Bill Text: OH SB333 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To make changes to the Cosmetology Licensing Law.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2014-04-30 - To Commerce & Labor [SB333 Detail]

Download: Ohio-2013-SB333-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 333

Senators Jordan, Smith 

Cosponsors: Senators Tavares, Beagle, Brown, Kearney 

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A BILL

To amend sections 2925.01, 4713.01, 4713.02, 4713.03,

1

4713.06, 4713.07, 4713.08, 4713.081, 4713.082,

2

4713.09, 4713.10, 4713.13, 4713.14, 4713.141,

3

4713.16, 4713.17, 4713.20, 4713.21, 4713.22,

4

4713.24, 4713.25, 4713.26, 4713.28, 4713.30,

5

4713.31, 4713.34, 4713.35, 4713.36, 4713.37,

6

4713.39, 4713.41, 4713.42, 4713.44, 4713.45,

7

4713.48, 4713.55, 4713.56, 4713.57, 4713.58,

8

4713.59, 4713.60, 4713.61, 4713.62, 4713.63,

9

4713.64, 4713.641, and 4713.99 and to enact

10

sections 4713.071, 4713.66, and 4713.69 of the

11

Revised Code to make changes to the Cosmetology

12

Licensing Law.

13

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

Section 1. That sections 2925.01, 4713.01, 4713.02, 4713.03,	14
4713.06, 4713.07, 4713.08, 4713.081, 4713.082, 4713.09, 4713.10,	15
4713.13, 4713.14, 4713.141, 4713.16, 4713.17, 4713.20, 4713.21,	16
4713.22, 4713.24, 4713.25, 4713.26, 4713.28, 4713.30, 4713.31,	17
4713.34, 4713.35, 4713.36, 4713.37, 4713.39, 4713.41, 4713.42,	18
4713.44, 4713.45, 4713.48, 4713.55, 4713.56, 4713.57, 4713.58,	19
4713.59, 4713.60, 4713.61, 4713.62, 4713.63, 4713.64, 4713.641,	20
and 4713.99 be amended and sections 4713.071, 4713.66, and 4713.69	21
of the Revised Code be enacted to read as follows:	22

Sec. 2925.01.  As used in this chapter:

23

(A) "Administer," "controlled substance," "controlled	24
substance analog," "dispense," "distribute," "hypodermic,"	25
"manufacturer," "official written order," "person," "pharmacist,"	26
"pharmacy," "sale," "schedule I," "schedule II," "schedule III,"	27
"schedule IV," "schedule V," and "wholesaler" have the same	28
meanings as in section 3719.01 of the Revised Code.	29

(B) "Drug dependent person" and "drug of abuse" have the same	30
meanings as in section 3719.011 of the Revised Code.	31

(C) "Drug," "dangerous drug," "licensed health professional	32
authorized to prescribe drugs," and "prescription" have the same	33
meanings as in section 4729.01 of the Revised Code.	34

(D) "Bulk amount" of a controlled substance means any of the	35
following:	36

(1) For any compound, mixture, preparation, or substance	37
included in schedule I, schedule II, or schedule III, with the	38
exception of controlled substance analogs, marihuana, cocaine,	39
L.S.D., heroin, and hashish and except as provided in division	40
(D)(2) or (5) of this section, whichever of the following is	41
applicable:	42

(a) An amount equal to or exceeding ten grams or twenty-five	43
unit doses of a compound, mixture, preparation, or substance that	44
is or contains any amount of a schedule I opiate or opium	45
derivative;	46

(b) An amount equal to or exceeding ten grams of a compound,	47
mixture, preparation, or substance that is or contains any amount	48
of raw or gum opium;	49

(c) An amount equal to or exceeding thirty grams or ten unit	50
doses of a compound, mixture, preparation, or substance that is or	51
contains any amount of a schedule I hallucinogen other than	52
tetrahydrocannabinol or lysergic acid amide, or a schedule I	53
stimulant or depressant;	54

(d) An amount equal to or exceeding twenty grams or five	55
times the maximum daily dose in the usual dose range specified in	56
a standard pharmaceutical reference manual of a compound, mixture,	57
preparation, or substance that is or contains any amount of a	58
schedule II opiate or opium derivative;	59

(e) An amount equal to or exceeding five grams or ten unit	60
doses of a compound, mixture, preparation, or substance that is or	61
contains any amount of phencyclidine;	62

(f) An amount equal to or exceeding one hundred twenty grams	63
or thirty times the maximum daily dose in the usual dose range	64
specified in a standard pharmaceutical reference manual of a	65
compound, mixture, preparation, or substance that is or contains	66
any amount of a schedule II stimulant that is in a final dosage	67
form manufactured by a person authorized by the "Federal Food,	68
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	69
amended, and the federal drug abuse control laws, as defined in	70
section 3719.01 of the Revised Code, that is or contains any	71
amount of a schedule II depressant substance or a schedule II	72
hallucinogenic substance;	73

(g) An amount equal to or exceeding three grams of a	74
compound, mixture, preparation, or substance that is or contains	75
any amount of a schedule II stimulant, or any of its salts or	76
isomers, that is not in a final dosage form manufactured by a	77
person authorized by the Federal Food, Drug, and Cosmetic Act and	78
the federal drug abuse control laws.	79

(2) An amount equal to or exceeding one hundred twenty grams	80
or thirty times the maximum daily dose in the usual dose range	81
specified in a standard pharmaceutical reference manual of a	82
compound, mixture, preparation, or substance that is or contains	83
any amount of a schedule III or IV substance other than an	84
anabolic steroid or a schedule III opiate or opium derivative;	85

(3) An amount equal to or exceeding twenty grams or five	86
times the maximum daily dose in the usual dose range specified in	87
a standard pharmaceutical reference manual of a compound, mixture,	88
preparation, or substance that is or contains any amount of a	89
schedule III opiate or opium derivative;	90

(4) An amount equal to or exceeding two hundred fifty	91
milliliters or two hundred fifty grams of a compound, mixture,	92
preparation, or substance that is or contains any amount of a	93
schedule V substance;	94

(5) An amount equal to or exceeding two hundred solid dosage	95
units, sixteen grams, or sixteen milliliters of a compound,	96
mixture, preparation, or substance that is or contains any amount	97
of a schedule III anabolic steroid.	98

(E) "Unit dose" means an amount or unit of a compound,	99
mixture, or preparation containing a controlled substance that is	100
separately identifiable and in a form that indicates that it is	101
the amount or unit by which the controlled substance is separately	102
administered to or taken by an individual.	103

(F) "Cultivate" includes planting, watering, fertilizing, or	104
tilling.	105

(G) "Drug abuse offense" means any of the following:

106

(1) A violation of division (A) of section 2913.02 that	107
constitutes theft of drugs, or a violation of section 2925.02,	108
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	109
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	110
2925.37 of the Revised Code;	111

(2) A violation of an existing or former law of this or any	112
other state or of the United States that is substantially	113
equivalent to any section listed in division (G)(1) of this	114
section;	115

(3) An offense under an existing or former law of this or any	116
other state, or of the United States, of which planting,	117
cultivating, harvesting, processing, making, manufacturing,	118
producing, shipping, transporting, delivering, acquiring,	119
possessing, storing, distributing, dispensing, selling, inducing	120
another to use, administering to another, using, or otherwise	121
dealing with a controlled substance is an element;	122

(4) A conspiracy to commit, attempt to commit, or complicity	123
in committing or attempting to commit any offense under division	124
(G)(1), (2), or (3) of this section.	125

(H) "Felony drug abuse offense" means any drug abuse offense	126
that would constitute a felony under the laws of this state, any	127
other state, or the United States.	128

(I) "Harmful intoxicant" does not include beer or	129
intoxicating liquor but means any of the following:	130

(1) Any compound, mixture, preparation, or substance the gas,	131
fumes, or vapor of which when inhaled can induce intoxication,	132
excitement, giddiness, irrational behavior, depression,	133
stupefaction, paralysis, unconsciousness, asphyxiation, or other	134
harmful physiological effects, and includes, but is not limited	135
to, any of the following:	136

(a) Any volatile organic solvent, plastic cement, model	137
cement, fingernail polish remover, lacquer thinner, cleaning	138
fluid, gasoline, or other preparation containing a volatile	139
organic solvent;	140

(b) Any aerosol propellant;

141

(c) Any fluorocarbon refrigerant;

142

(d) Any anesthetic gas.

143

(2) Gamma Butyrolactone;

144

(3) 1,4 Butanediol.

145

(J) "Manufacture" means to plant, cultivate, harvest,	146
process, make, prepare, or otherwise engage in any part of the	147
production of a drug, by propagation, extraction, chemical	148
synthesis, or compounding, or any combination of the same, and	149
includes packaging, repackaging, labeling, and other activities	150
incident to production.	151

(K) "Possess" or "possession" means having control over a	152
thing or substance, but may not be inferred solely from mere	153
access to the thing or substance through ownership or occupation	154
of the premises upon which the thing or substance is found.	155

(L) "Sample drug" means a drug or pharmaceutical preparation	156
that would be hazardous to health or safety if used without the	157
supervision of a licensed health professional authorized to	158
prescribe drugs, or a drug of abuse, and that, at one time, had	159
been placed in a container plainly marked as a sample by a	160
manufacturer.	161

(M) "Standard pharmaceutical reference manual" means the	162
current edition, with cumulative changes if any, of references	163
that are approved by the state board of pharmacy.	164

(N) "Juvenile" means a person under eighteen years of age.

165

(O) "Counterfeit controlled substance" means any of the	166
following:	167

(1) Any drug that bears, or whose container or label bears, a	168
trademark, trade name, or other identifying mark used without	169
authorization of the owner of rights to that trademark, trade	170
name, or identifying mark;	171

(2) Any unmarked or unlabeled substance that is represented	172
to be a controlled substance manufactured, processed, packed, or	173
distributed by a person other than the person that manufactured,	174
processed, packed, or distributed it;	175

(3) Any substance that is represented to be a controlled	176
substance but is not a controlled substance or is a different	177
controlled substance;	178

(4) Any substance other than a controlled substance that a	179
reasonable person would believe to be a controlled substance	180
because of its similarity in shape, size, and color, or its	181
markings, labeling, packaging, distribution, or the price for	182
which it is sold or offered for sale.	183

(P) An offense is "committed in the vicinity of a school" if	184
the offender commits the offense on school premises, in a school	185
building, or within one thousand feet of the boundaries of any	186
school premises, regardless of whether the offender knows the	187
offense is being committed on school premises, in a school	188
building, or within one thousand feet of the boundaries of any	189
school premises.	190

(Q) "School" means any school operated by a board of	191
education, any community school established under Chapter 3314. of	192
the Revised Code, or any nonpublic school for which the state	193
board of education prescribes minimum standards under section	194
3301.07 of the Revised Code, whether or not any instruction,	195
extracurricular activities, or training provided by the school is	196
being conducted at the time a criminal offense is committed.	197

(R) "School premises" means either of the following:

198

(1) The parcel of real property on which any school is	199
situated, whether or not any instruction, extracurricular	200
activities, or training provided by the school is being conducted	201
on the premises at the time a criminal offense is committed;	202

(2) Any other parcel of real property that is owned or leased	203
by a board of education of a school, the governing authority of a	204
community school established under Chapter 3314. of the Revised	205
Code, or the governing body of a nonpublic school for which the	206
state board of education prescribes minimum standards under	207
section 3301.07 of the Revised Code and on which some of the	208
instruction, extracurricular activities, or training of the school	209
is conducted, whether or not any instruction, extracurricular	210
activities, or training provided by the school is being conducted	211
on the parcel of real property at the time a criminal offense is	212
committed.	213

(S) "School building" means any building in which any of the	214
instruction, extracurricular activities, or training provided by a	215
school is conducted, whether or not any instruction,	216
extracurricular activities, or training provided by the school is	217
being conducted in the school building at the time a criminal	218
offense is committed.	219

(T) "Disciplinary counsel" means the disciplinary counsel	220
appointed by the board of commissioners on grievances and	221
discipline of the supreme court under the Rules for the Government	222
of the Bar of Ohio.	223

(U) "Certified grievance committee" means a duly constituted	224
and organized committee of the Ohio state bar association or of	225
one or more local bar associations of the state of Ohio that	226
complies with the criteria set forth in Rule V, section 6 of the	227
Rules for the Government of the Bar of Ohio.	228

(V) "Professional license" means any license, permit,	229
certificate, registration, qualification, admission, temporary	230
license, temporary permit, temporary certificate, or temporary	231
registration that is described in divisions (W)(1) to (36) of this	232
section and that qualifies a person as a professionally licensed	233
person.	234

(W) "Professionally licensed person" means any of the	235
following:	236

(1) A person who has obtained a license as a manufacturer of	237
controlled substances or a wholesaler of controlled substances	238
under Chapter 3719. of the Revised Code;	239

(2) A person who has received a certificate or temporary	240
certificate as a certified public accountant or who has registered	241
as a public accountant under Chapter 4701. of the Revised Code and	242
who holds an Ohio permit issued under that chapter;	243

(3) A person who holds a certificate of qualification to	244
practice architecture issued or renewed and registered under	245
Chapter 4703. of the Revised Code;	246

(4) A person who is registered as a landscape architect under	247
Chapter 4703. of the Revised Code or who holds a permit as a	248
landscape architect issued under that chapter;	249

(5) A person licensed under Chapter 4707. of the Revised	250
Code;	251

(6) A person who has been issued a certificate of	252
registration as a registered barber under Chapter 4709. of the	253
Revised Code;	254

(7) A person licensed and regulated to engage in the business	255
of a debt pooling company by a legislative authority, under	256
authority of Chapter 4710. of the Revised Code;	257

(8) A person who has been issued a cosmetologist's license,	258
hair designer's license, manicurist's license, esthetician's	259
license, natural hair stylist's license, managingadvanced	260
cosmetologist's license, managingadvanced hair designer's	261
license, managingadvanced manicurist's license, managing	262
advanced esthetician's license, managingadvanced natural hair	263
stylist's license, cosmetology instructor's license, hair design	264
instructor's license, manicurist instructor's license, esthetics	265
instructor's license, natural hair style instructor's license,	266
independent contractor's license, or tanning facility permit under	267
Chapter 4713. of the Revised Code;	268

(9) A person who has been issued a license to practice	269
dentistry, a general anesthesia permit, a conscious intravenous	270
sedation permit, a limited resident's license, a limited teaching	271
license, a dental hygienist's license, or a dental hygienist's	272
teacher's certificate under Chapter 4715. of the Revised Code;	273

(10) A person who has been issued an embalmer's license, a	274
funeral director's license, a funeral home license, or a crematory	275
license, or who has been registered for an embalmer's or funeral	276
director's apprenticeship under Chapter 4717. of the Revised Code;	277

(11) A person who has been licensed as a registered nurse or	278
practical nurse, or who has been issued a certificate for the	279
practice of nurse-midwifery under Chapter 4723. of the Revised	280
Code;	281

(12) A person who has been licensed to practice optometry or	282
to engage in optical dispensing under Chapter 4725. of the Revised	283
Code;	284

(13) A person licensed to act as a pawnbroker under Chapter	285
4727. of the Revised Code;	286

(14) A person licensed to act as a precious metals dealer	287
under Chapter 4728. of the Revised Code;	288

(15) A person licensed as a pharmacist, a pharmacy intern, a	289
wholesale distributor of dangerous drugs, or a terminal	290
distributor of dangerous drugs under Chapter 4729. of the Revised	291
Code;	292

(16) A person who is authorized to practice as a physician	293
assistant under Chapter 4730. of the Revised Code;	294

(17) A person who has been issued a certificate to practice	295
medicine and surgery, osteopathic medicine and surgery, a limited	296
branch of medicine, or podiatry under Chapter 4731. of the Revised	297
Code;	298

(18) A person licensed as a psychologist or school	299
psychologist under Chapter 4732. of the Revised Code;	300

(19) A person registered to practice the profession of	301
engineering or surveying under Chapter 4733. of the Revised Code;	302

(20) A person who has been issued a license to practice	303
chiropractic under Chapter 4734. of the Revised Code;	304

(21) A person licensed to act as a real estate broker or real	305
estate salesperson under Chapter 4735. of the Revised Code;	306

(22) A person registered as a registered sanitarian under	307
Chapter 4736. of the Revised Code;	308

(23) A person licensed to operate or maintain a junkyard	309
under Chapter 4737. of the Revised Code;	310

(24) A person who has been issued a motor vehicle salvage	311
dealer's license under Chapter 4738. of the Revised Code;	312

(25) A person who has been licensed to act as a steam	313
engineer under Chapter 4739. of the Revised Code;	314

(26) A person who has been issued a license or temporary	315
permit to practice veterinary medicine or any of its branches, or	316
who is registered as a graduate animal technician under Chapter	317
4741. of the Revised Code;	318

(27) A person who has been issued a hearing aid dealer's or	319
fitter's license or trainee permit under Chapter 4747. of the	320
Revised Code;	321

(28) A person who has been issued a class A, class B, or	322
class C license or who has been registered as an investigator or	323
security guard employee under Chapter 4749. of the Revised Code;	324

(29) A person licensed and registered to practice as a	325
nursing home administrator under Chapter 4751. of the Revised	326
Code;	327

(30) A person licensed to practice as a speech-language	328
pathologist or audiologist under Chapter 4753. of the Revised	329
Code;	330

(31) A person issued a license as an occupational therapist	331
or physical therapist under Chapter 4755. of the Revised Code;	332

(32) A person who is licensed as a professional clinical	333
counselor or professional counselor, licensed as a social worker	334
or independent social worker, or registered as a social work	335
assistant under Chapter 4757. of the Revised Code;	336

(33) A person issued a license to practice dietetics under	337
Chapter 4759. of the Revised Code;	338

(34) A person who has been issued a license or limited permit	339
to practice respiratory therapy under Chapter 4761. of the Revised	340
Code;	341

(35) A person who has been issued a real estate appraiser	342
certificate under Chapter 4763. of the Revised Code;	343

(36) A person who has been admitted to the bar by order of	344
the supreme court in compliance with its prescribed and published	345
rules.	346

(X) "Cocaine" means any of the following:

347

(1) A cocaine salt, isomer, or derivative, a salt of a	348
cocaine isomer or derivative, or the base form of cocaine;	349

(2) Coca leaves or a salt, compound, derivative, or	350
preparation of coca leaves, including ecgonine, a salt, isomer, or	351
derivative of ecgonine, or a salt of an isomer or derivative of	352
ecgonine;	353

(3) A salt, compound, derivative, or preparation of a	354
substance identified in division (X)(1) or (2) of this section	355
that is chemically equivalent to or identical with any of those	356
substances, except that the substances shall not include	357
decocainized coca leaves or extraction of coca leaves if the	358
extractions do not contain cocaine or ecgonine.	359

(Y) "L.S.D." means lysergic acid diethylamide.

360

(Z) "Hashish" means the resin or a preparation of the resin	361
contained in marihuana, whether in solid form or in a liquid	362
concentrate, liquid extract, or liquid distillate form.	363

(AA) "Marihuana" has the same meaning as in section 3719.01	364
of the Revised Code, except that it does not include hashish.	365

(BB) An offense is "committed in the vicinity of a juvenile"	366
if the offender commits the offense within one hundred feet of a	367
juvenile or within the view of a juvenile, regardless of whether	368
the offender knows the age of the juvenile, whether the offender	369
knows the offense is being committed within one hundred feet of or	370
within view of the juvenile, or whether the juvenile actually	371
views the commission of the offense.	372

(CC) "Presumption for a prison term" or "presumption that a	373
prison term shall be imposed" means a presumption, as described in	374
division (D) of section 2929.13 of the Revised Code, that a prison	375
term is a necessary sanction for a felony in order to comply with	376
the purposes and principles of sentencing under section 2929.11 of	377
the Revised Code.	378

(DD) "Major drug offender" has the same meaning as in section	379
2929.01 of the Revised Code.	380

(EE) "Minor drug possession offense" means either of the	381
following:	382

(1) A violation of section 2925.11 of the Revised Code as it	383
existed prior to July 1, 1996;	384

(2) A violation of section 2925.11 of the Revised Code as it	385
exists on and after July 1, 1996, that is a misdemeanor or a	386
felony of the fifth degree.	387

(FF) "Mandatory prison term" has the same meaning as in	388
section 2929.01 of the Revised Code.	389

(GG) "Adulterate" means to cause a drug to be adulterated as	390
described in section 3715.63 of the Revised Code.	391

(HH) "Public premises" means any hotel, restaurant, tavern,	392
store, arena, hall, or other place of public accommodation,	393
business, amusement, or resort.	394

(II) "Methamphetamine" means methamphetamine, any salt,	395
isomer, or salt of an isomer of methamphetamine, or any compound,	396
mixture, preparation, or substance containing methamphetamine or	397
any salt, isomer, or salt of an isomer of methamphetamine.	398

(JJ) "Lawful prescription" means a prescription that is	399
issued for a legitimate medical purpose by a licensed health	400
professional authorized to prescribe drugs, that is not altered or	401
forged, and that was not obtained by means of deception or by the	402
commission of any theft offense.	403

(KK) "Deception" and "theft offense" have the same meanings	404
as in section 2913.01 of the Revised Code.	405

Sec. 4713.01.  As used in this chapter:

406

"Apprentice instructor" means a personan individual holding	407
a practicing license issued by the state board of cosmetology who	408
is engaged in learning or acquiring knowledge of the occupation of	409
an instructor of a branch of cosmetology at a school of	410
cosmetology.	411

"Beauty salon" means any premises, building, or part of a	412
buildingsalon in which a personan individual is authorized to	413
engage in all branches of cosmetology. "Beauty salon" does not	414
include a barber shop licensed under Chapter 4709. of the Revised	415
Code in which a person engages in the practice of manicuring.	416

"Biennial licensing period" means the two-year period	417
beginning on the first day of February of an odd-numbered year and	418
ending on the last day of January of the next odd-numbered year	419
during which a license issued pursuant to this chapter is valid.	420
The biennial licensing period may be more than two years during	421
the transition from renewal on the last day of January to renewal	422
on the licensee's birthdate.	423

"Boutique services" include braiding, threading, and eye lash	424
extension services, and any other beauty service considered to be	425
a "boutique service" by the board of cosmetology.	426

"Braiding" means intertwining the hair in a systematic motion	427
to create patterns in a three-dimensional form, inverting the hair	428
against the scalp along part of a straight or curved row of	429
intertwined hair, or twisting the hair in a systematic motion, and	430
includes extending the hair with natural or synthetic hair fibers.	431

"Branch of cosmetology" means the practice of cosmetology,	432
practice of esthetics, practice of hair design, practice of	433
manicuring, or practice of natural hair styling, or practice of	434
boutique services.	435

"Cosmetic therapy" has the same meaning as in section 4731.15	436
of the Revised Code.	437

"Cosmetologist" means a personan individual authorized to	438
engage in all branches of cosmetology in a licensed facility.	439

"Cosmetology" means the art or practice of embellishment,	440
cleaning, beautification, and styling of hair, wigs, postiches,	441
face, body, or nails and tanning of human skin.	442

"Cosmetology instructor" means a personan individual	443
authorized to teach the theory and practice of all branches of	444
cosmetology at a school of cosmetology.	445

"Esthetician" means a personan individual who engages in the	446
practice of esthetics but no other branch of cosmetology in a	447
licensed facility.	448

"Esthetics instructor" means a personan individual who	449
teaches the theory and practice of esthetics, but no other branch	450
of cosmetology, at a school of cosmetology.	451

"Esthetics salon" means any premises, building, or part of a	452
building in which a personan individual engages in the practice	453
of esthetics but no other branch of cosmetology.	454

"Eye lash extensions" include temporary and semi-permanent	455
enhancements designed to add length, thickness, and fullness to	456
natural eyelashes.	457

"Hair designer" means a personan individual who engages in	458
the practice of hair design but no other branch of cosmetology in	459
a licensed facility.	460

"Hair design instructor" means a personan individual who	461
teaches the theory and practice of hair design, but no other	462
branch of cosmetology, at a school of cosmetology.	463

"Hair design salon" means any premises, building, or part of	464
a buildingsalon in which a personan individual engages in the	465
practice of hair design but no other branch of cosmetology.	466

"Independent contractor license" means a license to practice	467
an individual who is not an employee of a salon but practices a	468
branch of cosmetology atwithin a salon in which the license	469
holder rents booth spacea licensed facility subject to an	470
agreement with the salon or the salon's owner.	471

"Instructor license" means a license to teach the theory and	472
practice of a branch of cosmetology at a school of cosmetology.	473

"Licensed facility" means any premises, building, or part of	474
a building licensed under section 4713.41 of the Revised Code in	475
which cosmetology services are authorized by the state board of	476
cosmetology to be performed.	477

"ManagingAdvanced cosmetologist" means a personan	478
individual authorized to managework in a beauty salon and engage	479
in all branches of cosmetology.	480

"ManagingAdvanced esthetician" means a personan individual	481
authorized to managework in an esthetics salon, but no other type	482
of salon, and engage in the practice of esthetics, but no other	483
branch of cosmetology.	484

"ManagingAdvanced hair designer" means a personan	485
individual authorized to managework in a hair design salon, but	486
no other type of salon, and engage in the practice of hair design,	487
but no other branch of cosmetology.	488

"ManagingAdvanced license" means a license to managework in	489
a salon and practice the branch of cosmetology practiced at the	490
salon.	491

"ManagingAdvanced manicurist" means a personan individual	492
authorized to managework in a nail salon, but no other type of	493
salon, and engage in the practice of manicuring, but no other	494
branch of cosmetology.	495

"ManagingAdvanced natural hair stylist" means a personan	496
individual authorized to managework in a natural hair style	497
salon, but no other type of salon, and engage in the practice of	498
natural hair styling, but no other branch of cosmetology.	499

"Manicurist" means a personan individual who engages in the	500
practice of manicuring but no other branch of cosmetology in a	501
licensed facility.	502

"Manicurist instructor" means a personan individual who	503
teaches the theory and practice of manicuring, but no other branch	504
of cosmetology, at a school of cosmetology.	505

"Nail salon" means any premises, building, or part of a	506
buildingsalon in which a personan individual engages in the	507
practice of manicuring but no other branch of cosmetology. "Nail	508
salon" does not include a barber shop licensed under Chapter 4709.	509
of the Revised Code in which a person engages in the practice of	510
manicuring.	511

"Natural hair stylist" means a personan individual who	512
engages in the practice of natural hair styling but no other	513
branch of cosmetology in a licensed facility.	514

"Natural hair style instructor" means a personan individual	515
who teaches the theory and practice of natural hair styling, but	516
no other branch of cosmetology, at a school of cosmetology.	517

"Natural hair style salon" means any premises, building, or	518
part of a buildingsalon in which a personan individual engages	519
in the practice of natural hair styling but no other branch of	520
cosmetology.	521

"Practice of braiding" means utilizing the technique of	522
intertwining hair in an systematic motion to create patterns in a	523
three dimensional form, including patterns that are inverted,	524
upright, or singled against the scalp that follow along straight	525
or curved partings. It may include twisting or locking the hair	526
while adding bulk or length with human hair, synthetic hair, or	527
both and using simple devices such as clips, combs, and hairpins.	528

"Practice of braiding" does not include application of	529
weaving, bonding, and fusion of individual strands or wefts;	530
application of dyes, reactive chemicals, or other preparations to	531
alter the color or straighten, curl, or alter the structure of	532
hair; embellishing or beautifying hair by cutting or singeing,	533
except as needed to finish the ends of synthetic fibers used to	534
add bulk to or lengthen hair.	535

"Practice of cosmetology" means the practice of all branches	536
of cosmetology.	537

"Practice of esthetics" means the application of cosmetics,	538
tonics, antiseptics, creams, lotions, or other preparations for	539
the purpose of skin beautification and includes preparation of the	540
skin by manual massage techniques or by use of electrical,	541
mechanical, or other apparatus; enhancement of the skin by skin	542
care, facials, body treatments, hair removal, and other	543
treatments; the application of permanent cosmetics to the eyes,	544
eyebrows, and lips; and the application of eyelash extensions.	545

"Practice of hair design" means embellishing or beautifying	546
hair, wigs, or hairpieces by arranging, dressing, pressing,	547
curling, waving, permanent waving, cleansing, cutting, singeing,	548
bleaching, coloring, braiding, weaving, or similar work. "Practice	549
of hair design" includes utilizing techniques performed by hand	550
that result in tension on hair roots such as twisting, wrapping,	551
weaving, extending, locking, or braiding of the hair.	552

"Practice of manicuring" means manicuringcleaning, trimming,	553
shaping the free edge of, or applying polish to the nails of any	554
person,individual; applying artificial or sculptured nails to any	555
person,individual; massaging the hands and lower arms up to the	556
elbow of any person,individual; massaging the feet and lower legs	557
up to the knee of any person,individual; using lotions or	558
softeners on the hands and feet of any individual; or any	559
combination of these four types of services.	560

"Practice of natural hair styling" means utilizing techniques	561
performed by hand that result in tension on hair roots such as	562
twisting, wrapping, weaving, extending, locking, or braiding of	563
the hair. "Practice of natural hair styling" does not include the	564
application of dyes, reactive chemicals, or other preparations to	565
alter the color or to straighten, curl, or alter the structure of	566
the hair. "Practice of natural hair styling" also does not include	567
embellishing or beautifying hair by cutting or singeing, except as	568
needed to finish off the end of a braid, or by dressing, pressing,	569
curling, waving, permanent waving, or similar work.	570

"Practicing license" means a license to practice a branch of	571
cosmetology in a licensed facility.	572

"Salon" means a beauty salon, esthetics salon, hair design	573
salon, nail salon, or natural hair style salonlicensed facility	574
on any premises, building, or part of a building in which an	575
individual engages in the practice of one or more branches of	576
cosmetology. "Salon" does not include a barber shop licensed under	577
Chapter 4709. of the Revised Code. "Salon" does not mean a tanning	578
facility, although a tanning facility may be located in a salon.	579

"School of cosmetology" means any premises, building, or part	580
of a building in which students are instructed in the theories and	581
practices of one or more branches of cosmetology.	582

"Student" means a personan individual, other than an	583
apprentice instructor, who is engaged in learning or acquiring	584
knowledge of the practice of a branch of cosmetology at a school	585
of cosmetology.	586

"Tanning facility" means a room or booth that houses	587
equipmentany premises, building, or part of a building that	588
contains one or more rooms or booths with any of the following:	589

(A) Equipment or beds used for tanning human skin by the use	590
of fluorescent sun lamps using ultraviolet or other artificial	591
radiation;	592

(B) Equipment or beds that use chemicals applied to human	593
skin, including chemical applications commonly referred to as	594
spray-on, mist-on, or sunless tans;	595

(C) Equipment or beds that use visible light for cosmetic	596
purposes.	597

"Threading" includes a service that results in the removal of	598
hair from its follicle from around the eyebrows and from other	599
parts of the face with the use of a single strand of thread and an	600
over-the-counter astringent, if the service does not use chemicals	601
of any kind, wax, or any implements, instruments, or tools to	602
remove hair.	603

Sec. 4713.02.  (A) There is hereby created the state board of	604
cosmetology, consisting of all of the following members appointed	605
by the governor, with the advice and consent of the senate:	606

(1) One personindividual holding a current, valid	607
cosmetologist, managing cosmetologist, or cosmetology instructor	608
license at the time of appointment;	609

(2) Two personsindividuals holding current, valid managing	610
cosmetologist licenses and actively engaged in managing beauty	611
salons for a period of not less than five years at the time of	612
appointment;	613

(3) One personindividual who holds a current, valid	614
independent contractor license at the time of appointment or the	615
owner or manager of a licensed salon in which at least one person	616
holding a current, valid independent contractor licenseand	617
practices a branch of cosmetology;	618

(4) One personindividual who represents individuals who	619
teach the theory and practice of a branch of cosmetology at a	620
vocational or career-technical school;	621

(5) One owner of a licensed school of cosmetology;

622

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

623

(7) One personindividual who is either a certified nurse	624
practitioner or clinical nurse specialist holding a certificate of	625
authority issued under Chapter 4723. of the Revised Code, or a	626
physician authorized under Chapter 4731. of the Revised Code to	627
practice medicine and surgery or osteopathic medicine and surgery;	628

(8) One personindividual representing the general public;

629

(9) One individual who holds a current, valid, tanning	630
license and who has owned or managed a tanning facility for at	631
least five years immediately preceding the individual's	632
appointment.	633

(B) The superintendent of public instruction shall nominate	634
three personsindividuals for the governor to choose from when	635
making an appointment under division (A)(4) of this section.	636

(C) All members shall be at least twenty-five years of age,	637
residents of the state, and citizens of the United States. No more	638
than two members, at any time, shall be graduates of the same	639
school of cosmetology. Not more than one member shall be	640
financially interested in, or have any financial connection with,	641
any school of cosmetology.	642

Except for the initial members appointed under divisions	643
(A)(3) and (4) of this section, termsTerms of office are for five	644
years. The term of the initial member appointed under division	645
(A)(3) of this section shall be three years. The term of the	646
initial member appointed under division (A)(4) of this section	647
shall be four years. Terms shall commence on the first day of	648
November and end on the thirty-first day of October. Each member	649
shall hold office from the date of appointment until the end of	650
the term for which appointed. In case of a vacancy occurring on	651
the board, the governor shall, in the same manner prescribed for	652
the regular appointment to the board, fill the vacancy by	653
appointing a member. Any member appointed to fill a vacancy	654
occurring prior to the expiration of the term for which the	655
member's predecessor was appointed shall hold office for the	656
remainder of such term. Any member shall continue in office	657
subsequent to the expiration date of the member's term until the	658
member's successor takes office, or until a period of sixty days	659
has elapsed, whichever occurs first. Before entering upon the	660
discharge of the duties of the office of member, each member shall	661
take, and file with the secretary of state, the oath of office	662
required by Section 7 of Article XV, Ohio Constitution.	663

The members of the board shall receive an amount fixed	664
pursuant to Chapter 124. of the Revised Code per diem for every	665
meeting of the board which they attend, together with their	666
necessary expenses, and mileage for each mile necessarily	667
traveled.	668

The members of the board shall annually elect, from among	669
their number, a chairperson and a vice-chairperson. The executive	670
director appointed pursuant to section 4713.06 of the Revised Code	671
shall serve as the board's secretary.	672

(D) The board shall prescribe the duties of its officers and	673
establish an office within Franklin Countycounty. The board shall	674
keep all records and files at the office and have the records and	675
files at all reasonable hours open to public inspection in	676
accordance with section 149.43 of the Revised Code and any rules	677
adopted by the board in compliance with this state's record	678
retention policy. The board also shall adopt a seal.	679

Sec. 4713.03.  The state board of cosmetology shall hold a	680
meetingmeetings to transact its business at least four times a	681
year. The board may hold additional meetings as, in its judgment,	682
are necessary. The board shall meet at the times and places it	683
selects.	684

Sec. 4713.06. The state board of cosmetology shall annually	685
appoint an executive director. The executive director may not be a	686
member of the board, but subsequent to appointment, shall serve as	687
secretary of the board. The executive director, before entering	688
upon the discharge of the executive director's duties, shall file	689
with the secretary of state a good and sufficient bond payable to	690
the state, to ensure the faithful performance of duties of the	691
office of executive director. The bond shall be in an amount the	692
board requires. The premium of the bond shall be paid from	693
appropriations made to the board for operating purposes.	694

The board may employ inspectors, examiners, consultants on	695
contents of examinations, and clerks, or other individuals as	696
necessary for the administration of this chapter. All inspectors	697
and examiners shall be licensed cosmetologists.	698

The board may appoint inspectors ofto inspect and	699
investigate all facilities regulated by this chapter, including	700
tanning facilities as needed to make periodic inspections as the	701
board specifies, to ensure compliance with this chapter, the rules	702
adopted pursuant to it, and the board's policies, in accordance	703
with division (A)(11) of section 4713.07 of the Revised Code.	704

Sec. 4713.07. (A) The state board of cosmetology shall do all	705
of the following:	706

(A)(1) Regulate the practice of cosmetology and all of its	707
branches in this state;	708

(2) Investigate or inspect, when evidence appears to	709
demonstrate that an individual has violated any provision of this	710
chapter or any rule adopted pursuant to it, the activities or	711
premises of a license holder or unlicensed individual;	712

(3) Adopt rules in accordance with section 4713.08 of the	713
Revised Code;	714

(4) Prescribe and make available application forms to be used	715
by personsindividuals seeking admission to an examination	716
conducted under section 4713.24 of the Revised Code or a license	717
or registration issued under this chapter;	718

(B)(5) Prescribe and make available application forms to be	719
used by personsindividuals seeking renewal of a license or	720
registration issued under this chapter;	721

(C)(6) Provide a toll-free number and an online service to	722
receive complaints alleging violations of this chapter;	723

(7) Report to the proper prosecuting officer all violations	724
of section 4713.14 of the Revised Code of which the board is	725
aware;	726

(D)(8) Submit a written report annually to the governor that	727
provides all of the following:	728

(1)(a) A discussion of the conditions in this state of the	729
branches of cosmetology;	730

(2)(b) A brief summary of the board's proceedings during the	731
year the report covers;	732

(3)(c) A statement of all money that the board received and	733
expended during the year the report covers.	734

(E)(9) Keep a record of all of the following:

735

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

736

(2)(b) The name and last known physical address, electronic	737
mail address, and telephone number of each personindividual	738
issued a license or registration under section 4713.28, 4713.30,	739
4713.31, 4713.34, or 4713.39 of the Revised Codethis chapter;	740

(3) The name and address of each salon issued a license under	741
section 4713.41 of the Revised Code and each school of cosmetology	742
issued a license under section 4713.44 of the Revised Code;	743

(4) The name and address of each tanning facility issued a	744
permit under section 4713.48 of the Revised Code;	745

(5)(c) The date and number of each license and, permit, and	746
registration that the board issues;.	747

(F)(10) Assist ex-offenders and military veterans who hold	748
licenses issued by the board to find employment within salons or	749
other facilities within this state;	750

(G)(11) Cause inspectors appointed pursuant to section	751
4713.06 of the Revised Code to conduct inspections of licensed	752
facilities, including salons, schools of cosmetology, and tanning	753
facilities, within ninety days of the opening for business of a	754
licensed facility, upon complaints reported to the board, within	755
ninety days after a violation was documented at a facility, and at	756
least once every two years. Any individual, after providing the	757
individual's name and contact information, may report to the board	758
any information the individual may have that appears to show a	759
violation of any provision of this chapter or rule adopted under	760
it. In the absence of bad faith, any individual who reports	761
information of that nature or who testifies before the board in	762
any adjudication conducted under Chapter 119. of the Revised Code	763
shall not be liable for damages in a civil action as a result of	764
the report or testimony. For the purpose of inspections, an	765
independent contractor shall be added to the board's records as an	766
individual salon.	767

(12) Supply a copy of the poster created pursuant to division	768
(B) of section 5502.63 of the Revised Code to each person	769
authorized to operate a salon, school of cosmetology, tanning	770
facility, or other type of facility under this chapter;	771

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

772

(B) The board may delegate any of the duties listed in	773
division (A) of this section to the executive director of the	774
board or to an individual designated by the executive director.	775

Sec. 4713.071. (A) Beginning one year after the effective	776
date of this section, the state board of cosmetology shall	777
annually submit a written report to the governor, president of the	778
senate, and speaker of the house of representatives. The report	779
shall list all of the following for the preceding twelve-month	780
period:	781

(1) The number of students enrolled in courses at licensed	782
public and private schools of cosmetology;	783

(2) The number of students graduating from licensed public	784
and private schools of cosmetology;	785

(3) The annual cost for students to attend each licensed	786
public or private school of cosmetology;	787

(4) The loan default rates for licensed public and private	788
schools of cosmetology;	789

(5) The first-time licensure passage rate for graduates of	790
all public and private schools;	791

(6) The total number of new and renewal licenses in each	792
profession;	793

(7) The total number of complaint-driven inspections	794
conducted by the board;	795

(8) The total number and type of violations, including a list	796
of the top ten violations, which shall aid in the identification	797
of focus areas for continuing education purposes;	798

(9) The top twenty salons and individuals cited for	799
unlicensed workers;	800

(10) The number of adjudications or other disciplinary action	801
taken by the board.	802

(B) The board shall include in the final report under	803
division (A) of this section any recommendations it has for	804
changes to this chapter.	805

Sec. 4713.08. (A) The state board of cosmetology shall adopt	806
rules in accordance with Chapter 119. of the Revised Code as	807
necessary to implement this chapter. The rules shall do all of the	808
following:	809

(1) Govern the practice of the branches of cosmetology and	810
management of salons;	811

(2) Specify conditions a personan individual must satisfy to	812
qualify for a temporary pre-examination work permit under section	813
4713.22 of the Revised Code and the conditions and method of	814
renewing a temporary pre-examination work permit under that	815
section;	816

(3) Provide for the conduct of examinations under section	817
4713.24 of the Revised Code;	818

(4) Specify conditions under which the board will take into	819
account, under section 4713.32 of the Revised Code, instruction an	820
applicant for a license under section 4713.28, 4713.30, or 4713.31	821
of the Revised Code received more than five years before the date	822
of application for the license;	823

(5) Provide for the granting of waivers under section 4713.29	824
of the Revised Code;	825

(6) Specify conditions an applicant must satisfy for the	826
board to issue the applicant a license under section 4713.34 of	827
the Revised Code without the applicant taking an examination	828
conducted under section 4713.24 of the Revised Code;	829

(7) Specify locations in which glamour photography services	830
in which a branch of cosmetology is practiced may be provided;	831

(8) Establish conditions and the fee for a temporary special	832
occasion work permit under section 4713.37 of the Revised Code and	833
specify the amount of time such a permit is valid;	834

(9) Specify conditions an applicant must satisfy for the	835
board to issue the applicant an independent contractor license	836
under section 4713.39 of the Revised Code and the fee for issuance	837
and renewal of the license;	838

(10) Establish conditions under which food may be sold at a	839
salon;	840

(11) Specify which professions regulated by a professional	841
regulatory board of this state may be practiced in a salon under	842
section 4713.42 of the Revised Code;	843

(12) Establish standards for the provision of cosmetic	844
therapy, massage therapy, or other professional service in a salon	845
pursuant to section 4713.42 of the Revised Code;	846

(13) Establish standards for board approval of, and the	847
granting of credits for, training in branches of cosmetology at	848
schools of cosmetology licensed in this state;	849

(14) Establish the manner in which a school of cosmetology	850
licensed under section 4713.44 of the Revised Code may offer	851
post-secondary and advanced practice programs;	852

(15) Establish sanitary standards for the practice of the	853
branches of cosmetology, salons, and schools of cosmetology;	854

(16) Establish the application process for obtaining a	855
tanning facility permit under section 4713.48 of the Revised Code,	856
including the amount of the fee for an initial or renewed permit;	857

(17) Establish standards for installing and operating a	858
tanning facility in a manner that ensures the health and safety of	859
consumers, including standards that do all of the following:	860

(a) Establish a maximum safe time of exposure to radiation	861
and a maximum safe temperature at which sun lamps may be operated;	862

(b) Require consumers to wear protective eyeglasses and be	863
supervised as to the length of time consumers use the facility;	864

(c) Require the operator to prohibit consumers from standing	865
too close to sun lamps and to post signs warning consumers of the	866
potential effects of radiation on personsindividuals taking	867
certain medications and of the possible relationship of the	868
radiation to skin cancer;	869

(d) Require the installation of protective shielding for sun	870
lamps and handrails for consumers;	871

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

872

(f) Require a consumer who is under the age of eighteen to	873
obtain written consent from the consumer's parent or legal	874
guardian prior to receiving tanning services.	875

(18)(a) If the board, under section 4713.61 of the Revised	876
Code, develops a procedure for classifying licenses inactivein	877
escrow, do both of the following:	878

(i) Establish a fee for having a license classified inactive	879
in escrow that reflects the cost to the board of providing the	880
inactiveescrow license service;	881

(ii) Specify the continuing education that a personan	882
individual whose license has been classified inactivein escrow	883
must complete to have the license restored. The continuing	884
education shall be sufficient to ensure the minimum competency in	885
the use or administration of a new procedure or product required	886
by a licensee necessary to protect public health and safety. The	887
requirement shall not exceed the cumulative number of hours of	888
continuing education that the personindividual would have been	889
required to complete had the personindividual retained an active	890
license.	891

(b) In addition, the board may specify the conditions and	892
method for granting a temporary work permit to practice a branch	893
of cosmetology to a personan individual whose license has been	894
classified inactivein escrow.	895

(19) Establish a fee for approval of a continuing education	896
program under section 4713.62 of the Revised Code that is adequate	897
to cover any expense the board incurs in the approval process;	898

(20) Anything else necessary to implement this chapter.

899

(B)(1) The rules adopted under division (A)(2) of this	900
section may establish additional conditions for a temporary	901
pre-examination work permit under section 4713.22 of the Revised	902
Code that are applicable to personsindividuals who practice a	903
branch of cosmetology in another state or country.	904

(2) The rules adopted under division (A)(18)(b) of this	905
section may establish additional conditions for a temporary work	906
permit that are applicable to personsindividuals who practice a	907
branch of cosmetology in another state.	908

(C) The conditions specified in rules adopted under division	909
(A)(6) of this section may include that an applicant is applying	910
for a license to practice a branch of cosmetology for which the	911
board determines an examination is unnecessary.	912

(D) The rules adopted under division (A)(11) of this section	913
shall not include a profession if practice of the profession in a	914
salon is a violation of a statute or rule governing the	915
profession.	916

(E) The sanitary standards established under division (A)(15)	917
of this section shall focus in particular on precautions to be	918
employed to prevent infectious or contagious diseases being	919
created or spread. The board shall consult with the Ohio	920
department of health when establishing the sanitary standards.	921

(F) The fee established by rules adopted under division	922
(A)(16) of this section shall cover the cost the board incurs in	923
inspecting tanning facilities and enforcing the board's rules but	924
may not exceed one hundred dollars per location of such	925
facilities.	926

Sec. 4713.081. The state board of cosmetology shall furnish a	927
copy of the sanitary standards established by rules adopted under	928
section 4713.08 of the Revised Code to each personindividual to	929
whom the board issues a practicing license, managingadvanced	930
license, or license to operate a salon or school of cosmetology,	931
or boutique services registration. The board also shall furnish a	932
copy of the sanitary standards to each personindividual providing	933
cosmetic therapy, massage therapy, or other professional service	934
in a salon under section 4713.42 of the Revised Code. A salon or	935
school of cosmetology provided a copy of the sanitary standards	936
shall post the standards in a public and conspicuous place in the	937
salon or school.	938

Sec. 4713.082. The state board of cosmetology shall furnish a	939
copy of the standards established by rules adopted under section	940
4713.08 of the Revised Code for installing and operating a tanning	941
facility to each personindividual to whom the board issues a	942
permit to operate a tanning facility. A personAn individual	943
provided a copy of the standards shall post the standards in a	944
public and conspicuous place in the tanning facility.	945

Sec. 4713.09. The state board of cosmetology may adopt rules	946
in accordance with Chapter 119.section 4713.08 of the Revised	947
Code to establish a continuing education requirement, not to	948
exceed eight hours in a biennial licensing period, as a condition	949
of renewal for a practicing license, managingadvanced license, or	950
instructor license, or boutique services registration. These hours	951
shall include training in identifying and addressing the crime of	952
trafficking in persons as described in section 2905.32 of the	953
Revised Code. At least two of the eight hours of the continuing	954
education requirement must be achieved in courses concerning	955
safety and sanitation, and at least one hour of the eight hours of	956
the continuing education requirement must be achieved in courses	957
concerning law and rule updates.	958

Sec. 4713.10. (A) The state board of cosmetology shall	959
charge and collect the following fees:	960

(A)(1) For a temporary pre-examination work permit under	961
section 4713.22 of the Revised Code, five dollars;	962

(B)(2) For initial application to take an examination under	963
section 4713.24 of the Revised Code, twenty-one dollars;	964

(C)(3) For application to take an examination under section	965
4713.24 of the Revised Code by an applicant who has previously	966
applied to take, but failed to appear for, the examination, forty	967
dollars;	968

(D)(4) For application to re-take an examination under	969
section 4713.24 of the Revised Code by an applicant who has	970
previously appeared for, but failed to pass, the examination,	971
twenty-one dollars;	972

(E)(5) For the issuance of a license under section 4713.28,	973
4713.30, or 4713.31 of the Revised Code, thirty dollars;	974

(F)(6) For the issuance of a license under section 4713.34 of	975
the Revised Code, sixty dollars;	976

(G)(7) For renewal of a license issued under section 4713.28,	977
4713.30, 4713.31, or 4713.34 of the Revised Code, thirty dollars;	978

(H)(8) For the issuance or renewal of a cosmetology school	979
license, two hundred fifty dollars;	980

(I)(9) For the inspection and issuance of a new salon license	981
or the change of name or ownership of a salon license under	982
section 4713.41 of the Revised Code, sixty dollars;	983

(J)(10) For the renewal of a salon license under section	984
4713.41 of the Revised Code, fifty dollars;	985

(K)(11) For the restoration of an expireda license that may	986
be restored pursuant tounder section 4713.63 of the Revised Code,	987
and in addition to the payments for allan amount equal to the sum	988
of the following: the current renewal fee; any applicable late	989
fees; and, if one or more renewal periods have elapsed since the	990
license was valid, the lapsed renewal fees, thirty dollarsfor not	991
more than three of those renewal periods;	992

(L)(12) For the issuance of a duplicate of any license,	993
fifteen dollars;	994

(M)(13) For the preparation and mailing of a licensee's	995
records to another state for a reciprocity license, fifty dollars;	996

(N)(14) For the processing of any fees related to a check	997
from a licensee returned to the board for insufficient funds, an	998
additional twenty dollars.	999

(B) The board may establish an installment plan for the	1000
payment of fines and fees and may reduce fees as considered	1001
appropriate by the board.	1002

(C) At the request of a person who is temporarily unable to	1003
pay a fee imposed under division (A) of this section, or on its	1004
own motion, the board may extend the date payment is due by up to	1005
ninety days. If the fee remains unpaid after the date payment is	1006
due, the amount of the fee shall be certified to the attorney	1007
general for collection in the form and manner prescribed by the	1008
attorney general. The attorney general may assess the collection	1009
cost to the amount certified in such a manner and amount as	1010
prescribed by the attorney general.	1011

Sec. 4713.13.  Whenever in the judgment of the state board of	1012
cosmetology any personindividual has engaged in or is about to	1013
engage in any acts or practices that constitute a violation of	1014
this chapter, or any rule adopted under this chapter, the board	1015
may apply to the appropriate court for an order enjoining the acts	1016
or practices, and upon a showing by the board that the person	1017
individual has engaged in the acts or practices, the court shall	1018
grant an injunction, restraining order, or other order as may be	1019
appropriate.	1020

Sec. 4713.14.  No personindividual shall do any of the	1021
following:	1022

(A) Use fraud or deceit in making application for a license	1023
or, permit, or registration;	1024

(B) Aid or abet any personindividual or entity in any of the	1025
following:	1026

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

1027

(2) Obtaining a license or, permit, or registration	1028
fraudulently;	1029

(3) Falsely pretending to hold a current, valid license or	1030
permit.	1031

(C) Practice a branch of cosmetology, for pay, free, or	1032
otherwise, without one of the following authorizing the practice	1033
of that branch of cosmetology:	1034

(1) A current, valid license under section 4713.28, 4713.30,	1035
or 4713.34 of the Revised Code;	1036

(2) A current, valid temporary pre-examination work permit	1037
issued under section 4713.22 of the Revised Code;	1038

(3) A current, valid temporary special occasion work permit	1039
issued under section 4713.37 of the Revised Code;	1040

(4) A current, valid temporary work permit issued under rules	1041
adopted by the board pursuant to section 4713.08 of the Revised	1042
Code;	1043

(5) A current, valid registration under section 4713.69 of	1044
the Revised Code.	1045

(D) Employ a personan individual to practice a branch of	1046
cosmetology if the personindividual does not hold one of the	1047
following authorizing the practice of that branch of cosmetology:	1048

(1) A current, valid license under section 4713.28, 4713.30,	1049
or 4713.34 of the Revised Code;	1050

(2) A current, valid temporary pre-examination work permit	1051
issued under section 4713.22 of the Revised Code;	1052

(3) A current, valid temporary special occasion work permit	1053
issued under section 4713.37 of the Revised Code;	1054

(4) A current, valid temporary work permit issued under rules	1055
adopted by the board pursuant to section 4713.08 of the Revised	1056
Code;	1057

(5) A current, valid registration under section 4713.69 of	1058
the Revised Code.	1059

(E) Manage a salon without a current, valid license under	1060
section 4713.30 or 4713.34 of the Revised Code to manage that type	1061
of salon;	1062

(F) Except for apprentice instructors and as provided in	1063
section 4713.45 of the Revised Code, teach the theory or practice	1064
of a branch of cosmetology at a school of cosmetology without	1065
either of the following authorizing the teaching of that branch of	1066
cosmetology:	1067

(1) A current, valid license under section 4713.31 or 4713.34	1068
of the Revised Code;	1069

(2) A current, valid temporary special occasion work permit	1070
issued under section 4713.37 of the Revised Code.	1071

(G)(F) Advertise or operate a glamour photography service in	1072
which a branch of cosmetology is practiced unless the person	1073
individual practicing the branch of cosmetology holds either of	1074
the following authorizing the practice of that branch of	1075
cosmetology:	1076

(1) A current, valid license under section 4713.28, 4713.30,	1077
or 4713.34 of the Revised Code;	1078

(2) A current, valid temporary special occasion work permit	1079
issued under section 4713.37 of the Revised Code.	1080

(H)(G) Advertise or operate a glamour photography service in	1081
which a branch of cosmetology is practiced at a location not	1082
specified by rules adopted under section 4713.08 of the Revised	1083
Code;	1084

(I)(H) Practice a branch of cosmetology at a salon in which	1085
the person rents booth spaceas an independent contractor without	1086
a current, valid independent contractor license issued under	1087
section 4713.39 of the Revised Code;	1088

(J)(I) Operate a salon without a current, valid license under	1089
section 4713.41 of the Revised Code;	1090

(K)(J) Provide cosmetic therapy or massage therapy at a salon	1091
for pay, free, or otherwise without a current, valid certificate	1092
issued by the state medical board under section 4731.15 of the	1093
Revised Code or provide any other professional service at a salon	1094
for pay, free, or otherwise without a current, valid license or	1095
certificate issued by the professional regulatory board of this	1096
state that regulates the profession;	1097

(L)(K) Teach a branch of cosmetology at a salon, unless the	1098
personindividual receiving the instruction holds either of the	1099
following authorizing the practice of that branch of cosmetology:	1100

(1) A current, valid license under section 4713.28, 4713.30,	1101
or 4713.34 of the Revised Code;	1102

(2) A current, valid temporary pre-examination work permit	1103
issued under section 4713.22 of the Revised Code.	1104

(M)(L) Operate a school of cosmetology without a current,	1105
valid license under section 4713.44 of the Revised Code;	1106

(N)(M) At a salon or school of cosmetology, do eitherany of	1107
the following:	1108

(1) Use or possess a cosmetic product containing an	1109
ingredient that the United States food and drug administration has	1110
prohibited by regulation;	1111

(2) Use a cosmetic product in a manner inconsistent with a	1112
restriction established by the United States food and drug	1113
administration by regulation;	1114

(3) Use or possess a liquid nail monomer containing any trace	1115
of methyl methacrylate (MMA).	1116

(O)(N) While in charge of a salon or school of cosmetology,	1117
permit any personindividual to sleep in, or use for residential	1118
purposes, any room used wholly or in part as the salon or school	1119
of cosmetology;	1120

(P)(O) Maintain, as an established place of business for the	1121
practice of one or more of the branches of cosmetology, a room	1122
used wholly or in part for sleeping or residential purposes;	1123

(Q)(P) Operate a tanning facility that is offered to the	1124
public for a fee or other compensation without a current, valid	1125
permit under section 4713.48 of the Revised Code;	1126

(Q) Treat a person as an independent contractor for purposes	1127
of federal or state taxes or workers' compensation if the	1128
individual hired, sets the schedule of, or compensates the person	1129
by commission or otherwise;	1130

(R) Practice a branch of cosmetology in a location other than	1131
a licensed facility unless otherwise exempted under section	1132
4713.16 or 4713.17 of the Revised Code;	1133

(S) Use any of the services or arts that are part of	1134
cosmetology to treat or attempt to cure a physical or mental	1135
disease or ailment.	1136

Sec. 4713.141. An inspector employed by the state board of	1137
cosmetology may take a sample of a product used or sold in a salon	1138
or school of cosmetology for the purpose of examining the sample,	1139
or causing an examination of the sample to be made, to determine	1140
whether division (N)(M) of section 4713.14 of the Revised Code has	1141
been violated.	1142

Should the results of the test prove that division (M) of	1143
section 4713.14 of the Revised Code has been violated, the board	1144
shall take action in accordance with section 4713.64 of the	1145
Revised Code. A fine imposed under that section shall include the	1146
cost of the test. The person's license may be suspended or	1147
revoked.	1148

Sec. 4713.16.  This chapter does not prohibit any of the	1149
following:	1150

(A) Practicing a branch of cosmetology without a license or	1151
registration if the personindividual does so for free at the	1152
person'sindividual's home for a family member who resides in the	1153
same household as the personindividual;	1154

(B) The retail sale, or trial demonstration by application to	1155
the skin for purposes of retail sale, of cosmetics, preparations,	1156
tonics, antiseptics, creams, lotions, wigs, or hairpieces without	1157
a practicing license or registration;	1158

(C) The retailing, at a salon, of cosmetics, preparations,	1159
tonics, antiseptics, creams, lotions, wigs, hairpieces, clothing,	1160
or any other items that pose no risk of creating unsanitary	1161
conditions at the salon;	1162

(D) The provision of glamour photography services at a	1163
licensed salon if either of the following is the case:	1164

(1) A branch of cosmetology is not practiced as part of the	1165
services.	1166

(2) If a branch of cosmetology is practiced as part of the	1167
services, the part of the services that is a branch of cosmetology	1168
is performed by a personan individual who holds either of the	1169
following authorizing the personindividual to practice that	1170
branch of cosmetology:	1171

(a) A current, valid license under section 4713.28, 4713.30,	1172
or 4713.34 of the Revised Code;	1173

(b) A current, valid temporary special occasion work permit	1174
issued under section 4713.37 of the Revised Code.	1175

(E) A student engaging, as a student, in work connected with	1176
a branch of cosmetology taught at the school of cosmetology at	1177
which the student is enrolled;	1178

(F) A public school student, who has earned licensure in a	1179
branch of cosmetology, in work connected with the branch of	1180
cosmetology if the services are provided at the licensed school	1181
clinic and are free. This allowance terminates upon the graduation	1182
of the student from the public school.	1183

Sec. 4713.17. (A) The following persons are exempt from the	1184
provisions of this chapter, except, as applicable, section 4713.42	1185
of the Revised Code:	1186

(1) All personsindividuals authorized to practice medicine,	1187
surgery, dentistry, and nursing or any of its branches in this	1188
state;	1189

(2) Commissioned surgical and medical officers of the United	1190
States army, navy, air force, or marine hospital service when	1191
engaged in the actual performance of their official duties, and	1192
attendants attached to same;	1193

(3) Barbers, insofar as their usual and ordinary vocation and	1194
profession is concerned;	1195

(4) Funeral directors, embalmers, and apprentices licensed or	1196
registered under Chapter 4717. of the Revised Code;	1197

(5) Persons who are engaged in the retail sale, cleaning, or	1198
beautification of wigs and hairpieces but who do not engage in any	1199
other act constituting the practice of a branch of cosmetology;	1200

(6) Volunteers of hospitals, and homes as defined in section	1201
3721.01 of the Revised Code, who render service to registered	1202
patients and inpatients who reside in such hospitals or homes.	1203
Such volunteers shall not use or work with any chemical products	1204
such as permanent wave, hair dye, or chemical hair relaxer, which	1205
without proper training would pose a health or safety problem to	1206
the patient.	1207

(7) Nurse aides and other employees of hospitals and homes as	1208
defined in section 3721.01 of the Revised Code, who practice a	1209
branch of cosmetology on registered patients only as part of	1210
general patient care services and who do not charge patients	1211
directly on a fee for service basis;	1212

(8) Cosmetic therapists and massage therapists who hold	1213
current, valid certificates to practice cosmetic or massage	1214
therapy issued by the state medical board under section 4731.15 of	1215
the Revised Code, to the extent their actions are authorized by	1216
their certificates to practice;	1217

(9) Inmates who provide services related to a branch of	1218
cosmetology to other inmates, except when those services are	1219
provided in a licensed school of cosmetology within a state	1220
correctional institution for females.	1221

(B) The director of rehabilitation and correction shall	1222
oversee the services described in division (A)(9) of this section	1223
with respect to sanitation and adopt rules governing those types	1224
of services provided by inmates.	1225

Sec. 4713.20. (A) Each personindividual who seeks admission	1226
to an examination conducted under section 4713.24 of the Revised	1227
Code and each person who seeks a license under this chapter shall	1228
do allsubmit both of the following:	1229

(1) Submit to the state board of cosmetology a written	1230
application containing:	1231

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

1232

(a) If the person seeks admission to an examination, that the	1233
personindividual satisfies all conditions to obtain the license	1234
for which the examination is conducted, other than the requirement	1235
to have passed the examination;	1236

(b) If the person seeks a license, that the person satisfies	1237
all conditions for obtaining the license.	1238

(2) Pay to the board the applicable fee;

1239

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

1240

(B) An application to operate a salon or school of	1241
cosmetology may be submitted by the owner, manager, or person in	1242
charge of the salon or schoolA set of the individual's	1243
fingerprint impressions.	1244

Sec. 4713.21. Both of the following may apply again under	1245
section 4713.20 of the Revised Code for admission to an	1246
examination conducted under section 4713.24 of the Revised Code:	1247

(A) A personAn individual who failed to appear for an	1248
examination that the personindividual was previously scheduled to	1249
take;	1250

(B) A personAn individual who appeared for a previously	1251
scheduled examination but failed to pass it.	1252

Sec. 4713.22. (A) The state board of cosmetology shall issue	1253
a temporary pre-examination work permit to a personan individual	1254
who applies under section 4713.20 of the Revised Code for	1255
admission to an examination conducted under division (A) of	1256
section 4713.24 of the Revised Code, if the personindividual	1257
satisfies all of the following conditions:	1258

(1) Is seeking a practicing license;

1259

(2) Has not previously failed an examination conducted under	1260
section 4713.24 of the Revised Code to determine the applicant's	1261
fitness to practice the branch of cosmetology for which the person	1262
individual seeks a license;	1263

(3) Pays to the board the applicable fee;

1264

(4) Satisfies all other conditions established by rules	1265
adopted under section 4713.08 of the Revised Code.	1266

(B) A personAn individual issued a temporary pre-examination	1267
work permit may practice the branch of cosmetology for which the	1268
personindividual seeks a license until the date the person	1269
individual is scheduled to take an examination under section	1270
4713.24 of the Revised Code. The personindividual shall practice	1271
under the supervision of a personan individual holding a current,	1272
valid managing license appropriate for the type of salon in which	1273
the permit holder practices. A temporary pre-examination work	1274
permit is renewable in accordance with rules adopted under section	1275
4713.08 of the Revised Code.	1276

Sec. 4713.24. (A) The state board of cosmetology shall	1277
conduct an examination for each personindividual who satisfies	1278
the requirements established by section 4713.20 of the Revised	1279
Code for admission to the examination. Examinations for licensure	1280
for any branch of cosmetology shall assess the ability of a	1281
prospective cosmetology professional to maintain a safe and	1282
sanitary place of service delivery. The board may develop and	1283
administer the appropriate examination or enter into an agreement	1284
with a national testing service to develop the examination,	1285
administer the examination, or both. The examination shall be	1286
specific to the type of license the personindividual seeks and	1287
satisfy all of the following conditions:	1288

(A)(1) Include both practical demonstrations and written or	1289
oral tests related to the type of license the personindividual	1290
seeks;	1291

(B)(2) Relate only to a branch of cosmetology, managing	1292
license, or both, but not be confined to any special system or	1293
method;	1294

(C)(3) Be consistent in both practical and technical	1295
requirements for the type of license the personindividual seeks;	1296

(D)(4) Be of sufficient thoroughness to satisfy the board as	1297
to the person'sindividual's skill in and knowledge of the branch	1298
of cosmetology, managing license, or both, for which the	1299
examination is conducted.	1300

(B) The board shall create an examination for individuals	1301
seeking licensure to become an instructor and shall conduct an	1302
examination for each individual who satisfies the requirements	1303
established pursuant to section 4713.31 of the Revised Code for	1304
admission to the examination. Examinations for licensure as an	1305
instructor shall assess an applicant's ability to educate students	1306
using standards established by the department of education and	1307
approved by the board.	1308

(C) The board shall adopt rules regarding the equipment or	1309
supplies an individual is required to bring to an examination	1310
described in this section.	1311

(D) The board shall not release the questions developed for	1312
the examinations and the practical demonstrations used in the	1313
testing process, except for the following purposes:	1314

(1) Reviewing or rewriting of any part of the examination on	1315
a periodic basis as prescribed in rules adopted under section	1316
4713.08 of the Revised Code;	1317

(2) Testing of individuals in another state for admission to	1318
the profession of cosmetology or any of its branches as required	1319
under a contract or by means of a license with that state.	1320

(E) The examination papers and the scored results of the	1321
practical demonstrations of each individual examined by the board	1322
shall be open for inspection by the individual or the individual's	1323
attorney for at least ninety days following the announcement of	1324
the individual's grade, except for papers that under the terms of	1325
a contract with a testing service are not available for	1326
inspection. On written request of an individual or the	1327
individual's attorney made to the board not later than ninety days	1328
after announcement of the individual's grade, the board shall have	1329
the individual's examination papers regraded manually.	1330

Sec. 4713.25. (A) The state board of cosmetology may	1331
administer a separate managingadvanced cosmetologist examination	1332
for personsindividuals who complete a managingan advanced	1333
cosmetologist training course separate from a cosmetologist	1334
training course. The board may combine the managingadvanced	1335
cosmetologist examination with the cosmetologist examination for	1336
personsindividuals who complete a combined eighteen hundred-hour	1337
cosmetologist and managingadvanced cosmetologist training course.	1338

(B) The board may administer a separate managingadvanced	1339
esthetician examination for personsindividuals who complete a	1340
managingan advanced esthetician training course separate from an	1341
esthetician training course. The board may combine the managing	1342
advanced esthetician examination with the esthetician examination	1343
for personsindividuals who complete a combined seven hundred	1344
fifty-houran esthetician and managingadvanced esthetician	1345
training course.	1346

(C) The board may administer a separate managingadvanced	1347
hair designer examination for personsindividuals who complete a	1348
managingan advanced hair designer training course separate from a	1349
hair designer training course. The board may combine the managing	1350
advanced hair designer examination with the hair designer	1351
examination for personsindividuals who complete a combined one	1352
thousand four hundred forty-hour hair designer and managing	1353
advanced hair designer training course.	1354

(D) The board may administer a separate managingadvanced	1355
manicurist examination for personsindividuals who complete a	1356
managingan advanced manicurist training course separate from a	1357
manicurist training course. The board may combine the managing	1358
advanced manicurist examination with the manicurist examination	1359
for personsindividuals who complete a combined three	1360
hundred-hour manicurist and managingadvanced manicurist training	1361
course.	1362

(E) The board may administer a separate managingadvanced	1363
natural hair stylist examination for personsindividuals who	1364
complete a managingan advanced natural hair stylist training	1365
course separate from a natural hair stylist training course. The	1366
board may combine the managingadvanced natural hair stylist	1367
examination with the natural hair stylist examination for persons	1368
individuals who complete a combined six hundred-hour natural hair	1369
stylist and managingadvanced natural hair stylist training	1370
course.	1371

Sec. 4713.26. Each personindividual admitted to an	1372
examination conducted under section 4713.24 of the Revised Code	1373
shall furnish the person'sindividual's own model.	1374

Sec. 4713.28. (A) The state board of cosmetology shall issue	1375
a practicing license to an applicant who, except as provided in	1376
section 4713.30 of the Revised Code, satisfies all of the	1377
following applicable conditions:	1378

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

1379

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

1380

(C)(3) Has the equivalent of an Ohio public school tenth	1381
grade education;	1382

(D)(4) Has submitted a written application on a form	1383
furnished by the board that contains all of the following:	1384

(a) The name of the individual and any other identifying	1385
information required by the board;	1386

(b) A recent photograph of the individual that meets the	1387
specifications established by the board;	1388

(c) A photocopy of the individual's current driver's license	1389
or other proof of legal residence in this state or contiguous	1390
state;	1391

(d) Proof that the individual is qualified to take the	1392
applicable examination as required by section 4713.20 of the	1393
Revised Code;	1394

(e) An oath verifying that the information in the application	1395
is true;	1396

(f) The applicable application fee.

1397

(5) Passes an examination conducted under division (A) of	1398
section 4713.24 of the Revised Code for the branch of cosmetology	1399
the applicant seeks to practice;	1400

(E)(6) Pays to the board the applicable license fee;

1401

(F)(7) In the case of an applicant for an initial	1402
cosmetologist license, has successfully completed at least fifteen	1403
one thousand five hundred hours of board-approved cosmetology	1404
training in a school of cosmetology licensed in this state, except	1405
that only one thousand hours of board-approved cosmetology	1406
training in a school of cosmetology licensed in this state is	1407
required of a personan individual licensed as a barber under	1408
Chapter 4709. of the Revised Code;	1409

(G)(8) In the case of an applicant for an initial esthetician	1410
license, has successfully completed at least six hundred hours of	1411
board-approved esthetics training in a school of cosmetology	1412
licensed in this state;	1413

(H)(9) In the case of an applicant for an initial hair	1414
designer license, has successfully completed at least one thousand	1415
two hundred hours of board-approved hair designer training in a	1416
school of cosmetology licensed in this state, except that only one	1417
thousand hours of board-approved hair designer training in a	1418
school of cosmetology licensed in this state is required of a	1419
personan individual licensed as a barber under Chapter 4709. of	1420
the Revised Code;	1421

(I)(10) In the case of an applicant for an initial manicurist	1422
license, has successfully completed at least two hundred hours of	1423
board-approved manicurist training in a school of cosmetology	1424
licensed in this state;	1425

(J)(11) In the case of an applicant for an initial natural	1426
hair stylist license, has successfully completed at least four	1427
hundred fifty hours of instruction in subjects relating to	1428
sanitation, scalp care, anatomy, hair styling, communication	1429
skills, and laws and rules governing the practice of cosmetology;.	1430

(K)(B) The board shall not deny a license to any applicant	1431
based on prior incarceration or conviction for any crime. If the	1432
board denies an individual a license or license renewal, the	1433
reasons for such denial shall be put in writing.	1434

Sec. 4713.30. The state board of cosmetology shall issue a	1435
managingan advanced license to an applicant who satisfies all of	1436
the following applicable conditions:	1437

(A) Is at least sixteen years of age;

1438

(B) Is of good moral character;

1439

(C) Has the equivalent of an Ohio public school tenth grade	1440
education;	1441

(D) Pays to the board the applicable fee;

1442

(E) Passes the appropriate managingadvanced license	1443
examination;	1444

(F) In the case of an applicant for an initial managing	1445
advanced cosmetologist license, does either of the following:	1446

(1) Has a licensed managingadvanced cosmetologist or owner	1447
of a licensed beauty salon located in this or another state	1448
certify to the board that the applicant has practiced as a	1449
cosmetologist for at least two thousand hours in a licensed beauty	1450
salon;	1451

(2) Has a school of cosmetology licensed in this state	1452
certify to the board that the applicant has successfully	1453
completed, in addition to the hours required for licensure as a	1454
cosmetologist, at least threeone hundred hours of board-approved	1455
managingadvanced cosmetologist training.	1456

(G) In the case of an applicant for an initial managing	1457
advanced esthetician license, does either of the following:	1458

(1) Has the licensed managingadvanced esthetician, licensed	1459
managingadvanced cosmetologist, or owner of a licensed esthetics	1460
salon or licensed beauty salon located in this or another state	1461
certify to the board that the applicant has practiced esthetics	1462
for at least two thousand hours as an esthetician in a licensed	1463
esthetics salon or as a cosmetologist in a licensed beauty salon;	1464

(2) Has a school of cosmetology licensed in this state	1465
certify to the board that the applicant has successfully	1466
completed, in addition to the hours required for licensure as an	1467
esthetician or cosmetologist, at least one hundred fifty hours of	1468
board-approved managingadvanced esthetician training.	1469

(H) In the case of an applicant for an initial managing	1470
advanced hair designer license, does either of the following:	1471

(1) Has the licensed managingadvanced hair designer,	1472
licensed managingadvanced cosmetologist, or owner of a licensed	1473
hair design salon or licensed beauty salon located in this or	1474
another state certify to the board that the applicant has	1475
practiced hair design for at least two thousand hours as a hair	1476
designer in a licensed hair design salon or as a cosmetologist in	1477
a licensed beauty salon;	1478

(2) Has a school of cosmetology licensed in this state	1479
certify to the board that the applicant has successfully	1480
completed, in addition to the hours required for licensure as a	1481
hair designer or cosmetologist, at least twoone hundred forty	1482
hours of board-approved managingadvanced hair designer training.	1483

(I) In the case of an applicant for an initial managing	1484
advanced manicurist license, does either of the following:	1485

(1) Has the licensed managingadvanced manicurist, licensed	1486
managingadvanced cosmetologist, or owner of a licensed nail	1487
salon, licensed beauty salon, or licensed barber shop located in	1488
this or another state certify to the board that the applicant has	1489
practiced manicuring for at least two thousand hours as a	1490
manicurist in a licensed nail salon or licensed barber shop or as	1491
a cosmetologist in a licensed beauty salon or licensed barber	1492
shop;	1493

(2) Has a school of cosmetology licensed in this state	1494
certify to the board that the applicant has successfully	1495
completed, in addition to the hours required for licensure as a	1496
manicurist or cosmetologist, at least one hundred hours of	1497
board-approved managingadvanced manicurist training.	1498

(J) In the case of an applicant for an initial managing	1499
advanced natural hair stylist license, does either of the	1500
following:	1501

(1) Has the licensed managingadvanced natural hair stylist,	1502
licensed managingadvanced cosmetologist, or owner of a licensed	1503
natural hair style salon or licensed beauty salon located in this	1504
or another state certify to the board that the applicant has	1505
practiced natural hair styling for at least two thousand hours as	1506
a natural hair stylist in a licensed natural hair style salon or	1507
as a cosmetologist in a licensed beauty salon;	1508

(2) Has a school of cosmetology licensed in this state	1509
certify to the board that the applicant has successfully	1510
completed, in addition to the hours required for licensure as	1511
natural hair stylist or cosmetologist, at least one hundred fifty	1512
hours of board-approved managingadvanced natural hair stylist	1513
training.	1514

Sec. 4713.31. The state board of cosmetology shall issue an	1515
instructor license to an applicant who satisfies all of the	1516
following applicable conditions:	1517

(A) Is at least eighteen years of age;

1518

(B) Is of good moral character;

1519

(C) Has the equivalent of an Ohio public school twelfth grade	1520
education;	1521

(D) Pays to the board the applicable fee;

1522

(E) In the case of an applicant for an initial cosmetology	1523
instructor license, holds a current, valid managingadvanced	1524
cosmetologist license issued in this state and does either of the	1525
following:	1526

(1) Has the licensed managingadvanced cosmetologist or owner	1527
of the licensed beauty salon in which the applicant has been	1528
employed certify to the board that the applicant has engaged in	1529
the practice of cosmetology in a licensed beauty salon for at	1530
least two thousand hours;	1531

(2) Has a school of cosmetology licensed in this state	1532
certify to the board that the applicant has successfully completed	1533
one thousand hours of board-approved cosmetology instructor	1534
training as an apprentice instructor.	1535

(F) In the case of an applicant for an initial esthetics	1536
instructor license, holds a current, valid managingadvanced	1537
esthetician or managingadvanced cosmetologist license issued in	1538
this state and does either of the following:	1539

(1) Has the licensed managingadvanced esthetician, licensed	1540
managingadvanced cosmetologist, or owner of the licensed	1541
esthetics salon or licensed beauty salon in which the applicant	1542
has been employed certify to the board that the applicant has	1543
engaged in the practice of esthetics in a licensed esthetics salon	1544
or practice of cosmetology in a licensed beauty salon for at least	1545
two thousand hours;	1546

(2) Has a school of cosmetology licensed in this state	1547
certify to the board that the applicant has successfully completed	1548
at least five hundred hours of board-approved esthetics instructor	1549
training as an apprentice instructor.	1550

(G) In the case of an applicant for an initial hair design	1551
instructor license, holds a current, valid managingadvanced hair	1552
designer or managingadvanced cosmetologist license and does	1553
either of the following:	1554

(1) Has the licensed managingadvanced hair designer,	1555
licensed managingadvanced cosmetologist, or owner of the licensed	1556
hair design salon or licensed beauty salon in which the applicant	1557
has been employed certify to the board that the applicant has	1558
engaged in the practice of hair design in a licensed hair design	1559
salon or practice of cosmetology in a licensed beauty salon for at	1560
least two thousand hours;	1561

(2) Has a school of cosmetology licensed in this state	1562
certify to the board that the applicant has successfully completed	1563
at least eight hundred hours of board-approved hair design	1564
instructor's training as an apprentice instructor.	1565

(H) In the case of an applicant for an initial manicurist	1566
instructor license, holds a current, valid managingadvanced	1567
manicurist or managingadvanced cosmetologist license and does	1568
either of the following:	1569

(1) Has the licensed managingadvanced manicurist, licensed	1570
managingadvanced cosmetologist, or owner of the licensed nail	1571
salon or licensed beauty salon in which the applicant has been	1572
employed certify to the board that the applicant has engaged in	1573
the practice of manicuring in a licensed nail salon or practice of	1574
cosmetology in a licensed beauty salon for at least two thousand	1575
hours;	1576

(2) Has a school of cosmetology licensed in this state	1577
certify to the board that the applicant has successfully completed	1578
at least three hundred hours of board-approved manicurist	1579
instructor training as an apprentice instructor.	1580

(I) In the case of an applicant for an initial natural hair	1581
style instructor license, holds a current, valid managingadvanced	1582
natural hair stylist or managingadvanced cosmetologist license	1583
and does either of the following:	1584

(1) Has the licensed managingadvanced natural hair stylist,	1585
licensed managingadvanced cosmetologist, or owner of the licensed	1586
natural hair style salon or licensed beauty salon in which the	1587
applicant has been employed certify to the board that the	1588
applicant has engaged in the practice of natural hair styling in a	1589
licensed natural hair style salon or practice of cosmetology in a	1590
licensed beauty salon for at least two thousand hours;	1591

(2) Has a school of cosmetology licensed in this state	1592
certify to the board that the applicant has successfully completed	1593
at least four hundred hours of board-approved natural hair style	1594
instructor training as an apprentice instructor.	1595

(J) In the case of all applicants, has a school of	1596
cosmetology in this state certify to the board that the applicant	1597
has successfully completed courses in educating students using	1598
standards established by the department of education and approved	1599
by the board.	1600

Sec. 4713.34.  The state board of cosmetology shall issue a	1601
license to practice a branch of cosmetology, managing license, or	1602
instructor license to an applicant who is licensed or registered	1603
in another state or country to practice that branch of	1604
cosmetology, manage that type of salon, or teach the theory and	1605
practice of that branch of cosmetology, as appropriate, if all of	1606
the following conditions are satisfied:	1607

(A) The applicant satisfies all of the following conditions:

1608

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

1609

(2) Is of good moral character;

1610

(3) In the case of an applicant for a practicing license or	1611
managing license, passes an examination conducted under section	1612
4713.24 of the Revised Code for the license the applicant seeks,	1613
unless the applicant satisfies conditions specified in rules	1614
adopted under section 4713.08 of the Revised Code for the board to	1615
issue the applicant a license without taking the examination;	1616

(4) Pays the applicable fee.

1617

(B) At the time the applicant obtained the license or	1618
registration in the other state or country, the requirements in	1619
this state for obtaining the license the applicant seeks were	1620
substantially equal to the other state or country's requirements.	1621

(C) The jurisdiction that issued the applicant's license or	1622
registration extends similar reciprocity to personsindividuals	1623
holding a license issued by the board.	1624

Sec. 4713.35. A person(A)(1) An individual who holds a	1625
current, valid cosmetologist or advanced cosmetologist license	1626
issued by the state board of cosmetology may engage in the	1627
practice of one or more branches of cosmetology as the person	1628
individual chooses in a licensed facility.	1629

A person(2) An individual who holds a current, valid	1630
esthetician or advanced esthetician license issued by the board	1631
may engage in the practice of esthetics but no other branch of	1632
cosmetology in a licensed facility.	1633

A person(3) An individual who holds a current, valid hair	1634
designer or advanced hair designer license issued by the board may	1635
engage in the practice of hair design but no other branch of	1636
cosmetology in a licensed facility.	1637

A person(4) An individual who holds a current, valid	1638
manicurist or advanced manicurist license issued by the board may	1639
engage in the practice of manicuring but no other branch of	1640
cosmetology in a licensed facility.	1641

A person(5) An individual who holds a current, valid natural	1642
hair stylist or advanced natural hairstylist license issued by the	1643
board may engage in the practice of natural hair styling but no	1644
other branch of cosmetology in a licensed facility.	1645

A person who holds a current, valid managing cosmetologist	1646
license issued by the board may manage all types of salons and	1647
engage in the practice of one or more branches of cosmetology as	1648
the person chooses.	1649

A person who holds a current, valid managing esthetician	1650
license issued by the board may manage an esthetics salon, but no	1651
other type of salon, and engage in the practice of esthetics, but	1652
no other branch of cosmetology.	1653

A person who holds a current, valid managing hair designer	1654
license issued by the board may manage a hair design salon, but no	1655
other type of salon, and engage in the practice of hair design,	1656
but no other branch of cosmetology.	1657

A person who holds a current, valid managing manicurist	1658
license issued by the board may manage a nail salon, but no other	1659
type of salon, and engage in the practice of manicuring, but no	1660
other branch of cosmetology.	1661

A person who holds a current, valid managing natural hair	1662
stylist license issued by the board may manage a natural hair	1663
style salon, but no other type of salon, and engage in the	1664
practice of natural hair styling, but no other branch of	1665
cosmetology.	1666

A person(6) An individual who holds a current, valid	1667
cosmetology instructor license issued by the board may teach the	1668
theory and practice of one or more branches of cosmetology at a	1669
school of cosmetology as the personindividual chooses.	1670

A person(7) An individual who holds a current, valid	1671
esthetics instructor license issued by the board may teach the	1672
theory and practice of esthetics, but no other branch of	1673
cosmetology, at a school of cosmetology.	1674

A person(8) An individual who holds a current, valid hair	1675
design instructor license issued by the board may teach the theory	1676
and practice of hair design, but no other branch of cosmetology,	1677
at a school of cosmetology.	1678

A person(9) An individual who holds a current, valid	1679
manicurist instructor license issued by the board may teach the	1680
theory and practice of manicuring, but no other branch of	1681
cosmetology, at a school of cosmetology.	1682

A person(10) An individual who holds a current, valid	1683
natural hair style instructor license issued by the board may	1684
teach the theory and practice of natural hair styling, but no	1685
other branch of cosmetology, at a school of cosmetology.	1686

(11) An individual who holds a current, valid boutique	1687
registration with the board may engage in the practice of boutique	1688
services but no other branch of cosmetology.	1689

(B) All newly licensed individuals with no related work	1690
history under this chapter shall complete a six-month	1691
apprenticeship in a salon prior to practicing without supervision	1692
in a salon. This division does not apply to independent	1693
contractors or instructors.	1694

Sec. 4713.36. A licensed manicurist or licensed managing	1695
advanced manicurist may engage in the practice of manicuring at a	1696
nail salon or beauty salon licensed under section 4713.41 of the	1697
Revised Code or a barber shop licensed under Chapter 4709. of the	1698
Revised Code.	1699

Sec. 4713.37. (A) The state board of cosmetology may issue a	1700
temporary special occasion work permit to a personan individual	1701
who satisfies all of the following conditions:	1702

(1) Has been licensed or registered in another state or	1703
country to practice a branch of cosmetology or teach the theory	1704
and practice of a branch of cosmetology for at least five years;	1705

(2) Is a recognized expert in the practice or teaching of the	1706
branch of cosmetology the personindividual practices or teaches;	1707

(3) Is to practice that branch of cosmetology or teach the	1708
theory and practice of that branch of cosmetology in this state as	1709
part of a promotional or instructional program for not more than	1710
the amount of time a temporary special occasion work permit is	1711
effective;	1712

(4) Satisfies all other conditions for a temporary special	1713
occasion work permit established by rules adopted under section	1714
4713.08 of the Revised Code;	1715

(5) Pays the fee established by rules adopted under section	1716
4713.08 of the Revised Code.	1717

(B) A personAn individual issued a temporary special	1718
occasion work permit may practice the branch of cosmetology the	1719
personindividual practices in another state or country, or teach	1720
the theory and practice of the branch of cosmetology the person	1721
individual teaches in another state or country, until the	1722
expiration date of the permit. A temporary special occasion work	1723
permit is valid for the period of time specified in rules adopted	1724
under section 4713.08 of the Revised Code.	1725

Sec. 4713.39. The state board of cosmetology shall issue a	1726
license to engage in the practice of a branch of cosmetology as an	1727
independent contractor to an applicant who pays the applicable	1728
fee; holds a current, valid advanced license to managefor the	1729
type of salon in which the applicant will practice that branch of	1730
cosmetology; and satisfies the conditions for the license	1731
established by rules adopted under section 4713.08 of the Revised	1732
Code.	1733

Sec. 4713.41.  The state board of cosmetology shall issue a	1734
license to operate a salon to an applicant who pays the applicable	1735
fee and affirms that all of the following conditions will be met:	1736

(A)(1) A personAn individual holding a current, valid	1737
managing cosmetologist license or license to manage that type of	1738
salon has charge of and immediate supervision overpertaining to	1739
the branch of cosmetology services performed at the salon, shall	1740
be present at the salon at all times when the salon is open for	1741
business except as permitted under division (A)(2) of this	1742
section.	1743

(2) A business establishment that is engaged primarily in	1744
retail sales but is also licensed as a salon shall have a person	1745
present an individual holding a current, valid managing license	1746
for that type of salon in charge of and in immediate supervision	1747
of the salon during posted or advertised service hours, if the	1748
practice of cosmetology is restricted to those posted or	1749
advertised service hours.	1750

(B) The salon is equipped to do all of the following:

1751

(1) Provide potable running hot and cold water and proper	1752
drainage;	1753

(2) Sanitize all instruments and supplies used in the branch	1754
of cosmetology provided at the salon;	1755

(3) If cosmetic therapy, massage therapy, or other	1756
professional service is provided at the salon under section	1757
4713.42 of the Revised Code, sanitize all instruments and supplies	1758
used in the cosmetic therapy, massage therapy, or other	1759
professional service.	1760

(C) Except as provided in sections 4713.42 and 4713.49 of the	1761
Revised Code, only the branch of cosmetology that the salon is	1762
licensed to provide is practiced at the salon.	1763

(D) The salon is kept in a clean and sanitary condition and	1764
properly ventilated.	1765

(E) No food is sold at the salon in a manner inconsistent	1766
with rules adopted under section 4713.08 of the Revised Code.	1767

(F) A notice that contains a toll-free number and online	1768
process for reporting alleged violations of this chapter, as	1769
prescribed by the board of cosmetology, is posted at the salon in	1770
a common area for all customers of salon services.	1771

(G) All newly licensed individuals with no related work	1772
history under this chapter shall be required by the operator to	1773
complete a six-month apprenticeship in the salon prior to	1774
practicing without supervision in the salon. This division does	1775
not apply to independent contractors or instructors.	1776

Sec. 4713.42. A personAn individual holding a current, valid	1777
certificate issued under section 4731.15 of the Revised Code to	1778
provide cosmetic therapy or massage therapy may provide cosmetic	1779
therapy or massage therapy, as appropriate, in a salon. A person	1780
An individual holding a current, valid license or certificate	1781
issued by a professional regulatory board of this state may	1782
practice the person'sindividual's profession in a salon if the	1783
person'sindividual's profession is authorized by rules adopted	1784
under section 4713.08 of the Revised Code to practice in a salon.	1785

A personAn individual providing cosmetic therapy, massage	1786
therapy, or other professional service in a salon pursuant to this	1787
section shall satisfy the standards established by rules adopted	1788
under section 4713.08 of the Revised Code.	1789

Sec. 4713.44. (A) The state board of cosmetology shall issue	1790
a license to operate a school of cosmetology to an applicant who	1791
pays the applicable fee and satisfies all of the following	1792
requirements:	1793

(1) Maintains a course of practical training and technical	1794
instruction for the branch or branches of cosmetology to be taught	1795
at the school equal to the requirements for admission to an	1796
examination under section 4713.24 of the Revised Code that a	1797
personan individual must pass to obtain a license to practice	1798
that branch or those branches of cosmetology;	1799

(2) Possesses or makes available apparatus and equipment	1800
sufficient for the ready and full teaching of all subjects of the	1801
curriculum;	1802

(3) Maintains personsindividuals licensed under section	1803
4713.31 or 4713.34 of the Revised Code to teach the theory and	1804
practice of the branches of cosmetology;	1805

(4) Notifies the board of the enrollment of each new student,	1806
keeps a record devoted to the different practices, establishes	1807
grades, and holds examinations in order to certify the students'	1808
completion of the prescribed course of study before the issuance	1809
of certificates of completion;	1810

(5) In the case of a school of cosmetology that offers clock	1811
hours for the purpose of satisfying minimum hours of training and	1812
instruction, keeps a daily record of the attendance of each	1813
student;	1814

(6) On the date that an apprentice cosmetology instructor	1815
begins cosmetology instructor training at the school, certifies	1816
the name of the apprentice cosmetology instructor to the board	1817
along with the date on which the apprentice's instructor training	1818
began;	1819

(7) Instructs not more than six apprentice cosmetology	1820
instructors at any one time;	1821

(8) Files with the board a good and sufficient surety bond	1822
executed by the personindividual, firm, or corporation operating	1823
the school of cosmetology as principal and by a surety company as	1824
surety in the amount of ten thousand dollars; provided, that this	1825
requirement does not apply to a vocational or career-technical	1826
school program conducted by a city, exempted village, local, or	1827
joint vocational school district. The bond shall be in the form	1828
prescribed by the board and be conditioned upon the school's	1829
continued instruction in the theory and practice of the branches	1830
of cosmetology. Every bond shall continue in effect until notice	1831
of its termination is given to the board by registered mail and	1832
every bond shall so provide.	1833

(9) Establishes and maintains an internal procedure for	1834
processing complaints filed against the school and for providing	1835
students with instructions on how to file a complaint directly	1836
with the board pursuant to section 4713.641 of the Revised Code.	1837

(B) A school of cosmetology holding a license issued under	1838
division (A) of this section is an educational institution and is	1839
authorized to offer educational programs beyond secondary	1840
education, advanced practice programs, or both in accordance with	1841
rules adopted by the board pursuant to section 4713.08 of the	1842
Revised Code.	1843

(C) A school of cosmetology holding a license to operate a	1844
school of cosmetology on the effective date of this amendment	1845
September 29, 2013, shall establish and maintain an internal	1846
procedure for processing complaints filed against the school and	1847
shall provide each of the school's students with instructions on	1848
how to file a complaint directly with the board pursuant to	1849
section 4713.641 of the Revised Code.	1850

Sec. 4713.45. (A) A school of cosmetology may do the	1851
following:	1852

(1) In accordance with rules adopted under section 4713.08 of	1853
the Revised Code, a school of cosmetology operated by a public	1854
entity or a private person may offer clock hours, credit hours, or	1855
competency-based credits, and a school of cosmetology that is	1856
operated by a private person may offer clock or credit hours, for	1857
the purpose of satisfying minimum hours of training and	1858
instruction;	1859

(2) Allow an apprentice cosmetology instructor the regular	1860
quota of students prescribed by the state board of cosmetology if	1861
a cosmetology instructor is present;	1862

(3) Compensate an apprentice cosmetology instructor;

1863

(4) Subject to division (B) of this section, employ a person	1864
an individual who does not hold a current, valid instructor	1865
license to teach subjects related to a branch of cosmetology.	1866

(B) A school of cosmetology shall have a licensed cosmetology	1867
instructor present when a personan individual employed pursuant	1868
to division (A)(4) of this section teaches at the school, unless	1869
the personindividual is one of the following:	1870

(1) A personAn individual with a current, valid teacher's	1871
certificate or educator license issued by the state board of	1872
education;	1873

(2) A personAn individual with a bachelor's degree in the	1874
subject the person teaches at the school;	1875

(3) A personAn individual also employed by a university or	1876
college to teach the subject the person teaches at the school.	1877

(C) A school of cosmetology shall annually review the	1878
subjects and coursework required to receive an initial cosmetology	1879
license and advanced license and, in doing so, shall incorporate	1880
standards adopted by the state board of cosmetology pursuant to	1881
division (A)(13) of section 4713.08 of the Revised Code.	1882

Sec. 4713.48.  (A) The state board of cosmetology shall issue	1883
a permit to operate a tanning facility to an applicant if allboth	1884
of the following conditions are satisfied:	1885

(1) The applicant applies in accordance with the application	1886
process adopted by rules adopted under section 4713.08 of the	1887
Revised Code.	1888

(2) The applicant pays to the treasurer of state the fee	1889
established by those rules.	1890

(3) An initial inspection of the premises indicates that the	1891
tanning facility has been installed and will be operated in	1892
accordance with those rules.	1893

(B) A permit holder shall post the permit in a public and	1894
conspicuous place on any premises where the tanning facility is	1895
located. A personAn individual shall obtain a separate permit for	1896
each of the premises owned or operated by that personindividual	1897
at which the personindividual seeks to operate a tanning	1898
facility.	1899

(C) ATo continue operating, a permit holder mayshall	1900
biennially renew athe permit by the last day of January of each	1901
odd-numbered year upon. The board shall renew the permit upon the	1902
holder's payment to the treasurer of state of the biennial renewal	1903
fee.	1904

Sec. 4713.55. Every license issued by the state board of	1905
cosmetology shall be signed by the chairperson and attested by the	1906
executive director thereofof the board, with the seal of the	1907
board attached.	1908

The board shall specify on each practicing license that the	1909
board issues the branch of cosmetology that the license entitles	1910
the holder to practice. The board shall specify on each managing	1911
advanced license that the board issues the type of salon thatin	1912
which the license entitles the holder to managework and the	1913
branch of cosmetology that the license entitles the holder to	1914
practice. The board shall specify on each instructor license that	1915
the board issues the branch of cosmetology that the license	1916
entitles the holder to teach. The board shall specify on each	1917
salon license that the board issues the branch of cosmetology that	1918
the license entitles the holder to offer. The board shall specify	1919
on each independent contractor license that the board issues the	1920
branch of cosmetology that the license entitles the holder to	1921
offer within a licensed salon. Such licenses are prima-facie	1922
evidence of the right of the holder to practice or teach the	1923
branch of cosmetology, or manage the type of salon, that the	1924
license specifies.	1925

Sec. 4713.56. Every holder of a practicing license, managing	1926
license, instructor license, or independent contractor license, or	1927
boutique services registration issued by the state board of	1928
cosmetology shall displaymaintain the license in a public and	1929
conspicuous place in the place of employment of the holderand a	1930
state of Ohio issued photo identification that can be produced	1931
upon inspection or request.	1932

Every holder of a license to operate a salon issued by the	1933
board shall display the license in a public and conspicuous place	1934
in the salon.	1935

Every holder of a license to operate a school of cosmetology	1936
issued by the board shall display the license in a public and	1937
conspicuous place in the school.	1938

Every personindividual who provides cosmetic therapy,	1939
massage therapy, or other professional service in a salon under	1940
section 4713.42 of the Revised Code shall displaymaintain the	1941
person'sindividual's professional license or certificate in a	1942
public and conspicuous place in the room used for the therapy or	1943
other serviceand a state of Ohio issued photo identification that	1944
can be produced upon inspection or request.	1945

Sec. 4713.57. A license or registration issued by the state	1946
board of cosmetology is valid until the last day of January of the	1947
odd-numbered yearfor at least two years following its original	1948
issuance or renewal, unless the license is revoked or suspended	1949
prior to that date. RenewalBeginning January 1, 2015, renewal	1950
shall be donecompleted on the licensee's first birthdate that	1951
occurs on or after two years from the issuance or prior renewal of	1952
the license in accordance with the standard renewal procedure of	1953
Chapter 4745. of the Revised Code. The board may refuse to renew a	1954
license if the personindividual holding the license has an	1955
outstanding unpaid fine levied under section 4713.64 of the	1956
Revised Code.	1957

Sec. 4713.58. (A) Except as provided in division (B) of this	1958
section, on payment of the renewal fee and submission of proof	1959
satisfactory to the state board of cosmetology that any applicable	1960
continuing education requirements have been completed, a personan	1961
individual currently licensed as:	1962

(1) A cosmetology instructor who has previously been licensed	1963
as a cosmetologist or a managingan advanced cosmetologist, is	1964
entitled to the reissuance of a cosmetologist or managingadvanced	1965
cosmetologist license;	1966

(2) An esthetics instructor who has previously been licensed	1967
as an esthetician or a managingan advanced esthetician, is	1968
entitled to the reissuance of an esthetician or managingadvanced	1969
esthetician license;	1970

(3) A hair design instructor who has previously been licensed	1971
as a hair designer or a managingan advanced hair designer, is	1972
entitled to the reissuance of a hair designer or managingadvanced	1973
hair designer license;	1974

(4) A manicurist instructor who has previously been licensed	1975
as a manicurist or a managingan advanced manicurist, is entitled	1976
to the reissuance of a manicurist or managingadvanced manicurist	1977
license;	1978

(5) A natural hair style instructor who has previously been	1979
licensed as a natural hair stylist or a managingan advanced	1980
natural hair stylist, is entitled to the reissuance of a natural	1981
hair stylist or managingadvanced natural hair stylist license.	1982

(B) No personindividual is entitled to the reissuance of a	1983
license under division (A) of this section if the license was	1984
revoked or suspended or the personindividual has an outstanding	1985
unpaid fine levied under section 4713.64 of the Revised Code.	1986

Sec. 4713.59. If the state board of cosmetology adopts rules	1987
under section 4713.09 of the Revised Code to establish a	1988
continuing education requirement as a condition of renewal for a	1989
practicing license, managingadvanced license, or instructor	1990
license, the board shall inform each affected licensee of the	1991
continuing education requirement that applies to the next biennial	1992
licensing period by including a notification in the license	1993
renewal application form it sends the licensee. The notification	1994
shall state that the licensee must complete the continuing	1995
education requirement by the last day of January of the next	1996
odd-numbered year.	1997

Hours completed in excess of the continuing education	1998
requirement may not be applied to the next biennial licensing	1999
period.	2000

Sec. 4713.60. (A) Except as provided in division (C) of this	2001
section, a personan individual seeking a renewal of a license to	2002
practice a branch of cosmetology, managingadvanced license, or	2003
instructor license, or boutique services registration shall	2004
include in the renewal application proof satisfactory to the board	2005
of completion of any applicable continuing education requirements	2006
established by rules adopted under section 4713.09 of the Revised	2007
Code.	2008

(B) If an applicant fails to provide satisfactory proof of	2009
completion of any applicable continuing education requirements,	2010
the board shall notify the applicant that the application is	2011
incomplete. The board shall not renew the license or registration	2012
until the applicant provides satisfactory proof of completion of	2013
any applicable continuing education requirements. The board may	2014
provide the applicant with an extension of up to ninety days in	2015
which to complete the continuing education requirement. In	2016
providing for the extension, the board may charge the licensee or	2017
registrant a fine of up to one hundred dollars.	2018

(C) The board may waive, or extend the period for completing,	2019
any continuing education requirement if a licensee or registrant	2020
applies to the board and provides proof satisfactory to the board	2021
of being unable to complete the requirement within the time	2022
allowed because of any of the following:	2023

(1) An emergency;

2024

(2) An unusual or prolonged illness;

2025

(3) Active duty service in any branch of the armed forces of	2026
the United States or a reserve component of the armed forces of	2027
the United States, including the Ohio national guard or the	2028
national guard of any other state.	2029

The board shall determine the period of time during which	2030
each extension is effective and shall inform the applicant. The	2031
board shall also inform the applicant of the continuing education	2032
requirements that must be met to have the license or registration	2033
renewed. If an extension is granted for less than one year, the	2034
continuing education requirement for that year, in addition to the	2035
required continuing education for the succeeding year, must be	2036
completed in the succeeding year. In all other cases the board may	2037
waive all or part of the continuing education requirement on a	2038
case-by-case basis. Any required continuing education shall be	2039
completed and satisfactory proof of its completion submitted to	2040
the board by a date specified by the board. Every license whichor	2041
registration that has not been renewed in any odd-numbered year by	2042
the last day of January and for which the continuing education	2043
requirement has not been waived or extended shall be considered	2044
expired.	2045

Sec. 4713.61. (A) If the state board of cosmetology adopts a	2046
continuing education requirement under section 4713.09 of the	2047
Revised Code, it may develop a procedure by which a personan	2048
individual who holds a license to practice a branch of	2049
cosmetology, managingadvanced license, or instructor license and	2050
who is not currently engaged in the practice of the branch of	2051
cosmetology, managing a salon, or teaching the theory and practice	2052
of the branch of cosmetology, but who desires to be so engaged in	2053
the future, may apply to the board to have the person's	2054
individual's license classified inactivein escrow. If the board	2055
develops such a procedure, a personan individual seeking to have	2056
the person'sindividual's license classified inactivein escrow	2057
shall apply to the board on a form provided by the board and pay	2058
the fee established by rules adopted under section 4713.08 of the	2059
Revised Code.	2060

(B) The board shall not restore an inactivea license in	2061
escrow until the later of the following:	2062

(1) The date that the personindividual holding the license	2063
submits proof satisfactory to the board that the personindividual	2064
has completed the continuing education that a rule adopted under	2065
section 4713.08 of the Revised Code requires;	2066

(2) The last day of January of the next odd-numbered year	2067
following the year the license is classified inactivein escrow.	2068

(C) A personAn individual who holds an inactivea license in	2069
escrow may engage in the practice of a branch of cosmetology if	2070
the personindividual holds a temporary work permit as specified	2071
in rules adopted by the board under section 4713.08 of the Revised	2072
Code.	2073

Sec. 4713.62. (A) A personAn individual holding a practicing	2074
license, managingadvanced license, or instructor license, or	2075
boutique services registration may satisfy a continuing education	2076
requirement established by rules adopted under section 4713.09 of	2077
the Revised Code only by completing continuing education programs	2078
approved under division (B) of this section or developed under	2079
division (C) of this section.	2080

(B) The state board of cosmetology shall approve a continuing	2081
education program if all of the following conditions are	2082
satisfied:	2083

(1) The person operating the program submits to the board a	2084
written application for approval.	2085

(2) The person operating the program pays to the board a fee	2086
established by rules adopted under section 4713.08 of the Revised	2087
Code.	2088

(3) The program is operated by an employee, officer, or	2089
director of a nonprofit professional association, college or	2090
university, proprietary continuing education institutions	2091
providing programs approved by the board, vocational school,	2092
postsecondary proprietary school of cosmetology licensed by the	2093
board, salon licensed by the board, or manufacturer of supplies or	2094
equipment used in the practice of a branch of cosmetology.	2095

(4) The program will do at least one of the following:

2096

(a) Enhance the professional competency of the affected	2097
licensees or registrants;	2098

(b) Protect the public;

2099

(c) Educate the affected licensees or registrants in the	2100
application of the laws and rules regulating the practice of a	2101
branch of cosmetology.	2102

(5) The person operating the program provides the board a	2103
tentative schedule of when the program will be available so that	2104
the board can make the schedule readily available to all licensees	2105
and registrants throughout the state.	2106

Sec. 4713.63. A practicing license, managingadvanced	2107
license, or instructor license that has not been renewed for any	2108
reason other than because it has been revoked, suspended, or	2109
classified inactivein escrow, or because the license holder has	2110
been given a waiver or extension under section 4713.60 of the	2111
Revised Code, is expired. An expired license may be restored if	2112
the personindividual who held the license meets all of the	2113
following applicable conditions:	2114

(A) Pays to the state board of cosmetology the restoration	2115
fee, the current renewal fee, and any applicable late fees;	2116

(B) Pays a lapsed renewal fee of forty-five dollars per	2117
license renewal period that has elapsed since the license was last	2118
issued or renewed;	2119

(C) In the case of a practicing license or managingadvanced	2120
license that has been expired for more than two consecutive	2121
license renewal periods, completes eight hours of continuing	2122
education for each license renewal period that has elapsed since	2123
the license was last issued or renewed, up to a maximum of	2124
twenty-four hours. At least four of those hours shall include a	2125
course pertaining to sanitation and safety methods.	2126

The board shall deposit all fees it receives under division	2127
(B) of this section into the general revenue fund.	2128

Sec. 4713.64. (A) The state board of cosmetology may take	2129
disciplinary action for any of the following:	2130

(1) Failure to comply with the safety and sanitation	2131
requirements of this chapter or rules adopted under it;	2132

(2) Continued practice by a personan individual knowingly	2133
having an infectious or contagious disease;	2134

(3) Habitual drunkenness or addiction to any habit-forming	2135
drug;	2136

(4) Willful false and fraudulent or deceptive advertising;

2137

(5) Falsification of any record or application required to be	2138
filed with the board;	2139

(6) Failure to pay a fine or abide by a suspension order	2140
issued by the board;	2141

(7) Failure to cooperate with an investigation or inspection;

2142

(8) Failure to respond to a subpoena;

2143

(9) Conviction of or plea of guilty to a violation of section	2144
2905.32 of the Revised Code;	2145

(10) In the case of a salon, any person's conviction of or	2146
plea of guilty to a violation of section 2905.32 of the Revised	2147
Code for an activity that took place on the premises of the salon.	2148

(B) On determining that there is cause for disciplinary	2149
action, the board may do one or more of the following:	2150

(1) Deny, revoke, or suspend a license or, permit or	2151
registration issued by the board;	2152

(2) Impose a fine;

2153

(3) Require the holder of a license or, permit or	2154
registration to take corrective action courses.	2155

(C)(1) Except as provided in divisions (C)(2) and (3) of this	2156
section, the board shall take disciplinary action pursuant to an	2157
adjudication under Chapter 119. of the Revised Code.	2158

(2) The board may take disciplinary action without conducting	2159
an adjudication under Chapter 119. of the Revised Code against an	2160
individual or salon who violates division (A)(9) or (10) of this	2161
section. After the board takes such disciplinary action, the board	2162
shall give written notice to the subject of the disciplinary	2163
action of the right to request a hearing under Chapter 119. of the	2164
Revised Code.	2165

(3) In lieu of an adjudication, the board may enter into a	2166
consent agreement with the holder of a license, permit, or	2167
registration. A consent agreement that is ratified by a majority	2168
vote of a quorum of the board members is considered to constitute	2169
the findings and orders of the board with respect to the matter	2170
addressed in the agreement. If the board does not ratify a consent	2171
agreement, the admissions and findings contained in the agreement	2172
are of no effect, and the case shall be scheduled for adjudication	2173
under Chapter 119. of the Revised Code.	2174

(D) The amount and content of corrective action courses and	2175
other relevant criteria shall be established by the board in rules	2176
adopted under section 4713.08 of the Revised Code.	2177

(D)(E)(1) The board may impose a separate fine for each	2178
offense listed in division (A) of this section. The amount of a	2179
the first fine issued for a violation as the result of an	2180
inspection shall be not more than fivetwo hundred fifty dollars	2181
if the violator has not previously been fined for that offense.	2182
Any fines issued for additional violations during such an	2183
inspection shall not be more than one hundred dollars for each	2184
additional violation. The fine shall be not more than one thousand	2185
five hundred dollars if the violator has been fined for the same	2186
offense once before. Any fines issued for additional violations	2187
during a second inspection shall not be more than two hundred	2188
dollars for each additional violation. The fine shall be not more	2189
than one thousand five hundred dollars if the violator has been	2190
fined for the same offense two or more times before. Any fines	2191
issued for additional violations during a third inspection shall	2192
not be more than three hundred dollars for each additional	2193
violation.	2194

(2) The board shall issue an order notifying a violator of a	2195
fine imposed under division (E)(1) of this section. The notice	2196
shall specify the date by which the fine is to be paid. The date	2197
shall be less than forty-five days after the board issues the	2198
order.	2199

(3) At the request of a violator who is temporarily unable to	2200
pay a fine, or upon its own motion, the board may extend the time	2201
period within which the violator shall pay the fine up to ninety	2202
days after the date the board issues the order.	2203

(4) If a violator fails to pay a fine by the date specified	2204
in the board's order and does not request an extension within ten	2205
days after the date the board issues the order, or if the violator	2206
fails to pay the fine within the extended time period as described	2207
in division (E)(3) of this section, the board shall add to the	2208
fine an additional penalty equal to ten per cent of the fine.	2209

(5) If a violator fails to pay a fine within ninety days	2210
after the board issues the order, the board shall add to the fine	2211
interest at a rate specified by the board in rules adopted under	2212
section 4713.08 of the Revised Code.	2213

(6) If the fine, including any interest or additional	2214
penalty, remains unpaid on the ninety-first day after the board	2215
issues an order under division (E)(2) of this section, the amount	2216
of the fine and any interest or additional penalty shall be	2217
certified to the attorney general for collection in the form and	2218
manner prescribed by the attorney general. The attorney general	2219
may assess the collection cost to the amount certified in such a	2220
manner and amount as prescribed by the attorney general.	2221

(E)(F) The board shall notify a licensee or registrant who is	2222
in violation of division (A) of this section and the owner of the	2223
salon in which the conditions constituting the violation were	2224
found. The individual receiving the notice of violation and the	2225
owner of the salon may request a hearing pursuant to section	2226
119.07 of the Revised Code. If a personthe individual or owner	2227
fails to request a hearing withinor enter into a consent	2228
agreement thirty days ofafter the date the board, in accordance	2229
with section 119.07 of the Revised Code and division (I) of this	2230
section, notifies the personindividual and owner of the board's	2231
intent to act against the personindividual or owner under	2232
division (A) of this section, the board by a majority vote of a	2233
quorum of the board members may take the action against the person	2234
individual or owner without holding an adjudication hearing.	2235

(F)(G) The board, after a hearing in accordance with Chapter	2236
119. of the Revised Code or pursuant to a consent agreement, may	2237
suspend a tanning facilitylicense, permit, or registration if the	2238
owner or operatorlicensee, permit holder, or registrant fails to	2239
correct an unsafe condition that exists in violation of the	2240
board's rules or fails to cooperate in an inspection of the	2241
tanning facility. If a violation of this chapter or rules adopted	2242
under it has resulted in a condition reasonably believed by an	2243
inspector to create an immediate danger to the health and safety	2244
of any personindividual using the tanning facility, the	2245
inspector may suspend the license or permit of the facility or	2246
the individual responsible for the violation without a prior	2247
hearing until the condition is corrected or until a hearing in	2248
accordance with Chapter 119. of the Revised Code is held or a	2249
consent agreement is entered into and the board either upholds the	2250
suspension or reinstates the license, permit, or registration.	2251

(H) The board shall not take disciplinary action against an	2252
individual licensed to operate a salon or school of cosmetology	2253
for a violation of this chapter that was committed by an	2254
individual licensed to practice a branch of cosmetology, while	2255
practicing within the salon or school, when the individual's	2256
actions were beyond the control of the salon owner or school.	2257

(I) In addition to the methods of notification required under	2258
section 119.07 of the Revised Code, the board may send the notices	2259
required under divisions (C)(2), (E)(2), and (F) of this section	2260
by any delivery method that is traceable and requires that the	2261
delivery person obtain a signature to verify that the notice has	2262
been delivered. The board also may send the notices by electronic	2263
mail, provided that the electronic mail delivery system certifies	2264
that a notice has been received.	2265

Sec. 4713.641.  Any student or former student of a school of	2266
cosmetology licensed under division (A) of section 4713.44 of the	2267
Revised Code may file a complaint with the state board of	2268
cosmetology alleging that the school has violated division (A) of	2269
section 4713.64 of the Revised Code. The complaint shall be in	2270
writing and signed by the personindividual bringing the	2271
complaint. Upon receiving a complaint, the board shall initiate a	2272
preliminary investigation to determine whether it is probable that	2273
a violation was committed. If the board determines after	2274
preliminary investigation that it is not probable that a violation	2275
was committed, the board shall notify the personindividual who	2276
filed the complaint of the board's findings and that the board	2277
will not issue a formal complaint in the matter. If the board	2278
determines after a preliminary investigation that it is probable	2279
that a violation was committed, the board shall proceed against	2280
the school pursuant to the board's authority under section 4713.64	2281
of the Revised Code and in accordance with the hearing and notice	2282
requirements prescribed in Chapter 119. of the Revised Code.	2283

Sec. 4713.66. (A) The state board of cosmetology, on its own	2284
motion or on receipt of a written complaint, may investigate or	2285
inspect the activities or premises of an individual or entity who	2286
is alleged to have violated this chapter or rules adopted under	2287
it, regardless of whether the individual or entity holds a license	2288
or registration issued under this chapter.	2289

(B) If, based on its investigation, the board determines that	2290
there is reasonable cause to believe that an individual or entity	2291
has violated this chapter or rules adopted under it, the board	2292
shall afford the individual or entity an opportunity for a	2293
hearing. Notice shall be given and any hearing conducted in	2294
accordance with Chapter 119. of the Revised Code.	2295

(C) The board shall maintain a transcript of the hearing and	2296
issue a written opinion to all parties, citing its findings and	2297
ground for any action it takes. Any action shall be taken in	2298
accordance with section 4713.64 of the Revised Code.	2299

Sec. 4713.69. (A) The state board of cosmetology shall issue	2300
a boutique services registration to an applicant who satisfies all	2301
of the following applicable conditions:	2302

(1) Is at least sixteen years of age;

2303

(2) Is of good moral character;

2304

(3) Has the equivalent of an Ohio public school tenth grade	2305
education;	2306

(4) Has submitted a written application on a form prescribed	2307
by the board containing all of the following;	2308

(a) The applicant's name and home address;

2309

(b) The applicant's home telephone number and cellular	2310
telephone number, if any;	2311

(c) The applicant's electronic mail address, if any;

2312

(d) The applicant's date of birth;

2313

(e) The address and telephone number where boutique services	2314
will be performed. The address shall not contain a post office box	2315
number.	2316

(f) Whether the applicant has an occupational license,	2317
certification, or registration to provide beauty services in	2318
another state, and if so, what type of license and in what state;	2319

(g) Whether the applicant has ever had an occupational	2320
license, certification, or registration suspended, revoked, or	2321
denied in any state;	2322

(h) An affidavit providing proof of formal training or	2323
apprenticeship under an individual providing such services.	2324

(5) Pays the application fee specified by the board.

2325

(B) The place of business where boutique services are	2326
performed must comply with the safety and sanitation requirements	2327
for licensed salon facilities as described in section 4713.41 of	2328
the Revised Code.	2329

(C) Within six months of the effective date of this section,	2330
the board shall specify the manner by which boutique services	2331
registrants shall fulfill the continuing education requirements	2332
set forth in section 4713.09 of the Revised Code.	2333

Sec. 4713.99.  Whoever violates section 4713.14 of the	2334
Revised Code is guilty of a misdemeanor of the fourth degree on a	2335
first offense; on each subsequent offense, such personindividual	2336
is guilty of a misdemeanor of the third degree.	2337

Section 2. That existing sections 2925.01, 4713.01, 4713.02,	2338
4713.03, 4713.06, 4713.07, 4713.08, 4713.081, 4713.082, 4713.09,	2339
4713.10, 4713.13, 4713.14, 4713.141, 4713.16, 4713.17, 4713.20,	2340
4713.21, 4713.22, 4713.24, 4713.25, 4713.26, 4713.28, 4713.30,	2341
4713.31, 4713.34, 4713.35, 4713.36, 4713.37, 4713.39, 4713.41,	2342
4713.42, 4713.44, 4713.45, 4713.48, 4713.55, 4713.56, 4713.57,	2343
4713.58, 4713.59, 4713.60, 4713.61, 4713.62, 4713.63, 4713.64,	2344
4713.641, and 4713.99 of the Revised Code are hereby repealed.	2345

Section 3. (A) There is hereby created the Efficient	2346
Regulation of Beauty Services Commission, to be comprised of six	2347
members. The Governor shall appoint two individuals who currently	2348
serve as members of the State Board of Cosmetology and one	2349
individual who currently serves as a member of the State Barber	2350
Board. The other members shall be the executive director of the	2351
State Board of Cosmetology, the executive director of the State	2352
Barber Board, and one representative from the Governor's office,	2353
who shall serve as chairperson of the Commission.	2354

(B) The Commission shall do all of the following:

2355

(1) Conduct meetings and hearings at the call of the	2356
chairperson;	2357

(2) Engage in research and other activities that the	2358
Commission considers necessary or appropriate;	2359

(3) Study the viability of consolidating tasks and duties	2360
currently undertaken by the Board of Cosmetology and the Barber	2361
Board, including registration of and testing for licensees and	2362
inspection of regulated facilities and individuals;	2363

(4) Propose, as the Commission considers necessary,	2364
legislation or changes in rules for the efficient conduct of	2365
regulation cosmetologists and barbers;	2366

(5) Prepare a report of its findings. The State Board of	2367
Cosmetology shall provide clerical services for the preparation of	2368
the report.	2369

(C) A copy of the report of findings described in division	2370
(B)(5) of this section shall be delivered to the Governor, Speaker	2371
of the House of Representatives, Minority Leader of the House of	2372
Representatives, President of the Senate, and Minority Leader of	2373
the Senate by December 31, 2014, at which point the Commission	2374
shall cease to exist.	2375

(D) In undertaking its duties, the Commission shall solicit	2376
input from all interested parties who may be adversely impacted by	2377
current law as well as those who may be adversely impacted by	2378
proposed changes to the law.	2379

(E) The Commission members shall serve without compensation	2380
but shall be reimbursed for their actual and necessary expenses	2381
incurred in the performance of their duties.	2382

Section 4. (A) Not more than ninety days after the effective	2383
date of this act, the State Board of Cosmetology shall issue an	2384
advanced license to all individuals holding a valid managing	2385
license for the level of licensure attained by the individual	2386
prior to the effective date of this act.	2387

(B) All licenses issued under Chapter 4713. of the Revised	2388
Code that are classified inactive as of the effective date of this	2389
act shall be deemed to be in escrow in accordance with section	2390
4713.61 of the Revised Code, as amended by this act.	2391

Section 5.  On or before December 31, 2014, the Governor	2392
shall appoint the member of the State Board of Cosmetology who	2393
holds a tanning license as described in division (A)(9) of section	2394
4713.02 of the Revised Code. The initial term of office shall be	2395
from the date of appointment until October 31, 2019.	2396