Bill Text: OH HB173 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: Regarding the regulation of chemical tanning applications and the use of tanning services by individuals under 18 years of age.

Spectrum: Slight Partisan Bill (Democrat 10-6)

Status: (Introduced - Dead) 2009-05-06 - To Consumer Affairs & Economic Protection [HB173 Detail]

Download: Ohio-2009-HB173-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 173

Representatives Fende, Combs 

Cosponsors: Representatives Evans, Murray, Letson, Chandler, Hagan, Ujvagi, Domenick, Bubp, Garland, Harwood, Uecker, Brown, Lehner, DeBose 

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A BILL

To amend sections 4713.01 and 4713.08 and to enact

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section 4713.50 of the Revised Code regarding the

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regulation of chemical tanning applications and

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the use of tanning services by individuals under

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18 years of age.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4713.01 and 4713.08 be amended and	6
section 4713.50 of the Revised Code be enacted to read as	7
follows:	8

Sec. 4713.01.  As used in this chapter:

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"Apprentice instructor" means a person holding a practicing	10
license issued by the state board of cosmetology who is engaged in	11
learning or acquiring knowledge of the occupation of an instructor	12
of a branch of cosmetology at a school of cosmetology.	13

"Beauty salon" means any premises, building, or part of a	14
building in which a person is authorized to engage in all branches	15
of cosmetology. "Beauty salon" does not include a barber shop	16
licensed under Chapter 4709. of the Revised Code in which a person	17
engages in the practice of manicuring.	18

"Biennial licensing period" means the two-year period	19
beginning on the first day of February of an odd-numbered year and	20
ending on the last day of January of the next odd-numbered year.	21

"Braiding" means intertwining the hair in a systematic motion	22
to create patterns in a three-dimensional form, inverting the hair	23
against the scalp along part of a straight or curved row of	24
intertwined hair, or twisting the hair in a systematic motion, and	25
includes extending the hair with natural or synthetic hair fibers.	26

"Branch of cosmetology" means the practice of cosmetology,	27
practice of esthetics, practice of hair design, practice of	28
manicuring, or practice of natural hair styling.	29

"Cosmetic therapy" has the same meaning as in section 4731.15	30
of the Revised Code.	31

"Cosmetologist" means a person authorized to engage in all	32
branches of cosmetology.	33

"Cosmetology instructor" means a person authorized to teach	34
the theory and practice of all branches of cosmetology at a school	35
of cosmetology.	36

"Esthetician" means a person who engages in the practice of	37
esthetics but no other branch of cosmetology.	38

"Esthetics instructor" means a person who teaches the theory	39
and practice of esthetics, but no other branch of cosmetology, at	40
a school of cosmetology.	41

"Esthetics salon" means any premises, building, or part of a	42
building in which a person engages in the practice of esthetics	43
but no other branch of cosmetology.	44

"Hair designer" means a person who engages in the practice of	45
hair design but no other branch of cosmetology.	46

"Hair design instructor" means a person who teaches the	47
theory and practice of hair design, but no other branch of	48
cosmetology, at a school of cosmetology.	49

"Hair design salon" means any premises, building, or part of	50
a building in which a person engages in the practice of hair	51
design but no other branch of cosmetology.	52

"Independent contractor license" means a license to practice	53
a branch of cosmetology at a salon in which the license holder	54
rents booth space.	55

"Instructor license" means a license to teach the theory and	56
practice of a branch of cosmetology at a school of cosmetology.	57

"Managing cosmetologist" means a person authorized to manage	58
a beauty salon and engage in all branches of cosmetology.	59

"Managing esthetician" means a person authorized to manage an	60
esthetics salon, but no other type of salon, and engage in the	61
practice of esthetics, but no other branch of cosmetology.	62

"Managing hair designer" means a person authorized to manage	63
a hair design salon, but no other type of salon, and engage in the	64
practice of hair design, but no other branch of cosmetology.	65

"Managing license" means a license to manage a salon and	66
practice the branch of cosmetology practiced at the salon.	67

"Managing manicurist" means a person authorized to manage a	68
nail salon, but no other type of salon, and engage in the practice	69
of manicuring, but no other branch of cosmetology.	70

"Managing natural hair stylist" means a person authorized to	71
manage a natural hair style salon, but no other type of salon, and	72
engage in the practice of natural hair styling, but no other	73
branch of cosmetology.	74

"Manicurist" means a person who engages in the practice of	75
manicuring but no other branch of cosmetology.	76

"Manicurist instructor" means a person who teaches the theory	77
and practice of manicuring, but no other branch of cosmetology, at	78
a school of cosmetology.	79

"Nail salon" means any premises, building, or part of a	80
building in which a person engages in the practice of manicuring	81
but no other branch of cosmetology. "Nail salon" does not include	82
a barber shop licensed under Chapter 4709. of the Revised Code in	83
which a person engages in the practice of manicuring.	84

"Natural hair stylist" means a person who engages in the	85
practice of natural hair styling but no other branch of	86
cosmetology.	87

"Natural hair style instructor" means a person who teaches	88
the theory and practice of natural hair styling, but no other	89
branch of cosmetology, at a school of cosmetology.	90

"Natural hair style salon" means any premises, building, or	91
part of a building in which a person engages in the practice of	92
natural hair styling but no other branch of cosmetology.	93

"Practice of cosmetology" means the practice of all branches	94
of cosmetology.	95

"Practice of esthetics" means the application of cosmetics,	96
tonics, antiseptics, creams, lotions, or other preparations for	97
the purpose of skin beautification and includes preparation of the	98
skin by manual massage techniques or by use of electrical,	99
mechanical, or other apparatus.	100

"Practice of hair design" means embellishing or beautifying	101
hair, wigs, or hairpieces by arranging, dressing, pressing,	102
curling, waving, permanent waving, cleansing, cutting, singeing,	103
bleaching, coloring, braiding, weaving, or similar work. "Practice	104
of hair design" includes utilizing techniques performed by hand	105
that result in tension on hair roots such as twisting, wrapping,	106
weaving, extending, locking, or braiding of the hair.	107

"Practice of manicuring" means manicuring the nails of any	108
person, applying artificial or sculptured nails to any person,	109
massaging the hands and lower arms up to the elbow of any person,	110
massaging the feet and lower legs up to the knee of any person, or	111
any combination of these four types of services.	112

"Practice of natural hair styling" means utilizing techniques	113
performed by hand that result in tension on hair roots such as	114
twisting, wrapping, weaving, extending, locking, or braiding of	115
the hair. "Practice of natural hair styling" does not include the	116
application of dyes, reactive chemicals, or other preparations to	117
alter the color or to straighten, curl, or alter the structure of	118
the hair. "Practice of natural hair styling" also does not include	119
embellishing or beautifying hair by cutting or singeing, except as	120
needed to finish off the end of a braid, or by dressing, pressing,	121
curling, waving, permanent waving, or similar work.	122

"Practicing license" means a license to practice a branch of	123
cosmetology.	124

"Salon" means a beauty salon, esthetics salon, hair design	125
salon, nail salon, or natural hair style salon.	126

"School of cosmetology" means any premises, building, or part	127
of a building in which students are instructed in the theories and	128
practices of one or more branches of cosmetology.	129

"Student" means a person, other than an apprentice	130
instructor, who is engaged in learning or acquiring knowledge of	131
the practice of a branch of cosmetology at a school of	132
cosmetology.	133

"Tanning facility" means a room or booth that houses	134
equipment or beds used for tanning human skin by the use of	135
fluorescent sun lamps using ultraviolet or other artificial	136
radiation or by the use of chemicals applied to the skin,	137
including chemical applications commonly referred to as spray-on,	138
mist-on or sunless tans.	139

Sec. 4713.08. (A) The state board of cosmetology shall adopt	140
rules in accordance with Chapter 119. of the Revised Code as	141
necessary to implement this chapter. The rules shall do all of the	142
following:	143

(1) Govern the practice of the branches of cosmetology and	144
management of salons;	145

(2) Specify conditions a person must satisfy to qualify for a	146
temporary pre-examination work permit under section 4713.22 of the	147
Revised Code and the conditions and method of renewing a temporary	148
pre-examination work permit under that section;	149

(3) Provide for the conduct of examinations under section	150
4713.24 of the Revised Code;	151

(4) Specify conditions under which the board will take into	152
account, under section 4713.32 of the Revised Code, instruction an	153
applicant for a license under section 4713.28, 4713.30, or 4713.31	154
of the Revised Code received more than five years before the date	155
of application for the license;	156

(5) Provide for the granting of waivers under section	157
4713.29 of the Revised Code;	158

(6) Specify conditions an applicant must satisfy for the	159
board to issue the applicant a license under section 4713.34 of	160
the Revised Code without the applicant taking an examination	161
conducted under section 4713.24 of the Revised Code;	162

(7) Specify locations in which glamour photography services	163
in which a branch of cosmetology is practiced may be provided;	164

(8) Establish conditions and the fee for a temporary special	165
occasion work permit under section 4713.37 of the Revised Code and	166
specify the amount of time such a permit is valid;	167

(9) Specify conditions an applicant must satisfy for the	168
board to issue the applicant an independent contractor license	169
under section 4713.39 of the Revised Code and the fee for issuance	170
and renewal of the license;	171

(10) Establish conditions under which food may be sold at a	172
salon;	173

(11) Specify which professions regulated by a professional	174
regulatory board of this state may be practiced in a salon under	175
section 4713.42 of the Revised Code;	176

(12) Establish standards for the provision of cosmetic	177
therapy, massage therapy, or other professional service in a salon	178
pursuant to section 4713.42 of the Revised Code;	179

(13) Establish standards for board approval of, and the	180
granting of credits for, training in branches of cosmetology at	181
schools of cosmetology licensed in this state;	182

(14) Establish sanitary standards for the practice of the	183
branches of cosmetology, salons, and schools of cosmetology;	184

(15) Establish the application process for obtaining a	185
tanning facility permit under section 4713.48 of the Revised Code,	186
including the amount of the fee for an initial or renewed permit;	187

(16) Establish standards for installing and operating a	188
tanning facility in a manner that ensures the health and safety of	189
consumers, including standards that do all of the following:	190

(a) Establish a maximum safe time of exposure to radiation	191
and a maximum safe temperature at which sun lamps may be operated;	192

(b) Require consumers to wear protective eyeglasses and be	193
supervised as to the length of time consumers use the facility;	194

(c) Require the operator to prohibit consumers from standing	195
too close to sun lamps and to post signs warning consumers of the	196
potential effects of radiation on persons taking certain	197
medications and of the possible relationship of the radiation to	198
skin cancer;	199

(d) Require the installation of protective shielding for sun	200
lamps and handrails for consumers;	201

(e) Require floors to be dry during operation of lamps;

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(f) Require a consumer who is under the age of eighteen to	203
obtain written consent from the consumer's parent or legal	204
guardian prior to receiving tanning services.	205

(17)(a) If the board, under section 4713.61 of the Revised	206
Code, develops a procedure for classifying licenses inactive, do	207
both of the following:	208

(i) Establish a fee for having a license classified inactive	209
that reflects the cost to the board of providing the inactive	210
license service;	211

(ii) Specify the continuing education that a person whose	212
license has been classified inactive must complete to have the	213
license restored. The continuing education shall be sufficient to	214
ensure the minimum competency in the use or administration of a	215
new procedure or product required by a licensee necessary to	216
protect public health and safety. The requirement shall not exceed	217
the cumulative number of hours of continuing education that the	218
person would have been required to complete had the person	219
retained an active license.	220

(b) In addition, the board may specify the conditions and	221
method for granting a temporary work permit to practice a branch	222
of cosmetology to a person whose license has been classified	223
inactive.	224

(18) Establish a fee for approval of a continuing education	225
program under section 4713.62 of the Revised Code that is adequate	226
to cover any expense the board incurs in the approval process;	227

(19) Anything else necessary to implement this chapter.

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(B)(1) The rules adopted under division (A)(2) of this	229
section may establish additional conditions for a temporary	230
pre-examination work permit under section 4713.22 of the Revised	231
Code that are applicable to persons who practice a branch of	232
cosmetology in another state or country.	233

(2) The rules adopted under division (A)(17)(b) of this	234
section may establish additional conditions for a temporary work	235
permit that are applicable to persons who practice a branch of	236
cosmetology in another state.	237

(C) The conditions specified in rules adopted under division	238
(A)(6) of this section may include that an applicant is applying	239
for a license to practice a branch of cosmetology for which the	240
board determines an examination is unnecessary.	241

(D) The rules adopted under division (A)(11) of this section	242
shall not include a profession if practice of the profession in a	243
salon is a violation of a statute or rule governing the	244
profession.	245

(E) The sanitary standards established under division (A)(14)	246
of this section shall focus in particular on precautions to be	247
employed to prevent infectious or contagious diseases being	248
created or spread. The board shall consult with the Ohio	249
department of health when establishing the sanitary standards.	250

(F) The fee established by rules adopted under division	251
(A)(15) of this section shall cover the cost the board incurs in	252
inspecting tanning facilities and enforcing the board's rules but	253
may not exceed one hundred dollars per location of such	254
facilities.	255

Sec. 4713.50. An operator or employee of a tanning facility	256
shall not allow an individual who is under eighteen years of age	257
to use the tanning services of the facility unless the individual	258
presents a prescription for receiving ultraviolet radiation	259
treatments written by a physician authorized under Chapter 4731.	260
of the Revised Code to practice medicine and surgery or	261
osteopathic medicine and surgery.	262

Section 2. That existing sections 4713.01 and 4713.08 of the	263
Revised Code are hereby repealed.	264