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FY 2020 Annual Report

OHIO STATE COSMETOLOGY AND BARBER BOARD

FY 2020 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 Cupp,

On behalf of the State Cosmetology and Barber Board, it is my pleasure to submit our annual report for Fiscal Year 2020. 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 2020, 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

Columbus, 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

Nov 1, 2019

Oct 31, 2024

Dec 4, 2014 – Oct 31, 2019

NeCole Cumberlander

Cosmetologist

Pepper Pike

Oct 2, 2007-Oct 31, 2012

Jan 5, 2018

Oct 31, 2021

Jessica Price- Kovach

Esthetician

Galloway

 

Jan 23, 2018

Oct 31, 2021

Luke Hanks

Private School Owner

Plain City

Nov 1, 2012-Oct 31, 2017

Nov 1, 2017

Oct 31, 2022

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

Nov 1, 2017

Oct 31, 2022

Kenji Prince

Employer Barber

Columbus

 

Feb 15, 2018

Oct 31, 2022

Tasha Sheipline

Career Tech School Rep

Wapakoneta

Mar 15, 2013-Oct 31, 2017

Nov 1, 2017

Oct 31, 2022

Kimberly Thomas

Independent Contractor

Richmond Heights

Jan 2, 2008-Dec 11, 2012

Apr 4, 2018

Oct 31, 2022

Jennifer Wolfe

Advanced Nurse Practitioner

Westerville

 

Mar 14, 2018

Oct 31, 2022

Thomas Taneff

Public Member

New Albany

May 5, 2006-Oct 31, 2008

Nov 1, 2018

Oct 31, 2023

Nov 1, 2008-Oct 31, 2013

Nov 4, 2013-Oct 31, 2018

Rowena Yeager

Cosmetologist Managing Salon

Aurora

Jan 5, 2017-Oct 31, 2018

Nov 1, 2018

Oct 31, 2023

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 6/30/2020

Revenue 4K90

FY 2020

Business Licenses & Fees (421508)

1,182,037

Fines & Penalties (Var. Accounts)

179,045

Recoveries & Reimbursements (Var. Accounts)

1,137

Refunds & Other Reimb. (Var. Accounts)

1,853

Licenses & Fees/ISTV (470200)

6,251

Total

1,370,322

Expenses

FY 2020

Personal Service (Account ID 500)

3,743,325

Purch Personal Service (Acct 510)

174,757

Supplies & Maintenance (Account ID 520)

1,022,702

Equipment (Account ID 530)

2,975

Settlements, Bonds (Account ID 590)

 

Transfers & Non-Expense (Account ID 595)

18,968

Total

4,962,727

Fees and Other Receipts for FY 2020

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

7/26/1991

8

$2,000.00

Cosmetology School – License Renewal

4713.10(A8)

4713-1-17 (I)

$250

7/26/1991

-

-

Barber School- New License

4709.12 (A11)

$1,000

2003

2

$2,000.00

Barber School- License Renewal

4709.12 (A11)

$1,000

2003

1

1,000.00

Barber School- Inspection

4709.12 (A10)

$750

2003

2

1,500.00

Barber Shop- New License

4709.12 (A7)

$110

2003

304

$33,440.00

Barber Shop – License Renewal

4709.12 (A8)

$75

2003

92

6,900.00

Tanning Facility – New License

4713.08(A16),

4713.08 (F)

4713-19-01 (A)

$65

7/1/1984

170

11,050.00

Tanning Facility – License Renewal

4713.08(A16),

4713.08 (F)

4713-19-01(B)

$50

7/1/1984

11

550.00

Beauty Salon - New License

4713.10(A9)

4713-1-17 (J)

$75

8/1/2007

1,307

98,025.00

Beauty Salon – License Renewal

4713.10(A10)

4713-1-17 (K)

$60

8/1/2007

98

5,880.00

Nail Salon – New License

4713.10(A9)

4713-1-17 (J)

$75

8/1/2007

139

10,425.00

Nail Salon – License Renewal

4713.10(A10)

4713-1-17 (K)

$60

8/1/2007

9

540.00

Esthetics Salon—New License

4713.10(A9)

4713-1-17 (J)

$75

8/1/2007

178

13,350.00

Esthetics Salon—License Renewal

4713.10(A10)

4713-1-17 (K)

$60

8/1/2007

9

540.00

Hair Design Salon - New

License

4713.10(A9)

4713-1-17 (J)

$75

8/1/2007

29

2,175.00

Hair Design Salon - License Renewal

4713.10(A10)

4713-1-17 (K)

$60

8/1/2007

8

480.00

Natural Hair Stylist Salon -

New License

4713.10(A9)

4713-1-17 (J)

$75

8/1/2007

7

525.00

Natural Hair Stylist Salon - License Renewal

4713.10(A10)

4713-1-17 (K)

$60

8/1/2007

1

60.00

Boutique Salon - New License

4713.10(A9)

4713-1-17 (J)

$75

9/13/2016

49

3,675.00

Boutique Salon - License

Renewal

4713.10(A10)

4713-1-17 (K)

$60

9/13/2016

4

240.00

Independent Contractor - New License

4713.08(A9)

4713-13-02(B)

$75

8/1/2007

2,406

180,450.00

Independent Contractor –

License Renewal

4713.08(A9)

4713-13-02(B)

$60

8/1/2007

10

600.00

Barber - New License

4709.12 (A3)

$30

2003

208

 

6,240.00

Barber – License Renewal

4709.12 (A4)

$110

2003

453

49,830.00

Barber Teacher - New License

4709.12 (A14)

$185

2003

22

 

4,070.00

Barber Teacher – License

Renewal

4709.12 (A15)

$150

2003

6

 

900.00

Cosmetologist - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

1,327

59,715.00

Cosmetologist - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

612

27,540.00

Cosmetologist – Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

64

 

1,600.00

Managing/Advanced Cosmetologist - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

159

 

7,155.00

Managing/Advanced

Cosmetologist - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

705

31,725.00

Managing/Advanced Cosmetologist - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

52

 

1,300.00

Cosmetology Instructor - New

License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

69

 

3,105.00

Cosmetology Instructor - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

80

 

3,600.00

Cosmetology Instructor –

Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

2

 

50.00

Manicurist - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

338

15,210.00

Manicurist – License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

91

 

4,095.00

Manicurist - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

9

 

225.00

Managing/Advanced Manicurist -

New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

169

 

7,605.00

Managing/Advanced Manicurist –

License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

148

 

6,660.00

Managing/Advanced Manicurist –

Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

8

 

200.00

Manicurist Instructor - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

7

 

315.00

Manicurist Instructor – License

Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

3

 

135.00

Manicurist Instructor - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

-

-

Esthetician - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

352

15,840.00

Esthetician - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

38

 

1,710.00

Esthetician - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

4

 

100.00

Managing/Advanced Esthetician - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

230

10,350.00

Managing/Advanced Esthetician - License

Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

78

 

3,510.00

Managing/Advanced Esthetician - Escrow

Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

3

 

75.00

Esthetics Instructor - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

14

 

630.00

Esthetics Instructor - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

3

 

135.00

Esthetics Instructor - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

-

-

Natural Hair

Stylist - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

2

 

90.00

Natural Hair Stylist - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

-

-

Natural Hair Stylist - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

-

-

Managing/Advanced Natural Hair Stylist - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

1

 

45.00

Managing/Advanced Natural Hair Stylist - License

Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

-

-

Managing/Advanced Natural Hair Stylist - Escrow

Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

1

 

25.00

Natural Hair Stylist Instructor - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

-

-

Natural Hair Stylist Instructor - License

Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

-

-

Natural Hair Stylist Instructor - Escrow

Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

-

-

Hair Designer - New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

19

 

855.00

Hair Designer - License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

4

 

180.00

Hair Designer - Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

1

 

25.00

Managing/Advanced Hair

Designer -New License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

-

-

Managing/Advanced Hair

Designer – License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

5

 

225.00

Managing/Advanced Hair

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

-

-

Designer - Escrow Renewal

 

 

 

 

 

Hair Designer Instructor – New

License

4713.10 (A5)

4713-1-17 ( E )

$45

8/1/2007

-

-

Hair Designer Instructor – License Renewal

4713.10 (A7)

4713-1-17 (G)

$45

8/1/2007

-

-

Hair Designer Instructor – Escrow Renewal

4713.08 (A18a(i))

4713-1-17 (N)

$25

9/4/2018

-

-

Late Fees for 4713 Licenses

4713.10 (11)

4713-1-17 (M)

$45

8/1/2007

1,247

56,115.00

Late Fee 4709 Barber

4709.12 (A5)

4713-1-17 (R)

$40

7/4/2004

-

8,240.00

Late Fee 4709 Barber Teacher

4709.12 (A16)

$75

7/4/2004

4

300.00

Late Fee Barbershop

4709.12 (A9)

$35

2003

15

525.00

License Restoration Lapsed Renewal 4713

4713.10 (11)

4713-1-17 (M)

---

4/7/2003

-

81,900.00

Lapsed Year Fee 4709 Barber

4709.12 (A5)

$75

2003

335

25,125.00

Lapsed Year Fee 4709 Barber Teacher

4709.12 (A16)

$60

2003

9

525.00

Duplicate License 4713

4713.10 (A12)

4713-1-17 (O)

$20

8/1/2007

856

17,120.00

Duplicate License 4709

4709.12 (A6)

$45

2003

56

2,520.00

Reciprocity 4713

4713.10 (A6)

4713-1-17 (F)

$70

8/1/2007

884

61,880.00

Reciprocity 4709

4709.12 (A17)

$300

2003

30

9,000.00

Board Certification 4713

4713.10 (A13)

4713-1-17 (P)

$50

7/26/1991

649

32,450.00

Board Certification 4709

4709.12 (A18)

$40

2003

60

2,400.00

Examination 4713

4713.10 (A2)

4713-1-17 (B)

$31.50

8/1/2007

4,288

135,072.00

Retake Examination 4713

4713.10 (A4)

4713-1-17 ( D )

$31.50

8/1/2007

1,484

46,746.00

No Show Examination4713

4713.10 (A3)

4713-1-17 ( C )

$40

4/7/2003

112

4,480.00

Examination 4709

4709.12 (A1)

$90.00

2003

290

26,100.00

Retake Examination 4709

4709.12 (A2)

$45.00

2003

134

6,030.00

Student Registration 4709

4709.12 (A13)

$40

2003

611

24,440.00

Work Permit

4713.10 (A1)

4713-1-17 (A)

$7.50

8/1/2007

1,817

13,627.50

Special Occasion Work Permit

4713.08 (A8)

4713-11-

13(C1)

$50.00

2/28/2014

1

50.00

Temporary Event Salon

4713-8-09 (C1)

$10.00

9/13/2016

87

870.00

Continuing Education- Online/Corr/Tan

4713.08 (A19)

4713-21-

08(B2)

$250

6/21/2011

28

7,000.00

Continuing Education- Workshop/Demo

4713.08 (A19)

4713-21-

08(A2)

$100

6/21/2011

404

40,400.00

Overage

N/A

---

N/A

-

373.00

Less Bad Checks

N/A

---

N/A

-

(3,853.50)

Bad Checks Paid

N/A

---

N/A

-

7,306.60

Bad Check Penalty Fee

4713.10 (A14)

4713-1-17 (Q)

$30

8/1/2007

33

950.00

Violation Fines 4713

4713.64 (E1)

$250-

1000/offense

7/26/1991

 

109,405.77

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

 

3,509.00

Fine Interest Payment

4713.64 (E5)

4713-1-15 (D)

---

9/13/2016

 

1,136.76

Other Revenue

 

---

---

 

1,853.30

Intra-State Transfer Voucher

 

 

 

 

6,251.00

 

 

 

 

 

 

Total 4K90 collected for Fiscal

Year

 

 

 

 

$1,370,322.43

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


Staffing

During FY 2020, the Board employed 45 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, 57 Private Schools, 21 Adult Education programs, and 1 Rehabilitation and Correction cosmetology school. During FY 2020, 1 barber school closed in the State of Ohio and 1 school opened. Additionally, 5 cosmetology schools closed, and 3 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

Student Enrollment Table 7 & 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

Student Loan Default Table 6


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

467

84

246

77.34

Barber

Practical

319

56

214

83.44

Barber Teacher

Theory

7

0

7

77.50

Cosmetology

Theory

1926

193

1340

81.37

Cosmetology 3

Practical

1738

165

1355

83.13

Advanced Cosmetology

Theory

258

26

183

76.6

Cosmetology Instructor

Theory

105

10

22

80.47

Nail Technician

Theory

1379

175

556

77.09

Nail Technician

Practical

851

143

553

82.74

Advanced Manicuring

Theory

248

58

160

81.48

Esthetics

Theory

717

52

518

82.44

Esthetics 3

Practical

653

48

519

91.61

Advanced Esthetics

Theory

328

21

262

79.36

Hair Designer

Theory

23

0

15

81.69

Hair Designer 2

Practical

21

1

14

87

Advanced Hair Design

Theory

5

3

1

82.00

Natural Hair

Theory

7

1

4

70.67

Natural Hair 3

Practical

5

1

4

77.67

Advanced Natural Hair Stylist

Theory

5

3

1

82.00

Grand Total

 

9,062

1,030

5,974

 


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 issues a Boutique Service Registration, at no cost, for persons engaging in boutique services. The scope of services covered under the boutique services registration are shampooing, braiding, threading, and makeup artistry.


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 2020 Active

FY 2020 New

Cosmetologist

22027

1526

Cosmetologist Instructor

2958

78

Advanced Cosmetologist

41091

146

Beauty Salon

10228

1286

Esthetician

2097

453

Esthetician Instructor

127

14

Advanced Esthetician

3541

237

Esthetic Salon

916

183

Hair Designer

183

20

Hair Designer Instructor

4

0

Advanced Hair Designer

116

0

Hair Designer Salon

345

26

 

Independent Contractor

21899

2039

Manicurist

5860

616

Manicurist Instructor

131

7

Advanced Manicurist

7365

168

Nail Salon

1152

123

Natural Hair Stylist

10

2

Natural Hair Stylist Instructor

1

0

Advanced Natural Hair Stylist

37

1

Natural Hair Stylist Salon

20

7

Cosmetology School

167

3

Tanning Facility

1195

163

Boutique Services Registration

2307

1020

Boutique Services Salon

93

48

Barber

8417

267

Barber School

22

1

Barber Shop

2875

280

Barber Teacher

127

6

Assistant Barber Teacher

29

17

Chair Rental License (Barber)

100

16

Temporary Event Salon License

174

88


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 against 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 2020, 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 2020, the Board received 1152 complaints. Of those, 995 were closed and 146 are in the pending status. There were 88 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 1,061 violations in FY2020. The top 10 violations noted were:

Violation Type

FY 2020 (Violations)

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

114

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

92

R.C. 4713.14(H) - Practicing a Branch of Cosmetology in a Salon Without a Current, Valid Independent Contractor License

88

Practicing a Branch of Cosmetology Without a Current, Valid License

88

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

86

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

67

Ohio Adm.Code 4713-15-01 – General Infection Control

63

Ohio Adm.Code 4713-15-15(B) – Cleaning and Disinfecting Pedicure Units

41

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

40

R.C. 4713.14(D) – Employing an Individual to Practice a Branch of Cosmetology Without a Current, Valid License

37

The twenty salons and individuals cited with the most violations for unlicensed workers in FY 2020 were as follows:

Name

Number of Violations

New York Thread - COSS.190360

3

Luv Nails - MANS.150257

3

Dominique African Hair Braiding - NHSS.100589

3

Salon Lofts - COSS.131203

2

Venetian Nail Spa - MANS.090334

2

Salon Lofts - COSS.170538

2

Tiny's Nails and Spa - COSS.200139

2

Thread Brow Bar - COSS.191499

2

The Styling Gallery and Spa - COSS.020331

2

The Salons at Kenwood Place - COSS.080399

2

Studio Salon E - COSS.150511

2

Sol y Luna - COSS.080801

2

Signature Beauty Lofts - COSS.121193

2

Salon Concepts - COSS.070681

2

Reviving the Beauty - COSS.140828

2

Perfect Image Salon - COSS.110942

2

One Eleven - COSS.180383

2

Nail Art - MANS.130871

2

Miracles - COSS.010219

2

L-C Nails - MANS.160343

2

La Bella - COSS.111211

2

KC Nails Spa - MANS.200016

2

Kay Nails and Tan Studio - COSS.150280

2

Invu Salon LTD - COSS.100378

2

Great Clips - HDS.111368

2

GK Salon Studios - COSS.150936

2

Foxy Nail - COSS.181263

2

Connie Coiffur - COSS.740398

2

Blessed Hands Beauty Bar - COSS.170091

2

Be Pampered Nail Spa - MANS.110384

2

During FY 2020, the Board entered 380 Board Orders. Of this total, 11 Orders were entered following hearings 6in accordance with Chapter 119 of the Revised Code, 146 Orders were entered for individuals and businesses who failed to respond to a Notice of Opportunity for Hearing, and 223 Orders were entered based upon executed Consent Agreements. The Board also closed 212 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:

Chapter 4709: BARBERS

4709.01 Barber definitions.

As used in this chapter:

(A)

(1) Except as provided in division (A)(2) of this section, "the practice of barbering" means any one or more of the following when performed upon the head, neck, or face for cosmetic purposes and when performed upon the public for pay, free, or otherwise:

(a) Shaving the face, shaving around the vicinity of the ears and neckline, or trimming facial hair;

(b) Cutting or styling hair;

(c) Facials, skin care, or scalp massages;

(d) Shampooing, bleaching, coloring, straightening, or permanent waving hair;

(e) Cutting, fitting, or forming head caps for wigs or hair pieces.

(2) "The practice of barbering" does not include the practice of natural hair styling.

(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 any person who engages in or attempts to engage in 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.

(E)(D) "Barber teacherinstructor" means any person who engages in or attemptsauthorized to engage in the teachingteach of the theory and 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.

(G)(F) "Barber pole" means a cylinder or pole with alternating stripes of any combination including red and white, and red, white, and blue, which run diagonally along the length of the cylinder or pole.

(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.

(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.

(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.

4709.02 Prohibited practices.

Except as provided in this chapter, no person shall do any of the following:

(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;

(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;

(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;

(D) Advertise barbering services unless the establishment and personnel employed therein are licensed 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;

(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;

(G)  Teach or attempt to teach any phase of barbering for pay, free, or otherwise without approval from the state cosmetology and barber board;

(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;

(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;

(J) Practice or attempt to practice barbering by fraudulent misrepresentation;

(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;

(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.

(M) Violate any rule adopted by the board or department of health for barber shops or barber schools.

4709.03 Exemptions.

The following persons are exempt from this chapter while in the proper discharge of their professional duties:

(A)  Persons licensed by this stateAll persons 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;

(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;

(C) Nurses registered under Chapter 4723. 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;

(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.;

(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;

(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;

(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;

(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.

4709.05 Organization of board.

In addition to any other duty imposed on the state cosmetology and barber board under this chapter or Chapter 4713. of the Revised Code, the board shall do all of the following:

(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;

(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.

(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;

(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;

(E)(C) Adopt rules, in accordance with Chapter 119. of the Revised Code, to administer and enforce this chapter and which cover all of the following:

(1) SanitaryInfection control standards for the operation of barber shops and barber schools that conform to guidelines established by the department of health;

(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.

(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;

(4) Requirements for the licensure of barber schools, barber teachersinstructors, and assistant barber teachersinstructors;

(5) Requirements for students of barber schools;

(6) Any other area the board determines appropriate to administer or enforce this chapter.

(7) Conditions an individual must satisfy to qualify for a temporary pre-examination work permit under section 4709.071 of the Revised Code and the conditions and method of renewing a temporary pre-examination work permit under that section. The board may establish additional conditions for a temporary preexamination work permit under section 4709.071 of the Revised Code that is applicable to individuals who are licensed to practice barbering in another state or country.

(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;

(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;

(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;

(I)  Upon the written request of an applicant and the payment of the appropriate fee, provide to the applicant licensure information concerning the applicant;

(J)(E) Do all things necessary for the proper administration and enforcement of this chapter.

4709.07 License application and examination.

(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:

(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:

(1) Is of good moral character;

(2)(1) Is at least eighteensixteen years of age;

(3)(2) Has an eighth grade education or an equivalent education as determined by the state board of education in the state where the applicant resides;

(3) 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.

(4) 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.

(5) Submits to having a photograph and biometric fingerprint scans taken by the board;

(6) Passes the required examination;

(7) Pays to the board the license fee under section 4709.12 of the Revised Code.

(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.

(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.

4709.071 Temporary pre-examination work permit.


(A) The state cosmetology and barber board shall issue a temporary pre-examination work permit to practice barbering to an individual who applies for and is eligible to take an examination conducted under section 4709.07 of the Revised Code, if the individual satisfies all of the following conditions:

(1) The individual has not previously failed an examination conducted under section 4709.07 of the Revised Code.

(2) The individual pays to the board the applicable fee.

(3) The individual satisfies all other conditions established by rules adopted under section 4709.05 of the Revised Code.

(B) An individual issued a temporary pre-examination work permit under this section may practice until the date the individual is scheduled to take an examination under section 4709.07 of the Revised Code. The individual shall practice under the supervision of an individual holding a current, valid barber license.

(C) A temporary pre-examination work permit is renewable in accordance with rules adopted under section 4709.05 of the Revised Code.

4709.08 Reciprocity.

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.

4709.09 Application for barber shop license - related businesses.

(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.

(B) In order for a person to qualify for a license to operate a barber shop, the barber shop shall meet all of the following requirements:

(1) Be in the charge and under the immediate supervision of a licensed barber;

(2) Be equipped to provide running hot and cold water and proper drainage;

(3) Sanitize and maintain in a sanitary condition, all instruments and suppliesBe in compliance with all infection control rules adopted by the board;

(4) Keep towels and linens clean and sanitary and in a dry, dust-proof container;

(5)(4) Display the shop license and a copy of the board's sanitary rules in a conspicuous place in the working area.

(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.

(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.

(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.

(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.

4709.10 Barber Schools.

(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.

(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:

(1) Have a training facility sufficient to meet the required educational curriculum established by the board, including enough space to accommodate all the facilities and equipment required by rule by the board;

(2) Provide sufficient licensed teaching personnel to meet the minimum pupil-teacherstudent- instructor ratio established by rule of the board;

(3) Have established and provide to the board proof that it has met all of the board requirements to operate a barber school, as adopted 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;

(5) File with the board a surety bond in the amount of ten thousand dollars issued by a bonding company licensed to do business in this state. The bond shall be in the form prescribed by the board and conditioned upon the barber school's continued instruction in the theory and practice of barbering. The bond shall continue in effect until notice of its termination is provided to the board. In no event, however, shall the bond be terminated while the barber school is in operation. Any student who is injured or damaged by reason of a barber school's failure to continue instruction in the theory and practice of barbering may maintain an action on the bond against the barber school or the surety, or both, for the recovery of any money or tuition paid in advance for instruction in the theory and practice of barbering which was not received. The aggregate liability of the surety to all students shall not exceed the sum of the bond.

(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;

(7) Establish minimum standards for acceptance of student applicants for admission to the barber school. The barber school may establish entrance requirements which are more stringent than those prescribed by the board, but the requirements must at a minimum require the applicant to meet all of the following:

(a) Be at least seventeensixteen years of age;

(b) Be of good moral character;

(c) Have an eighth grade education, or an equivalent education as determined by the state board of education;

(d) Submit two signed current photographs of the applicant, in the size determined by the board.

(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;

(9) Operate in a manner which reflects credit upon the barbering profession;

(10) Offer a curriculum of study which covers all aspects of the scientific fundamentals of barbering as specified by rule of the board;

(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.

(C) A school license is not transferable from one owner to another or from one location to another.

(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.

(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.

4709.11 License Renewal.

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.

4709.12 Fees.

(A) The state cosmetology and barber board shall charge and collect the following nonrefundable fees:

(1) For the application to take the barber examination, not more than ninety dollars;

(2) For an application to retake any one part of the barber examination, not more than forty-five dollars;

(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;

(3)(4) For the initial issuance of a license to practice as a barber, not more than thirty dollars;

(4)(5) For the biennial renewal of the license to practice as a barber, not more than one hundred ten 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;

(6)(7) For the issuance of a duplicate barber or shop license, not more than forty-five 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;

(8)(9) For the biennial renewal of a barber shop license, not more than seventy-five dollars;

(9)(10) For the restoration of a barber shop license, not more than one hundred ten 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;

(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;

(12) For the restoration of a barber school license, not more than one thousand dollars;

(13) For the issuance of a student registration, not more than forty dollars;

(14)(13) For the examination and issuance of a biennial teacherinstructor license, not more than one hundred eighty-five dollars;

(14) For the issuance of a biennial assistant instructor license, not more than one hundred fifty dollars;

(15) For the renewal of a biennial teacherinstructor or assistant instructor license, not more than one 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;

(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;

(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.

(19) For a temporary pre-examination work permit under section 4709.071 of the Revised Code, not more than fifteen dollars.

(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.

(B)(C) The board, subject to the approval of the controlling board, may establish fees in excess of the amounts provided in this section, provided that the fees do not exceed the amounts permitted by this section by more than fifty per cent.

(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.

4709.13 Disciplinary actions.

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.

(A)he state cosmetology and barber board may refuse to issue or renew or may suspend or revoke or impose conditions upon any license issued pursuant to this chapter for any one or more of the following causes:

(1) Advertising by means of knowingly false or deceptive statements;

(2) Habitual drunkenness or possession of or addiction to the use of any controlled drug prohibited by state or federal law;

(3) Immoral or unprofessional conduct;

(4) Continuing to be employed in a barber shop wherein rules of the board or department of health are violated;

(5) Employing any person who does not have a current Ohio license to perform the practice of barbering;

(6) Owning, managing, operating, or controlling any barber school or portion thereof, wherein the practice of barbering is carried on, whether in the same building or not, without displaying a sign at all entrances to the places where the barbering is carried on, indicating that the work therein is done by students exclusively;

(7) Owning, managing, operating, or controlling any barber shop, unless it displays a recognizable sign or barber pole indicating that it is a barber shop, and the sign or pole is clearly visible at the main entrance to the shop;

(8) Violating any sanitary rules approved by the department of health or the board;

(9) Employing another person to perform or personally perform the practice of barbering in a licensed barber shop unless that person is licensed as a barber under this chapter; 

(10) Gross incompetence.

(B)

(1) The board may refuse to renew or may suspend or revoke or impose conditions upon any license issued pursuant to this chapter for conviction of or plea of guilty to a felony committed after the person has been issued a license under this chapter, shown by a certified copy of the record of the court in which the person was convicted or pleaded guilty.

(2) A conviction or plea of guilty to a felony committed prior to being issued a license under this chapter shall not disqualify a person from being issued an initial license under this chapter.

(C) Prior to taking any action under division (A) or (B) of this section, the board shall provide the person with a statement of the charges against the person and notice of the time and place of a hearing on the charges. The board shall conduct the hearing according to Chapter 119. of the Revised Code. Any person dissatisfied with a decision of the board may appeal the board's decision to the court of common pleas in Franklin county.

(D) The board may adopt rules in accordance with Chapter 119. of the Revised Code, specifying additional grounds upon which the board may take action under division (A) of this section.

4709.14 Injunctive relief.

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.

(A) If the state cosmetology and barber board determines that any person is violating or threatening to violate any provision of this chapter or the rules adopted pursuant thereto and such violation or threatened violation is a threat to the health or safety of persons who use barber services, the board may apply to a court of competent jurisdiction in the county in which the violation or threatened violation occurred or will occur for injunctive relief and such other relief to prevent further violations. The attorney general shall, at the board's request, represent the board in any such action.

(B) If the board determines, after a hearing conducted in accordance with Chapter 119. of the Revised Code, that any person has violated any provision of this chapter or the rules adopted pursuant thereto, the board may, in addition to any other action it may take or any other penalty imposed pursuant to this chapter, impose one or more fines upon the person. In no event, however, shall the fines imposed under this division exceed five hundred dollars for a first offense or one thousand dollars for each subsequent offense.

(C) A person who allegedly has violated a provision of this chapter for which the board proposes to impose a fine may pay the board the amount of the fine and waive the right to an adjudicatory hearing conducted under Chapter 119. of the Revised Code and described in division (B) of this section.

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.

4709.99 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.

4709.28 Qualifications for barber instructor license and assistant barber instructor license.

(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.

4709.29 Restoring expired license.

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.

4709.30 License classified inactive.

(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.

Recommended changes to 4713 are as follows:

4713.01 Cosmetologist definitions.

As used in this chapter:

“Apprentice instructor" means ana individualperson holding a practicing license issued by the state cosmetology and barber board who is engaged in learning or acquiring knowledge of the occupation of an instructor of a branch of cosmetology at a school of cosmetology.

“Barber” has the same meaning as found in division (B) of section 4709.01 of the Revised Code.

“Barber shop” means a business licensed under section 4709.09 of the Revised Code.

“Beauty salon" means a salon in which ana individualperson is authorized to engage in all branches of cosmetology.

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

“Boutique salon" means a salon in which ana individualperson engages in boutique services and no other branch of cosmetology.

“Boutique services" means braiding, threading, shampooing, and makeup artistry.

“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.

“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.

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

“Cosmetologist" means ana individualperson authorized to engage in all branches of cosmetology in a licensed facility.

“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 instructor" means ana individualperson authorized to teach the theory and practice of all branches of cosmetology at a school of cosmetology.

“Esthetician" means ana individualperson who engages in the practice of esthetics but no other branch of cosmetology in a licensed facility.

“Esthetics instructor" means ana individualperson who teaches the theory and practice of esthetics, but no other branch of cosmetology, at a school of cosmetology.

“Esthetics salon" means a salon in which ana individualperson engages in the practice of esthetics but no other branch of cosmetology.

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

“Hair designer" means ana individualperson who engages in the practice of hair design but no other branch of cosmetology in a licensed facility.

“Hair design instructor" means ana individualperson who teaches the theory and practice of hair design, but no other branch of cosmetology, at a school of cosmetology.

“Hair design salon" means a salon in which ana individualperson engages in the practice of hair design but no other branch of cosmetology.

“Hair removal" includes tweezing, waxing, sugaring, and threading. "Hair removal" does not include electrolysis.

“Independent contractor" means ana individualperson who is not an employee of a barber shop or salon but practices barbering or a branch of cosmetology within a salon in a licensed facility.

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

“Licensed facility" means any premises, building, or part of a building licensed under section 4713.41chapters 4709 or 4713 of the Revised Code in which barbering, cosmetology, or tanning services are authorized by the state cosmetology and barber board to be performed.

“Advanced cosmetologist" means an individual authorized to work in a beauty salon and engage in all branches 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.

“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 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.

“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 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.

"Makeup artistry" means the application of cosmetics for the purpose of skin beautification. "Makeup artistry" does not include any other services described in the practice of any other branch of cosmetology.

“Manicurist" means ana individualperson who engages in the practice of manicuring but no other branch of cosmetology in a licensed facility.

“Manicurist instructor" means ana individualperson who teaches the theory and practice of manicuring, but no other branch of cosmetology, at a school of cosmetology.

“Nail salon" means a salon in which ana individualperson engages in the practice of manicuring but no other branch of cosmetology.

“Natural hair stylist" means ana individualperson who engages in the practice of natural hair styling but no other branch of cosmetology in a licensed facility.

“Natural hair style instructor" means ana individualperson who teaches the theory and practice of natural hair styling, but no other branch of cosmetology, at a school of cosmetology.

“Natural hair style salon" means a salon in which ana individualperson engages in the practice of natural hair styling but no other branch of cosmetology.

“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 cosmetology" means the practice of all branches of cosmetology.

“Practice of esthetics" means the application of cosmetics, tonics, antiseptics, creams, lotions, or other preparations for the purpose of skin beautification and includes preparation of the skin by manual massage techniques or by use of electrical, mechanical, or other apparatus; enhancement of the skin by skin care, facials, body treatments, hair removal, and other treatments; and eye lash extension services.

“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.

“Practice of manicuring" means cleaning, trimming, shaping the free edge of, or applying polish to the nails of any individualperson; applying nail enhancements and embellishments to any individualperson; massaging the hands and lower arms up to the elbow of any individualperson; massaging the feet and lower legs up to the knee of any individualperson; using lotions or softeners on the hands and feet of any individualperson; or any combination of these types of services.

“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.

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

“Salon" means a licensed facility on any premises, building, or part of a building in which ana individualperson engages in the practice of one or more branches of cosmetology. "Salon" does not include a barber shop licensed under Chapter 4709. of the Revised Code. "Salon" does not mean a tanning facility, although a tanning facility may be located in a salon.

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

“Shampooing" means the act of cleansing and conditioning ana individualperson’s hair under the supervision of ana individualperson licensed under this chapter and in preparation to immediately receive a service from a licensee.

“Student" means ana individualperson, other than an apprentice instructor, who is engaged in learning or acquiring knowledge of the practice of a branch of cosmetology at a school of cosmetology.

“Tanning facility" means any premises, building, or part of a building that contains one or more rooms or booths with any of the following:

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

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

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

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

4713.01 State board of cosmetology.

(A) There is hereby created the state cosmetology and barber board, consisting of all of the following members appointed by the governor, with the advice and consent of the senate:

(1) One individualperson holding a current, valid cosmetologist or cosmetology instructor license at the time of appointment;

(2) Two individualpersons 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;

(3) One individualperson who holds a current, valid independent contractor license at the time of appointment and practices a branch of cosmetology;

(4) One individualperson who represents individualspersons who teach the theory and practice of a branch of cosmetology at a vocational or career-technical school;

(5) One owner or executive actively engaged in the daily operations of a licensed school of cosmetology;

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

(7) One individualperson 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 Revised Code or a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(8) One individualperson representing the general public;

(9) One individualperson who holds a current, valid tanning permit and who has owned or managed arepresents the tanning facility for at least five years immediately preceding the individual's appointmentindustry;

(10) One individualperson 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’sperson’s appointment;

(11) Two barbers, one of whom 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.

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

(C) All members shall be at least twenty-five years of age, residents of the state, and citizens of the United States. No more than two members, at any time, shall be graduates of the same school of cosmetology. Not more than one member shall have a common financial connection with any school of cosmetology, salon, barber school, or barber shop.

Terms of office are for five years. Terms shall commence on the first day of November and end on the thirty-first day of October. Each member shall hold office from the date of appointment until the end of the term for which appointed. In case of a vacancy occurring on the board, the governor shall, in the same manner prescribed for the regular appointment to the board, fill the vacancy by appointing a member. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. Before entering upon the discharge of the duties of the office of member, each member shall take, and file with the secretary of state, the oath of office required by Section 7 of Article XV, Ohio Constitution.

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

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

(D) The board shall prescribe the duties of its officers and establish an office within Franklin county. The board shall keep all records and files at the office and have the records and files at all reasonable hours open to public inspection in accordance with section 149.43 of the Revised Code and any rules adopted by the board in compliance with this state's record retention policy. The board also shall adopt a seal for the authentication of its orders, communications, and records.

(E) The governor may remove any member for cause prior to the expiration of the member's term of office.

(F) Whenever the term "state board of cosmetology" is used, referred to, or designated in statute, rule, contract, grant, or other document, the use, reference, or designation shall be deemed to mean the "state cosmetology and barber board" or the executive director of the state cosmetology and barber board, whichever is appropriate in context. Whenever the term "barber board" is used, referred to, or designated in statute, rule, contract, grant, or other document, the use, reference, or designation shall be deemed to mean the "state cosmetology and barber board" or the executive director of the state cosmetology and barber board, whichever is appropriate in context.

4713.03 Meetings of board.

The state cosmetology and barber board shall hold meetings to transact its business at least four times a year. The board may hold additional meetings as, in its judgment, are necessary. The board shall meet at the times and places it selects.

4713.04 Single member may act for board.

The state cosmetology and barber board may authorize any of its members, in writing, to undertake any proceedings authorized by this chapter, and the finding or order of such members is the finding of the board when confirmed by it.

4713.05 Depositing receipts.

All receipts of the state cosmetology and barber board shall be deposited into the state treasury to the credit of the occupational licensing and regulatory fund. All vouchers of the board shall be approved by the board chairperson or executive director, or both, as authorized by the board.

4713.06 Executive director - staff.

The state cosmetology and barber board shall annually appoint an executive director. The executive director may not be a member of the board, but subsequent to appointment, shall serve as secretary of the board. The executive director, before entering upon the discharge of the executive director's duties, shall file with the secretary of state a good and sufficient bond payable to the state, to ensure the faithful performance of duties of the office of executive director. The bond shall be in an amount the board requires. The premium of the bond shall be paid from appropriations made to the board for operating purposes. Whenever the term "executive director of the state board of cosmetology" or the term "executive director of the barber board," or variations thereof, is used, referred to, or designated in statute, rule, contract, grant, or other document, the use, reference, or designation shall be deemed to mean the "executive director of the state cosmetology and barber board."

The board may employ inspectors, examiners, consultants on contents of examinations, clerks, or individualspersons as necessary for the administration of this chapter and Chapter 4709. of the Revised Code. All inspectors and examiners shall be licensed cosmetologists pursuant to this chapter or licensed barbers pursuant to Chapter 4709. of the Revised Code.

The board may appoint inspectors to inspect and investigate all facilities regulated by this chapter and Chapter 4709. of the Revised Code, including tanning facilities, to ensure compliance with this chapter and Chapter 4709. of the Revised Code, the rules adopted by the board, and the board's policies, in accordance with division (A)(11) of section 4713.07 of the Revised Code.

4713.07 Duties of board.

(A) The state cosmetology and barber board shall do all of the following:

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

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

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

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

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

(6) Provide a toll-free number and an online service to receive complaints alleging violations of this chapter or Chapter 4709. of the Revised Code;

(7) Report to the proper prosecuting officer violations of section 4713.14 of the Revised Code of which the board is aware, where applicable;

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

(a) A discussion of the conditions in this state of barbering and the branches of cosmetology;

(b) An evaluation of board activities intended to aid or protect consumers;

(c) A brief summary of the board's proceedings during the year the report covers;

(d) A statement of all money that the board received and expended during the year the report covers.

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

(a) The board's proceedings;

(b) The name and last known physical address, electronic mail address, and telephone number of each individualperson issued a license or registration under this chapter;

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

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

(11) Require inspectors appointed pursuant to section 4713.06 of the Revised Code to conduct inspections of licensed or permitted facilities, including salons and boutique salons, schools of cosmetology, barber schools, barber shops, and tanning facilities, within ninety days of the opening for business of a licensed facility, upon complaints reported to the board, within ninety days after a violation was documented at a facility, and at least once every two years. Any individualperson, after providing the individual's name and contact information, may report to the board any information the individualperson may have that appears to show a violation of any provision of this chapter or rule adopted under it or a violation of any provision of Chapter 4709. of the Revised Code or rule adopted by the board pursuant to Chapter 4709. of the Revised Code. In the absence of bad faith, any individualperson who reports information of that nature or who testifies before the board in any adjudication conducted under Chapter 119. of the Revised Code shall not be liable for damages in a civil action as a result of the report or testimony. For the purpose of inspections, an independent contractor shall be added to the board's records as an individual salon.

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

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

(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.

4713.071 Annual report.

(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:

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

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

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

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

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

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

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

(8) 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;

(9) The twenty salons and individualspersons cited with the most violations for unlicensed workers;

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

(B) The board shall include in the final report under division (A) of this section any recommendations it has for changes to this chapter or Chapter 4709. of the Revised Code.

4713.08 Administrative rules.

(A) The state cosmetology and barber board shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this chapter. The rules shall do all of the following:

(1) Govern the practice of the branches of cosmetology;

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

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

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

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

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

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

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

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

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

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

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

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

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

(15) Establish sanitaryinfection control standards for the practice of the branches of cosmetology, salons, and schools of cosmetology;

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

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

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

(b) Require consumers to wear protective eyeglasses;

(c) Require consumers to be supervised as to the length of time consumers use the facility's sun lamps;

(d) Require the operator to prohibit consumers from standing too close to sun lamps and to post signs warning consumers of the potential effects of radiation on individualspersons taking certain medications and of the possible relationship of the radiation to skin cancer;

(e) Require the installation of protective shielding for sun lamps and handrails for consumers;

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

(g) Establish procedures an operator must follow in making reasonable efforts in compliance with section 4713.50 of the Revised Code to determine the age of ana individualperson seeking to use sun lamp tanning services.

(18)(a) ​​​​​​​​​​​​​​If the board, under section 4713.61 of the Revised Code, develops a procedure for classifying licenses inactive, do both of the following:

(i)(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;

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

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

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

(20) ​​​​​​​Anything else necessary to implement this chapter.

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

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

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

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

(E) The 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.

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

4713.081 Posting copies of sanitaryinfection control standards.

The state cosmetology and barber board shall furnish a copy of the sanitaryinfection control standards established by rules adopted under section 4713.08 of the Revised Code to each individualperson to whom the board issues a practicing license, advanced license, license to operate a salon or school of cosmetology, or boutique services registration. The board also shall furnish a copy of the sanitaryinfection control standards to each individualperson providing cosmetic therapy, massage therapy, or other professional service in a salon   under section 4713.42 of the Revised Code. A salon or school of cosmetology provided a copy of the sanitaryinfection control standards shall post the standards in a public and conspicuous place in the salon or school.

4713.082 Posting copies of tanning facility standards.

The state cosmetology and barber board shall furnish a copy of the standards established by rules adopted under section 4713.08 of the Revised Code for installing and operating a tanning facility to each individualperson to whom the board issues a permit to operate a tanning facility. AnA individualperson provided a copy of the standards shall post the standards in a public and conspicuous place in the tanning facility.

4713.09 Continuing education.

The state cosmetology and barber board may adopt rules in accordance with section 4713.08 of the Revised Code to establish a continuing education requirement, not to exceed eight hours in a biennial licensing period, as a condition of renewal for a practicing license, advanced license, instructor license, or boutique services registration. These hours may include training in identifying and addressing the crime of trafficking in persons as described in section 2905.32 of the Revised Code. At least two of the eight hours of the continuing education requirement must be achieved in courses concerning safety and sanitationinfection control, and at least one hour of the eight hours of the continuing education requirement must be achieved in courses concerning law and rule updates.

4713.10 Fees.

(A) The state cosmetology and barber board shall charge and collect the following non-refundable fees:

(1) ​​​​​​​For a temporary pre-examination work permit under section 4713.22 of the Revised Code, not more than fifteen dollars;

(2) ​​​​​​​For initial application to take an examination under section 4713.24 of the Revised Code, not more than forty dollars;

(3) ​​​​​​​For application to take an examination under section 4713.24 of the Revised Code by an applicant who has previously applied to take, but failed to appear for, the examination, not more than fifty-five dollars;

(4) ​​​​​​​For application to re-take an examination under section 4713.24 of the Revised Code by an applicant who has previously appeared for, but failed to pass, the examination, not more than forty dollars;

(5) ​​​​​​​For the issuance of a license under section 4713.28, 4713.30, or 4713.31 of the Revised Code, not more than seventy-five dollars;

(6) ​​​​​​​For the issuance of a license under section 4713.34 of the Revised Code, not more than seventy dollars;

(7) ​​​​​​​For renewal of a license issued under section 4713.28, 4713.30, 4713.31, or 4713.34 of the Revised Code, not more than seventy dollars;

​​​​​​​(8) For the issuance, or renewal, or the change of name or ownership of a cosmetology school license, not more than two hundred fifty dollars;

(9) For the issuance of a new salon license or the change of name or ownership of a salon license under section 4713.41 of the Revised Code, not more than one hundred dollars;

(10) ​​​​​​​​​​​​​​​​​​​​​For the renewal of a salon license under section 4713.41 of the Revised Code, not more than ninety dollars;

(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;

(12) ​​​​​​​For the issuance of a duplicate of any license, not more than thirty dollars;

(13) ​​​​​​​For the preparation and mailing of a licensee's records to another state for a reciprocity license, not more than fifty dollars;

(14) ​​​​​​​For the processing of any fees related to a check from a licensee returned to the board for insufficient funds, an additional thirty dollars.

(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.

(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.

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

4713.11 Fees in excess of statutory amounts.

The state cosmetology and barber board, subject to the approval of the controlling board, may establish fees in excess of the amounts provided by section 4713.10 of the Revised Code, provided that any fee increase does not exceed the amount permitted by more than fifty per cent.

4713.13 Injunctions.

Whenever in the judgment of the state cosmetology and barber board any individualperson 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 individualperson has engaged in the acts or practices, the court shall grant an injunction, restraining order, or other order as may be appropriate.

4713.14 Prohibited acts.

No individualperson shall do any of the following:

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

(B) Aid or abet any individualperson or entity in any of the following:

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

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

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

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

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

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

(3) ​​​​​​​A current, valid temporary special occasion work permit issued under section 4713.37 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;

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

(D) Employ ana individualperson to practice a branch of cosmetology if the individualperson does not hold one of the following authorizing the practice of that branch of cosmetology: