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FY 2019 Annual Report

OHIO STATE COSMETOLOGY AND BARBER BOARD

FY 2019 ANNUAL REPORT


Executive Summary

Pursuant to sections 4713.07(D) and 4713.071 of the Ohio Revised Code, the State Cosmetology and Barber Board, hereafter referred to as “the Board”, is required to file an annual report to the Governor, President of the Senate, and Speaker of the House of Representatives.

The Board’s annual report strives to inform the public of its activities and actions taken during the prior year. This report covers all aspects of the Board’s operations: regulatory, financial, and administrative. The Board is committed to full public disclosure and accountability at all levels of operations.

On behalf of the State Cosmetology and Barber Board, I would like to thank the citizens of Ohio for allowing us to serve them.

Sincerely,

Margaret V. Rolf
Executive Director


Letter to the Governor and the Ohio General Assembly

Dear Governor DeWine, President Obhof, and Speaker Householder,

On behalf of the State Cosmetology and Barber Board, it is my pleasure to submit our annual report for Fiscal Year 2019. This report reflects the efforts made by the State Cosmetology and Barber Board to ensure that all persons offering barbering, cosmetology, and tanning services; and all salons, barbershops, tanning facilities, and cosmetology/barber schools have the proper minimum qualifications to provide these services to the citizens of Ohio. This report also summarizes the licensure and enforcement activities undertaken during fiscal year 2019, demonstrating the State Cosmetology and Barber Board’s important influence on providing safe beauty and hair services to Ohioans. This report will provide information about the barber, cosmetology, and tanning industry in Ohio, our methods of operation, the accomplishments, actions of the agency, and the dedication of the Board members and its staff on meeting the legislative mandates of Chapters 4709 and 4713 of the Ohio Revised Code. Finally, this report provides recommendations for improving the regulation of these industries in Ohio.

The State Cosmetology and Barber Board would like to thank you for supporting a budget that allows the Board to meet its legislative objectives and address the many challenges faced by the State Cosmetology and Barber Board in protecting the safety and welfare of Ohioans through effective regulation of this industry.

Respectfully submitted,

Thomas Taneff, Chairperson
State Cosmetology and Barber Board


Board Members

Thomas Taneff, Board Chairperson
Public Member
New Albany, Ohio

NeCole Cumberlander
Cosmetologist Member
Pepper Pike, Ohio

Luke Hanks 
Cosmetology School Executive Member
Plain City, Ohio

Clara Osterhage
Salon Owner – 5 or more salons
Centerville, Ohio

Charles Penzone
Cosmetologist - Managing Salon
Powell, Ohio

Jessica Price-Kovach
Esthetician
Galloway, Ohio

Kimberly Thomas, Vice Chairperson
Independent Contractor
Richmond Heights, Ohio

Kenji Prince
Employer Barber
Columbus, Ohio

Tasha Sheipline
Representing Vocational/Career Tech
Wapakoneta, Ohio

Rowena Yeager
Cosmetologist – Managing Salon
Aurora, Ohio

Jennifer Wolfe, MSN, APRN, NP-C
Advanced Practice Registered Nurse
Westerville, Ohio


Mission Statement

The mission of the State Cosmetology and Barber Board is to protect and support the public through regulation and education while promoting the integrity of the cosmetology and barbering industry.


Stakeholders

Diagram of Stakeholders for State Cosmetology and Barber Board


Board Background, Authority, and Functions

The Board

The Board is composed of thirteen members who are appointed by the Governor, with the advice and consent of the Ohio State Senate. The Board is a diverse group of persons who are representatives of the barber and cosmetology industry, businesses (barbershops, salons, and schools), medical practice, and the public.

The composition of the Board is as follows:

  • One individual holding a current, valid cosmetologist or cosmetology instructor license at the time of appointment;
  • Two individuals holding current, valid cosmetologist licenses and actively engaged in managing beauty salons for a period of not less than five years at the time of appointment;
  • One individual who holds a current, valid independent contractor license at the time of appointment and practices a branch of cosmetology;
  • One individual who represents individuals who teach the theory and practice of a branch of cosmetology at a vocational or career-technical school;
  • One owner or executive actively engaged in the daily operations of a licensed school of cosmetology;
  • One owner of at least five licensed salons;
  • One individual who is either a certified nurse practitioner or clinical nurse specialist holding a current, valid license to practice nursing as an advanced practice registered nurse issued under Chapter 4723 of the Ohio Revised Code or a physician authorized under Chapter 4731 of the Ohio Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
  • One individual representing the general public;
  • One individual who holds a current, valid tanning permit and who has owned or managed a tanning facility for at least five years immediately preceding the individual’s appointment; 
  • One individual who holds a current, valid esthetician license and who has been actively practicing esthetics for a period of not less than five years immediately preceding the individual’s appointment; and 
  • Two barbers, one of who is an employer barber and one of whom is employed as a barber, both of whom have been licensed as barbers in this state for at least five years immediately preceding their appointment.

Each member serves a five-year term. Members receive a per diem amount for each day employed in the discharge of their official duties. All members are reimbursed according to state travel rules for travel expenses. The current membership is:

 

Name

 

Position

 

Residence

 

Previous Appointments

 

Current Term Appointment

 

Current Term Expiration

Clara Osterhage

Owner – more than 5 salons

Centerville

Oct 31, 2009 - Oct 31, 2014

4-Dec-14

31-Oct-19

 

NeCole Cumberlander

Cosmetologist

Pepper Pike

Oct 2, 2007-Oct 31, 2012

5-Jan-18

31-Oct-21

Jessica Price- Kovach

Esthetician

Galloway

 

23-Jan-18

31-Oct-21

Luke Hanks

Private School Owner

Plain City

Nov 1, 2012-Oct 31, 2017

1-Nov-17

31-Oct-22

Charles Penzone

Cosmetologist Managing Salon

Plowell

Dec 6, 1994-Oct 31, 1999

Nov 18, 1999-Oct 31, 2004

Nov 15, 2004-Oct 31, 2009

Nov 1, 2009-Oct 31, 2017

1-Nov-17

31-Oct-22

Kenji Prince

Employer Barber

Columbus

 

15-Feb-18

31-Oct-22

Tasha Sheipline

Career Tech School Rep

Wapakoneta

Mar 15, 2013-Oct 31, 2017

1-Nov-17

31-Oct-22

Kimberly Thomas

Independent Contractor

Richmond Heights

Jan 2, 2008-Dec 11, 2012

4-Apr-18

31-Oct-22

Jennifer Wolfe

Advanced Nurse Practitioner

Westerville

 

14-Mar-18

31-Oct-22

Thomas Taneff

Public Member

New Albany

May 5, 2006-Oct 31, 2008

1-Nov-18

31-Oct-23

Nov 1, 2008-Oct 31, 2013

Nov 4, 2013-Oct 31, 2018

Rowena Yeager

Cosmetologist Managing Salon

Aurora

Jan 5, 2017-Oct 31, 2018

1-Nov-18

31-Oct-23

Two positions are currently unfilled: a tanning facility owner and an employee barber.

The Board is required to meet at least four times each year, but normally meets every other month. In addition to regular Board meetings, the Board has established two committees and a workgroup to improve efficiency, which permits the Board to address subject-specific issues and make recommendations to the full Board.

The Committees are:

  • Curriculum Review Committee: This Committee is tasked with reviewing the curriculum standards for cosmetology, branches of cosmetology, and barber programs. Educational curriculums are reviewed to assure the programs provide the coursework necessary for students to take and pass the minimal competency examination for each type of license issued by the Board. The Committee recommends curriculum changes to the Board for approval.

  • Rules Review Committee: This Committee is tasked with meeting with staff to consider new, amended, or proposed rescinded rules. The Committee may accept, reject, or modify staff recommendations. Proposed rules are sent to the full Board for consideration. The process provides an efficient review that streamlines drafting processes and results in rules that are better formulated, taking into consideration input from interested parties and regulated persons.

Additionally, one member is assigned as a Board liaison to a staff workgroup called the Administrative Review Group. The Review Group is charged with reviewing complaints, inspections, and investigations to determine if the findings warrant the issuance of a Notice of Opportunity for Hearing, or if the matter should be dismissed for legal or jurisdictional reasons.

The Review Group may review settlement agreement conditions, proposed Notices of Opportunity for Hearing to determine if the inspection report findings correlate to alleged violations, and other actions taken by the Board. The workgroup takes no action and does not conduct any business on behalf of the Board. All recommendations must go before the full Board for consideration before implementation.


Purpose

The Board is a multi-dimensional agency authorized under Chapters 4709 and 4713 of the Ohio Revised Code. Under the authority established by law, the Board regulates individuals and businesses engaged in providing barbering, cosmetology, branches of cosmetology (e.g., esthetics, hair design, manicuring, and natural hair styling), boutique, and tanning services. Businesses regulated include barbershops and salons engaged in retail barbering and cosmetology services, tanning facilities, and barber and cosmetology schools.

In addition to its licensing duties, the Board routinely inspects businesses (barbershops, salons, tanning facilities, and schools) engaged in the provision of barbering, cosmetology, and tanning services. Inspectors issue reports in real-time using a web-based inspection system. Violations and warnings are determined based upon guidance established by the Board that takes into consideration the criticality of the findings. Inspections where violations are issued will result in the issuance of a formal Notice of Opportunity for Hearing issued under Chapter 119 of the Ohio Revised Code. Additionally, the Board also receives and processes complaints from the public. Complaints may result in a complaint inspection depending upon the nature of the complaint. A complaint inspection may also lead to the issuance of a formal Notice of Opportunity for Hearing issued under Chapter 119 of the Ohio Revised Code. In all respects, persons, including individuals, boutique registrants, barbershops, salons, schools, or tanning facilities, alleged to have committed a violation of Chapter 4709 or 4713 of the Ohio Revised Code, or rules promulgated thereunder, are afforded an opportunity for a hearing under the applicable provisions of law.

Following an adjudication hearing, the Board may act against a licensed barbershop, salon, school, tanning facility, or person licensed as a barber, cosmetologist, esthetician, hairstylist, manicurist, natural hair stylist, or a boutique service registrant. Within the parameters of applicable law under Chapters 4709 and 4713 of the Ohio Revised Code, the Board may refuse to issue or renew, deny, suspend, or revoke a license. Additionally, the Board may also levy fines, require corrective action courses, or impose conditions on certain licenses.

If a person or facility is found practicing or operating without a license, permit, or registration, the Board may seek an injunction or appropriate restraining order for such practice in the county where the violation occurred. The Office of the Ohio Attorney General, upon the Board’s request, may pursue appropriate relief through the court of common pleas in the county in which the violation occurred.

Official actions of the Board are journalized in the minutes of each meeting. Board meeting minutes are available to the public by mail, electronic mail, and a full year or more of the minutes are maintained on the Board’s website. The Board disseminates information concerning its activities, forms, notices, and Board member profiles on its state website: www.cos.ohio.gov.


Funding

The Board is self-sustained through fees generated from applications for initial licensure, renewal fees, fines, and other miscellaneous sources. The Board’s fees are deposited into the Occupational and Professional Licensing Fund, called the “4K90” fund, consisting of revenue from twenty-seven commissions and professional licensing boards. Each agency in the fund is required to generate sufficient revenue to meet its own expenses. Although the 4K90 fund serves as the funding source for the Board, it is not a rotary fund. The Board is funded through the standard biennial budget process, meaning the Ohio General Assembly establishes the Board’s biennial budget. Every two years the Board reviews licensure fees and budget requirements to determine if fee adjustments are necessary.


Finances

Pursuant to Chapters 4709 and 4713 of the Ohio Revised Code, the Board is authorized to charge fees for the issuance of licenses or permits and to impose fines for violations of those chapters and rules adopted thereunder. Total revenue collected in Fiscal Years ending in even numbers will show a deficit in comparison to expenditure for the year due to licensure renewal activity, the majority of which occurs during odd-numbered Fiscal Years. Odd-numbered year revenue represents approximately 80% of the agency’s biennial total.

FY 2020 Revenue Collected as of 6/30/2019

Revenue 4K90

FY 2019

Business Licenses & Fees (421508)

7,707,473.50

Fines & Penalties (Var. Accounts)

392,785.55

Recoveries & Reimbursements (Var. Accounts)

4,897.03

Refunds & Other Reimb. (Var. Accounts)

1,538.64

Licenses & Fees/ISTV (470200)

17,414.5

Total

8,122,570.58

Expenses

FY 2019

Personal Service (Account ID 500)

3,755,0334.33

Purch Personal Service (Acct 510)

187,144.14

Supplies & Maintenance (Account ID 520)

1,323,540.44

Equipment (Account ID 530)

119.98

Settlements, Bonds (Account ID 590)

 

Transfers & Non-Expense (Account ID 595)

 

Total

5,265,838.89

Fees and Other Receipts for FY 2019

Name of Fee or Revenue Source

Authorizing

R.C. Section or Rule

Current Fee

Date Current Fee Effective*

# Paying Fee

Total Fees Collected

Cosmetology School- New License

4713.10(A8)

4713-1-17 (I)

$250.00

7/26/1991

8

$2,000.00

Cosmetology School - License Renewal

4713.10(A8)

4713-1-17 (I)

$250.00

7/26/1991

163

$40,750.00

Barber School-New

License

4709.12 (A11)

$1000.00

 

2

$2,000.00

Barber School - License

Renewal

4709.12 (A11)

$1000.00

 

13

$13,000.00

Barber School -

Inspection

4709.12 (A10)

$750.00

 

2

$1,500.00

Barber Shop-New

License

4709.12 (A7)

$110.00

 

376

$41,360.00

Barber Shop - License

Renewal

4709.12 (A8)

$75.00

 

2126

$159,450.00

Tanning Facility - New License

4713.08(A16),

4713.08 (F)

OAC 4713-19- 01(A)

$65.00

7/1/1984

212

$13,780.00

Tanning Facility - License Renewal

4713.08(A16),

4713.08 (F)

OAC 4713-19-

01(B)

$50.00

7/1/1984

1022

$51,100.00

Beauty Salon - New

License

4713.10(A9)

4713-1-17 (J)

$75.00

8/1/2007

1436

$107,700.00

Beauty Salon - License

Renewal

4713.10(A10)

4713-1-17 (K)

$60.00

8/1/2007

8687

$521,220.00

Nail Salon - New

License

4713.10(A9)

4713-1-17 (J)

$75.00

8/1/2007

119

$8,925.00

Nail Salon - License

Renewal

4713.10(A10)

4713-1-17 (K)

$60.00

8/1/2007

1055

$63,300.00

Esthetics Salon - New

License

4713.10(A9)

4713-1-17 (J)

$75.00

8/1/2007

141

$10,575.00

Esthetics Salon -

License Renewal

4713.10(A10)

4713-1-17 (K)

$60.00

8/1/2007

743

$44,580.00

Hair Design Salon -

New License

4713.10(A9)

4713-1-17 (J)

$75.00

8/1/2007

30

$2,250.00

Hair Design Salon -

License Renewal

4713.10(A10)

4713-1-17 (K)

$60.00

8/1/2007

323

$19,380.00

Natural Hair Stylist

Salon - New License

4713.10(A9)

4713-1-17 (J)

$75.00

8/1/2007

5

$375.00

Natural Hair Stylist Salon - 
License 
Renewal

4713.10(A10)

4713-1-17 (K)

$60.00

8/1/2007

14

$840.00

Boutique Salon - New License

4713.10(A9)

4713-1-17 (J)

$75.00

9/13/2016

43

$3,225.00

Boutique Salon - License Renewal

4713.10(A10)

4713-1-17 (K)

$60.00

9/13/2016

32

$1,920.00

Independent Contractor - New License

4713.08 (A9)

OAC 4713-13- 02(B)

$75.00

8/1/2007

2416

$181,200.00

Independent Contractor - License Renewal

4713.08 (A9)

OAC 4713-13-

02(B)

 

$60.00

8/1/2007

17811

$1,068,660.00

Barber - New License

4709.12 (A3)

$30.00

 

259

$7,770.00

Barber - License Renewal

4709.12 (A4)

$110.00

 

6282

$691,020.00

Barber Teacher - New License

4709.12 (A14)

$185.00

 

35

$6,475.00

Barber Teacher - License Renewal

4709.12 (A15)

$150.00

 

93

$13,950.00

Cosmetologist - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

2508

$112,860.00

Cosmetologist - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

18272

$822,240.00

Cosmetologist - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

3413

$85,325.00

Managing/Advanced
Cosmetologist - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

242

$10,890.00

Managing/Advanced Cosmetologist -License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

40544

$1,824,480.00

Managing/Advanced Cosmetologist - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

4705

$117,625.00

Cosmetology Instructor - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

71

$3,195.00

Cosmetology Instructor - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

2832

$127,440.00

Cosmetology Instructor - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

853

$21,325.00

Manicurist - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

511

$22,995.00

Manicurist - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

4507

$202,815.00

Manicurist - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

414

$10,350.00

Managing/Advanced Manicurist - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

208

$9,360.00

Managing/Advanced Manicurist - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

6998

$314,910.00

Managing/Advanced Manicurist - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

654

$16,350.00

Manicurist Instructor - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

9

$405.00

Manicurist Instructor - License Renewal

4713.10 (A7)4713-1-17

(G)

$45.00

8/1/2007

120

$5,400.00

Manicurist Instructor - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

36

$900.00

Esthetician - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

375

$16,875.00

Esthetician - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

1245

$56,025.00

Esthetician - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

131

$3,275.00

Managing/Advanced Esthetician - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

280

$12,600.00

Managing/Advanced
Esthetician - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

3048

$137,160.00

Managing/Advanced Esthetician - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

263

$6,575.00

Esthetics Instructor -New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

8

$360.00

Esthetics Instructor - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

113

$5,085.00

Esthetics Instructor - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

20

$500.00

Natural Hair Stylist - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

4

$180.00

Natural Hair Stylist -License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

8

$360.00

Natural Hair Stylist - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

0

$0.00

Managing/Advanced Natural Hair Stylist -New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

3

$135.00

Managing/Advanced Natural Hair Stylist -License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

38

$1,710.00

Managing/Advanced Natural Hair Stylist -Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

3

$75.00

Natural Hair Stylist Instructor - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

0

$0.00

Natural Hair Stylist Instructor - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

1

$45.00

Natural Hair Stylist
Instructor - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

1

$25.00

Hair Designer - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

31

$1,395.00

Hair Designer - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

134

$6,030.00

Hair Designer - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

15

$375.00

Managing/Advanced Hair Designer - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

1

$45.00

Managing/Advanced Hair Designer - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

112

$5,040.00

Managing/Advanced Hair Designer - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

4

$100.00

Hair Designer Instructor - New License

4713.10 (A5)

4713-1-17 (E)

$45.00

8/1/2007

0

$0.00

Hair Designer Instructor - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45.00

8/1/2007

4

$180.00

Hair Designer Instructor - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25.00

 

0

$0.00

Late Fees for 4713 Licenses

4713.10 (11)

4713-1-17 (M)

$45.00

8/1/2007

4165

$187,425.00

Late Fee 4709 Barber

4709.12 (A5)

$40.00

---

0

$39,760.00

Late Fee 4709 Barber Teacher

4709.12 (A16)

$75.00

---

10

$750.00

Late Fee Barber Shop

4709.12 (A9)

$35.00

---

309

$10,815.00

License Restoration 
Lapsed Renewal 4713

4713.10 (11)

4713-1-17 (M)

---

---

0

$97,276.50

Lapsed Year Fee 4709 Barber

4709.12 (A5)

$75.00

---

336

$25,200.00

Lapsed Year Fee 4709 Barber Teacher

4709.12 (A16)

$60.00

---

3

$180.00

Duplicate License 4713

4713.10 (A12)

4713-1-17 (O)

$20.00

8/1/2007

682

$13,640.00

Duplicate License 4709

4709.12 (A6)

$45.00

 

55

$2,475.00

Reciprocity 4713

4713.10 (A6)

4713-1-17 (F)

$70.00

8/1/2007

1268

$88,760.00

Reciprocity 4709

4709.12 (A17)

$300.00

 

20

$6,000.00

Board Certification 4713

4713.10 (A13)

4713-1-17 (P)

$50.00

7/26/1991

863

$43,150.00

Board Certification 4709

4709.12 (A18)

$40.00

 

73

$2,920.00

Examination 4713

4713.10 (A2)

4713-1-17 (B)

$31.50

8/1/2007

5334

$168,021.00

Retake Examination 4713

4713.10 (A4)

4713-1-17 (D)

$31.50

8/1/2007

1991

$62,716.50

No Show Examination 4713

4713.10 (A3)4713-1-17

(C)

$40.00

4/7/2003

194

$7,760.00

Examination 4709

4709.12 (A1)

$90.00

 

328

$29,520.00

Retake Examination 
4709

4709.12 (A2)

$45.00

 

155

$6,975.00

Student Registration
4709

4709.12 (A13)

$40.00

 

673

$26,920.00

Work Permit

4713.10 (A1)

4713-1-17 (A)

$7.50

8/1/2007

2244

$16,830.00

Special Occasion Work
Permit

4708.08 (A8)

4713-11-13(C1)

$50.00

2/28/2014

0

$0.00

Temporary Event Salon

4713-8-09 (C1)

$10.00

9/13/2016

103

$1,030.00

Continuing Education- Online/Corr/Tan

4713.08 (A19)

4713-21-08(B2)

$250.00

6/21/2011

55

$13,750.00

Continuing Education- Workshop/Demo

4713.08 (A19)

4713-21-08(A2)

$100.00

6/21/2011

677.5

$67,750.00

Overage

N/A

---

N/A

0

-$1,913.44

Less Bad Checks

N/A

---

N/A

0

-$20,909.50

Bad Checks Paid

N/A

---

N/A

0

$8,102.44

Bad Check Penalty Fee

4713.10 (A14)

4713-1-17 (Q)

$30.00

8/1/2007

34.95

$998.50

Violation Fines 4713

4713.64 (E1)

$250-

1000/offense

7/26/1991

 

$147,157.82

Violation Fines 4709

4709.99

$100-

1000/offense

5/14/1992

 

 

Fine Late Fee

4713.64 (E4)

4713-1-15 (C)

10% of fine

amount

9/13/2016

 

$4,340.59

Fine Interest Payment

4713.64 (E5)

4713-1-15 (D)

---

9/13/2016

 

$4,897.03

Other Revenue

 

---

---

 

$1,538.64

Intra-State Transfer
Voucher

 

 

 

 

$17,414.50

Total 4K90 collected for Fiscal Year

 

 

 

 

$8,122,570.58

* If no date provided, we are unable to identify the history of when the fee was created.


Staffing

During FY 2019, the Board employed 46 full-time staff. The staff consists of an Executive Director, a Deputy Director, seven supervisory/administrative staff, four customer service staff, five examiners, seventeen field inspectors, three administrative action staff, six exam/licensing staff, and two administrative/fiscal staff.


Education

The Board is responsible for licensing private, career technical, adult, and Department of Rehabilitation programs that offer training in barbering, cosmetology, or branches of cosmetology. There are four distinct types of schools that offer educational programs in either barbering or cosmetology/branches of cosmetology: Adult Education – Public Schools, Career Technical, Rehabilitation and Corrections, and Private Schools.

Adult Education programs through a Career Technical School are programs offered by the Career Technical School as an after-hours program for adult learners returning to increase their skills in a specific career track, such as cosmetology or branches of cosmetology.

Career Technical Schools are affiliated with the public-school system offering a comprehensive educational approach to complete both primary education requirements and training in technical theory and practical skills in cosmetology or branches of cosmetology.

Rehabilitation and Corrections Schools are in Ohio correction facilities. These programs offer all training hours required to qualify for a license in cosmetology and barbering. The Ohio Department of Rehabilitation and Correction offers one cosmetology and five barbering programs in system facilities throughout the state.

Private Schools are proprietary businesses that offer education and training in technical theory and practical skills in barbering, cosmetology, or branches of cosmetology. The National Accrediting Commission of Cosmetology Arts and Sciences (NACCAS) accredits most of these schools. The Accrediting Commission of Career Schools and Colleges is also an organization that offers accreditation. Accreditation is not a specific requirement under Ohio laws and rules.

The Board currently licenses 16 private barber colleges, 1 adult education barber school, and 5 rehabilitation and correction barber schools. For cosmetology and/or branches of cosmetology, the Board licenses 88 Career Technical Schools, 56 Private Schools, 21 Adult Education programs, and 1 Rehabilitation and Correction cosmetology school. During FY 2019, 2 barber schools closed in the State of Ohio while 3 schools opened. Additionally, 10 cosmetology schools closed, and 7 new schools opened.


Student Enrollment

Key: COS – Cosmetology, EST – Esthetics, MAN – Manicuring, HD – Hair Design, NHS – Natural Hair Styling, Credentials ending in “A” – Advanced program, ADV – Advanced only hours.

Student Enrollment Table

Student Enrollment Table 2

Student Enrollment Table 3

Student Enrollment Table 4

Student Enrollment Table 5

Student Enrollment Table 6 & Graduates Table

Graduates Table 2

Graduates Table 3

Graduates Table 4

Graduates Table 5

Graduates Table 6

Graduates Table 7

Cost of Attendance Table

Cost of Attendance Table 2

Cost of Attendance Table 3

Cost of Attendance Table 4

Cost of Attendance Table 5

Cost of Attendance Table 6

Cost of Attendance Table 7 & Student Loan Default Rate Table

Student Loan Default Table 2

Student Loan Default Table 3

Student Loan Default Table 4

Student Loan Default Table 5

The Edwin C. Jefferson Barber School

SCHL 000027

N/A

Harding Memorial Barber School

SCHL 000021

N/A

Hope Valley

SCHL 000025

N/A


Licensure

The State Cosmetology and Barber Board is responsible for the licensing of individuals engaged in providing barbering, cosmetology, or branches of cosmetology services. The Board licenses salons engaged in retail cosmetology services, branch of cosmetology services, barber shops, and tanning services. The Board is responsible for the licensure of education programs designed to prepare persons for careers in barbering, cosmetology, or branches of cosmetology.
Additionally, the Board issues permits to persons engaged in limited services called “boutique services” and salon licenses to businesses engaged in the provision of boutique services.


Examinations

Examinations are offered year-round. Typically, the examination center has examinations scheduled Monday through Friday throughout the year. The examination center is designed to accommodate up to 50 practical exams and 30 theory exams per session. The examination system integrates with Ohio’s eLicense system. Results are automatically uploaded, and licenses can be issued immediately upon passing the theory and practical examinations and filing the license application. This same day service allows licensees to begin working in the industry immediately after successfully completing their competency examination for their intended careers.

Exam Name

Exam Type

Scheduled Students

No-Show Students

First Timers

Avg First Score

Barber

Theory

518

97

290

76.82

Barber

Practical

430

74

285

84.39

Barber Teacher

Theory

20

0

20

76.0

Cosmetology

Theory

3541

355

2635

81.23

Cosmetology 1

Practical

966

117

735

83.81

Cosmetology 3

Practical

2271

196

1896

84.52

Advanced Cosmetology

Theory

401

26

283

77.12

Cosmetology Instructor

Theory

78

13

22

81.73

Nail Technician

Theory

1915

182

763

76.48

Nail Technician

Practical

1055

156

752

83.45

Advanced Manicuring

Theory

304

45

208

82.37

Esthetics

Theory

820

67

615

83.78

Esthetics 3

Practical

764

66

616

92.22

Advanced Esthetics

Theory

385

21

313

80.14

Hair Designer

Theory

57

8

34

82.0

Hair Designer 1

Practical

10

1

8

84.33

Hair Designer 2

Practical

40

7

26

84.72

Natural Hair

Theory

11

2

6

72.50

Natural Hair 3

Practical

7

1

6

77.25

Advanced Natural Hair Stylist

Theory

3

0

3

86.67

Grand Total

 

13590

1448

9496

81.58

It should be noted that the Barber Teacher Exam procedure changed on February 21, 2019 as a result of a rule change. The rule change resulted in the exam becoming a theory only exam.


Professional Licensing

The State Cosmetology and Barber Board is responsible for the issuance and regulation of many professional licenses. In the practice of barbering, three licenses are issued: Barber, Barber Teacher, and Assistant Barber Teacher. In the practice of cosmetology or branch of cosmetology, the Board issues two types of practicing licenses: a basic practicing license and an advanced practicing license. Additionally, the Board issues an instructor license for persons seeking authorization to teach cosmetology or a branch of cosmetology, and an Independent Contractor license to persons that rent booth space in salons. Persons that lease or rent a barber chair within a licensed barbershop are required to hold a separate chair license for that service. Last, the Board issued a Boutiques Service Registration, at no cost, for persons
engaging in boutique services. The scope of services covered under the boutique services registration are shampooing, braiding, and threading.


Business Licensing

Beauty salon and cosmetology school licenses are issued by the Board and are designated according to the scope of practice rendered: cosmetology, esthetics, manicuring, hair design, natural hair styling, or boutique services. Barbershops are licensed to provide barber services, but other additional services, such as manicuring, can be offered at a barbershop. Barber schools are licensed to provide barbering education only. Additionally, the Board issues permits to tanning facilities. Tanning facilities, pursuant to provisions of law, must restrict access or limit service based upon the age of the person seeking to use the tanning equipment. The Board develops consent forms, conforming to the Ohio Revised Code, which clearly state the risk factors associated with tanning and skin exposure to radiation produced by UV light sources in tanning systems.

The total number of new and renewal licenses in each profession are as follows:

Type of License

FY 2019 Active

FY 2019 New

Cosmetologist

20253

2848

Cosmetologist Instructor

2821

77

 

Advanced Cosmetologist

40327

234

Beauty Salon

9631

1467

Esthetician

1698

521

Esthetician Instructor

112

8

Advanced Esthetician

3284

264

Esthetic Salon

830

140

Hair Designer

163

38

Hair Designer Instructor

4

0

Advanced Hair Designer

113

1

Hair Designer Salon

336

36

Independent Contractor

19561

2402

Manicurist

5277

973

Manicurist Instructor

124

10

Advanced Manicurist

7107

221

Nail Salon

1129

127

Natural Hair Stylist

9

4

Natural Hair Stylist Instructor

1

0

Advanced Natural Hair Stylist

36

4

Natural Hair Stylist Salon

16

3

Cosmetology School

168

8

Tanning Facility

1159

185

Boutique Services Registration

1284

867

Boutique Services Salon

58

41

Barber

8026

310

Barber School

21

2

Barber Shop

2771

295

Barber Teacher

120

17

Assistant Barber Teacher

16

13

Chair Rental License (Barber)

92

48

Temporary Event Salon License

89

102


Inspections/Complaints/Administrative Action

The Board is authorized under Chapters 4709 and 4713 of the Ohio Revised code to inspect facilities licensed by the Board. Additionally, the Board may investigate complaints filed by consumers. Pursuant to the findings of inspections, the Board may impose disciplinary action again individual licensees, barbershops, salons, schools, or tanning facilities for violating standards of practice in the provision of services. Hearings are held in accordance with Chapter 119 of the Ohio Revised Code. Alternative settlement agreements (Consent Agreements) are regularly offered in lieu of a hearing. Once approved by the Board, Settlement Agreements are entered upon the Board's journal as an Order of the Board.

In FY 2019, the Board field inspectors attempted 12,733 inspections representing 11,774 businesses visited. Of these, 959 were reported as "No Contact," meaning the business was not open or the inspector could not enter the premises.

During FY 2019, the Board received 561 complaints. Of those, 534 were closed and 27 are in the pending status. There were 90 violations issued on these 561 complaints.

The total number and type of violations, including a list of the top ten violations, which shall aid in the identification of focus areas for continuing education purposes:

Board Inspectors found 2,285 violations in FY2019, 833 of which were issued as warnings at the time of the inspection. The top 10 violations noted were:

Violation Type

FY 2019 (Violations & Warnings

Combined)

Ohio Adm.Code 4713-15-01 - 
General Sanitation

233

R.C. 4713.56 - Producing Personal License/Posting Salon License

199

R.C. 4713.14(I) - Operating a Salon 
Without a Current, Valid License

171

Ohio Adm.Code 4713-15-15(D) - Electrical Equipment Sanitation

138

R.C. 4709.02(A) - Engaging in the Practice of Barbering Without a License

125

R.C. 4713.14(B)(1) - Aiding and Abetting the Practice of a Branch of Cosmetology Without a Current,
Valid 
License

121

R.C. 4713.14(C)(1)-(5) - Practicing a Branch of Cosmetology Without a Current, Valid License

114

Ohio Adm.Code 4713-15-03(B) - Reusing/Failing to Discard Used Porous Implements

105

Ohio Adm.Code 4713-1-10(B)(5) - Failure to Post Inspection Report

97

R.C. 4709.02(B) - Operating a Barber Shop Without a License

86

The twenty salons and individuals cited with the most violations for unlicensed workers in FY 2019 were as follows:

American Nails - MANS.130323

6

Venus Nails - MANS.120112

4

Lexington Nails Spa - MANS.110727

4

Perfect Brow Art Inc. - ESTS.120981, ESTS.130445, ESTS.121192

4

Venetian Nail Spa - MANS.081068

3

Regal Nails - MANS.081402

3

New Phila Nail - MANS.130558

3

J&R Hair Service - COSS.040974

3

Global Salon - COSS.170074

3

Zeno's Cutting Edge - COSS.111387

2

Vogue Hair Salon - COSS.180995

2

US Nail Spa - MANS.111454

2

Thread Brown Bar - COSS.190191

2

The Giving Tree Salon & Spa LLC - COSS.140559

2


  The Giving Tree Salon & Spa LLC -  COSS.110585

2

Shear Image - COSS.041127

2

Polished Hair Designs and Nail Gallery - COSS.110409

2

Nails 3000 - MANS.151149

2

Lima Nails - MANS.110215

2

Kyra Nails & Spa - MANS.190003

2

Joshne Inc Hair and Nail Salon - 

COSS.960252

2

Great Clips Northgate - HDS.170556

2

Blondie LLC - COSS.190011

2

Addiction Hair Studio - COSS.080943

2

During FY 2019, the Board entered 463 Board Orders. Of this total, 14 Orders were entered following hearings in accordance with Chapter 119 of the Revised Code, 204 Orders were entered for individuals and businesses who failed to respond to a Notice of Opportunity for Hearing, and 245 Orders were entered based upon executed Consent Agreements. The Board also closed 100 open adjudications with warnings based on the individual or business timely complying with the laws and/or rules at issue in the violation.


Recommended Law Changes

Recommended changes to 4709 are as follows:

Code Section

Current Language

Proposed Change

Reason for Change

Chapter-wide "person" "individual Harmonizes language with Chapter 4713 of the Revised Code
4709.01(B) (B) "Sanitary" means free of infectious agents, disease, or infestation by insects or vermin and free of soil, dust, or foreign material. (B) "Sanitary" means
free of infectious
agents, disease, or
infestation by insects
or vermin and free of
soil, dust, or foreign
material.
Current language is unnecessary since infection control standards are outlined in administrative rules. Also, the terms "sanitary" and "sanitation" have been replaced with "infection control" in industry terminology.
4709.01(C) (B) "Sanitary" means free of infectious agents, disease, or infestation by insects or vermin and free of soil, dust, or foreign material. (C)(B) "Barber" means
anyan personindividual
who engages in or
attempts to engage in

the practice of
barbering.
The language "attempts to engage in" is unnecessary. Attempting to engage in the practice of barbering is still engaging in the practice of barbering.
4709.01(D) (D) "Barber school" means any establishment that engages in or attempts to engage in the teaching of the practice of barbering. (D)(C) "Barber school" means any establishmentpremises, building, or part of a building that engages in which students are instructed or attempts to engage in the teachingtheories of theand practicepractices of barbering. Harmonizes language with Chapter 4713 of the Revised Code, and removes unnecessary "attempts" language.
4709.01(E) (E) "Barber teacher" means any person who engages in or attempts to engage in the teaching of the practice of barbering. (E)(D) "Barber teacherinstructor" means any person who engages in or attemptsauthorized to engage in the teachingteach of the theory and practice of barbering. Harmonizes language with Chapter 4713 of the Revised Code, and removes unnecessary "attempts" language.
4709.01(F) (F) "Assistant barber teacher" means any person who assists a barber teacher in the teaching of the practice of barbering. (F)(E) "Assistant barber teacherinstructor" means any person whoauthorized to assistsassist a barber teacherinstructor in the teaching of the theory and practice of barbering. Harmonizes language with Chapter 4713 of the Revised Code, and removes unnecessary "attempts" language.
4709.01(H) (H) "The practice of natural hair styling" means work done for a fee or other form of compensation, by any person, utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, extending, locking, or braiding of the hair, and which work does not include the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair. (H)(G) "The practicePractice of natural hair styling" means work done for a fee or other form of compensation, by any person, utilizing techniques performed by hand that result in tension on hair  roots such as twisting, wrapping, weaving, extending, locking, or braiding of the hair, and which work does not include the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hairhas the same meaning as found in section 4713.01 of the Revised Code. Ensures that there is only one consistent definition of "The practice of natural hair styling" in the Revised Code.
4709.01(I) (I) "Braiding" means intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, and includes extending the hair with natural or synthetic hair fibers. (I)(H) "Braiding" means intertwining the hair in a systematic motion to create patterns in a three- dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, and includes extending the hair with natural or synthetic hair fibershas the same meaning as found in section 4713.01 of the Revised Code. Ensures that there is only one consistent definition of "Braiding" in the Revised Code.
4709.01

(New)
None (I) "Biennial licensing period” means the two-year period beginning on the first day of September of an even-numbered year and ending on the last day of August of the next even-numbered year. Definition is necessary because the term is included in proposed language for Section 4709.11 of the Revised Code.
4709.02(A) (A) Engage in or attempt to engage in the practice of barbering, hold themselves out as a practicing barber, or advertise in a manner that indicates they are a barber, without a barber license issued pursuant to this chapter; (A)  Engage in or attempt to engage in the practice of barbering, hold themselves out as a practicing barber, or advertise in a manner that indicates they are a barber, without a barber license issued pursuant to this chapterPractice barbering without a current, valid license under section 4709.07 of the Revised Code or a current, valid temporary pre-examination work permit under section 4709.071 of the Revised Code; Simplifies and eliminates unnecessary language, and harmonizes language with Chapter 4713 of the Revised Code.
4709.02(B) (B) Operate or attempt
to operate a barber
shop without a barber
shop license issued
pursuant to this
chapter;
(B) Operate or attempt to operate a barber shop without a current, valid barber shop license issued pursuant to this chapterunder section 4709.09 of the Revised Code; Simplifies and eliminates unnecessary language, and harmonizes language with Chapter 4713 of the Revised Code.
4709.02(C) (C) Engage in or attempt to engage in the teaching of or assist in the teaching of the practice of barbering without a barber teacher or assistant barber teacher license issued pursuant to this chapter; (C) Engage in or attempt to engage in the teaching ofTeach or assist in the teaching of the theory or practice of barbering without a current, valid barber teacherinstructor or assistant barber teacherinstructor license issued pursuant to this chapterunder section 4709.10 of the Revised Code; Simplifies and eliminates unnecessary language, and harmonizes language with Chapter 4713 of the Revised Code.
4709.02(D) (D) Advertise barbering services unless the establishment and personnel employed therein are licensed pursuant to this chapter; (D) Advertise barbering services unless the establishment and personnel employed therein are licensed pursuant to this chapter; Language is rendered unnecessary by proposed changes that would have all disciplinary actions under Chapter 4709 processed under section 4713.64 of the Revised Code. Section 4713.64 already contains a disciplinary ground for false or deceptive advertising.
4709.02(E) (E) Use or display a barber pole for the purpose of offering barber services to the consuming public without a barber shop license issued pursuant to this chapter;  (E)(D) Use or display a barber pole for the purpose of advertising or offering barber services to the consuming public without a current, valid barber shop license issued pursuant to this chapterunder section 4709.09 of the Revised Code; Removes a potential legal loophole that would allow a salon or other business to use a barber pole in a deceptive manner, but claim that they could not be disciplined because they were not actually offering barber services to the consuming public.
4709.02(F) (F) Operate or attempt to operate a barber school without a barber school license issued pursuant to this chapter; (F)(E) Operate or attempt to operate a barber school without a current, valid barber school license issued pursuant to this chapterunder section 4709.10 of the Revised Code; Simplifies and eliminates unnecessary language, and harmonizes language with Chapter 4713 of the Revised Code.
4709.02(G) (G) Teach or attempt to teach any phase of barbering for pay, free, or otherwise without approval from the state cosmetology and barber board; (G)  Teach or attempt to teach any phase of barbering for pay, free, or otherwise without approval from the state cosmetology and barber board; Language is unnecessary since teaching the practicing of barbering without a license is already prohibited by division (C) of this section.
4709.02(H) (H) Being a barber, knowingly continue the practice of barbering, or being a student, knowingly continue as a student in any barber school, while such person has an infectious, contagious, or communicable disease; (H)  Being a barber, knowingly continue the practice of barbering, or being a student, knowingly continue as a student in any barber school, while such person has an infectious, contagious, or communicable disease; Language is rendered unnecessary by proposed changes that would have all disciplinary actions under Chapter 4709 processed under section 4713.64 of the Revised Code. Section 4713.64 already contains a disciplinary ground for practicing with an infectious or contagious disease.
4709.02(I) (I) Obtain or attempt to obtain a license by fraudulent misrepresentation for money, other than the required fee, or any other thing of value; (I)(F) Obtain or attempt to obtain a license by fraudulent misrepresentation for money, other than the required fee, or any other thing of valueUse fraud or deceit in obtaining or making application for a license or permit issued pursuant to this chapter; Simplifies and eliminates unnecessary language, and harmonizes language with Chapter 4713 of the Revised Code.
4709.02(J) (J) Practice or attempt to practice barbering by fraudulent misrepresentation; (J) Practice or attempt to practice barbering by fraudulent misrepresentation; Language is unnecessary since practicing barbering without a license is already a basis for discipline.
4709.02(K) (K) Employ another person to perform or himself perform the practice of barbering in a licensed barber shop unless that person is licensed as a barber under this chapter; (K)(G) Employ anothera person to perform or himself perform the practice of barbering in a licensed barber shop unless that person is licensed as a barber under this chapterwithout a current, valid license under section 4709.07 of the Revised Code or a current, valid temporary pre- examination work permit under section 4709.071 of the Revised Code; Simplifies and eliminates unnecessary language, and harmonizes language with Chapter 4713 of the Revised Code.
4709.02(L) (L) Use any room or place for barbering which is also used for residential or other business purposes, unless it is separated by a substantial ceilinghigh partition. This does not exclude hair care products used and sold in barber shops or the sale of clothing and related accessories as authorized by division (F) of section 4709.09 of the Revised Code. (L)(H) Use any room or place for barbering which is also used for sleeping or residential purposesor other business purposes, unless it is separated by a substantial ceiling-high partition. This does not exclude hair care products used and sold in barber shops or the sale of clothing and related accessories as authorized by division (F) of section 4709.09 of the Revised Code. Removal of this language expands opportunities for barbers to include other services within a barbershop, and allows barbers to practice in additional locations (special events, conventions, trade shows, etc.) as approved by the Board. It also harmonizes language with Chapter 4713 of the Revised Code and afford barbers some same opportunities as cosmetology professionals.
4709.02(M) (M) Violate any rule adopted by the board or department of health for barber shops or barber schools. (M) Violate any rule adopted by the board or department of health for barber shops or barber schools. Language is rendered unnecessary by proposed changes that would have all disciplinary actions under Chapter 4709 processed under section 4713.64 of the Revised Code. Section 4713.64 already contains a disciplinary ground for rule violations, and the Board is proposing to specifically add rules adopted under Chapter 4709 to this disciplinary ground.
4703.03

(Introductory Paragraph)
The following persons are exempt from this chapter while in the proper discharge of their professional duties: The following personsindividuals are exempt from this chapter while in the proper discharge of their professional duties: Vague language regarding professional duties is removed and replaced with more specific scope of licensure language in all subsections.
4709.03(A) (A) Persons licensed by this state to practice medicine and surgery;  (A)  Persons licensed by this stateAll individuals licensed to practice medicine, and surgery, dentistry, and nursing, or any of its branches, in this state, while acting within the scope of practice for the license, permit, or certificate held; Harmonizes terminology and language with Chapter 4713 of the Revised Code, and includes specific scope of licensure language.
4709.03(B) (B) Commissioned medical or surgical officers of the United States army, navy, or marine hospital service; (B) Commissioned medical or surgical officers of the United States army, navy, or marine hospital servicemilitary, and attendants attached to the same, while acting within the scope of practice for the license, permit, or certificate held; Harmonizes terminology and language with Chapter 4713 of the Revised Code, and includes specific scope of licensure language.
4709.03(C) (C) Nurses registered under Chapter 4723. of the Revised Code; (C) Nurses registered under Chapter 4723. of the Revised Code; Language is moved to division (A) to harmonize language with Chapter 4713 of the Revised Code.
4709.03(D) (D) Cosmetologists and hair designers licensed under Chapter 4713. of the Revised Code, insofar as their usual and ordinary vocation and profession is concerned as described in section 4713.01 of the Revised Code; (D)(C) Cosmetologists and hair designers licensed under Chapter 4713. of the Revised Code, insofar as their usual and ordinary vocation and profession is concerned as described in section 4713.01 of the Revised Codewhile acting within the scope of practice for the license, permit, or certificate held; Includes specific scope
of licensure language.
4709.03(E) (E) Funeral directors, embalmers, and apprentices licensed or registered under Chapter 4717. of the Revised Code. (E)(D) Funeral directors, embalmers, and apprentices licensed or registered under Chapter 4717. of the Revised Code, while acting within the scope of practice for the license, permit, or certificate held.; Includes specific scope
of licensure language.
4709.03

(New)
None (E) Volunteers of hospitals, and homes as defined in section 3721.01 of the Revised Code, who render service to registered patients and inpatients who reside in such hospitals or homes. Such volunteers shall not use or work with any chemical products such as permanent wave, hair dye, or chemical hair relaxer, which without proper training would pose a health or safety problem to the patient; Harmonizes terminology and language with Chapter 4713 of the Revised Code.
4709.03

(New)
None (F) Nurse aides and other employees of hospitals and homes as defined in section 3721.01 of the Revised Code, who practice barbering on registered patients only as part of general patient care services and who do not charge patients directly on a fee for service basis; Harmonizes terminology and language with Chapter 4713 of the Revised Code.
4709.03

(New)
None (G) Cosmetic therapists and massage therapists who hold current, valid certificates to practice cosmetic or massage therapy issued by the state medical board under section 4731.15 of the Revised Code, while acting within the scope of practice for the license, permit, or certificate held; Harmonizes terminology and language with Chapter 4713 of the Revised Code.
4703.09

(New)
None (H)  Inmates who provide services related to barbering to other inmates, except when those services are provided in a licensed barber school or barber shop within a state correctional institution. The director of rehabilitation and correction shall oversee the services described in division (H) of this section with respect to sanitation and adopt rules governing those types of services provided by inmates. Harmonizes terminology and language with Chapter 4713 of the Revised Code.
4709.05(A) (A) Hold regular meetings, at the times and places as it determines for the purpose of conducting the examinations required under this chapter, and hold additional meetings for the transaction of necessary business; (A)  Hold regular meetings, at the times and places as it determines for the purpose of conducting the examinations required under this chapter, and hold additional meetings for the transaction of necessary businessRegulate the practice of barbering in this state; Board meeting requirements are already established in Chapter 4713 of the Revised Code. Language added to harmonize with Chapter 4713 of the Revised Code, and to primary duty under the chapter.
4709.05(B) (B) Maintain a record of its proceedings and a register of persons licensed as barbers. The register shall include each licensee's name, place of business, residence, and licensure date and number, and a record of all licenses issued, refused, renewed, suspended, or revoked. The records are open to public inspection at all reasonable times. (B)  Maintain a record of its proceedings and a register of persons licensed as barbers. The register shall include each licensee's name, place of business, residence, and licensure date and number, and a record of all licenses issued, refused, renewed, suspended, or revoked. The records are open to public inspection at all reasonable times. Language is outdated and unnecessary. The Board must maintain a record of its proceedings under the Ohio Open Meetings Act, and licensee data is stored in electronic information and licensing systems.
4709.05(C) (C) Ensure that the practice of barbering is conducted only in a licensed barber shop, except when the practice of barbering is performed on a person whose physical or mental disability prevents that person from going to a licensed barber shop;  (C)  Ensure that the practice of barbering is conducted only in a licensed barber shop, except when the practice of barbering is performed on a person whose physical or mental disability prevents that person from going to a licensed barber shop; Removal of this language allows barbers to practice in additional locations (special events, conventions, trade shows, etc.) as approved by the Board. It also harmonizes language with Chapter 4713 of the Revised Code and afford barbers some same opportunities as cosmetology professionals.
4709.05(D) (D) Conduct or have conducted the examination for applicants to practice as licensed barbers at least four times per year at the times and places the board determines; (D)(B) Conduct or have conducted the examination for applicants to practice as licensed barbers at least four times per year at the times and places the board determines; Language regarding examination frequency in unnecessary and outdated. The Board conducts licensure examinations multiple times per month.
4709.05(E)(1) (1) Sanitary standards for the operation of barber shops and barber schools that conform to guidelines established by the department of health; (1) SanitaryInfection control standards for the operation of barber shops and barber schools that conform to guidelines established by the department of health; Language is unnecessary since the department of health does not establish guidelines for barber shops and barber schools.
4709.05(E)(2) (2) The content of the examination required of an applicant for a barber license. The examination shall include a practical demonstration and a written test, shall relate only to the practice of barbering, and shall require the applicant to demonstrate that the applicant has a thorough knowledge of and competence in the proper techniques in the safe use of chemicals used in the practice of barbering. (2) The content of the examination required of an applicant for a barber license and the required passing scores. The examination shall include a practical demonstration and a written test, shall relate only to the practice of barbering, and shall require the applicant to demonstrate that the applicant has a thorough knowledge of and competence in the proper techniques in the safe use of chemicals used in the practice of barbering. Language establishing a specific score is being proposed for removal from section 4709.07. Placing this obligation in rule allows the Board to adapt to potential changes in testing methodology, and harmonizes the process with examinations under Chapter 4713 of the Revised Code.
4709.05(E)(3) (3) Continuing education requirements for persons licensed pursuant to this chapter. The board may impose continuing education requirements upon a licensee for a violation of this chapter or the rules adopted pursuant thereto or if the board determines that the requirements are necessary to preserve the health, safety, or welfare of the public. (3)  Continuing education requirements for persons licensed pursuant to this chapter. The board may impose continuing education requirements upon a licensee for a violation of this chapter or the rules adopted pursuant thereto or if the board determines that the requirements are necessary to preserve the health, safety, or welfare of the public.and the criteria for approving continuing education courses and providers; Language is rendered unnecessary by proposed changes that would have all disciplinary actions under Chapter 4709 processed under section 4713.64 of the Revised Code. Section 4713.64 already permits the imposition of corrective action courses. Language giving the Board rulemaking authority for continuing education courses and providers is necessary to implement proposed continuing education requirements to protect the public.
4709.05(E)(4) (4) Requirements for the licensure of barber schools, barber teachers, and assistant barber teachers; (4) Requirements for the licensure of barber schools, barber teachersinstructors, and assistant barber teachersinstructors; Harmonizes terminology with Chapter 4713 of the Revised Code.
4709.05(F) (F) Prior to adopting any rule under this chapter, indicate at a formal hearing the reasons why the rule is necessary as a protection of the persons who use barber services or as an improvement of the professional standing of barbers in this state; (F) Prior to adopting any rule under this chapter, indicate at a formal hearing the reasons why the rule is necessary as a protection of the persons who use barber services or as an improvement of the professional standing of barbers in this state; This language is unnecessary since the rulemaking requirements are set forth in Chapter 119 of the Revised Code.
4709.05(G) (G) Furnish each owner or manager of a barber shop and barber school with a copy of all sanitary rules adopted pursuant to division (E) of this section; (G)(D) FurnishMake available a copy of all infection control rules adopted pursuant to division (C)(1) of this section to each owner or manager of a barber shop and barber school with a copy of all sanitary rules adopted pursuant to division (E) of this section; Updates outdated language and allows the Board to make infection control rules available electronically.
4709.05(H) (H) Conduct such investigations and inspections of persons and establishments licensed or unlicensed pursuant to this chapter and for that purpose, any member of the board or any of its authorized agents may enter and inspect any place of business of a licensee or a person suspected of violating this chapter or the rules adopted pursuant thereto, during normal business hours; (H)  Conduct such investigations and inspections of persons and establishments licensed or unlicensed pursuant to this chapter and for that purpose, any member of the board or any of its authorized agents may enter and inspect any place of business of a licensee or a person suspected of violating this chapter or the rules adopted pursuant thereto, during normal business hours; This language is unnecessary since inspection and investigation duties of the Board, including those for Chapter 4709, are already established in Chapter 4713 of the Revised Code.
4709.05(I) (I) Upon the written request of an applicant and the payment of the appropriate fee, provide to the applicant licensure information concerning the applicant; (I)  Upon the written request of an applicant and the payment of the appropriate fee, provide to the applicant licensure information concerning the applicant; This language is vague and unclear. The Ohio Public Records Law already requires the Board to provide such information upon request. In addition, proposed language in section 4709.12 addresses providing such information to another state for reciprocity purposes.
4709.07(A) (A) Each person who desires to obtain an initial license to practice barbering shall apply to the state cosmetology and barber board, on forms provided by the board. The application form shall include the name of the person applying for the license and evidence that the applicant meets all of the requirements of division (B) of this section. The application shall be accompanied by two signed current photographs of the applicant, in the size determined by the board, that show only the head and shoulders of the applicant, and the examination application fee. (A) Each person who desires to obtain an initial license to practice barbering shall apply to the state cosmetology and barber board, on forms provided by the board. The application form shall include the name of the person applying for the license and evidence that the applicant meets all of the requirements of division (B) of this section. The application shall be accompanied by two signed current photographs of the applicant, in the size determined by that meets the specifications established by the board, that show only the head and shoulders of the applicant, and the examination application fee.The state cosmetology and barber board shall issue a barber license to an applicant who satisfies all of the following conditions: Language was reformatted into a list for clarity, and to harmonize with the statutes for practicing licenses in Chapter 4713 of the Revised Code.
4709.07(B) (B) In order to take the required barber examination and to qualify for licensure as a barber, an applicant must demonstrate that the applicant meets all of the following: (B) In order to take the required barber examination and to qualify for licensure as a barber, an applicant must demonstrate that the applicant meets all of the following: Language is rendered unnecessary with the proposed change to division (A) of this section. All requirements formerly listed under division (B) would be moved into a list format under division (A).
4709.07

(New)
None (4) Has submitted a written application on a form furnished by the board that contains all of the following:
(a) The name of the person and any other identifying information required by the board;
(b) A photocopy of the person's current driver's license or other proof of legal residence;
(c) Proof that the person is qualified to take the examination;
(d) 
An oath verifying that the information in the application is true;
(e) 
The application fee under section 4709.12 of the Revised Code.
Criteria moved into a list form and language modified to harmonize with Chapter 4713 of the Revised Code. 
4709.07(B)(4) (4) Has graduated with at least one thousand eight hundred hours of training from a boardapproved barber school or has graduated with at least  one thousand hours of training from a boardapproved barber school in this state and has a current cosmetology or hair designer license issued pursuant to Chapter 4713. of the Revised Code. No hours of instruction earned by an applicant five or more years prior to the examination apply to the hours of study required by this division. (4)(5) Has graduated with at least one thousand eight hundred hours of board-approved training from a board-approvedin a barber school or has graduated with at least one thousand hours of training from a board-approved barber school in this state and has a current cosmetology or hair designer license issued pursuant to Chapter 4713. of the Revised Code.; No hours of instruction earned by an applicant five or more years prior to the examination apply to the hours of study required by this division. Proposed revision would permit the Board to accept approved hours from a barber school in another jurisdiction, and encourage more out-of-state students to seek licensure and employment in Ohio. The proposed revision language would also eliminate a statutory expiration period on instruction hours, and would allow the Board to utilize its rulemaking authority to craft rules to address the issue and preserve these hours for students.
4709.07

(New)
  (6) Submits to having a photograph and biometric fingerprint scans taken by the board;
(7) Passes the required examination;
(8) 
Pays to the board the license fee under section 4709.12 of the Revised Code.
Harmonizes terminology with Chapter 4713 of the Revised Code.
4709.07(C) (C) Any applicant who meets all of the requirements of divisions (A) and (B) of this section may take the barber examination at the time and place specified by the board. If the applicant fails to attain at least a seventy-five per cent pass rate on each part of the examination, the applicant is ineligible for licensure; however, the applicant may reapply for examination within ninety days after the date of the release of the examination scores by paying the required reexamination fee. An applicant is only required to take that part or parts of the examination on which the applicant did not receive a score of seventy-five per cent or higher. If the applicant fails to reapply for examination within ninety days or fails the second examination, in order to reapply for examination for licensure the applicant shall complete an additional course of study of not less than two hundred hours, in a board-approved barber school. The board shall provide to an applicant, upon request, a report which explains the reasons for the applicant's failure to pass the examination. (C)(B) Any applicant who meets all of the requirements of divisions (A) and (B) of this section may take the barber examination at the time and place specified by the board. If the applicant fails to attain at least a seventy-five per cent pass rate on eachany part of the examination, the applicant is ineligible for licensure; however, the applicant may reapply for examination within ninety days after the date of the release of the examination scores by payingand pay the required reexamination fee. An applicant is only required to take that part or parts of the examination on which the applicant did not receive a score of seventy-five per cent or higherpass. If the applicant fails to reapply for examination within ninety days or fails the second examination, in order to reapply for examination for licensure the applicant shall complete an additional course of study of not less than two hundred hours, in a board-approved barber school. The board shall provide to an applicant, upon request, a report which explains the reasons for the applicant's failure to pass the examination. Proposed revisions remove a statutory passing score, and would allow the Board to establish this in rule. This allows the Board to adapt to potential changes in testing methodology, and harmonizes the process with examinations under Chapter 4713 of the Revised Code. The proposed revision language also eliminates a penalty against students who do not immediately reapply for examination. This gives students more flexibility in determining the best time for reapplying for examination.
4708.07(D) (D) The board shall issue a license to practice barbering to any applicant who, to the satisfaction of the board, meets the requirements of divisions (A) and (B) of this section, who passes the required examination, and pays the initial licensure fee. Every licensed barber shall display the certificate of licensure in a conspicuous place adjacent to or near the licensed barber's work chair, along with a signed current photograph, in the size determined by the board, showing head and shoulders only. (D) The board shall issue a license to practice barbering to any applicant who, to the satisfaction of the board, meets the requirements of divisions (A) and (B) of this section, who passes the required examination, and pays the initial licensure fee. Every licensed barber shall display the certificate of licensure in a conspicuous place adjacent to or near the licensed barber's work chair, along with a signed current photograph, in the size determined by the board, showing head and shoulders only. The issuance language is rendered unnecessary by the proposed revision to division (A) of this section. The display language is being removed to harmonize with the process in Chapter 4713 of the revised code. This will allow the Board to utilize a single license format for all licensees.
4709.08 Any person who holds a current license or registration to practice as a barber in any other state or district of the United States or country whose requirements for licensure or registration of barbers are substantially equivalent to the requirements of this chapter and rules adopted under it and that extends similar reciprocity to persons licensed as barbers in this state may apply to the state cosmetology and barber board for a barber license. The board shall, without examination, unless the board determines to require an examination, issue a license to practice as a licensed barber in this state if the person meets the requirements of this section, is at least eighteen years of age and of good moral character, and pays the required fees. The board may waive any of the requirements of this section. Any person who holds a current license or registration to practice as a barber in any other state, territory, or district of the United States or country whose requirements for licensure or registration of barbers are substantially equivalent to the requirements of this chapter and rules adopted under it and that extends similar reciprocity to persons licensed as barbers in this state may apply to the state cosmetology and barber board for a barber license. The board shall, without examination, unless the board determines to require an examination, issue a license to practice as a licensed barberbarbering in this state if the person meets the requirements of this section, is at least eighteen years of age and of good moral character, and pays the required fees. The board may waive any of the requirements of this section. Proposed revision removes the requirement that an individual is only eligible for reciprocity if their jurisdiction extends similar reciprocity to Ohio licensees. The reason for this is that there are no formal reciprocity agreements between states regarding barber licensure, and the statutory language does not define what constitutes "similar" reciprocity. Removal of this language will increase reciprocity for licensees to become licensed and employed in Ohio, and will increase opportunities for Ohio licensees seeking licensure in other jurisdictions.
4709.09 (A) (A) Each person who desires to obtain a barber shop license shall apply to the state cosmetology and barber board, on forms provided by the board. The board shall issue a barber shop license to a person if the board determines that the person meets all of the requirements ofdivision (B) of this section and pays the required license and inspection fees. (A) Each person who desires to obtain a barber shop license shall apply to the state cosmetology and barber board, on forms provided by the board. The board shall issue a barber shop license to a person if the board determines that the person meets all of the requirements of division (B) of this section, and pays the required license and inspection feesfee under section 4709.12 of the Revised Code, and passes an initial inspection. Clarifies the necessary fee and the requirement for an initial inspection prior to licensure. Works in conjunction with the proposed revisions to divisions (A)(10) and (A)(11) of section 4709.12 of the Revised Code. These changes will reduce the cost for opening a new barber school by $750.00.
4709.09(B)(3) (3) Sanitize and maintain in a sanitary condition, all instruments and supplies; (3) Sanitize and maintain in a sanitary condition, all instruments and suppliesBe in compliance with all infection control rules adopted by the board; Updates language and links directly to the Board's infection control rules.
4709.09(B)(4) (4) Keep towels and linens clean and sanitary and in a dry, dust-proof container; (4) Keep towels and linens clean and sanitary and in a dry, dust-proof container; Language is unnecessary as towel and linen storage is addressed in Board rules.
4709.09(C) (C) Any licensed barber who leases space in a licensed barber shop and engages in the practice of barbering independent and free from supervision of the owner or manager of the barber shop is considered to be engaged in the operation of a separate and distinct barber shop and shall obtain a license to operate a barber shop pursuant to this section. (C) Any licensed barber who leases space in a licensed barber shop and engages in the practice of barbering independent and free from supervision of the owner or manager of the barber shop is considered to be engaged in the operation of a separate and distinct barber shop and shall obtain aan independent contractor license to operate a barber shop pursuant to this sectionby submitting the form provided by the board and paying the fee established by the board in rule. Proposed language replaces the "shop-within-a-shop" requirements for independent contractors with an actual independent contractor license, which the Board already issues under Chapter 4713 of the Revised Code. This change allows the Board to issue a single independent contractor license to all Board licensees working as independent contractors. This change will also benefit barber licensees as the fee will be reduced from the current $110.00 ($75.00 renewal) for the "shop-within-a-shop" license to the $75.00 ($60.00 renewal) charged to independent contractors under Chapter 4713. In addition, the independent contractor license is portable, and can be used if the barber changes work locations. The "shop-within-a-shop" license, on the other hand, is location-specific, and an individual would need to obtain a new license if they change work locations.
4709.09(D) (D) A shop license is not transferable from one owner to another and if an owner or operator of a barber shop permanently ceases offering barber services at the shop, the owner or operator shall return the barber shop license to the board within ten days of the cessation of services. (D) A shop license is not transferable from one owner to another and if an owner or operator of a barber shop permanently ceases offering barber services at the shop, the owner or operator shall return the barber shop license to the board within ten days of the cessation of servicesor from one location to another. Revision simply clarifies that shop licenses are locationspecific, and cannot be transferred to a new location. This is consistent with existing rules under Chapter 4709 of the Administrative Code, and harmonizes with Chapter 4713 of the Revised Code and the rules promulgated thereunder. 
4709.09(E) (E)

(1) Manicurists licensed under Chapter 4713. of the Revised Code may practice manicuring in a barber shop.

(2) Tanning facilities issued a permit under section 4713.48 of the Revised Code may be operated in a barber shop.
(E)

(1) Manicurists licensed under Chapter 4713. of the Revised Code may practice manicuring in a
barber shop.

(2) 
Tanning facilities issued a permit under section 4713.48 of the Revised Code may be operated in a barber shop.
The proposed changes to division (L) of section 4709.02 and division (C) of 4709.05 expand the opportunities for barbers to include other services within a barbershop, which renders this language unnecessary.
4709.09(F) (F) Clothing and related accessories may be sold at retail in a barber shop so long as these sales maintain the integrity of the facility as a barber shop. (F) Clothing and related accessories may be sold at retail in a barber shop so long as these sales maintain the integrity of the facility as a barber shop. The proposed changes to division (L) of section 4709.02 and division (C) of 4709.05 expand the opportunities for barbers to include other services within a barbershop, which renders this language unnecessary.
4709.10(A) (A) Each person who desires to obtain a license to operate a barber school shall apply to the state cosmetology and barber board, on forms provided by the board. The board shall issue a barber school license to a person if the board determines that the person meets and will comply with all of the requirements of division (B) of this section and pays the required licensure and inspection fees. (A) Each person who desires to obtain a license to operate a barber school shall apply to the state cosmetology and barber board, on forms provided by the board. The board shall issue a barber school license to a person if the board determines that the person meets and will comply with all of the requirements of division (B) of this section, and pays the required licensure and inspection feesfee under section 4709.12 of the Revised Code, and passes an initial inspection. Clarifies the necessary fee and the requirement for an initial inspection prior to licensure. Works in conjunction with the proposed revisions to divisions (A)(10) and (A)(11) of section 4709.12 of the Revised Code. These changes will reduce the cost for opening a new barber school by $750.00.
4709.10(B) (B) In order for a person to qualify for a  license to operate a barber school, the barber school to be operated by the person must meet all of the following requirements: (B) In order for a person to qualify for a license to operate a barber school, the barber school to be operated by the person must meet all of the following requirements: Language was unnecessary.
4709.10(B)(2) (2) Provide sufficient licensed teaching personnel to meet the minimum pupil teacher ratio established by rule of the board; (2) Provide sufficient licensed teaching personnel to meet the minimum pupil-teacherstudent- instructor ratio established by rule of the board; Updated terminology.
4709.10(B)(4) (4) File with the board a program of its curriculum, accounting for not less than one thousand eight hundred hours of instruction in the courses of theory and practical demonstration required by rule of the board; (4) File with the board a program of its curriculum, accounting for not less than one thousand eight hundred hours of instruction, in the courses of theory and practical demonstration required by rule of the in accordance with board rule; This harmonizes with the licensure of schools of Chapter 4713 of the Revised Code, and the rules promulgated thereunder. The Board is currently in the process of moving all Board rules to a single chapter.
4703.10(B)(6) (6) Maintain adequate record keeping to ensure that it has met the requirements for records of student progress as required by board rule; (6) Maintain adequate record keeping to ensure that it has met the requirements for records of student progress as required byin accordance with board rule; Updates and improves existing language.
4709.10(B)(7)(d) (d) Submit two signed current photographs of the applicant, in the size determined by the board. (d) Submit two signed current photographs of the applicant, in the size determined by the board. The Board is proposing to eliminate the requirement that barber schools submit applicants to the Board for approval before permitting the student to enroll in the school. This change allows schools, most of which are private businesses, to make their own decisions regarding enrollment.
4709.10(B)(8) (8) Have a procedure to submit every student applicant's admission application to the board for the board's review and approval prior to the applicant's admission to the barber school; (8) Have a procedure to submit every student applicant's admission application to the board for the board's review and approval prior to the applicant's admission to the barber school; The Board is proposing to eliminate the requirement that barber schools submit applicants to the Board for approval before permitting the student to enroll in the school. This change allows schools, most of which are private businesses, to make their own decisions regarding enrollment.
4709.10(B)(9) (9) Operate in a manner which reflects credit upon the barbering profession; (9) Operate in a manner which reflects credit upon the barbering profession; Language is vague and unnecessary.
4709.10(B)(10) (10) Offer a curriculum of study which covers all aspects of the scientific fundamentals of barbering as specified by rule of the board; (10) Offer a curriculum of study which covers all aspects of the scientific fundamentals of barbering as specified by rule of the board; The requirement to submit a curriculum to the Board is already addressed in division (B)(4) of this section.
4709.10(B)(11) (11) Employ no more than two licensed assistant barber teachers for each licensed barber teacher employed or fewer than two licensed teachers or one licensed teacher and one licensed assistant teacher at each facility.  (11)(8) Employ no more than two licensed assistant barber teachersinstructors for each licensed barber teacherinstructor employed or fewer than two licensed teachersinstructors or one licensed teacherinstructor and one licensed assistant teacherinstructor at each facility. Harmonizes terminology with Chapter 4713 of the Revised Code.
4709.10

(New)
None (C) A school license is not transferable from one owner to another or from one location to another. Clarifies that shop licenses are location specific, and cannot be transferred to a new location. This harmonizes with Chapter 4713 of the Revised Code and the rules promulgated thereunder. This is also consistent with the proposed revisions to divisions (A)(10) and (A)(11) of section 4709.12 of the Revised Code.
4709.10(C)

(C) Each person who desires to obtain a barber teacher or assistant barber teacher license shall apply to the board, on forms provided by the board. The board shall only issue a barber teacher license to a person who meets all of the following requirements:

(1) Holds a current barber license issued pursuant to this chapter and has at least eighteen months of work experience in a licensed barber shop or has been employed as an assistant barber teacher under the supervision of a licensed barber teacher for at least one year, unless, for good cause, the board waives this requirement; 

(2) Meets such other requirements as adopted by rule by the board; 

(3) Passes the required examination; and

(4) Pays the required fees. If an applicant fails to pass the examination, the applicant may reapply for the examination and licensure no earlier than one year after the failure to pass and provided that during that period, the applicant remains employed as an assistant barber teacher.

The board shall only issue an assistant barber teacher license to a person who holds a current barber license issued pursuant to this chapter and pays the required fees.

(C) Each person who desires to obtain a barber teacher or assistant barber teacher license shall apply to the board, on forms provided by the board. The board shall only issue a barber teacher license to a person who meets all of the following requirements:

(1) Holds a current barber license issued pursuant to this chapter and has at least eighteen months of work experience in a licensed barber shop or has been employed as an assistant barber teacher under the supervision of a licensed barber teacher for at least one year, unless, for good cause, the board waives this requirement;

(2) 
Meets such other requirements as adopted by rule by the board(3) Passes the required examination; and;

(4) 
Pays the required fees. If an applicant fails to pass the examination, the applicant may reapply for the examination and licensure no earlier than one year after the failure to pass and provided that during that period, the applicant remains employed as an assistant barber teacher. 

The board shall only issue an assistant barber teacher license to a person who holds a current barber license issued pursuant to this chapter and pays the required fees.
The Board is proposing to move the requirements for teacher licenses to a new section for clarity.
4709.10(D) (D) Any person who meets the qualifications of an assistant teacher pursuant to division (C) of this section, may be employed as an assistant teacher, provided that within five days after the commencement of the employment the barber school submits to the board, on forms provided by the board, the applicant's qualifications.  (D)  Any person who meets the qualifications of an assistant teacher pursuant to division (C) of this section, may be employed as an assistant teacher, provided that within five days after the commencement of the employment the barber school submits to the board, on forms provided by the board, the applicant's qualifications. The Board is proposing to move the requirements for teacher licenses to a new section for clarity.
4709.11 Every license issued pursuant to this chapter expires on the thirty-first day of August of each even numbered year. Each licensee desiring to do so shall, on or before the first day of September of each even-numbered year, renew the licensee's license pursuant to the standard renewal procedure of Chapter 4745. of the Revised Code. Any holder of an expired license shall restore the holder's license before continuing the practice of barbering or the activity for which the holder is licensed under this chapter and pay the appropriate restoration fee. If the person fails to restore the person's license within six years, the person shall pay any required restoration fee and take any examination required for the license under this chapter. Every license issued pursuant to this chapter expires on the thirty-first day of August of each even- numbered year. Each licensee desiring to do so shall, on or before the first day of September of each even-numbered year, renew the licensee's license pursuant to the standard renewal procedure of Chapter 4745. of the Revised Code. Any holder of an expired license shall restore the holder's license before continuing the practice of barbering or the activity for which the holder is licensed under this chapter and pay the appropriate restoration fee. If the person fails to restore the person's license within six years, the person shall pay any required restoration fee and take any examination required for the license under this chapter If the board adopts rules under section 4709.05 of the Revised Code to establish a continuing education requirement as a condition of renewal for a barber or barber instructor license, the board shall inform each affected licensee of the continuing education requirement that applies to the next biennial licensing period by including that information in the renewal notification it sends the licensee. The notification shall state that the licensee must complete the continuing education requirement by the fifteenth day of August of the next even-numbered year.

The Board may waive or extend the period for completing any continuing education requirement in accordance with division of (B) of section 4713.60 of the Revised Code.
The Board is proposing to move the requirements for restoring an expired license to a new section for clarity. The Board has also added language regarding continuing education to harmonize with Chapter 4713 of the Revised Code.
4709.12(A) (A) The state cosmetology and barber board shall charge and collect the following fees: (A) The state cosmetology and barber board shall charge and collect the following nonrefundable fees: The proposed language clarifies that the fees are nonrefundable. This is consistent with long-establish practice.
4709.12(A)(1) (1) For the application to take the barber examination, ninety dollars; (1) For the application to take the barber examination, not more than ninety dollars; Proposed language
caps the fee at the
current amount, but
permits the Board to
adjust the fee to a
lower amount.
4709.12(A)(2) (2) For an application to retake any part of the barber examination, forty-five dollars; (2) For an application to retake any one part of the barber examination, not more than forty-five dollars; Proposed language
caps the fee at the
current amount, but
permits the Board to
adjust the fee to a
lower amount. Also
clarifies that the fee
applies separately to
each part of the
examination an
applicant is required
to retake.
4709.12

(New)
None (3) For an application to take the barber examination by an applicant who has previously applied to take, but failed to appear for, the examination, not more than one hundred dollars; Harmonizes language with Chapter 4713 of the Revised Code.
4709.12(A)(3) (3) For the initial issuance of a license to practice as a barber, thirty dollars; (3)(4) For the initial issuance of a license to practice as a barber, not more than thirty dollars; Proposed language caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(4) (4) For the biennial renewal of the license to practice as a barber, one hundred ten dollars; (4)(5) For the biennial renewal of the license to practice as a barber, not more than one hundred ten dollars; Proposed language caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(5) (5) For the restoration of an expired barber license, one hundred dollars, and seventy-five dollars for each lapsed year, provided that the total fee shall not exceed six hundred ninety dollars; (5)(6) For the restoration of an expired barber license, not more than one hundred fifty dollars, and not more than seventy-five dollars for each lapsed year, provided that the total fee shall not exceed six hundred ninety dollars; Codifies the current fee amount, which was established by Controlling Board decision. Also, caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(6) (6) For the issuance of a duplicate barber or shop license, forty-five dollars; (6)(7) For the issuance of a duplicate barber or shop license, not more than forty-five dollars; Proposed language caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(7) (7) For the inspection of a new barber shop, change of ownership, or reopening of premises or facilities formerly operated as a barber shop, and issuance of a shop license, one hundred ten dollars; (7)(8) For the inspection of a new barber shop, change of ownership, or reopening of premises or facilities formerly operated as a barber shop, and issuance of a shop license or a change of ownership, not more than one hundred ten dollars; Clarifies and harmonizes language and processes with Chapter 4713 of the Revised Code.
4709.12(A)(8) (8) For the biennial renewal of a barber shop license, seventy-five dollars; (8)(9) For the biennial renewal of a barber shop license, not more than seventy-five dollars; Proposed language caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(9) (9) For the restoration of a barber shop license, one hundred ten dollars; (9)(10) For the restoration of a barber shop license, not more than one hundred ten dollars; Proposed language caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(10) (10) For each inspection of premises for location of a new barber school, or each inspection of premises for relocation of a currently licensed barber school, seven hundred fifty dollars; (10)For each inspection of premises for location of a new barber school, or each inspection of premises for relocation of a currently licensed barber school, not more than seven hundred fifty dollars; Removes an additional cost for licensees, and harmonizes language and processes with Chapter 4713 of the Revised Code.
4709.12(A)(11) (11) For the initial barber school license, one thousand dollars, and one thousand dollars for the renewal of the license; (11) For the initial barber school license, not more than one thousand dollars, and not more than one thousand dollars for the renewal of the license; Proposed language caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(12) (12) For the restoration of a barber school license, one thousand dollars; (12) For the restoration of a barber school license, not more than one thousand dollars; Proposed language caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(13) (13) For the issuance of
a student registration,
forty dollars;
(13) For the issuance of a student registration, not more than forty dollars; The Board is proposing to eliminate the requirement that barber schools submit applicants to the Board for approval before permitting the student to enroll in the school, as noted above regarding section 4709.10 of the Revised Code. This change also removes a cost for students. 
4709.12(A)(14) (14) For the examination and issuance of a biennial teacher license, one hundred eighty-five dollars; (14)(13) For the examination and issuance of a biennial teacherinstructor license, not more than one hundred eighty-five dollars; Harmonizes terminology with Chapter 4713 of the Revised Code, and caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12

(New)
None (14) For the issuance of a biennial assistant instructor license, not more than one hundred fifty dollars; Clarifies vague language about the required fee for assistant instructor licenses. Sets the fee for an assistant instructor at a lower amount than a full barber instructor.
4709.12(A)(15) (15) For the renewal of a biennial teacher license, one hundred fifty dollars; (15) For the renewal of a biennial teacherinstructor or assistant instructor license, not more than one hundred fifty dollars; Harmonizes terminology with Chapter 4713 of the Revised Code, and caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(16) (16) For the restoration of an expired teacher license, two hundred twenty-five dollars, and sixty dollars for each lapsed year, provided that the total fee shall not exceed four hundred fifty dollars; (16) For the restoration of an expired teacherinstructor or assistant instructor license, not more than two hundred twenty-five dollars, and not more than sixty dollars for each lapsed year, provided that the total fee shall not exceed four hundred fifty dollars; Harmonizes terminology with Chapter 4713 of the Revised Code, and caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(17) (17) For the issuance of a barber license by reciprocity pursuant to section 4709.08 of the Revised Code, three hundred dollars; (17) For the issuance of a barber license by reciprocity pursuant to section 4709.08 of the Revised Code, not more than three hundred dollars; Harmonizes terminology with Chapter 4713 of the Revised Code, and caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12(A)(18) (18) For providing licensure information concerning an applicant, upon written request of the applicant, forty dollars. (18) For providing licensure information concerning an applicant, upon written request of the applicantFor the preparation and mailing of a licensee's records to another state for a reciprocity license, not more than forty dollars. Harmonizes terminology with Chapter 4713 of the Revised Code, and caps the fee at the current amount, but permits the Board to adjust the fee to a lower amount.
4709.12

(New)
None (B) The board shall adjust the fees biennially, by rule, within the limits established by division (A) of this section, to provide sufficient revenues to meet its expenses. Proposed language requires the Board to evaluate expenses and adjust fees biennially within the established fee cap. This harmonizes with the language in Chapter 4713 of the Revised Code.
4709.12(C) (C) In addition to any other fee charged and collected under this section, the board shall ask each person renewing a license to practice as a barber whether the person wishes to make a two-dollar voluntary contribution to the Ed Jeffers barber museum. The board shall transmit any contributions to the treasurer of state for deposit into the occupational licensing fund. (C) In addition to any other fee charged and collected under this section, the board shall ask each person renewing a license to practice as a barber whether the person wishes to make a two-dollar voluntary contribution to the Ed Jeffers barber museum. The board shall transmit any contributions to the treasurer of state for deposit into the occupational licensing fund. Eliminates language that is confusing and unworkable. Barbers may make contributions directly to the Ed Jeffers barber museum.
4709.13 Omitted for space The state cosmetology and barber board may take disciplinary action for a violation of this chapter or the rules adopted under it in accordance with the provisions of section 4713.64 of the Revised Code.

Deletes remainder of statue
Harmonizes language and processes with Chapter 4713 of the Revised Code. Sets one disciplinary standard and process for all Board licensees.
4709.14 Omitted for space The state cosmetology and barber board may seek injunctive relief for a violation of this chapter or the rules adopted under it in accordance with the provisions of section 4713.13 of the Revised Code.

Deletes remainder of statue
Harmonizes language and processes with Chapter 4713 of the Revised Code. Sets one disciplinary standard and process for all Board licensees.
4709.23 4709.23 Approval from board for teaching.

No phase of barbering shall be taught for pay, free, or otherwise, without approval from the state cosmetology and barber board.
4709.23 Approval from board for teaching.

No phase of barbering shall be taught for pay, free, or otherwise, without approval from the state cosmetology and barber board.
Statutory provision is unnecessary.
4709.99 4709.99 Penalty.

Whoever violates this chapter or any rule adopted pursuant thereto shall be fined not less than one hundred nor more than five hundred dollars for a first offense; for each subsequent violation of the same provision, the person shall be fined not less than five hundred nor more than one thousand dollars.
4709.99 Penalty.

Whoever violates this chapter or any rule adopted pursuant thereto shall be fined not less than one hundred nor more than five hundred dollars for a first offense; for each subsequent violation of the same provision, the person shall be fined not less than five hundred nor more than one thousand dollars.
Proposed change to section 4713.99 establishes a single penalty section for all Board licensees, rendering this statutory provision unnecessary.
4709.28

(New)
None (A) The state cosmetology and barber board shall issue a barber instructor license to an applicant who satisfies all of the following applicable conditions:

(1) Is at least eighteen years of age;

(2) Is of good moral character;

(3) Holds a current, valid barber license issued pursuant to this chapter and either;

(a) Has at least eighteen months of work experience in a licensed barber shop; or

(b) Has been
employed as an assistant barber instructor under the supervision of a licensed barber for at least one year.

(4) Pays the required fee under section 4709.12 of the Revised Code;

(5) Passes the required examination; and

(6) Meets such other requirements as adopted by the board in rule.

(B) The state cosmetology and barber board shall issue an assistant barber instructor license to
an applicant who satisfies all of the following applicable conditions:

(1) Is at least eighteen years of age;

(2) Is of good moral character;

(3) Holds a current, valid barber license issued pursuant to this chapter;

(4) Pays the
required fee under section 4709.12 of the Revised Code; and

(5) 
Meets such other requirements as adopted by the board in rule.
Sets forth the requirements for barber instructor and assistant barber instructor licenses in and clear list form. Does not change current requirements.
4709.29

(New)
None A barber license or barber instructor license that has not been renewed for any reason other than because it has been revoked, suspended, or classified inactive, is expired. An expired license may be restored if the person who held the license meets all of the following applicable conditions:

(A) Pays to the state cosmetology and barber board the restoration fee established under section 4709.12 of the Revised Code;

(B) 
In the case of a barber license that has been expired for more than two consecutive license renewal periods, completes any outstanding continuing education requirements for each license renewal period that has elapsed since the license was last issued or renewed, up to a maximum of twenty-four hours. At least four of those hours shall include a course pertaining to infection control and safety methods.
Sets forth license restoration requirements in a clear list form. Includes language regarding continuing education to harmonize language and process with Chapter 4713 of the Revised Code.
4709.30

(New)
None (A) If the state cosmetology and barber board adopts a continuing education requirement under section 4709.05 of the Revised Code, it may develop a procedure by which a person who holds a license to practice barbering or a barber instructor license and who is not currently engaged in the practice of barbering or teaching the theory and practice of barbering, but who desires to be so engaged in the future, may apply to the board to have the person's license classified inactive. If the board develops such a procedure, a person seeking to have the person's license classified inactive shall apply to the board on a form provided by the board and pay the fee established by rule.

(B) 
The board shall not restore an inactive license until the person holding the license submits proof satisfactory to the board that the person has completed the continuing education that a rule adopted under section 4709.05 of the Revised Code requires.
Harmonizes language and processes with Chapter 4713 of the Revised Code. Allows barbers who are not currently practicing, but who wish to maintain their license, with a chance to place the license in an inactive status and pay a reduced fee.

Recommended changes to 4713 are as follows:

Code Section

Current Language

Proposed Change

Reason for Change

Chapter-wide

"sanitary" or "sanitation"

"infection control" Updates language to reflect current industry terminology. Also, harmonizes language with proposed changes to Chapter 4709 of the Revised Code.
4713.01

(New)
None “Barber” has the same meaning as found in division (B) of section 4709.01 of the Revised Code. Language is necessary since the term has been added to the provisions of Chapter 4713 of the Revised Code.
4713.01

(New)
None “Barber shop” means a business licensed under section 4709.09 of the Revised Code. Language is necessary since the term has been added to the provisions of Chapter 4713 of the Revised Code.
4713.01 "Braiding" means intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, and includes extending the hair with natural or synthetic hair fibers.  “Braiding" means intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hairincluding patterns that are inverted, upright, or singled against the scalp that follow along part of a straight or curved row of intertwined hair, or partings. It may include twisting, locking, beading, crocheting, wrapping, or similarly manipulating the hair in a systematic motion, and includes extending the hair with natural while adding bulk or length with human hair, synthetic hair fibers, or both, and using simple devices such as clips, combs, crochet hooks, blunt-tipped needles, and hairpins. “Braiding” does not include the use of chemical hair- joining agents such as synthetic tape, keratin bonds, or fusion bonds to weave or fuse individual strands or wefts; application of dyes, reactive chemicals, or other preparations to alter the color or straighten, curl, or alter the structure of hair; or embellishing or beautifying hair by cutting or singeing, except as needed to finish the end of synthetic fibers used to add bulk to or lengthen hair. The Board is proposing to elimination the definition of "Practice of Braiding", which does not appear elsewhere in Chapter 4713 of the Revised Code, and to move the additional language from the "Practice of Braiding" to "Braiding", which is consistent with the definitions of the other boutique services.
4713.01 “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. “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. Cosmetology should be defined as the practice of all branches of cosmetology, thus the definition of "branch of cosmetology" should not include "cosmetology."
4713.01 “Cosmetology" means the art or practice of embellishment, cleansing, beautification, and styling of hair, wigs, postiches, face, body, or nails. “Cosmetology" means the art or practice of embellishment, cleansing, beautification, and styling of hair, wigs, postiches, face, body, or nails providing services described under the branches of cosmetology. Cosmetology is the practice of one or more of the branches of cosmetology, not its own separate practice. Accordingly, this definition language is unnecessary.
4713.01 “Advanced cosmetologist" means an individual authorized to work in a beauty salon and engage in all branches of cosmetology. “Advanced cosmetologist" means an individual authorized to work in a beauty salon and engage in all branches of cosmetology. This definition does not actually clarify or define the advanced license, and appears to place an inadvertent restriction on the location(s) where these individuals are permitted to work.
4713.01 “Advanced esthetician" means an individual authorized to work in an esthetics salon, but no other type of salon, and engage in the practice of esthetics, but no other branch of cosmetology. “Advanced esthetician" means an individual authorized to work in an esthetics salon, but no other type of salon, and engage in the practice of esthetics, but no other branch of cosmetology. This definition does not actually clarify or define the advanced license, and appears to place an inadvertent restriction on the location(s) where these individuals are permitted to work.
4713.01 “Advanced hair designer" means an individual authorized to work in a hair design salon, but no other type of salon, and engage in the practice of hair design, but no other branch of cosmetology. “Advanced hair designer" means an individual authorized to work in a hair design salon, but no other type of salon, and engage in the practice of hair design, but no other branch of cosmetology. This definition does not actually clarify or define the advanced license, and appears to place an inadvertent restriction on the location(s) where these individuals are permitted to work.
4713.01 “Advanced license" means a license to work in a salon and practice the branch of cosmetology practiced at the salon. “Advanced license" means a license to work in a salon and practice the branch of cosmetology practiced at the salonissued under section 4713.30 of the Revised Code. The proposed change ties the definition of an advanced license to its appropriate code section. The current definition does not clarify or define the advance license.
4713.01 “Advanced manicurist" means an individual authorized to work in a nail salon, but no other type of salon, and engage in the practice of manicuring, but no other branch of cosmetology. “Advanced manicurist" means an individual authorized to work in a nail salon, but no other type of salon, and engage in the practice of manicuring, but no other branch of cosmetology. This definition does not actually clarify or define the advanced license, and appears to place an inadvertent restriction on the location(s) where these individuals are permitted to work.
4713.01 “Advanced natural hair stylist" means an individual authorized to work in a natural hair style salon, but no other type of salon, and engage in the practice of natural hair styling, but no other branch of cosmetology. “Advanced natural hair stylist" means an individual authorized to work in a natural hair style salon, but no other type of salon, and engage in the practice of natural hair styling, but no other branch of cosmetology. This definition does not actually clarify or define the advanced license, and appears to place an inadvertent restriction on the location(s) where these individuals are permitted to work.
4713.01 “Practice of braiding" means utilizing the technique of intertwining hair in a systematic motion to create patterns in a three-dimensional form, including patterns that are inverted, upright, or singled against the scalp that follow along straight or curved partings. It may include twisting or locking the hair while adding bulk or length with human hair, synthetic hair, or both and using simple devices such as clips, combs, and hairpins. "Practice of braiding" does not include application of weaving, bonding, and fusion of individual strands or wefts; application of dyes, reactive chemicals, or other preparations to alter the color or straighten, curl, or alter the structure of hair; embellishing or beautifying hair by cutting or singeing, except as needed to finish the ends of synthetic fibers used to add bulk to or lengthen hair. “Practice of braiding" means utilizing the technique of intertwining hair in a systematic motion to create patterns in a three-dimensional form, including patterns that are inverted, upright, or singled against the scalp that follow along straight or curved partings. It may include twisting or locking the hair while adding bulk or length with human hair, synthetic hair, or both and using simple devices such as clips, combs, and hairpins. "Practice of braiding" does not include application of weaving, bonding, and fusion of individual strands or wefts; application of dyes, reactive chemicals, or other preparations to alter the color or straighten, curl, or alter the structure of hair; embellishing or beautifying hair by cutting or singeing, except as needed to finish the ends of synthetic fibers used to add bulk to or lengthen hair. As discussed above, there is no reason to have definitions for "braiding" and "practice of braiding" In addition, this term is not actually used anywhere else in Chapter 4713 of the Revised Code.
4713.01 “Practice of hair design" means embellishing or beautifying hair, wigs, or hairpieces by arranging, dressing, pressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, braiding, weaving, or similar work. "Practice of hair design" includes utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, extending, locking, or braiding of the hair. “Practice of hair design" means embellishing or beautifying hair, wigs, or hairpieces by arranging, dressing, pressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, braiding, weaving, bonding and fusion of individual strands or wefts, or similar work. "Practice of hair design" includes utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, extending, locking, or braiding of the hair. Added language is necessary because these practices are listed as prohibited in the definition of "braiding". Thus, it is important to clarify the scope(s) of licensure where these practices are permissible.
4713.01 “Practice of natural hair styling" means utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, extending, locking, or braiding of the hair. "Practice of natural hair styling" does not include the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair. "Practice of natural hair styling" also does not include embellishing or beautifying hair by cutting or singeing, except as needed to finish off the end of a braid, or by dressing, pressing, curling, waving, permanent waving, or similar work. “Practice of natural hair styling" means utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, bonding and fusion of individual strands or wefts, extending, locking, or braiding of the hair. "Practice of natural hair styling" does not include the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair. "Practice of natural hair styling" also does not include embellishing or beautifying hair by cutting or singeing, except as needed to finish off the end of a braid, or by dressing, pressing, curling, waving, permanent waving, or similar work. Added language is necessary because these practices are listed as prohibited in the definition of important to clarify the scope(s) of licensure where these practices are permissible.
4713.07(A)(7) (7) Report to the proper prosecuting officer violations of section 4713.14 of the Revised Code of which the board is aware; (7) Report to the proper prosecuting officer violations of section 4713.14 of the Revised Code of which the board is aware, where applicable; It is not practical to report all violations of section 4713.14 of the Revised Code to prosecuting authorities, and prosecuting authorities have not shown a willingness to pursue charges for all alleged violations. This language would allow the Board to establish, by rule or policy, when it is appropriate to seek criminal penalties for such violations.
4713.07(B) (B) The board may delegate any of the duties listed in division (A) of this section to the executive director of the board or to an individual designated by the executive director. (B) The board may delegate any of the duties listed in division (A) of this section or in section 4709.05 to the executive director of the board or to ana individualperson designated by the executive director. Delegation language for the Executive Director under Chapter 4709 of the Revised Code was removed when language regarding the Executive Director of the Barber Board was removed by H.B. 49. This proposed languages adds back the delegation language for Chapter 4709 of the Revised Code.
4713.071(A) (A) The state cosmetology and barber board shall annually submit a written report to the governor, president of the senate, and speaker of the house of representatives. The report shall list all of the following for the preceding twelvemonth period:  (A) The state cosmetology and barber board shall annually submit a written report to the governor, president of the senate, and speaker of the house of representatives. The report shall list all of the following for the preceding twelve-month periodfiscal year, as defined in section 9.34 of the Revised Code: Currently language is vague regarding how to determine the "preceding twelve-month period". The proposed language clearly ties this period to the state fiscal year.
4713.08(A)(17) (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: (17) Establish standards for installing and operating a tanning facility in a manner that ensures the health and safety of consumers, including infection control standards and standards that do all of the following: Clarifies that the Board's tanning standards should include standards for infection control.
4713.08(A)(18)(a)(i) (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; (i)(a) 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; The language the Board is proposing to remove was inadvertently attached to this code section. Proposed language moves this language to its correct location in division (A)(11) of section 4713.10 of the Revised Code.
4713.08(A)(18)(b) (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.  (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. As noted above, proposed changes to section 4713.61 of the Revised Code eliminate the need for such a temporary work permit.
4713.08(B)(2) (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. (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. As noted above, proposed changes to section 4713.61 of the Revised Code eliminate the need for such a temporary work permit.
4713.08(E) (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.  (E) The sanitaryinfection control 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. The statutory mandate
to consult with
another department is
unnecessary. The Board's infection 
control standards are
based on national
standards and best
practices. This ensures
consistent application
and aligns with
industry texts and
training.
4713.10(A) (A) The state cosmetology and barber board shall charge and collect the following fees: (A) The state cosmetology and barber board shall charge and collect the following non-refundable fees: The proposed language clarifies that the fees are nonrefundable. This is consistent with long-establish practice.
4713.10(A)(11) (11) For the restoration of an expired license that may be restored pursuant to section 4713.63 of the Revised Code, an amount equal to the sum of the current license renewal fee and a lapsed renewal fee of not more than forty-five dollars per license renewal period that has elapsed since the license was last issued or renewed;  (11) For the restoration of an expired license that may be restored pursuant to section 4713.63 of the Revised Code, an amount equal to the sum of the current license renewal fee and a lapsed renewal fee of not more than forty-five dollars per license renewal period that has elapsed since the license was last issued or renewed. 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; Moves language from division of (A)(18)(a)(i) of section 4713.08 to its correct location.
4713.10(C) (C) The board may establish an installment plan for the payment of fines and fees and may reduce fees as considered appropriate by the board. (C) The board may establish an installment plan for the payment of fines and fees and may reduce fees as considered appropriate by the board. The deadline for the payment of fines is already capped at 90 days by division (E) of section 4713.64 of the Revised Code. The installment plan language is unnecessary since the Board can accept payments up that maximum due date.
4713.13 Whenever in the judgment of the state cosmetology and barber board any individual has engaged in or is about to engage in any acts or practices that constitute a violation of this chapter, or any rule adopted under this chapter, the board may apply to the appropriate court for an order enjoining the acts or practices, and upon a showing by the board that the individual has engaged in the acts or practices, the court shall grant an injunction, restraining order, or other order as may be appropriate. Whenever in the judgment of the state cosmetology and barber board any individual has engaged in or is about to engage in any acts or practices that constitute a violation of this chapter or chapter 4709. of the Revised Code, or any rule adopted under thiseither chapter, the board may apply to the appropriate court for an order enjoining the acts or practices, and upon a showing by the board that the individual has engaged in the acts or practices, the court shall grant an injunction, restraining order, or other order as may be appropriate. Harmonizes language and processes with proposed changes to Chapter 4709 of the Revised Code. Sets one disciplinary standard and process for all Board licensees.
4713.14(C)(4) (4) A current, valid temporary work permit issued under rules adopted by the board pursuant to section 4713.08 of the Revised Code; (4) A current, valid temporary work permit issued under rules adopted by the board pursuant to section 4713.08 of the Revised Code; Proposed changes to section 4713.61 of the Revised Code eliminate the need for such a temporary work permit.
4713.14(D)(4) (4) A current, valid temporary work permit issued under rules adopted by the board pursuant to section 4713.08 of the Revised Code; (4) A current, valid temporary work permit issued under rules adopted by the board pursuant to section 4713.08 of the Revised Code; Proposed changes to section 4713.61 of the Revised Code eliminate the need for such a temporary work permit.
4713.16(A)(7) None (7) The practice of a branch of cosmetology by a person licensed under this chapter on a dead human body at a facility licensed under Chapter 4717. of the Revised Code. Exempts licensees who provide cosmetology services on the deceased at funeral homes from the requirement that all licensees only provide services within a licensed facility.
4713.17(A)(1) (1) All individuals authorized to practice medicine, surgery, dentistry, and nursing, or any of its branches, in this state; (1) All individuals authorized to practice medicine, surgery, dentistry, and nursing, or any of its branches, in this state, while acting within the scope of practice for the license, permit, or certificate held; Harmonizes language with proposed changes to Chapter 4709 of the Revised Code, and includes specific scope of licensure language.
4713.17(A)(2) (2) Commissioned surgical and medical officers of the United States army, navy, air force, or marine hospital service when engaged in the actual performance of their official duties, and attendants attached to same; (2) ​​​​​Commissioned surgical and medical officers of the United States army, navy, air force, or marine hospital service when engaged in the actual performance of their official duties, and attendants attached to same, while acting within the scope of practice for the license, permit, or certificate held; Harmonizes language with proposed changes to Chapter 4709 of the Revised Code, and includes specific scope of licensure language.
4713.17(A)(3) (3) Funeral directors, embalmers, and apprentices licensed or registered under Chapter 4717. of the Revised Code; (3) Funeral directors, embalmers, and apprentices licensed or registeredcertified under Chapter 4717. of the Revised Code, while acting within the scope of practice for the license, permit, or certificate held; Harmonizes language with proposed changes to Chapter 4709 of the Revised Code, and includes specific scope of licensure language. Also updates terminology amended by HB 166.
4713.17(A)(7) (7) Cosmetic therapists and massage therapists who hold current, valid licenses to practice cosmetic or massage therapy issued by the state medical board under section 4731.15 of the Revised Code, to the extent their actions are authorized by their licenses; (7) Cosmetic therapists and massage therapists who hold current, valid licenses to practice cosmetic or massage therapy issued by the state medical board under section 4731.15 of the Revised Code, to the extent their actions are authorized by their licenseswhile acting within the scope of practice for the license, permit, or certificate held; Harmonizes language with proposed changes to Chapter 4709 of the Revised Code, and includes specific scope of licensure language.
4713.17(A)(8) (8) Inmates who provide services related to a branch of cosmetology to other inmates, except when those services are provided in a licensed school of cosmetology within a state correctional institution for females. (8) Inmates who provide services related to a branch of cosmetology to other inmates, except when those services are provided in a licensed school of cosmetology within a state correctional institution for females. Eliminates unnecessary sex-specific language. There are no sex-specific requirements for licensure in cosmetology or any of its branches, and all state correctional institutions could establish licensed schools of cosmetology, if desired.
4713.20(B) (B) A set of the individual's biometric fingerprint scan taken at the board's offices. (B) A set of the individual’s biometric fingerprint scanscans taken at the board's offices. Grammar.
4713.26 4713.26 Examinees furnishes own model.

Each individual admitted to an examination conducted under section 4713.24 of the Revised Code shall furnish the individual's own model.
4713.26 Examinees furnishes own model.

Each individual admitted to an examination conducted under section 4713.24 of the Revised Code shall furnish the individual's own model.
Statutory provision is unnecessary. Testing requirements and processes are established by Board rule and official policy.
4713.28(A)(4)(b) (b) A recent photograph of the individual that meets the specifications established by the board; (b) A recent photograph of the individual that meets the specifications established by the board; The Board no longer requires an applicant to submit a photograph, and instead, takes a photograph of the applicant during exam registration. This works with proposed division (A)(5) below, and harmonizes with proposed changes to Chapter 4709 of the Revised Code.
4713.28(A)

(New)
None (5) Submits to having a photograph taken by the board; The Board no longer requires an applicant to submit a photograph, and instead, takes a photograph of the applicant during exam registration. This works with proposed changes to division (A)(4)(b) above, and harmonizes with proposed changes to Chapter 4709 of the Revised Code.
4713.28(A)(7) (7) In the case of an applicant for an initial cosmetologist license, has successfully completed at least one thousand five hundred hours of board-approved cosmetology training in a school of cosmetology licensed in this state, except that only one thousand hours of board-approved cosmetology training in a school of cosmetology licensed in this state is required of an individual licensed as a barber under Chapter 4709. of the Revised Code;  (7)(8) In the case of an applicant for an initial cosmetologist license, has successfully completed at least one thousand five hundred hours of board-approved cosmetology training in a school of cosmetology licensed in this state, except that only one thousand hours of board-approved cosmetology training in a school of cosmetology licensed in this state is required of an individual licensed as a barber under Chapter 4709. of the Revised Code; Proposed revision would permit the Board to accept approved hours from a cosmetology school in another jurisdiction, and encourage more out-of-state students to seek licensure and employment in Ohio. This would likely assist Ohio students in obtaining licensure in other states by increasing reciprocity. It is also internally consistent with division (A)(11) of this section, and harmonizes with the proposed changes to section 4709.07 of the Revised Code.
4713.28(A)(8) (8) In the case of an applicant for an initial esthetician license, has successfully completed at least six hundred hours of board-approved esthetics training in a school of cosmetology licensed in this state; (8)(9) In the case of an applicant for an initial esthetician license, has successfully completed at least six hundred hours of board-approved esthetics training in a school of cosmetology licensed in this state; Proposed revision would permit the Board to accept approved hours from a cosmetology school in another jurisdiction, and encourage more out-of-state students to seek licensure and employment in Ohio. This would likely assist Ohio students in obtaining licensure in other states by increasing reciprocity. It is also internally consistent with division (A)(11) of this section, and harmonizes with the proposed changes to section 4709.07 of the Revised Code.
4713.28(A)(9) (9) In the case of an applicant for an initial hair designer license, has successfully completed at least one thousand two hundred hours of board-approved hair designer training in a school of cosmetology licensed in this state, except that only one thousand hours of board-approved hair designer training in a school of cosmetology licensed in this state is required of an individual licensed as a barber under Chapter 4709. of the Revised Code; (9)(10)