Chapter 4713-1 Administration

4713-1-01 Definition of board of cosmetology.

(A) The term "board" means the Ohio state board of cosmetology.

(B) The term "board member" means those members appointed by the governor of the state in accordance with Chapter 4713. of the Revised Code who are vested with both statutory and discretionary authority.

(C) "Advanced practice services" means services provided which are within the license scope of practice and may require certification for use of machines, devices, chemicals or techniques.

(D) "Advanced techniques" means enhanced skills used to provide services which are part of the licensee's scope of practice.

(E) An "applicant" is an individual who is applying for admission to a school or who is applying to take an examination for a board license or who is applying for a permit from the board. An applicant may also apply for a position in a salon or tanning facility or may be a person applying to provide a service to the board.

(F) "Appropriate disinfectant" is defined as follows:

(1) For objects that come in contact with intact skin, the appropriate disinfectant would be an environmental protection agency (EPA) registered, hospital grade bactericidal (esp. pseudomonacidal), virucidal, and fungicidal (quanternary ammonium compound - "quat") that is mixed and used according to the manufacturer's directions or bleach in a ten per cent solution for ten minutes.

(2) For objects that come in contact with bodily fluids or blood, an appropriate disinfectant would include an EPA disinfectant registered as effective against "HIV/HBV". An acceptable alternative is a bleach solution, mixed as described in paragraph (A) of 4713-15-03 of the Administrative Code. If using bleach, the item shall be soaked in the solution for ten minutes.

(G) "Biometrics" means the identification of humans by certain traits or characteristics.

(H) A "candidate" is an individual who has applied to take the examination.

(I) "Client" means the recipient of cosmetology services, or the services of a tanning facility. A client may include a person, group or community. The words "patron" and "client" may be used interchangeably. A "client" or a "patron" may also be a "consumer."

(J) "Chemical treatment" means any product or procedure, including the preparation and/or application of the product that alters or changes the molecular structure of the hair, skin or nails through the chemical treatments. These treatments may include, but are not limited to the following:

(1) Permanent waving and soft permanent waving;

(2) Chemical straightening;

(3) Hair coloring and bleaching (semi-permanent and permanent);

(4) Chemical skin peel and products;

(5) Depilatory product; and

(6) Lash and brow tinting products.

(K) "Corrective action course" means a remedial training used as a tool to improve the cosmetology service provided by licensees who have violated a board rule or law. A corrective action course is not to be confused with a continuing education course, designed to improve the skills of a licensee.

(L) "Cosmetology service" means any service provided to a client within the scope of practice of cosmetology or of any branches of cosmetology.

(M) "Device" means, for purposes of this chapter, implements and equipment designed to perform a specific service. The term "instrument" many be interchanged with the term "device." (N) An "employee" is an individual whose practice of the service of cosmetology or a branch of cosmetology or who works in a tanning facility in exchange for compensation is controlled and directed by an employer. An employee receives a salary or commission and or benefits. An employee has taxes taken out of the salary or commission. Any employee may have authority in the interest of the employer where it is necessary to use independent judgment, such as supervising and directing other employees, or hiring, transferring or rewarding other employees.

(O) An "employer" is a person who controls and directs the services provided by one or more employees. An employer is responsible for withholding tax from the salary or compensation of the employees.

(P) "Equipment" means tools needed for a particular purpose. Equipment may be a type of machine used to provide a service. Equipment may be mechanical or electrical and, in some instances, may also be considered implements.

(Q) "Escrow" means that a license is held in an inactive state for reasons defined in section 4713.61 of the Revised Code.

(R) An "examiner" means an individual to whom the board has given the authority to administer theoretical and practical examinations for licenses and certifications. An examiner may be an employee or may be a consultant for the board.

(S) "Exfoliation" means the sloughing off of non-living (dead) skin cells by very superficial and non-invasive means.

(T) An "independent contractor" is an individual who is not an employee of the salon, but who practices a branch of cosmetology within a salon subject to an agreement and who has an independent contractor's license.

(U) "Infection control" means to prevent disease and infection by addressing factors related to the spread of infections by cleaning, sanitizing, disinfecting and sterilization.

(1) "Sanitize" means the conditions or practices conducive to maintaining health and preventing disease, especially through cleanliness and disinfection. It also includes using chemical or physical means to remove visible debris from an object or surface. Sanitation may be a two-part process including both cleaning and disinfecting.

(2) "Disinfect" means to use a disinfectant that kills or irreversibly inactivates most bacteria, fungi and viruses in order to clean an item or facility of infection and to rid an item or facility of microorganisms and odors, to prevent disease or disorders. Disinfection is a more thorough means of ridding a surface or a fluid of a possibly dangerous microbial life than sanitation. Disinfection is a part of sanitizing.

(3) "Sterilization" means a process that eliminates, removes or kills all forms of microbial life, including transmissible agents such as fungi, bacteria, viruses, spore forms, etc. present on a surface, contained in a fluid or elsewhere, and can be achieved by applying the proper heat or other by using other procedures. Sterilization terminates all possibly dangerous microbial life whereas sanitation and disinfection reduce the numbers of pathogenic organisms to a level a reasonably healthy individual can tolerate. Salon, schools and tanning facilities are not required to sterilize implements or equipment under Ohio law, but salons, schools and tanning facilities may use sterilization as an extra safety/infection control precaution after disinfection.

(4) "Clean" means free from dirt, marks, or pollutants, or attentive to personal hygiene. The verb "to clean" means to remove dirt, marks or debris from something or someone. Cleaning is a part of sanitizing.

(V) "Implement" means a type of instrument, usually specially designed to perform a specific service.

(1) "Non-porous implement" means a type of instrument that does not permit in water, air, or other fluids to get into the instrument. A non-porous implement may be cleaned, sanitized and disinfected as set forth in rule 4713-15-03 of the Administrative Code.

(2) "Porous implement" means a type of instrument that has pores that allow fluids or gases to penetrate it. Porous implements shall be discarded after one use as set forth in rule 4713-15-03 of the Administrative Code.

(W) "Inspector" means an authorized agent of the board who has the authority to enter a salon, a school or tanning facility or any other facility purporting to offer cosmetology or tanning services to make reasonable inspections or investigations. An inspector may inspect or investigate any person who holds a license or a permit from the board, provides continuing education training, tanning certification training or who acts as a licensee or permit holder, but does not hold a license or permit from the board.

(X) "Inspection report" means the written report on forms provided by the board that the inspector shall prepare after inspecting or investigating a licensee or a person acting as a licensee.

(Y) "Inspection" means to examine, look into, check over or view for the purpose of ascertaining the quality or conditions of the licensee or of a person acting as a licensee or a licensee or the possible violation of law or rule by a person acting as a licensee.

(Z) "Instrument" means, for purposes of this chapter, implements and equipment designed to provide a specific service. The term "device" may be interchanged with the term "instrument."

(AA) "Investigation" means an inspection plus the process of inquiring into, tracking down, searching into or for, examining or observing or inspecting the licensee, permit holder or of a person acting as a licensee or a permit holder for possible violations of law or rule. An investigation is usually started after a person files a complaint with the board.

(BB) "Investigator" means an individual who conducts an investigation or an inspection.

(CC) "Legal residence" means the residence where a person has a permanent home or principal establishment and to where, whenever a person is absent, that person intends to return; every person is compelled to have one and only one legal residence at a time.

(DD) "Model" means a mannequin head or an artificial hand or a living individual.

(EE) "Non-invasive" means confined to the nonliving cells of the epidermis specifically the stratum corneum (outer) layer. Living cells must never be altered, cut or damaged. During services performed by individuals licensed in cosmetology or a branch of cosmetology, at no time should the basal layers be compromised.

(FF) "One year" for purposes of computing work experience is equal to eighteen hundred hours of employment.

(GG) "Operator" means the owner of a salon, a non-licensed business manager, a manager or an individual delegated by the owner to run a salon. For purposes of tanning, an operator is an employee of a tanning facility who has successfully completed and successfully passed, with a minimum score of seventy-five per cent, a board approved training course and holds a board approved certificate.

(HH) "Owner" means a person who has substantial control and a financial interest over a salon, school or tanning facility.

(II) "Person" includes an individual, corporation, business trust, estate, trust, partnership and association.

(JJ) "Service animal" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability, or trained to assist a mobility impaired individual. A "service animal" may be a miniature horse, if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability subject to an assessment of the type, size, and weight of the miniature horse and whether the facility can accommodate these features. The crime deterrent effects of the animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

(KK) "Student" means an individual who is studying in order to obtain sufficient knowledge to be licensed in the practice of cosmetology or a branch of cosmetology or who wishes to become certified in tanning. An individual who enrolls in courses after obtaining a permit or a license becomes a student for the duration of the course.

(LL) "Therapy" means a non-invasive, non-medical and non-healing service, such as aroma therapy or other relaxation services.

(MM) "Unregulated services" means services that are not regulated under the Ohio Revised Code or Administrative Code or the laws or regulations of any other governmental agency.

Replaces: 4713-1-01, 4713-8-01, 4713-15-03

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4713.08
Rule Amplifies: R.C. 121.22(F) , R.C. 4713.01 , R.C. 4713.02 ., R.C. 4713.06 , R.C. 4713.07 , R.C. 4713.08 , R.C. 4713.09 , R.C. 4713.20 , R.C. 4713.25 , R.C. 4713.26 , R.C. 4713.39 , R.C. 4713.41 , R.C. 4713.44 , R.C. 4713.45 , R.C. 4713.49 , R.C. 4713.61 , R.C. 4713.64
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97

4713-1-02 Appointing authority.

The administrative agency concerned with the practice of cosmetology shall be headed by the executive director of the board. The executive director shall operate as the chief administrator of the board's daily transactions of an administrative nature in accordance with all rules established by the board for the governing of the board and the implementation or enforcement of rules and orders of the board.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4713.08(A)(19)
Rule Amplifies: R.C. 4713.06
Prior Effective Dates: 1/18/85, 12/17/89, 2/24/91, 1/26/97

4713-1-03 Application of rules.

(A) All rules promulgated under the authority of section 4713.08 of the Revised Code shall apply to any person licensed in the practice of cosmetology or one of the branches of cosmetology, any unlicensed person, and any person permitted to offer continuing education or corrective education in Ohio unless otherwise specified.

(B) Tanning facilities issued a permit to operate in Ohio, tanning certificate holders and persons permitted to issue tanning certificates in Ohio shall follow all rules promulgated under the authority of section 4713.08 as set forth in Chapter 4713-19 of the Administrative Code and all other rules referencing tanning.

(C) Permit holders permitted to provide continuing education in Ohio shall follow all rules promulgated under section 4713.08 of the Revised Code as set forth in Chapters 4713-8 and 4713-21 of the Administrative Code and all of the rules referencing continuing education.

Replaces: 4713-1-03

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C 4713.08(2) , R.C. 4713.08(A)(19)
Rule Amplifies: R.C. 4713.01 , R.C. 4713.08 , R.C. 4713.13 , R.C. 4713.14 , R.C. 4713.39 , R.C. 4713.48 , R.C. 4713.64
Prior Effective Dates: 1/26/97, 8/1/99

4713-1-04 Public hearings.

(A) The procedure of the board for giving public notice for the adoption, amendment, or rescission of its rules shall be pursuant to section 119.03 of the Revised Code. The board shall provide a copy of a notice to any person who requests a copy in writing and who pays a reasonable fee, not to exceed the cost of copying and mailing.

(B) Prior to the effective date of the rule, amendment, or rescission, the board shall make a reasonable effort to inform those affected by the rule, amendment, or rescission and to have available for distribution to those requesting it the full text of the rule as adopted, amended, or rescinded.

Replaces: 4713-1-04

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(19)
Rule Amplifies: 4713.08
Prior Effective Dates: 1/18/85, 12/17/89, 1/26/97, 1/17/02

4713-1-05 Sunshine rule.

(A) A notice of each regular or special meeting of the board shall be filed forthwith by the chairman of the board with the executive director to the board, stating the time, place, and purpose of each regular or special meeting of the board. Any person may obtain such information from the "Ohio State Board of Cosmetology, 1929 Gateway Circle, Grove City, Ohio 43123," as provided in paragraph (B) of this rule or by telephoning (614) 466-3834, or by sending an e-mail as set forth on the web page of the board.

(B) Any person may obtain a reasonable advance written notification of all meetings of the board at which any specific type of public business is to be discussed, or may request notification by annually providing the executive director with self-addressed stamped envelopes suitable for this purpose, or by providing an e-mail address to receive notifications by e-mail.

(C) The staff of the board shall publish the agenda five days before the meeting. Any member of the board wishing to make additions or subtractions to the agenda may do so prior to the meeting and a revised agenda shall be posted.

(D) The agenda may be amended during the meeting to include new subject matter or to enter into an executive session if information to allow for advanced notice of the new subject matter or need for an executive session was not available prior to the scheduled meeting.

(1) Members of the general public shall be permitted to express opinions on the newly introduced subject matter in a manner enabling the board members to consider the opinions during their deliberation of the subject matter.

(2) No vote on new subject matter may be taken at a meeting during which the agenda was amended to allow for the introduction of the subject matter.

(3) An exception to the no vote requirement shall occur when the board votes by two-thirds majority that the subject matter involves an emergency, in which case a vote may take place only after the board allows comments from the interested public as well as debate from board members on the subject.

(4) For purposes of this paragraph, an emergency shall exist if there is a threat to the health, safety and welfare of the board, the licensees or the general public or a pending or imminent court case in which an action needing board approval has suddenly emerged.

(E) The board will regularly communicate to the licensees and public that all monthly board meetings are public meetings and anyone may request the opportunity to speak on any issue of concern during times reserved for public discussion in a meeting. The board will communicate this information primarily through the board web page. The board may set reasonable time limits to be applied equally to all interested members of the public when addressing the board.

(F) The board may adopt, by majority vote, parliamentary procedure guidelines that allow the board members to more efficiently conduct their meetings and to set forth the duties of the board's officers.

(G) The board shall comply with the public records law as set forth in section 149.43 of the Revised Code including the following:

(1) The definition of "record" and of "public record" shall be as set forth in section 149.43 of the Revised Code and shall include electronic as well as paper documents.

(2) All records kept by the board are public unless they are exempt from disclosure under Ohio law or federal law or rules.

(3) No specific language is required to make a public records request and the individual requesting the records is not required to give a name.

(4) The record request must be reasonable.

(5) The board shall make the requested public records available for inspection within a reasonable time. The individual requesting the records may ask them to be copied or e-mailed, faxed or otherwise sent to another place. The board may request an advance payment for the cost of duplicating the public records, if the individual's request involves copying many documents. For the same reason, the individual may be charged the cost of mailing supplies and postage.

(H) Records shall be retained according to a schedule, a copy of which is posted on the board's web page and is available by request from the board.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4713.08(A)(19)
Rule Amplifies: R.C. 121.22(F) , R.C. 4713.03
Prior Effective Dates: 1/18/85, 12/17/89, 2/24/91, 1/26/97, 8/11/2008

4713-1-06 Cosmetologist must be licensed in Ohio.

(A) All persons (individuals, salons and schools) practicing cosmetology or branches of cosmetology shall be licensed by the state of Ohio. Tanning facilities operating in Ohio shall have permits issued by the state of Ohio. Individuals acting as tanning facility operators in a tanning facility shall have certificates properly issued for Ohio. Out-of-state licenses, certificates of tanning or permits for tanning facilities are not valid in this state.

(B) A medical facility that also provides esthetic services shall not be required to have an esthetics salon license or a cosmetology salon license as long as the physician is the first point of contact and prescribes the esthetic service or services to be completed. If the physician is not the first point of contact and an esthetician or a cosmetologist can provide esthetic services without a prescription from the physician, a salon license is required.

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4713.08(A)(1) , R.C. 4713.08(A)(19)
Rule Amplifies: R.C. 4713.14 , R.C. 4713.17(A)(1) , R.C. 4713.29 , 4713.34

4713-1-07 Prohibited acts.

(A) The board may refuse to issue or refuse to renew, or may fine, suspend and/or revoke any license or permit for any one or more of the following causes:

(1) Failure to provide truthful or accurate information when applying for a license or permit;

(2) Conviction of a felony or misdemeanor performed in a licensed or permitted facility;

(3) Immoral or unprofessional conduct;

(4) Gross incompetence;

(5) Advertising by means of false or deceptive statements;

(6) Obtaining money, or anything of value, by fraudulent misrepresentation in the course of practice;

(7) Failure to meet the industry's minimum standards of care;

(8) Failure to meet any of the requirements of licensure;

(9) Failure of a person to assist a board inspector or investigator;

(10) Interference with a board inspector in identification of any individual believed by the inspector to be working in a salon, school or tanning facility or practicing a branch of cosmetology without a license or operating a tanning facility without a permit or performing a service for which the individual is not licensed;

(11) Where a person issued a license or permit under Chapter 4713. of the Revised Code has an unsatisfied final judgment or lien in any court if the unsatisfied final judgment or lien is related to the license or permit to a violation of Chapter 4713. of the Revised Code or to any compensation earned by the licensee or permit holder;

(12) Use of a bladed implement to remove skin cells that are below the stratum cornium, including dermaplaning, skin leveling or other similar procedures. Practicing reflexology, lymphatic drainage, botulism toxin services, tattoo removal, shaving of the face or other services that are out of the scope of any branch of cosmetology. The clipping of sideburns or the shaving of the back of the neck as part of a hair cut would not be considered shaving of the face, or

(13) Taking photos of a client at any time when the client is in a salon, school or a tanning facility without explicit written permission from the client concerning the time and place of the photos taken, except for photographs taken specifically to verify age or identity when there is a suspicion that the client presented false information for purposes of identification or age verifications, or except for photographs taken during an inspection or investigation by a board inspector or investigator.

(B) A license shall not be issued to a salon or school and a permit shall not be issued to a tanning facility while an administrative violation is pending or a fine remains unpaid.

(C) If a salon or a tanning facility has an unpaid fine, and if the salon or tanning facility either goes out of business or sells its business to another person, the space in which the salon or tanning facility is located shall not be issued a license to operate a salon or a permit to operate a tanning facility until the board is satisfied that all fines for board violations have been paid.

(D) When notified by the prosecutor in the case that a licensee is convicted of, pleads guilty to, has a judicial finding of guilt of, or a judicial finding of guilt resulting from a plea of no contest to the offense of trafficking in persons in violation of section 2905.32 of the Revised Code, the board shall immediately suspend the license of the licensee or the permit without a prior hearing. When notified by the prosecutor in the case that all or part of the violation of section 2905.32 of the Revised Code occurred on the premises of a licensed salon or permitted tanning facility, the board shall immediately suspend the license of the salon or the permit of the tanning facility without a prior hearing. After the suspension, the board shall give written notice to the subject of the suspension of the right to request a hearing under Chapter 119. of the Revised Code. After the hearing is held, the board shall revoke the license or permit permanently, unless the board determines that the subject of the suspension has not been convicted of, pleaded guilty to, been found guilty of, or been found guilty based on a plea of no contest to the offense of trafficking in persons in violation of section 2905.32 of the Revised Code. If the subject of the suspended license or permit fails to request a hearing within thirty days of the mailing of the notice, the license or permit shall automatically be revoked, as permitted under section 4713.64 of the Revised Code.

(1) On a licensee's conviction of, plea of guilty to, judicial finding of guilt of, or judicial finding of guilt resulting from a plea of no contest to the offense of trafficking in persons in violation of section 2905.32 of the Revised Code, the prosecutor in the case shall promptly notify the licensing agency of the conviction, plea, or finding and provide the licensee's name and residential address. On receipt of this notification, the licensing agency shall immediately suspend the licensee's license.

(2) If there is a conviction of, plea of guilty to, judicial finding of guilt of, or judicial finding of guilt resulting from a plea of no contest to the offense of trafficking in persons in violation of section 2905.32 of the Revised Code and all or part of the violation occurred on the premises of a facility that is licensed by a licensing agency, the prosecutor in the case shall promptly notify the licensing agency of the conviction, plea, or finding and provide the facility's name and address and the offender's name and residential address. On receipt of this notification, the licensing agency shall immediately suspend the facility's license.

(3) Notwithstanding any provision of the Revised Code to the contrary, the suspension of a license under paragraph (D)(1) or (D)(2) of this rule shall be implemented by the board without a prior hearing.

(a) After the suspension, the licensing agency shall give written notice to the subject of the suspension of the right to request a hearing under Chapter 119. of the Revised Code.

(b) After a hearing is held, the licensing agency shall either revoke or permanently revoke the license of the subject of the suspension, unless it determines that the license holder has not been convicted of, pleaded guilty to, been found guilty of, or been found guilty based on a plea of no contest to the offense of trafficking in persons in violation of section 2905.32 of the Revised Code.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4713.08 , R.C. 4713.39
Rule Amplifies: R.C. 4713.13 , R.C. 4713.14 , R.C. 4713.20 , R.C. 4713.24 , R.C. 4713.38, R.C. 4713.39 , R.C. 4713.41 , R.C. 4713.44 , R.C. 4713.45 , R.C. 4713.48 , R.C. 4713.64 , R.C. 4713.68
Prior Effective Dates: 1/26/97, 1/17/02

4713-1-08 Chemicals, equipment and service approval.

The use of all chemicals in the provision of any cosmetology service, and any equipment or implements in the provision of any cosmetology service issubject to the approval of the board to ensure the health and safety of licensees, permit and certificate holders and patrons.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4713.08(A)(1)
Rule Amplifies: R.C. 4713.06 , R.C. 4713.08(14) , R.C. 4713.08(A)(16) , R.C. 4713.14(N) , R.C. 4713.41 , R.C. 4713.48
Prior Effective Dates: 1/26/97, 9/28/2008

4713-1-09 Animals forbidden in salons, tanning facilities, schools and in the board.

(A) Animals, with the exception of fish in an aquarium maintained in a sanitary condition and service animals as defined in rule 4713-1-01 of the Administrative Code, are not permitted in a cosmetology salon, in a tanning facility, in a cosmetology school, or in the offices of the board.

(B) A service animal shall be tethered or otherwise restrained and, unless necessary to provide the service to its owner, the service animal shall be kept away from where the licensee is performing a cosmetology service. If a service animal is disruptive or is not trained, the salon, facility, or school may request that the animal be removed.

(C) To determine if an animal brought into a licensed or permitted facility or the office of the board is a service animal, questions about the nature of the disability or proof that the service animal was trained are prohibited. Only the following two questions may be asked:

(1) Is the animal required because you have a disability?, and

(2) What task is the animal trained to perform?

Replaces: 4713-15-14, 4713-19-11

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4713.08
Rule Amplifies: R.C. 4713.08(A)(14) , R.C. 4713.08(A)(16) , R.C. 4713.41 , R.C. 4713.44 , R.C. 4713.45 , R.C. 4713.48
Prior Effective Dates: 1/26/97, 9/28/2008

4713-1-10 Inspection and investigation.

(A) To better protect the general public and to ensure compliance with Chapter 4713. of the Revised Code and the rules amplifying it, the board may inspect or investigate the following:

(1) Any salon, school, tanning facility, continuing education provider or location in which the practice of cosmetology is practiced or taught, or tanning takes place, or

(2) Any licensee, permit or certificate holder or person acting as a licensee or permit or certificate holder.

(B) The inspector or investigator may inspect or investigate persons holding a license or permit or the facilities in which the licensee holders and permit or certificate holders work without prior notice in order to ensure compliance with the board's laws and rules.

(1) No salon or tanning facility shall be inspected more than once a year, except for a salon in which violation are found during an inspection.

(a) When an inspector finds violations, the inspector may do follow-up inspections on the licensee to determine if the licensee has corrected the violations.

(b) The inspector may return as often as possible to ensure the licensee corrects the violations and understands board laws and rules.

(2) The salon or facility to be inspected shall be randomly chosen, and

(3) Assignments to inspect salons shall be made according to the policy of the board.

(4) The board inspectors and investigators shall make reasonable inspections or investigations during the normal business hours of the salon, school or tanning facility or at the location where a branch of the cosmetology profession is being practiced or demonstrated or taught.

(5) If the salon, school, tanning facility, or other location is "open for business" or has no hours of operation posted, the inspector or investigator may conduct an inspection or investigation whether the doors are locked or unlocked.

(C) If a complaint is filed, an inspector or investigator shall be assigned to investigate the complaint.

(D) After any inspection investigation, the inspector or investigator shall issue a report that shall be signed and posted in the salon, school, tanning facility or other location issued a temporary service permit.

(1) The board inspector or investigator who has conducted a reasonable inspection or an investigation shall prepare a report of the inspection or investigation on forms provided by the board;

(2) The inspector or investigator shall sign the report.

(3) The owner, salon manager or individual authorized by the owner to sign shall also sign the report.

(4) A copy of the report shall be left with the owner, salon manager or the individual authorized to sign the document.

(5) The report shall be posted near the license of the salon until the next inspection report is issued, and in a position easily seen by the clients of the salon or tanning facility. At a location, the report shall remain posted for the duration of the event.

(6) Should the inspector or investigator find violations committed by individuals in the salon, the individuals shall be given a copy of the inspection or investigation report.

(E) Persons being investigated or inspected shall cooperate with the board inspector or investigator.

(F) Should the board decide to issue a notice of violation based upon the charges, the board shall follow the procedure for the administrative hearings as set forth in Chapter 119. of the Revised Code.

(1) Any fines or other punishment shall be as authorized in section 4713.64 of the Revised Code.

(2) A notice of violation shall be sent to the salon owner as well as to the salon licensee and any individual licensee or unlicensed individual, or permit holder cited for violations.

(G) The board grants the authority to the executive director to oversee the inspection and investigation process and to initiate disciplinary proceedings pursuant to section 4713.64 of the Revised Code for any violation of Chapter 4713. of the Revised Code and rules amplifying the chapter, including taking the following actions:

(1) To issue notices of violation and opportunity for hearing in accordance with Chapter 119. of the Revised Code, and

(2) To oversee any disciplinary proceedings permitted in Chapter 4713. of the Revised Code against licensed or unlicensed persons practicing cosmetology or a branch of it or a person operating a tanning facility with or without a permit or certificate or disciplining a continuing education or tanning operator certificate provider for failing to follow the law and rules of the board.

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4713.08
Rule Amplifies: R.C. 4713.06 , R.C. 4713.08 , (A)(14), R.C. 4713.08(A)(16) , R.C. 4713.13 , R.C. 4713.14 , R.C. 4713.41 , R.C. 4713.44 , R.C. 4713.45 , R.C. 4713.48 , R.C. 4713.64

4713-1-11 Notice of change of status.

(A) Any person holding a license or a tanning permit issued under Chapter 4713. of the Revised Code must inform the board of any change in personal or professional status that would affect that person's ability to receive official correspondence related to that person's license.

(1) Notice of a change in status would include marriage, divorce, or official change of name which would affect that person's license.

(2) Students in a licensed school of cosmetology who incur a name change during the period of training need not provide such notice until at the time of application for the state exam and/or license. Official documentation of the type of change and effective date of the change must be provided with the exam or license application.

(B) A licensee that is a legal business shall report a change in ownership that does not involve a transfer of the ownership or a change in the business location to the board. Any person who is transferring majority ownership or the physical location of a licensed salon, school or tanning facility or other business licensed by the board shall apply for a new license or permit within thirty days of the change.

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08 , 4713.14 , 4713.41 , 4713.44 , 4713.45 , 4713.48

4713-1-12 Signs.

(A) Every salon, school or tanning facility licensed or permitted by the board shall have a sign stating in English the name of the business as submitted in the salon, school or tanning facility's application to the board.

(B) A school shall also have the words "School of Cosmetology" on its sign or shall have an additional sign identifying it as an educational institution or as a school of cosmetology.

(C) A salon, school or tanning facility may have additional information on the sign as long as the sign meets the minimum requirements.

(D) A salon, school or tanning facility shall display the sign at its main entrance in a manner clearly visible from the street. A business located within a mall, office building, nursing home, department store or other facility shall be excepted from the requirement and the sign shall be displayed at the entrance of the business.

(E) An independent contractor working in a salon may have the independent contractor's name attached to the salon's sign or may rely on the sign of the salon owner for purposes of identification to the general public.

(F) All signs shall meet any local zoning or other requirements.

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08 , 4713.41 , 4713.44 , 4713.45 , 4713.48

4713-1-13 Board of cosmetology policy concerning access to confidential personal information.

(A) Authority

In late 2008, in response to the "Joe the Plumber" case, the 127th General Assembly, through HB 648, enacted section 1347.15 of the Revised Code. Section 1347.15 of the Revised Code requires all state agencies to adopt rules, policies and procedures that regulate employees' access to confidential personal information kept by the agency.

(B) Purpose

This rule is designed to regulate access to the confidential personal information that is kept by the board.

(C) Application and scope

This rule applies to all records kept by the board, whether in electronic or paper form. Likewise, this rule applies to all employees of the board and to all persons who are granted access, for valid business reasons, to the records of the board that may contain confidential personal information.

(D) Definitions

As used in section 1347.15 of the Revised Code and in this rule, the following definitions apply:

(1) "Confidential personal information" means personal information that is not a public record for purposes of section 149.43 of the Revised Code. This includes information such as a social security number, a criminal records check result, or a disciplinary file. Simply put, if you have to redact it before releasing the information in response to a public records request, it probably is confidential personal information;

(2) "Personal" refers to information about a natural person or individual as used in division (A)(2)(b)(5) of section 1347.12 of the Revised Code;

(3) "State agency" does not include the courts or any judicial agency, any state-assisted institution of higher education, or any local agency;

(4) "Records" has the same meaning as set forth in division (G) of section 149.011 of the Revised Code, and

(5) "System" means any collection or group of information including, but not limited to, electronic or paper files, databases, or any externally accessed source not under direct control of the board.

(E) Criteria for "Access to Confidential Personal Information" division (B)(1) of section 1347.15 of the Revised Code requires that every state agency, including the board, develop criteria for determining which of its employees may have access to confidential personal information, and which supervisors may authorize those employees to have access. Employees of the board (including board members) shall maintain confidentiality regarding confidential personal information acquired while employed by the board, including, but not limited to, social security numbers of applicants/licensees, and information obtained in the course of an investigation, including client records contained in investigative files. Confidentiality must be maintained both during and after employment with the board as required by Ohio ethics laws. Access to confidential personal information shall be granted at the lowest level necessary that allows for an individual to perform his/her assigned duties in order to minimize the potential impact to the public. For the board, the following criteria apply:

(1) The executive director and the managers as selected by the executive director may have unlimited access to any and all confidential personal information in the possession of the board;

(2) The executive director may delegate to the staff involved with administrative violations unlimited access to any and all confidential personal information contained in the Ohio official licensing system and paper files related to individuals licensed by the board and individuals applying for licensure with the board; any and all confidential personal information contained in criminal records checks results for individuals applying for licensure with the board;

(3) The staff members working on granting licenses or permits and renewing licenses or permits may have unlimited access to any and all confidential personal information contained in the Ohio official licensing system and paper files related to individuals licensed by the board and individuals applying for licensure with the board; and any and all confidential personal information contained in criminal records checks results for individuals applying for licensure with the board including test results;

(4) The investigators, inspectors and compliance coordinator may have unlimited access to any and all confidential personal information contained in disciplinary files related to alleged violations of the board's law; any and all confidential personal information contained in the Ohio official licensing system and paper files related to individuals licensed by the board and individuals applying for licensure with the board, and any and all confidential personal information contained in criminal records checks results for individuals who apply for licensure with the board. In addition, the compliance coordinator may have unlimited access to confidential test questions and test procedures as well as test results;

(5) The business manager and office manager may have access to all personnel records of the board and all financial records contained on paper or in OAKS or "My Ohio";

(6) The examination and testing staff may have unlimited access to any and all confidential personal information contained in the Ohio official licensing system and paper files related to individuals licensed by the board and individuals that are part of a continuing education or testing process;

(7) The board members serving on a personnel committee may have unlimited access to any and all confidential personal information contained in disciplinary files related to alleged violations of the appropriate law or rule;

(8) All board employees are entitled to access their own OAKS or "My Ohio" information and all other confidential personal information kept on file for payroll and other time and hour functions;

(9) Board employees who serve the agency in a supervisory capacity may authorize any other board employee in their direct line of supervision or others who may be working with the board in the course of normal business functions to have access to confidential personal information that is acquired by or in the possession of the board. The board organizational chart denotes those employees who serve in supervisory capacities. That organizational chart is incorporated herein by reference, and

(10) The board's assistant attorney general or any attorney or attorneys assigned by the attorney general to the board may have access to any files necessary to prepare for a hearing or to provide the board with a requested informal legal opinion.

(11) Access to electronically stored data shall be granted through the use of assigned passwords.

(F) The following systems contain confidential personal information held by the board:

(1) The Ohio official licensing system contains social security numbers and investigative information, and

(2) The electronic document management system contains social security numbers on documents including applications, supporting documents and investigative files.

(G) Rational access to confidential personal information. Board employees are only permitted to access confidential personal information that is acquired by or in the possession of the agency for valid business reasons. Specifically, "valid business reasons" are those reasons that reflect the employee's execution of the duties of the board as set forth in Chapter 4713. of the Revised Code and in Chapters 4713-1 to 4713-21 of the Administrative Code. Employees are also permitted to access their individual employment records, which contain confidential personal information, for time and hour and other payroll reasons.

(H) Statutory and other legal authority for confidentiality. The term "confidential personal information" is defined by sections 1347.15 and 149.43 of the Revised Code. Other state and federal statutes, and even case law, may add to the collection of information that is classified as "confidential personal information" (see, e.g.: The Health Insurance Portability and Accountability Act of 1996 [HIPAA], which makes confidential certain health information, or State ex rel. Office of Montgomery Cty. Public Defender v. Siroki (2006), 108 Ohio St. 3d 207, 2006-Ohio-662, concerning Social Security Numbers). An exhaustive list cannot be attached. Consequently, board employees should contact the executive director before accessing a record if they are unsure if it contains confidential personal information.

In addition, some personal information may be deemed confidential under section 4713.24 of the Revised Code, which makes confidential the questions for and results of the licensing examination.

The Ohio supreme court has held that although the federal Privacy Act (5 U.S.C 552a) does not expressly prohibit release of one's SSN, the act does create an expectation of privacy as to the use and disclosure of the SSN.

(I) Existing computer systems and computer upgrades. In the event that the board intends to upgrade its existing computer system or purchase any new computer system that stores, manages, or contains confidential personal information, the new system and/or upgrades shall contain a mechanism for recording specific access by employees of the board to the confidential personal information.

Until an upgrade or new acquisition of such a computer system is made, employees accessing confidential personal information should keep a log that records access of the confidential personal information.

(J) Requests for information from individuals. From time to time, the board may receive requests from individuals who want to know what confidential personal information is kept by this agency. Only written requests will receive a response. Board employees receiving such a request shall consult with the executive director before any response is provided.

(K) Access for invalid reasons. Even though there are appropriate safeguards for protecting the confidentiality of personal information, it is possible that an employee of the board might gain access to such information for invalid reasons. Should an incident of invalid access occur, the executive director or the director's designee will advise the individual whose information was invalidly accessed of the breach of confidentiality as soon as is reasonably possible. However, if such notice would compromise the outcome of an investigation, notice may be provided upon completion of the investigation.

(L) Data privacy point of contact. By law, the board must appoint a data privacy point of contact. That individual will work with the state's chief privacy office to ensure that confidential personal information is properly protected and that the requirements of section 1347.15 of the Revised Code are satisfied. The data privacy point of contact will be responsible for completing a privacy impact assessment form(s) for the board. The executive director shall serve as the board's data privacy point of contact.

(M) Use of authentication measure

Every board employee is required to have a personal and secure password for his or her computer. Through that computer, the employee may be able to access confidential personal information. Board employees are to keep passwords confidential and are prohibited from using their own passwords to log onto systems for non-employees or other persons.

(N) Training and publication of policy

The board will develop a training program for all its employees so that those employees are made aware of all the rules, laws, and policies governing their access to confidential personal information. In addition, this policy will be copied and distributed to each board employee for inclusion in the employee's policy and procedure manual. Employees will acknowledge receipt of the copy in writing. Amendments to this rule will be distributed and acknowledged in the same way. Further, a copy of this rule will be prominently posted in a conspicuous place in the board office and posted on the board website.

(O) Disciplinary measures for violations

No employee of the board shall knowingly access, use, or disclose confidential personal information for reasons that would violate this rule. Knowingly accessing, using, or disclosing confidential personal information in violation of this rule is a first degree misdemeanor, is cause for immediate termination from employment, and is cause for prohibition on future employment with the state.

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 149.43 , 1347.15 , 4713.08
Rule Amplifies: 1347.15 , 4713.02 , 4713.06

4713-1-14 Trafficking education.

(A) All licensees and individuals seeking to become licensees shall receive training in the recognition and handling of human trafficking cases either while training in a school of cosmetology or through a continuing education program.

(B) As required under section 5502.63 of the Revised Code, salons shall post posters prepared by the division of criminal justice services in the department of public safety to alert anyone being trafficked or anyone seeking trafficking that they can be helped and can receive services. The sign shall reference the toll free national human trafficking resource center hotline's phone number, 1-888-373-7888 and shall be written in English, Spanish and, for each county, any other language required for voting materials in that county. Schools and tanning facilities may post the signs in order to help those who have been trafficked or are modern day slaves.

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08 , 4743.07 , 5502.63
Rule Amplifies: 4713.02 , 4713.06 , 4713.08 , 4713.09 , 4713.44 , 4713.45 , 4713.48 , 4713.62 , 4743.07 , 5502.63