Ohio Code 4713.08 – Administrative rules
(A) The state cosmetology and barber board shall adopt rules in accordance with Chapter 119 of the Revised Code as necessary to implement this chapter. The rules shall do all of the following:
Terms Used In Ohio Code 4713.08
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Branch of cosmetology: means the practice of cosmetology, practice of esthetics, practice of hair design, practice of manicuring, practice of natural hair styling, or practice of boutique services. See Ohio Code 4713.01
- Cosmetic therapy: means the permanent removal of hair from the human body through the use of electric modalities and may include the systematic friction, stroking, slapping, and kneading or tapping of the face, neck, scalp, or shoulders. See Ohio Code 4713.01
- Cosmetology: means the art or practice of embellishment, cleansing, beautification, and styling of hair, wigs, postiches, face, body, or nails. See Ohio Code 4713.01
- Independent contractor: means an individual who is not an employee of a salon but practices a branch of cosmetology within a salon in a licensed facility. See Ohio Code 4713.01
- Rule: includes regulation. See Ohio Code 1.59
- Salon: means a licensed facility on any premises, building, or part of a building in which an individual engages in the practice of one or more branches of cosmetology. See Ohio Code 4713.01
- School of cosmetology: means any premises, building, or part of a building in which students are instructed in the theories and practices of one or more branches of cosmetology. See Ohio Code 4713.01
- state: means the state of Ohio. See Ohio Code 1.59
- Statute: A law passed by a legislature.
- Tanning facility: means any premises, building, or part of a building that contains one or more rooms or booths with any of the following:
(A) Equipment or beds used for tanning human skin by the use of fluorescent sun lamps using ultraviolet or other artificial radiation;
(B) Equipment or booths that use chemicals applied to human skin, including chemical applications commonly referred to as spray-on, mist-on, or sunless tans;
(C) Equipment or beds that use visible light for cosmetic purposes. See Ohio Code 4713.01
(1) Govern the practice of the branches of cosmetology;
(2) Specify conditions an individual must satisfy to qualify for a temporary pre-examination work permit under section 4713.22 of the Revised Code and the conditions and method of renewing a temporary pre-examination work permit under that section;
(3) Provide for the conduct of examinations under section 4713.24 of the Revised Code;
(4) Specify conditions under which the board will take into account, under section 4713.32 of the Revised Code, instruction an applicant for a license under section 4713.28, 4713.30, or 4713.31 of the Revised Code received more than five years before the date of application for the license;
(5) Provide for the granting of waivers under section 4713.29 of the Revised Code;
(6) Specify conditions an applicant must satisfy for the board to issue the applicant a license under section 4713.34 of the Revised Code without the applicant taking an examination conducted under section 4713.24 of the Revised Code;
(7) Specify locations in which glamour photography services in which a branch of cosmetology is practiced may be provided;
(8) Establish conditions and the fee for a temporary special occasion work permit under section 4713.37 of the Revised Code and specify the amount of time such a permit is valid;
(9) Specify conditions an applicant must satisfy for the board to issue the applicant an independent contractor license under section 4713.39 of the Revised Code and the fee for issuance and renewal of the license;
(10) Establish conditions under which food may be sold at a salon;
(11) Specify which professions regulated by a professional regulatory board of this state may be practiced in a salon under section 4713.42 of the Revised Code;
(12) Establish standards for the provision of cosmetic therapy, massage therapy, or other professional service in a salon pursuant to section 4713.42 of the Revised Code;
(13) Establish standards for board approval of, and the granting of credits for, training in branches of cosmetology at schools of cosmetology licensed in this state;
(14) Establish the manner in which a school of cosmetology licensed under section 4713.44 of the Revised Code may offer post-secondary and advanced practice programs;
(15) Establish sanitary standards for the practice of the branches of cosmetology, salons, and schools of cosmetology;
(16) Establish the application process for obtaining a tanning facility permit under section 4713.48 of the Revised Code, including the amount of the fee for an initial or renewed permit;
(17) Establish standards for installing and operating a tanning facility in a manner that ensures the health and safety of consumers, including standards that do all of the following:
(a) Establish a maximum safe time of exposure to radiation and a maximum safe temperature at which sun lamps may be operated;
(b) Require consumers to wear protective eyeglasses;
(c) Require consumers to be supervised as to the length of time consumers use the facility’s sun lamps;
(d) Require the operator to prohibit consumers from standing too close to sun lamps and to post signs warning consumers of the potential effects of radiation on individuals taking certain medications and of the possible relationship of the radiation to skin cancer;
(e) Require the installation of protective shielding for sun lamps and handrails for consumers;
(f) Require floors to be dry during operation of lamps;
(g) Establish procedures an operator must follow in making reasonable efforts in compliance with section 4713.50 of the Revised Code to determine the age of an individual seeking to use sun lamp tanning services.
(18)(a) If the board, under section 4713.61 of the Revised Code, develops a procedure for classifying licenses inactive, do both of the following:
(i) Establish a fee for having a license classified inactive that reflects the cost to the board of providing the inactive license service. If one or more renewal periods have elapsed since the license was valid, the fee shall not include lapsed renewal fees for more than three of those renewal periods;
(ii) Specify the continuing education that an individual whose license has been classified inactive must complete to have the license restored. The continuing education shall be sufficient to ensure the minimum competency in the use or administration of a new procedure or product required by a licensee necessary to protect public health and safety. The requirement shall not exceed the cumulative number of hours of continuing education that the individual would have been required to complete had the individual retained an active license.
(b) In addition, the board may specify the conditions and method for granting a temporary work permit to practice a branch of cosmetology to an individual whose license has been classified inactive.
(19) Establish a fee for approval of a continuing education program under section 4713.62 of the Revised Code that is adequate to cover any expense the board incurs in the approval process;
(20) Anything else necessary to implement this chapter.
(B)(1) The rules adopted under division (A)(2) of this section may establish additional conditions for a temporary pre-examination work permit under section 4713.22 of the Revised Code that are applicable to individuals who practice a branch of cosmetology in another state or country.
(2) The rules adopted under division (A)(18)(b) of this section may establish additional conditions for a temporary work permit that are applicable to individuals who practice a branch of cosmetology in another state.
(C) The conditions specified in rules adopted under division (A)(6) of this section may include that an applicant is applying for a license to practice a branch of cosmetology for which the board determines an examination is unnecessary.
(D) The rules adopted under division (A)(11) of this section shall not include a profession if practice of the profession in a salon is a violation of a statute or rule governing the profession.
(E) The sanitary standards established under division (A)(15) of this section shall focus in particular on precautions to be employed to prevent infectious or contagious diseases being created or spread. The board shall consult with the Ohio department of health when establishing the sanitary standards.
(F) The fee established by rules adopted under division (A)(16) of this section shall cover the cost the board incurs in inspecting tanning facilities and enforcing the board’s rules but may not exceed one hundred dollars per location of such facilities.