Bill Title: Regarding the regulation of chemical tanning applications and the use of tanning services by individuals under 18 years of age.
Spectrum: Slight Partisan Bill (Democrat 10-6)
Status: (Introduced - Dead) 2009-05-06 - To Consumer Affairs & Economic Protection
[HB173 Detail]Download: Ohio-2009-HB173-Introduced.html
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Representatives Fende, Combs
Cosponsors:
Representatives Evans, Murray, Letson, Chandler, Hagan, Ujvagi, Domenick, Bubp, Garland, Harwood, Uecker, Brown, Lehner, DeBose
A BILL
| To amend sections 4713.01 and 4713.08 and to enact | 1 |
|
section 4713.50
of the Revised Code regarding the | 2 |
|
regulation of chemical tanning applications and | 3 |
|
the use of tanning
services by individuals under | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4713.01 and 4713.08 be amended and | 6 |
section
4713.50 of the Revised Code be enacted to read as | 7 |
follows: | 8 |
Sec. 4713.01. As used in
this chapter: | 9 |
"Apprentice instructor" means a person holding a
practicing | 10 |
license issued by the state board of cosmetology who is
engaged in | 11 |
learning or acquiring
knowledge of the occupation of an
instructor | 12 |
of a branch of
cosmetology at a school of cosmetology. | 13 |
"Beauty salon" means any premises, building, or part of a | 14 |
building in which a person is authorized to engage in all branches | 15 |
of
cosmetology.
"Beauty salon" does not include a barber shop | 16 |
licensed under Chapter 4709. of the Revised Code in which a person | 17 |
engages in the practice of manicuring. | 18 |
"Biennial licensing period" means the two-year period | 19 |
beginning on the first day of February of an odd-numbered year and | 20 |
ending on the last day of January of the next odd-numbered year. | 21 |
"Braiding" means intertwining the hair in a systematic motion | 22 |
to create patterns in a three-dimensional form, inverting the hair | 23 |
against the scalp along part of a straight or curved row of | 24 |
intertwined hair, or twisting the hair in a systematic motion, and | 25 |
includes extending the hair with natural or synthetic hair fibers. | 26 |
"Branch of cosmetology" means the practice of cosmetology, | 27 |
practice of esthetics, practice of hair design, practice of | 28 |
manicuring, or practice of natural hair styling. | 29 |
"Cosmetic therapy" has the same meaning as in section 4731.15 | 30 |
of the Revised Code. | 31 |
"Cosmetologist" means a person authorized to engage in all | 32 |
branches of cosmetology. | 33 |
"Cosmetology instructor" means a person authorized to teach | 34 |
the
theory and practice of all branches of cosmetology at a
school | 35 |
of cosmetology. | 36 |
"Esthetician" means a person who engages in the practice of | 37 |
esthetics but no other branch of cosmetology. | 38 |
"Esthetics instructor" means a person who teaches the theory | 39 |
and practice of esthetics, but no other branch of cosmetology, at | 40 |
a school of cosmetology. | 41 |
"Esthetics salon" means any premises, building, or part of a | 42 |
building in which a person engages in the practice of esthetics | 43 |
but no other branch of cosmetology. | 44 |
"Hair designer" means a person who engages in the practice
of | 45 |
hair design but no other branch of cosmetology. | 46 |
"Hair design instructor" means a person who teaches the | 47 |
theory and practice of hair design, but no other branch of | 48 |
cosmetology, at a school of cosmetology. | 49 |
"Hair design salon" means any premises, building, or part of | 50 |
a building in which a person engages in the practice of hair | 51 |
design but no other branch of cosmetology. | 52 |
"Independent contractor license" means a license to practice | 53 |
a branch of cosmetology at a salon in which the license holder | 54 |
rents booth space. | 55 |
"Instructor license" means a license to teach the theory and | 56 |
practice of a branch of cosmetology at a school of cosmetology. | 57 |
"Managing cosmetologist" means a person authorized to manage | 58 |
a beauty
salon and engage in all branches of cosmetology. | 59 |
"Managing esthetician" means a person authorized to manage
an | 60 |
esthetics salon, but no other type of salon, and engage in the | 61 |
practice of esthetics, but no other branch of cosmetology. | 62 |
"Managing hair designer" means a person authorized to manage | 63 |
a hair
design salon, but no other type of salon, and engage in the | 64 |
practice of hair design, but no other branch of cosmetology. | 65 |
"Managing license" means a license to manage a salon and | 66 |
practice the branch of cosmetology practiced at the salon. | 67 |
"Managing manicurist" means a person authorized to manage a | 68 |
nail
salon, but no other type of salon, and engage in the practice | 69 |
of manicuring, but no other branch of cosmetology. | 70 |
"Managing natural hair stylist" means a person authorized to | 71 |
manage a
natural hair style salon, but no other type of salon, and | 72 |
engage in the practice of natural hair styling, but no other | 73 |
branch of cosmetology. | 74 |
"Manicurist" means a person who engages in the practice of | 75 |
manicuring but no other branch of cosmetology. | 76 |
"Manicurist instructor" means a person who teaches the
theory | 77 |
and practice of manicuring, but no other branch of
cosmetology, at | 78 |
a school of cosmetology. | 79 |
"Nail salon" means any premises, building, or part of a | 80 |
building in which a person engages in the practice of manicuring | 81 |
but no other branch of cosmetology.
"Nail salon" does not include | 82 |
a barber shop licensed under Chapter 4709. of the Revised Code in | 83 |
which a person engages in the practice of manicuring. | 84 |
"Natural hair stylist" means a person who engages in the | 85 |
practice of natural hair styling but no other branch of | 86 |
cosmetology. | 87 |
"Natural hair style instructor" means a person who teaches | 88 |
the theory and practice of natural hair styling, but no other | 89 |
branch of cosmetology, at a school of cosmetology. | 90 |
"Natural hair style salon" means any premises, building, or | 91 |
part of a building in which a person engages in the practice of | 92 |
natural hair styling but no other branch of cosmetology. | 93 |
"Practice of cosmetology" means the practice of all
branches | 94 |
of cosmetology. | 95 |
"Practice of esthetics" means the application of cosmetics, | 96 |
tonics, antiseptics, creams, lotions, or other preparations for | 97 |
the purpose of skin beautification and includes preparation of the | 98 |
skin by manual massage techniques or by use of electrical, | 99 |
mechanical, or other apparatus. | 100 |
"Practice
of hair design" means embellishing or beautifying | 101 |
hair, wigs,
or hairpieces by arranging,
dressing, pressing, | 102 |
curling, waving, permanent waving, cleansing,
cutting, singeing, | 103 |
bleaching, coloring,
braiding, weaving, or
similar work. "Practice | 104 |
of hair design" includes
utilizing
techniques performed by hand | 105 |
that result in tension on
hair roots
such as twisting, wrapping, | 106 |
weaving, extending,
locking, or
braiding of the hair. | 107 |
"Practice of manicuring" means manicuring
the nails of any | 108 |
person, applying artificial or sculptured nails
to any
person, | 109 |
massaging the hands and lower arms up to the elbow of any
person, | 110 |
massaging the feet and lower legs up to the knee of any
person, or | 111 |
any combination of these four types of services. | 112 |
"Practice
of natural hair
styling" means
utilizing
techniques | 113 |
performed by
hand that result in tension on hair roots
such as | 114 |
twisting,
wrapping, weaving, extending, locking, or
braiding of | 115 |
the hair.
"Practice of natural hair
styling" does not include the | 116 |
application of dyes, reactive
chemicals, or other preparations to | 117 |
alter the color or to
straighten, curl, or alter the structure of | 118 |
the hair. "Practice
of
natural hair styling" also does not include | 119 |
embellishing or
beautifying hair by cutting or singeing, except as | 120 |
needed to
finish off the end of a braid, or by dressing, pressing, | 121 |
curling,
waving, permanent waving, or similar work. | 122 |
"Practicing license" means a license to practice a branch
of | 123 |
cosmetology. | 124 |
"Salon" means a beauty salon, esthetics salon, hair design | 125 |
salon, nail salon, or natural hair style salon. | 126 |
"School of cosmetology" means any premises, building, or
part | 127 |
of a building in which students are instructed in the
theories and | 128 |
practices of one or more branches of cosmetology. | 129 |
"Student" means a person, other than an apprentice | 130 |
instructor, who is engaged in learning or acquiring knowledge of | 131 |
the practice of a branch of cosmetology at a school of | 132 |
cosmetology. | 133 |
"Tanning facility" means a room or booth that houses | 134 |
equipment or beds used for tanning human skin by the use of | 135 |
fluorescent sun lamps using ultraviolet or other artificial | 136 |
radiation or by the use of chemicals applied to the skin, | 137 |
including chemical applications commonly referred to as spray-on, | 138 |
mist-on or sunless tans. | 139 |
Sec. 4713.08. (A) The state board of cosmetology shall adopt | 140 |
rules in accordance with Chapter 119. of the Revised Code as | 141 |
necessary to implement this chapter. The rules shall do all of
the | 142 |
following: | 143 |
(1) Govern the practice of the branches of cosmetology and | 144 |
management of salons; | 145 |
(2) Specify conditions a person must satisfy to qualify
for
a | 146 |
temporary pre-examination work permit under section 4713.22 of
the | 147 |
Revised
Code and the conditions and method of renewing a
temporary | 148 |
pre-examination work permit under that section; | 149 |
(3) Provide for the conduct of examinations under section | 150 |
4713.24 of the Revised Code; | 151 |
(4) Specify conditions under which the board will take into | 152 |
account, under section 4713.32 of the Revised Code, instruction an | 153 |
applicant for a license under section 4713.28, 4713.30, or 4713.31 | 154 |
of the Revised Code received more than five years before the date | 155 |
of application for the license; | 156 |
(5)
Provide for the granting of waivers under section | 157 |
4713.29 of the Revised Code; | 158 |
(6) Specify conditions an applicant must satisfy for the | 159 |
board to issue the applicant a license under section 4713.34 of | 160 |
the Revised Code without the applicant taking an examination | 161 |
conducted under section 4713.24 of the Revised Code; | 162 |
(7) Specify locations in which glamour photography services | 163 |
in which a branch of cosmetology is practiced may be provided; | 164 |
(8) Establish conditions and the fee for a temporary special | 165 |
occasion work permit under section 4713.37 of the Revised Code and | 166 |
specify the amount of time such a permit is valid; | 167 |
(9)
Specify conditions an applicant must satisfy for the | 168 |
board to issue the applicant an independent contractor license | 169 |
under section 4713.39 of the Revised Code and the fee for issuance | 170 |
and renewal of the license; | 171 |
(10) Establish conditions under which food may be sold at a | 172 |
salon; | 173 |
(11) Specify which professions regulated by a professional | 174 |
regulatory board of this state may be practiced in a salon under | 175 |
section 4713.42 of the Revised Code; | 176 |
(12)
Establish standards for the provision of cosmetic | 177 |
therapy, massage therapy,
or other professional service in a salon | 178 |
pursuant to section 4713.42 of the Revised Code; | 179 |
(13) Establish standards for board approval of, and the | 180 |
granting of credits for, training in branches of
cosmetology at | 181 |
schools of cosmetology licensed in this state; | 182 |
(14) Establish sanitary standards for the practice of the | 183 |
branches of cosmetology, salons, and schools of cosmetology; | 184 |
(15) Establish the application process for obtaining a | 185 |
tanning facility permit under section 4713.48 of the Revised Code, | 186 |
including the amount of the fee for an initial or renewed permit; | 187 |
(16) Establish standards for installing and operating a | 188 |
tanning facility in a manner that ensures the health and safety of | 189 |
consumers, including standards that do all of the following: | 190 |
(a) Establish a maximum safe time of exposure to radiation | 191 |
and a maximum safe temperature at which sun lamps may be operated; | 192 |
(b) Require consumers to wear protective eyeglasses and be | 193 |
supervised as to the length of time consumers use the facility; | 194 |
(c) Require the operator to prohibit consumers from standing | 195 |
too close to sun lamps and to post signs warning consumers of the | 196 |
potential effects of radiation on persons taking certain | 197 |
medications and of the possible relationship of the radiation to | 198 |
skin cancer; | 199 |
(d) Require the installation of protective shielding for sun | 200 |
lamps and handrails for consumers; | 201 |
(e) Require floors to be dry during operation of lamps; | 202 |
(f) Require a consumer who is under the age of eighteen to | 203 |
obtain written consent from the consumer's parent or legal | 204 |
guardian prior to receiving tanning services. | 205 |
(17)(a) If the board, under section 4713.61 of the Revised | 206 |
Code, develops a procedure for classifying licenses inactive, do | 207 |
both of the following: | 208 |
(i) Establish a fee for having a license classified
inactive | 209 |
that reflects the cost to the board of
providing the inactive | 210 |
license service; | 211 |
(ii) Specify the continuing education that a person
whose | 212 |
license has been classified inactive must complete to have
the | 213 |
license restored. The continuing education shall be
sufficient to | 214 |
ensure the minimum competency in the use or administration of a | 215 |
new procedure or product required by a licensee
necessary to | 216 |
protect public health and safety. The requirement shall not
exceed | 217 |
the cumulative number of hours of continuing education that
the | 218 |
person would have been required to complete had the person | 219 |
retained an active license. | 220 |
(b) In addition, the board may specify the conditions and | 221 |
method for granting a temporary work permit to practice a branch | 222 |
of cosmetology to a person whose license has been classified | 223 |
inactive. | 224 |
(18) Establish a fee for approval of a continuing education | 225 |
program under section 4713.62 of the Revised Code that is
adequate | 226 |
to cover any expense the board incurs in the approval
process; | 227 |
(19) Anything else necessary to implement this chapter. | 228 |
(B)(1) The rules adopted under division (A)(2) of this | 229 |
section
may establish additional conditions for a temporary | 230 |
pre-examination work permit under section 4713.22 of the Revised | 231 |
Code that are applicable to persons who practice a branch of | 232 |
cosmetology in another state or country. | 233 |
(2) The rules adopted under division (A)(17)(b) of this | 234 |
section may establish additional conditions for a temporary work | 235 |
permit that are applicable to persons who practice a branch of | 236 |
cosmetology in another state. | 237 |
(C) The conditions specified in rules adopted under division | 238 |
(A)(6) of this section may include that an applicant is applying | 239 |
for a license to practice a branch of cosmetology for which the | 240 |
board determines an examination is unnecessary. | 241 |
(D) The rules adopted under division (A)(11) of this section | 242 |
shall not include a profession if practice of the profession in a | 243 |
salon is a violation of a statute or rule governing the | 244 |
profession. | 245 |
(E) The sanitary standards established under division
(A)(14) | 246 |
of this section shall focus in particular on precautions
to be | 247 |
employed to prevent infectious or contagious diseases being | 248 |
created or spread. The board shall consult with the Ohio | 249 |
department of health when establishing the
sanitary standards. | 250 |
(F) The fee established by rules adopted under division | 251 |
(A)(15) of this section shall cover the cost the board incurs in | 252 |
inspecting tanning facilities and enforcing the board's rules but | 253 |
may not exceed one hundred dollars per location of such | 254 |
facilities. | 255 |
Sec. 4713.50. An operator or
employee of a tanning facility | 256 |
shall not allow an individual who is under
eighteen years of age | 257 |
to use the tanning services of the facility
unless the individual | 258 |
presents a prescription for receiving
ultraviolet radiation | 259 |
treatments written by a physician authorized
under Chapter 4731. | 260 |
of the Revised Code to practice medicine and
surgery or | 261 |
osteopathic medicine and surgery. | 262 |
Section 2. That existing sections 4713.01 and 4713.08 of the | 263 |
Revised Code
are hereby repealed. | 264 |