Code;
(K)(J) 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)(K) 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)(L) Operate a school of cosmetology without a current,
valid license under section 4713.44 of the Revised Code;
(N)(M) At a salon or school of cosmetology, do either any of
the following:
(1) Use or possess a cosmetic product containing an
ingredient that the United States food and drug administration has
prohibited by regulation;
(2) Use a cosmetic product in a manner inconsistent with a
restriction established by the United States food and drug
administration by regulation;
(3) Use or possess a liquid nail monomer containing any trace
of methyl methacrylate (MMA).
(O)(N) 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)(O) 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)(P) Operate a tanning facility that is offered to the
public for a fee or other compensation without a current, valid
permit under section 4713.48 of the Revised Code;
(Q) Treat a person as an independent contractor for purposes
of federal or state taxes or workers' compensation if the
individual hired, sets the schedule of, or compensates the person
by commission or otherwise;
(R) Practice a branch of cosmetology in a location other than
a licensed facility unless otherwise exempted under section
4713.16 or 4713.17 of the Revised Code;
(S) Use any of the services or arts that are part 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)(M) of section 4713.14 of the Revised Code has
been violated.
Should the results of the test prove that division (M) 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. This chapter does not prohibit any of the
following:
(A) Practicing a branch of cosmetology without a license or
registration 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) 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 or registration;
(C) The retailing, at a salon, of cosmetics, preparations,
tonics, antiseptics, creams, lotions, wigs, hairpieces, clothing,
or any other items that pose no risk of creating unsanitary
conditions at the salon;
(D) The provision of glamour photography services at a
licensed salon if either of the following is the case:
(1) A branch of cosmetology is not practiced as part of the
services.
(2) If a branch of cosmetology is practiced as part of the
services, the part of the services that is a branch of cosmetology
is performed by a person an individual who holds either of the
following authorizing the person individual to practice that
branch of cosmetology:
(a) A current, valid license under section 4713.28, 4713.30,
or 4713.34 of the Revised Code;
(b) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code.
(E) A student engaging, as a student, in work connected with
a branch of cosmetology taught at the school of cosmetology at
which the student is enrolled;
(F) A public school student, who has earned licensure in a
branch of cosmetology, in work connected with the branch of
cosmetology if the services are provided at the licensed school
clinic and are free. This allowance terminates upon the graduation
of the student from the public school.
Sec. 4713.17. (A) The following persons are exempt from the
provisions of this chapter, except, as applicable, section 4713.42
of the Revised Code:
(1) All persons individuals authorized to practice medicine,
surgery, dentistry, and nursing or any of its branches in this
state;
(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.
(B) The director of rehabilitation and correction shall
oversee the services described in division (A)(9) of this section
with respect to sanitation and adopt rules governing those types
of services provided by inmates.
Sec. 4713.20. (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 division (A) of
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. Examinations for licensure
for any branch of cosmetology shall assess the ability of a
prospective cosmetology professional to maintain a safe and
sanitary place of service delivery. The board may develop and
administer the appropriate examination or enter into an agreement
with a national testing service to develop the examination,
administer the examination, or both. 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.
(B) The board shall create an examination for individuals
seeking licensure to become an instructor and shall conduct an
examination for each individual who satisfies the requirements
established pursuant to section 4713.31 of the Revised Code for
admission to the examination. Examinations for licensure as an
instructor shall assess an applicant's ability to educate students
using standards established by the department of education and
approved by the board.
(C) The board shall adopt rules regarding the equipment or
supplies an individual is required to bring to an examination
described in this section.
(D) The board shall not release the questions developed for
the examinations and the practical demonstrations used in the
testing process, except for the following purposes:
(1) Reviewing 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 regraded manually.
Sec. 4713.25. (A) The state board of cosmetology may
administer a separate managing advanced cosmetologist examination
for persons
individuals who complete a managing an advanced
cosmetologist training course separate from a cosmetologist
training course. The board may combine the managing
advanced
cosmetologist examination with the cosmetologist examination for
persons individuals who complete a combined eighteen hundred-hour
cosmetologist and managing advanced cosmetologist training course.
(B) The board may administer a separate managing advanced
esthetician examination for persons individuals who complete a
managing an advanced esthetician training course separate from an
esthetician training course. The board may combine the managing
advanced esthetician examination with the esthetician examination
for persons individuals who complete a combined seven hundred
fifty-hour an esthetician and managing advanced esthetician
training course.
(C) The board may administer a separate managing advanced
hair designer examination for persons individuals who complete a
managing an advanced hair designer training course separate from a
hair designer training course. The board may combine the managing
advanced 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
advanced hair designer training course.
(D) The board may administer a separate managing advanced
manicurist examination for persons individuals who complete a
managing an advanced manicurist training course separate from a
manicurist training course. The board may combine the managing
advanced manicurist examination with the manicurist examination
for
persons individuals who complete a combined three
hundred-hour manicurist and managing advanced manicurist training
course.
(E) The board may administer a separate managing advanced
natural hair stylist examination for persons individuals who
complete a managing an advanced natural hair stylist training
course separate from a natural hair stylist training course. The
board may combine the
managing advanced 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 advanced natural hair stylist 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) 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 the equivalent of an Ohio public school tenth
grade education;
(D)(4) Has submitted a written application on a form
furnished by the board that contains all of the following:
(a) The name of the individual and any other identifying
information required by the board;
(b) A recent photograph of the individual that meets the
specifications established by the board;
(c) A photocopy of the individual's current driver's license
or other proof of legal residence in this state or contiguous
state;
(d) Proof that the individual is qualified to take the
applicable examination as required by section 4713.20 of the
Revised Code;
(e) An oath verifying that the information in the application
is true;
(f) The applicable application fee.
(5) Passes an examination conducted under division (A) of
section 4713.24 of the Revised Code for the branch of cosmetology
the applicant seeks to practice;
(E)(6) Pays to the board the applicable license fee;
(F)(7) 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 an individual licensed as a barber under
Chapter 4709. of the Revised Code;
(G)(8) 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)(9) 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 an individual licensed as a barber under Chapter 4709. of
the Revised Code;
(I)(10) 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)(11) 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;.
(K)(B) 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. 4713.30. The state board of cosmetology shall issue a
managing an advanced license to an applicant who satisfies all of
the following applicable conditions:
(A) Is at least sixteen years of age;
(B) Is of good moral character;
(C) Has the equivalent of an Ohio public school tenth grade
education;
(D) Pays to the board the applicable fee;
(E) Passes the appropriate managing advanced license
examination;
(F) In the case of an applicant for an initial managing
advanced cosmetologist license, does either of the following:
(1) Has a licensed managing advanced cosmetologist or owner
of a licensed beauty salon located in this or another state
certify to the board that the applicant has practiced as a
cosmetologist for at least two thousand hours in a licensed beauty
salon;
(2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
cosmetologist, at least three one hundred hours of board-approved
managing advanced cosmetologist training.
(G) In the case of an applicant for an initial managing
advanced esthetician license, does either of the following:
(1) Has the licensed managing advanced esthetician, licensed
managing
advanced cosmetologist, or owner of a licensed esthetics
salon or licensed beauty salon located in this or another state
certify to the board that the applicant has practiced esthetics
for at least two thousand hours as an esthetician in a licensed
esthetics salon or as a cosmetologist in a licensed beauty salon;
(2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as an
esthetician or cosmetologist, at least one hundred fifty hours of
board-approved managing advanced esthetician training.
(H) In the case of an applicant for an initial managing
advanced hair designer license, does either of the following:
(1) Has the licensed managing advanced hair designer,
licensed
managing advanced cosmetologist, or owner of a licensed
hair design salon or licensed beauty salon located in this or
another state certify to the board that the applicant has
practiced hair design for at least two thousand hours as a hair
designer in a licensed hair design salon or as a cosmetologist in
a licensed beauty salon;
(2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
hair designer or cosmetologist, at least two one hundred forty
hours of board-approved managing advanced hair designer training.
(I) In the case of an applicant for an initial managing
advanced manicurist license, does either of the following:
(1) Has the licensed managing advanced manicurist, licensed
managing
advanced cosmetologist, or owner of a licensed nail
salon, licensed beauty salon, or licensed barber shop located in
this or another state certify to the board that the applicant has
practiced manicuring for at least two thousand hours as a
manicurist in a licensed nail salon or licensed barber shop or as
a cosmetologist in a licensed beauty salon or licensed barber
shop;
(2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
manicurist or cosmetologist, at least one hundred hours of
board-approved managing advanced manicurist training.
(J) In the case of an applicant for an initial managing
advanced natural hair stylist license, does either of the
following:
(1) Has the licensed managing advanced natural hair stylist,
licensed
managing advanced cosmetologist, or owner of a licensed
natural hair style salon or licensed beauty salon located in this
or another state certify to the board that the applicant has
practiced natural hair styling for at least two thousand hours as
a natural hair stylist in a licensed natural hair style salon or
as a cosmetologist in a licensed beauty salon;
(2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as
natural hair stylist or cosmetologist, at least one hundred fifty
hours of board-approved managing advanced natural hair stylist
training.
Sec. 4713.31. The state board of cosmetology shall issue an
instructor license to an applicant who satisfies all of the
following applicable conditions:
(A) Is at least eighteen years of age;
(B) Is of good moral character;
(C) Has the equivalent of an Ohio public school twelfth grade
education;
(D) Pays to the board the applicable fee;
(E) In the case of an applicant for an initial cosmetology
instructor license, holds a current, valid managing advanced
cosmetologist license issued in this state and does either of the
following:
(1) Has the licensed managing advanced cosmetologist or owner
of the licensed beauty salon in which the applicant has been
employed certify to the board that the applicant has engaged in
the practice of cosmetology in a licensed beauty salon for at
least two thousand hours;
(2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
one thousand hours of board-approved cosmetology instructor
training as an apprentice instructor.
(F) In the case of an applicant for an initial esthetics
instructor license, holds a current, valid managing advanced
esthetician or
managing advanced cosmetologist license issued in
this state and does either of the following:
(1) Has the licensed managing advanced esthetician, licensed
managing
advanced cosmetologist, or owner of the licensed
esthetics salon or licensed beauty salon in which the applicant
has been employed certify to the board that the applicant has
engaged in the practice of esthetics in a licensed esthetics salon
or practice of cosmetology in a licensed beauty salon for at least
two thousand hours;
(2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least five hundred hours of board-approved esthetics instructor
training as an apprentice instructor.
(G) In the case of an applicant for an initial hair design
instructor license, holds a current, valid managing advanced hair
designer or managing advanced cosmetologist license and does
either of the following:
(1) Has the licensed managing advanced hair designer,
licensed
managing advanced cosmetologist, or owner of the licensed
hair design salon or licensed beauty salon in which the applicant
has been employed certify to the board that the applicant has
engaged in the practice of hair design in a licensed hair design
salon or practice of cosmetology in a licensed beauty salon for at
least two thousand hours;
(2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least eight hundred hours of board-approved hair design
instructor's training as an apprentice instructor.
(H) In the case of an applicant for an initial manicurist
instructor license, holds a current, valid managing advanced
manicurist or
managing advanced cosmetologist license and does
either of the following:
(1) Has the licensed managing advanced manicurist, licensed
managing
advanced cosmetologist, or owner of the licensed nail
salon or licensed beauty salon in which the applicant has been
employed certify to the board that the applicant has engaged in
the practice of manicuring in a licensed nail salon or practice of
cosmetology in a licensed beauty salon for at least two thousand
hours;
(2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least three hundred hours of board-approved manicurist
instructor training as an apprentice instructor.
(I) In the case of an applicant for an initial natural hair
style instructor license, holds a current, valid managing advanced
natural hair stylist or managing advanced cosmetologist license
and does either of the following:
(1) Has the licensed managing advanced natural hair stylist,
licensed
managing advanced cosmetologist, or owner of the licensed
natural hair style salon or licensed beauty salon in which the
applicant has been employed certify to the board that the
applicant has engaged in the practice of natural hair styling in a
licensed natural hair style salon or practice of cosmetology in a
licensed beauty salon for at least two thousand hours;
(2) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least four hundred hours of board-approved natural hair style
instructor training as an apprentice instructor.
(J) In the case of all applicants, has a school of
cosmetology in this state certify to the board that the applicant
has successfully completed courses in educating students using
standards established by the department of education and approved
by the board.
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) In the case of an applicant for a practicing license or
managing license, passes an examination conducted under section
4713.24 of the Revised Code for the license the applicant seeks,
unless the applicant satisfies conditions specified in rules
adopted under section 4713.08 of the Revised Code for the board to
issue the applicant a license without taking the examination;
(4) Pays the applicable fee.
(B) At the time the applicant obtained the license or
registration in the other state or country, the requirements in
this state for obtaining the license the applicant seeks were
substantially equal to the other state or country's requirements.
(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 (A)(1) An individual who holds a
current, valid cosmetologist or advanced 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 in a licensed facility.
A person (2) An individual who holds a current, valid
esthetician or advanced esthetician license issued by the board
may engage in the practice of esthetics but no other branch of
cosmetology in a licensed facility.
A person (3) An individual who holds a current, valid hair
designer or advanced hair designer license issued by the board may
engage in the practice of hair design but no other branch of
cosmetology in a licensed facility.
A person (4) An individual who holds a current, valid
manicurist or advanced manicurist license issued by the board may
engage in the practice of manicuring but no other branch of
cosmetology in a licensed facility.
A person (5) An individual who holds a current, valid natural
hair stylist
or advanced natural hairstylist license issued by the
board may engage in the practice of natural hair styling but no
other branch of cosmetology in a licensed facility.
A person who holds a current, valid managing cosmetologist
license issued by the board may manage all types of salons and
engage in the practice of one or more branches of cosmetology as
the person chooses.
A person who holds a current, valid managing esthetician
license issued by the board may manage an esthetics salon, but no
other type of salon, and engage in the practice of esthetics, but
no other branch of cosmetology.
A person who holds a current, valid managing hair designer
license issued by the board may manage a hair design salon, but no
other type of salon, and engage in the practice of hair design,
but no other branch of cosmetology.
A person who holds a current, valid managing manicurist
license issued by the board may manage a nail salon, but no other
type of salon, and engage in the practice of manicuring, but no
other branch of cosmetology.
A person who holds a current, valid managing natural hair
stylist license issued by the board may manage a natural hair
style salon, but no other type of salon, and engage in the
practice of natural hair styling, but no other branch of
cosmetology.
A person (6) 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 (7) An individual who holds a current, valid
esthetics instructor license issued by the board may teach the
theory and practice of esthetics, but no other branch of
cosmetology, at a school of cosmetology.
A person (8) An individual who holds a current, valid hair
design instructor license issued by the board may teach the theory
and practice of hair design, but no other branch of cosmetology,
at a school of cosmetology.
A person (9) 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 (10) An individual who holds a current, valid
natural hair style instructor license issued by the board may
teach the theory and practice of natural hair styling, but no
other branch of cosmetology, at a school of cosmetology.
(11) An individual who holds a current, valid boutique
registration with the board may engage in the practice of boutique
services but no other branch of cosmetology.
(B) All newly licensed individuals with no related work
history under this chapter shall complete a six-month
apprenticeship in a salon prior to practicing without supervision
in a salon. This division does not apply to independent
contractors or instructors.
Sec. 4713.36. A licensed manicurist or licensed managing
advanced manicurist may engage in the practice of manicuring at a
nail salon or beauty salon licensed under section 4713.41 of the
Revised Code or a barber shop licensed under Chapter 4709. of the
Revised Code.
Sec. 4713.37. (A) The state board of cosmetology may issue a
temporary special occasion work permit to a person 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. The state board of cosmetology shall issue a
license to engage in the practice of a branch of cosmetology as an
independent contractor to an applicant who pays the applicable
fee; holds a current, valid advanced license to manage for the
type of salon in which the applicant will practice that branch of
cosmetology; and satisfies the conditions for the license
established by rules adopted under section 4713.08 of the Revised
Code.
Sec. 4713.41. 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 An individual holding a current, valid
managing cosmetologist license or license to manage that type of
salon has charge of and immediate supervision over pertaining to
the branch of cosmetology services performed at the salon, shall
be present at the salon at all times when the salon is open for
business except as permitted under division (A)(2) of this
section.
(2) A business establishment that is engaged primarily in
retail sales but is also licensed as a salon shall have a person
present 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) The salon is equipped to do all of the following:
(1) Provide potable running hot and cold water and proper
drainage;
(2) Sanitize all instruments and supplies used in the branch
of cosmetology provided at the salon;
(3) If cosmetic therapy, massage therapy, or other
professional service is provided at the salon under section
4713.42 of the Revised Code, sanitize all instruments and supplies
used in the cosmetic therapy, massage therapy, or other
professional service.
(C) 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) The salon is kept in a clean and sanitary condition and
properly ventilated.
(E) No food is sold at the salon in a manner inconsistent
with rules adopted under section 4713.08 of the Revised Code.
(F) A notice that contains a toll-free number and online
process for reporting alleged violations of this chapter, as
prescribed by the board of cosmetology, is posted at the salon in
a common area for all customers of salon services.
(G) All newly licensed individuals with no related work
history under this chapter shall be required by the operator to
complete a six-month apprenticeship in the salon prior to
practicing without supervision in the salon. This division does
not apply to independent contractors or instructors.
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) 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 an 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 individual, firm, or corporation operating
the school of cosmetology as principal and by a surety company as
surety in the amount of ten thousand dollars; provided, that this
requirement does not apply to a vocational or career-technical
school 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 or a private person 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 teaches at the school;
(3) A person An individual also employed by a university or
college to teach the subject the person teaches at the school.
(C) A school of cosmetology shall annually review the
subjects and coursework required to receive an initial cosmetology
license and advanced license and, in doing so, shall incorporate
standards adopted by the state board of cosmetology pursuant to
division (A)(13) of section 4713.08 of the Revised Code.
Sec. 4713.48. (A) The state board of cosmetology shall issue
a permit to operate a tanning facility to an applicant if
all both
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 An individual shall obtain a separate permit for
each of the premises owned or operated by that person individual
at which the person individual 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 of the board, 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
advanced license that the board issues the type of salon that in
which the license entitles the holder to manage work 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, or
boutique services registration issued by the state board of
cosmetology shall
display maintain the license in a public and
conspicuous place in the place of employment of the holder and a
state of Ohio issued photo identification that can be produced
upon inspection or request.
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 maintain 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 and a state of Ohio issued photo identification that
can be produced upon inspection or request.
Sec. 4713.57. A license or registration issued by the state
board of cosmetology is valid until the last day of January of the
odd-numbered year for at least two years following its original
issuance or renewal, unless the license is revoked or suspended
prior to that date.
Renewal Beginning January 1, 2015, renewal
shall be done completed on the licensee's first birthdate that
occurs on or after two years from the issuance or prior renewal of
the license in accordance with the standard renewal procedure of
Chapter 4745. of the Revised Code. The board may refuse to renew a
license if the person individual holding the license has an
outstanding unpaid fine levied under section 4713.64 of the
Revised Code.
Sec. 4713.58. (A) Except as provided in division (B) of this
section, on payment of the renewal fee and submission of proof
satisfactory to the state board of cosmetology that any applicable
continuing education requirements have been completed,
a person an
individual currently licensed as:
(1) A cosmetology instructor who has previously been licensed
as a cosmetologist or a managing an advanced cosmetologist, is
entitled to the reissuance of a cosmetologist or managing
advanced
cosmetologist license;
(2) An esthetics instructor who has previously been licensed
as an esthetician or a managing an advanced esthetician, is
entitled to the reissuance of an esthetician or managing advanced
esthetician license;
(3) A hair design instructor who has previously been licensed
as a hair designer or a managing an advanced hair designer, is
entitled to the reissuance of a hair designer or managing advanced
hair designer license;
(4) A manicurist instructor who has previously been licensed
as a manicurist or a managing an advanced manicurist, is entitled
to the reissuance of a manicurist or managing advanced manicurist
license;
(5) A natural hair style instructor who has previously been
licensed as a natural hair stylist or a managing an advanced
natural hair stylist, is entitled to the reissuance of a natural
hair stylist or managing advanced natural hair stylist 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. 4713.59. If the state board of cosmetology adopts rules
under section 4713.09 of the Revised Code to establish a
continuing education requirement as a condition of renewal for a
practicing license, managing advanced license, or instructor
license, the board shall inform each affected licensee of the
continuing education requirement that applies to the next biennial
licensing period by including a notification in the license
renewal application form it sends the licensee. The notification
shall state that the licensee must complete the continuing
education requirement by the last day of January of the next
odd-numbered year.
Hours completed in excess of the continuing education
requirement may not be applied to the next biennial licensing
period.
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 advanced license, or
instructor license, or boutique services registration 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 or registration
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 or
registrant 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 or registrant
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:
(2) An unusual or prolonged illness;
(3) Active duty service in any branch of the armed forces of
the United States or a reserve component of the armed forces of
the United States, including the Ohio national guard or the
national guard of any other state.
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 or registration
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 or
registration that 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.
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 advanced 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 advanced license, or instructor license, or
boutique services registration 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 or registrants;
(c) Educate the affected licensees or registrants 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
and registrants throughout the state.
Sec. 4713.63. A practicing license,
managing advanced
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. An expired 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;
(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 advanced
license that has been expired 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 safety and sanitation
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 pay a fine or abide by a suspension order
issued by the board;
(7) Failure to cooperate with an investigation or inspection;
(8) Failure to respond to a subpoena;
(9) Conviction of or plea of guilty to a violation of section
2905.32 of the Revised Code;
(10) In the case of a salon, any person's conviction of or
plea of guilty to a violation of section 2905.32 of the Revised
Code for an activity that took place on the premises of the salon.
(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 or
registration issued by the board;
(3) Require the holder of a license or, permit or
registration to take corrective action courses.
(C)(1) Except as provided in divisions (C)(2) and (3) of this
section, the board shall take disciplinary action pursuant to an
adjudication under Chapter 119. of the Revised Code.
(2) The board may take disciplinary action without conducting
an adjudication under Chapter 119. of the Revised Code against an
individual or salon who violates division (A)(9) or (10) of this
section. After the board takes such disciplinary action, the board
shall give written notice to the subject of the disciplinary
action of the right to request a hearing under Chapter 119. of the
Revised Code.
(3) In lieu of an adjudication, the board may enter into a
consent agreement with the holder of a license, permit, or
registration. A consent agreement that is ratified by a majority
vote of a quorum of the board members is considered to constitute
the findings and orders of the board with respect to the matter
addressed in the agreement. If the board does not ratify a consent
agreement, the admissions and findings contained in the agreement
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
the first fine issued for a violation as the result of an
inspection shall be not more than five two hundred fifty dollars
if the violator has not previously been fined for that offense.
Any fines issued for additional violations during such an
inspection shall not be more than one hundred dollars for each
additional violation. The fine shall be not more than one thousand
five hundred dollars if the violator has been fined for the same
offense once before. Any fines issued for additional violations
during a second inspection shall not be more than two hundred
dollars for each additional violation. 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. Any fines
issued for additional violations during a third inspection shall
not be more than three hundred dollars for each additional
violation.
(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
shall be less than forty-five days after the board issues the
order.
(3) At the request of a violator who is temporarily unable to
pay a fine, or upon its own motion, the board may extend the time
period within which the violator shall pay the fine up to ninety
days after the date the board issues the order.
(4) If a violator fails to pay a fine by the date specified
in the board's order and does not request an extension within ten
days after the date the board issues the order, or if the violator
fails to pay the fine within the extended time period as described
in division (E)(3) of this section, 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 within ninety days
after the board issues the 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.
(E)(F) The board shall notify a licensee or registrant who is
in violation of division (A) of this section and the owner of the
salon in which the conditions constituting the violation were
found. The individual receiving the notice of violation and the
owner of the salon may request a hearing pursuant to section
119.07 of the Revised Code. If a person the individual or owner
fails to request a hearing within or enter into a consent
agreement thirty days
of
after the date the board, in accordance
with section 119.07 of the Revised Code and division (I) of this
section, notifies the person
individual and owner of the board's
intent to act against the
person individual or owner 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
individual or owner 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, permit, or registration if the
owner or operator licensee, permit holder, or registrant fails to
correct an unsafe condition that exists in violation of the
board's rules or fails to cooperate in an inspection of the
tanning facility. If a violation 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 individual using the
tanning facility, the
inspector may suspend the license or permit
of the facility or
the individual responsible for the violation without a prior
hearing 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, permit, or registration.
(H) The board shall not take disciplinary action against an
individual licensed to operate a salon or school of cosmetology
for a violation of this chapter that was committed by an
individual licensed to practice a branch of cosmetology, while
practicing within the salon or school, when the individual's
actions were beyond the control of the salon owner or school.
(I) 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, provided that the electronic mail delivery system certifies
that a notice has been received.
Sec. 4713.641. Any student or former student of a school of
cosmetology licensed under division (A) of section 4713.44 of the
Revised Code may file a complaint with the state board of
cosmetology alleging that the school has violated division (A) of
section 4713.64 of the Revised Code. The complaint shall be in
writing and signed by the person individual bringing the
complaint. Upon receiving a complaint, the board shall initiate a
preliminary investigation to determine whether it is probable that
a violation was committed. If the board determines after
preliminary investigation that it is not probable that a violation
was committed, the board shall notify the person individual who
filed the complaint of the board's findings and that the board
will not issue a formal complaint in the matter. If the board
determines after a preliminary investigation that it is probable
that a violation was committed, the board shall proceed against
the school pursuant to the board's authority under section 4713.64
of the Revised Code and in accordance with the hearing and notice
requirements prescribed in Chapter 119. of the Revised Code.
Sec. 4713.66. (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 an individual or entity who
is alleged to have violated this chapter or rules adopted under
it, regardless of whether the individual or entity holds a license
or registration issued under this chapter.
(B) If, based on its investigation, the board determines that
there is reasonable cause to believe that an individual or entity
has violated this chapter or rules adopted under it, the board
shall afford the individual or entity 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.
Sec. 4713.69. (A) The state board of cosmetology shall issue
a boutique services registration to an applicant who satisfies all
of the following applicable conditions:
(1) Is at least sixteen years of age;
(2) Is of good moral character;
(3) Has the equivalent of an Ohio public school tenth grade
education;
(4) Has submitted a written application on a form prescribed
by the board containing all of the following;
(a) The applicant's name and home address;
(b) The applicant's home telephone number and cellular
telephone number, if any;
(c) The applicant's electronic mail address, if any;
(d) The applicant's date of birth;
(e) The address and telephone number where boutique services
will be performed. The address shall not contain a post office box
number.
(f) Whether the applicant has an occupational license,
certification, or registration to provide beauty services in
another state, and if so, what type of license and in what state;
(g) Whether the applicant has ever had an occupational
license, certification, or registration suspended, revoked, or
denied in any state;
(h) An affidavit providing proof of formal training or
apprenticeship under an individual providing such services.
(5) Pays the application fee specified by the board.
(B) The place of business where boutique services are
performed must comply with the safety and sanitation requirements
for licensed salon facilities as described in section 4713.41 of
the Revised Code.
(C) Within six months of the effective date of this section,
the board shall specify the manner by which boutique services
registrants shall fulfill the continuing education requirements
set forth in section 4713.09 of the Revised Code.
Sec. 4713.99. Whoever violates section 4713.14 of the
Revised Code is guilty of a misdemeanor of the fourth degree on a
first offense; on each subsequent offense, such person individual
is guilty of a misdemeanor of the third degree.
Section 2. That existing sections 2925.01, 4713.01, 4713.02,
4713.03, 4713.06, 4713.07, 4713.08, 4713.081, 4713.082, 4713.09,
4713.10, 4713.13, 4713.14, 4713.141, 4713.16, 4713.17, 4713.20,
4713.21, 4713.22, 4713.24, 4713.25, 4713.26, 4713.28, 4713.30,
4713.31, 4713.34, 4713.35, 4713.36, 4713.37, 4713.39, 4713.41,
4713.42, 4713.44, 4713.45, 4713.48, 4713.55, 4713.56, 4713.57,
4713.58, 4713.59, 4713.60, 4713.61, 4713.62, 4713.63, 4713.64,
4713.641, and 4713.99 of the Revised Code are hereby repealed.
Section 3. (A) There is hereby created the Efficient
Regulation of Beauty Services Commission, to be comprised of six
members. The Governor shall appoint two individuals who currently
serve as members of the State Board of Cosmetology and one
individual who currently serves as a member of the State Barber
Board. The other members shall be the executive director of the
State Board of Cosmetology, the executive director of the State
Barber Board, and one representative from the Governor's office,
who shall serve as chairperson of the Commission.
(B) The Commission shall do all of the following:
(1) Conduct meetings and hearings at the call of the
chairperson;
(2) Engage in research and other activities that the
Commission considers necessary or appropriate;
(3) Study the viability of consolidating tasks and duties
currently undertaken by the Board of Cosmetology and the Barber
Board, including registration of and testing for licensees and
inspection of regulated facilities and individuals;
(4) Propose, as the Commission considers necessary,
legislation or changes in rules for the efficient conduct of
regulation cosmetologists and barbers;
(5) Prepare a report of its findings. The State Board of
Cosmetology shall provide clerical services for the preparation of
the report.
(C) A copy of the report of findings described in division
(B)(5) of this section shall be delivered to the Governor, Speaker
of the House of Representatives, Minority Leader of the House of
Representatives, President of the Senate, and Minority Leader of
the Senate by December 31, 2014, at which point the Commission
shall cease to exist.
(D) In undertaking its duties, the Commission shall solicit
input from all interested parties who may be adversely impacted by
current law as well as those who may be adversely impacted by
proposed changes to the law.
(E) The Commission members shall serve without compensation
but shall be reimbursed for their actual and necessary expenses
incurred in the performance of their duties.
Section 4. (A) Not more than ninety days after the effective
date of this act, the State Board of Cosmetology shall issue an
advanced license to all individuals holding a valid managing
license for the level of licensure attained by the individual
prior to the effective date of this act.
(B) All licenses issued under Chapter 4713. of the Revised
Code that are classified inactive as of the effective date of this
act shall be deemed to be in escrow in accordance with section
4713.61 of the Revised Code, as amended by this act.
Section 5. On or before December 31, 2014, the Governor
shall appoint the member of the State Board of Cosmetology who
holds a tanning license as described in division (A)(9) of section
4713.02 of the Revised Code. The initial term of office shall be
from the date of appointment until October 31, 2019.
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