Chapter 4713-1 Administration

4713-1-01 Definitions.

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

(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) "Active bleach" means an unexpired, environmental protection agency (EPA)-registered product containing at least 5.25 per cent sodium hypochlorite.

(D) 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.

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

(1) For objects that come in contact with intact skin, the appropriate disinfectant would be an EPA-registered, hospital disinfectant or sterilant that is bactericidal, virucidal, and fungicidal and is mixed and used according to the manufacturer's directions, or active bleach, mixed in a solution of one part bleach to nine parts cool or cold water. If using a bleach solution, the contact time shall be at least ten minutes.

(2) For objects that come in contact with bodily fluids or blood, an appropriate disinfectant would include a disinfectant or sterilant, as described in paragraph (E)(1) of this rule, that is also registered as effective against mycobacterium tuberculosis, human HIV-1, and hepatitis B virus, or active bleach, mixed in a solution of one part bleach to nine parts cool or cold water. If using a bleach solution, the contact time shall be at least ten minutes.

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

(G) A "candidate" is an individual who has applied to take an examination offered by the board.

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

(I) "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. Chemical 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) Applying chemical skin peel products;

(5) Applying depilatory products; and

(6) Applying lash and brow tinting products.

(J) "Common Area" means any lobby or reception areas, restrooms, dispensary or any other area available for general use. This includes shampoo and dryer areas, pedicure, manicure, and other work stations unless individually assigned or an individual is delivering services in that area at the time of the inspection.

(K) "Corrective action course" means a remedial training used as a tool to improve the service provided by licensees or boutique services registration holders 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 or boutique services registration holder.

(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" may be interchanged with the term "device."

(N) An "employee" is an individual who practicescosmetology, a branch of cosmetology, barbering, or who works in a tanning facility in exchange for compensation, and is controlled and directed by an employer.

(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) "Inactive" means a practicing license, advanced practice license, or instructor license so classified 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 a salon or barber shop, but who practices a branch of cosmetology or barbering within thesalon or barber shop .

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

(1) "Disinfecting" means the use of an appropriate disinfectant to kill or irreversibly inactivate most bacteria, fungi and viruses.

(2) "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.

(3) "Cleaning" means the use of soap, detergent, or a chemical cleaner, followed by rinsing with clean water, to remove surface or visible dirt or debris.

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

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

(Y) "Inspection" means to examine, look into, check over, or view for the purpose of ascertaining a licensee's, permit holder's, or boutique services registration holder's compliance with laws under Chapters 4709. and 4713. of the Revised Code and rules promulgated thereunder .

(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, observing, or inspecting the licensee, boutique services registration holder, permit holder, or of a person acting as a licensee, boutique services registration holder, or a permit holder for possible violations of law or rule governing cosmetology, a branch of cosmetology, barbering, tanning, or boutique services. 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) "Licensee" means an individual or entity issued a license under Chapters 4709. and/or 4713. of the Revised Code.

(EE) "Model" means a mannequin head, an artificial hand, or a living individual used for the purpose of examination.

(FF) "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 by the board, at no time should the basal layers be compromised.

(GG) "Non-porous" mean a material that does not permit water, air, other fluids, or debris to be absorbed or to pass through. A non-porous item or implement may be cleaned and disinfected for reuse, as set forth in rule 4713-15-03 of the Administrative Code.

(HH) "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 passed, with a minimum score of seventy-five per cent, a board approved training course and holds a board approved certificate.

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

(JJ) "Person" includes an individual, corporation, business trust, estate, trust, partnership, or association.

(KK) "Porous" means a material that permits fluids, gases, or debris to be absorbed or to pass through. Porous implements may not be cleaned and disinfected for reuse, and shall be discarded after one use, as set forth in rule 4713-15-03 of the Administrative Code.

(LL) "Service animal" means any animal 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.

(MM) "Student" means an individual who is studying in order to obtain sufficient knowledge to be licensed in the practice of cosmetology, a branch of cosmetology, or barbering.

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

(OO) "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.

(PP) "Armed forces" mean:

(1) The armed forces of the United States, including the army, navy, air force, marine corps, and coast guard;

(2) A reserve component of the armed forces in paragraph (OO)(1) of this rule;

(3) The national guard, including the Ohio national guard or the national guard of any other state;

(4) The commissioned corps of the United States public health service;

(5) The merchant marine service during wartime; or

(6) The Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.

(QQ) "Active duty military member" means any person who is serving in the armed forces.

(RR) "Veteran" means any person who has completed service in the armed forces, who has been discharged under honorable conditions or who has been transferred to the reserve with evidence of satisfactory service.

Replaces: 4709-1-01, part of 4709-9-05

Effective: 2/21/2019
Five Year Review (FYR) Dates: 12/5/2021
Promulgated Under: 119.03
Statutory Authority: 4713.08(A), 4709.05(E), 4713.05(J)
Rule Amplifies: 4713., 4709
Prior Effective Dates: 09/05/1977, 11/19/1987, 12/17/1989, 10/23/1992, 01/26/1997, 01/01/2000, 11/01/2013, 03/26/2015, 12/05/2016, 02/16/2018

4713-1-02 Appointing authority.

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

Replaces: 4709-1-02

Effective: 2/21/2019
Five Year Review (FYR) Dates: 11/28/2018 and 02/21/2024
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(20), 4713.08(A)(1), 4709.05(E)(6)
Rule Amplifies: 4713.06
Prior Effective Dates: 01/18/1985, 12/17/1989, 02/24/1991, 10/23/1992, 01/26/1997, 08/09/2002, 04/20/2008, 11/01/2013

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 person holding a boutique services registration, 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.

Effective: 4/3/2017
Five Year Review (FYR) Dates: 01/13/2017 and 04/03/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), (A)(16), (A)(17), (A)(19), (A)(20), 4713.09
Rule Amplifies: 4713.07(A)(1), 4713.09 , 4713.13, 4713.14, 4713.39, 4713.48, 4713.64
Prior Effective Dates: 1/26/97, 8/1/99, 11/1/13

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

Five Year Review (FYR) Dates: 11/28/2018 and 11/01/2023
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(20)
Rule Amplifies: 4713.08
Prior Effective Dates: 01/18/1985, 12/17/1989, 01/26/1997, 01/17/2002, 11/01/2013

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 Cosmetology and Barber Board, 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.

Replaces: 4709-1-05

Effective: 2/21/2019
Five Year Review (FYR) Dates: 11/28/2018 and 02/21/2024
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(19)
Rule Amplifies: 4713.03, 121.22(F)
Prior Effective Dates: 01/18/1985, 12/17/1989, 02/24/1991, 10/23/1992, 01/26/1997, 08/09/2002, 08/11/2008, 11/01/2013

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.

The board may fine and/or suspend, revoke, or deny any license, permit, or registration for any one or more of the following causes:

(A) Conviction of a felony or misdemeanor committed in a licensed or permitted facility;

(B) Unprofessional conduct;

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

(D) Interference with a board inspector in identification of any individual believed by the inspector to be engaging in any of the following:

(1) Working in a salon, school, or tanning facility;

(2) Practicing a branch of cosmetology without a license;

(3) Operating a tanning facility without a permit; or

(4) Performing a service for which the individual is not licensed.

(E) 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 for a violation of Chapter 4713. of the Revised Code;

(F) Performing or providing services that are not within the scope of cosmetology, or branch of cosmetology for which the individual is licensed, including, but not limited to:

(1) Use of a bladed implement to remove skin cells that are below the stratum corneum, including dermaplaning, skin leveling, or other similar procedures;

(2) Practicing reflexology;

(3) Performing lymphatic drainage;

(4) Tattoo removal.

Replaces: 4713-1-07

Effective: 5/3/2017
Five Year Review (FYR) Dates: 05/03/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A) 20
Rule Amplifies: 4713.01, 4713.07, 4713.13, 4713.14, 4713.28, 4713.30, 4713.31, 4713.39, 4713.41, 4713.44, 4713.48, 4713.64, 4713.69
Prior Effective Dates: 1/26/97, 1/17/02, 11/1/2013

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 is subject to the approval of the board to ensure the health and safety of licensees, boutique services registration holders, permit and certificate holders, and patrons.

Effective: 4/3/2017
Five Year Review (FYR) Dates: 01/13/2017 and 04/03/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), (A)(15), (A)(20)
Rule Amplifies: 4713.07, 4713.13, 4713.14, 4713.35, 4713.41, 4713.48, 4713.64
Prior Effective Dates: 1/26/97, 9/28/2008, 11/1/2013

4713-1-09 Animals forbidden in salons, barber shops, 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, barber shop, tanning facility, or cosmetology or barber school, or in the offices of the board.

(B) Notwithstanding the provisions of paragraph (A) of this rule, the board may grant a renewable, one-year exemption for one animal per salon, barber shop, tanning facility, or school under the following conditions:

(1) A board-approved application for an exemption is made by the owner of the salon, barber shop, school, or tanning facility;

(2) The individual filing the application is also the owner of the animal to be exempted;

(3) The individual submits a general liability or equivalent insurance policy which contains sufficient coverage for any actions taken by the animal identified in the application;

(4) The individual submits a photograph of the animal to be exempted. If the exemption is approved, the individual salon, barber shop, tanning facility, or school owner must maintain this photograph at the salon, barber shop, tanning facility, or school at all times.

(5) Any animal granted an exemption under this rule shall be kept away from the immediate area where services are being performed.

(C) 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 the immediate area where services are being performed . If a service animal is disruptive or is not trained, the salon, barber shop, facility, or school may request that the animal be removed.

Replaces: 4713-7-12

Effective: 2/21/2019
Five Year Review (FYR) Dates: 4/3/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(17), 4713.08(A)(15), 4713.08(A)(1), 4709.05(E)(6), 4709.05(E)(1)
Rule Amplifies: 4713.02, 4713.64, 4713.48, 4713.45, 4713.41
Prior Effective Dates: 01/02/1987, 10/23/1992, 01/26/1997, 04/21/2007, 09/28/2008, 11/01/2013, 04/03/2017

4713-1-10 Inspection and investigation.

(A) To better protect the general public and to ensure compliance with Chapters 4709. and 4713. of the Revised Code and the rules promulgated thereunder, the board may inspect or investigate the following:

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

(2) Any licensee, boutique services registration holder, or permit or certificate holder; or

(3) Any person acting as a licensee, boutique services registration holder, or permit or certificate holder.

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

(1) Salons, barber shops, schools, and tanning facilities shall be inspected at least once every two years.

(a) When an inspector finds violations, the inspector shall do a follow-up inspection to determine if the licensee, permit holder, or boutique services registration holder has corrected the violations.

(2) The salon, barber shop, school, or facility to be inspected shall be randomly chosen; and

(3) Assignments to inspect salons, barber shops, schools, and facilities shall be made according to the policy of the board.

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

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

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

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

(1) The board inspector 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 shall sign the report.

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

(4) A copy of the report shall be left with or electronically-mailed to the owner, manager, or the individual authorized to physically sign or electronically sign the document. Inspection reports that are electronically-mailed shall be mailed to the electronic mailing address of record.

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

(6) Should the inspector find violations committed by individuals in the facility, 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 hearing or opportunity for hearing based upon the cited violations, the board shall follow the procedure for administrative hearings as set forth in Chapter 119. of the Revised Code.

(1) Any fines or other punishment shall be as authorized in Chapters 4709. and 4713. of the Revised Code.

(2) A notice of violation shall be sent to the salon or barber shop owner or school director, as well as to the salon, barber shop, individual licensee, boutique services registration holder, permit or certificate holder, or unlicensed individual 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 Chapters 4709. and 4713. of the Revised Code for any violation of Chapters 4709. and 4713. of the Revised Code and the rules promulgated thereunder, including taking the following actions:

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

(2) To oversee any disciplinary proceedings permitted in Chapters 4709. and 4713. of the Revised Code against licensed persons, boutique services registration holders, or unlicensed individuals practicing cosmetology, a branch of cosmetology, or barbering, individuals operating a tanning facility, or continuing education or tanning operator certificate provider for failing to follow the law and rules of the board.

Replaces: 4709-7-13, part of 4709-7-11

Effective: 2/21/2019
Five Year Review (FYR) Dates: 4/3/2022
Promulgated Under: 119.03
Statutory Authority: 4709.05, 4713.08(A)(1), (A)(15), (A)(17), (A)(20)
Rule Amplifies: 4713.06, 4713.07(A)(2), 4709.05, (A)(11), 4713.13, 4713.14, 4713.35, 4713.41, 4713.44, 4713.45, 4713.48, 4713.64, 4713.641, 4713.66
Prior Effective Dates: 01/02/1987, 10/23/1992, 10/16/2000, 11/01/2013, 04/03/2017

4713-1-11 Change of status or ownership.

(A) Any person holding a license, boutique services registration, or a tanning permit issued under Chapters 4709. and 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 or boutique services registration.

(2) Students in a licensed cosmetology or barber school 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 examination application or license application.

(B) Salon, barber shop, school, tanning, and any other business facility licenses issued by the board are not transferable from one address to another or from one owner to another.

(1) A licensee that is a legal business shall report a change in ownership that does not involve a transfer of the majority ownership or a change in the business location to the board within thirty days, but is not required to obtain a new license for the business.

(2) Any licensee transferring majority ownership or the physical location of a licensed salon, barber shop, school, tanning facility, or other business licensed by the board shall apply for a new license or permit within thirty days of the change. The business that has undergone a change of ownership is permitted to open or offer services while a timely application is processed and is subject to the board's approval.

(3) A licensed salon, barber shop, school, tanning facility, or other business licensed by the board that changes its designated space within a mall, office building, nursing home, or other facility is exempted from the requirement to obtain a new license if the business meets the following:

(a) The business' physical address does not change; and

(b) The business notifies the board of the change within thirty days.

Replaces: 4709-7-07, 4709-7-10, 4709-7-14, 4713-1-11, 4713-13-01

Effective: 2/21/2019
Five Year Review (FYR) Dates: 02/21/2024
Promulgated Under: 119.03
Statutory Authority: 4709.05, 4713.08(A)(1), (A)(20)
Rule Amplifies: 4709.09(D), 4709.12, 4713.07(A)(1), 4713.14, 4713.20, 4713.41, 4713.44, 4713.48, 4713.64, 4713.69. 4745.02
Prior Effective Dates: 11/01/2013, 04/03/2017

4713-1-12 Signs.

(A) Every salon, barber shop, 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, barber shop, school, or tanning facility's application to the board. A barber shop may display a "barber pole", as described in division (G) of section 4709.01 of the Revised Code, in lieu of a sign.

(B) A cosmetology 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. A barber school shall also have the words "Barber School," "Barber College," or "Barber Academy" on its sign. A barber school may not display an actual barber pole on its premises.

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

(D) A salon, barber shop, school, or tanning facility shall display the sign or barber pole 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 exempt from the requirement and the sign shall be displayed at the entrance of the business.

(E) An independent contractor working in a salon or barber shop may have the independent contractor's name attached to the salon's or barber shop'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.

Replaces: 4709-7-06, part of 4709-3-02

Effective: 2/21/2019
Five Year Review (FYR) Dates: 11/28/2018 and 02/21/2024
Promulgated Under: 119.03
Statutory Authority: 4709.05, 4713.08
Rule Amplifies: 4709.02, 4709.13(A) ((6), 4713.08 , 4713.41, 4713.44, 4713.45, 4713.48
Prior Effective Dates: 02/15/1968, 11/19/1987, 10/23/1992, 11/16/1992, 10/16/2000, 08/09/2002, 07/20/2013, 11/01/2013

4713-1-13 State cosmetology and barber board 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/boutique services registration holders, 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 or boutique services registration with the board;

(3) The staff members working on granting licenses, boutique services registrations, or permits and renewing licenses, boutique services registrations, 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 or issued boutique services registrations by the board and individuals applying for licensure or boutique services registration with the board; and any and all confidential personal information contained in criminal records checks results for individuals applying for licensure or boutique services registration 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 or issued boutique services registrations by the board and individuals applying for licensure or boutique services registration with the board, and any and all confidential personal information contained in criminal records checks results for individuals who apply for licensure or boutique services registration 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 board's fiscal and human resources staff 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 or issued boutique services registrations 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; 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 Chapters 4709. and 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.

Replaces: 4709-11-01, 4709-11-02, 4709-11-03, 4709-11-04, 4709-11-05

Effective: 2/21/2019
Five Year Review (FYR) Dates: 4/3/2022
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 149.43, 1347.15
Prior Effective Dates: 02/08/2011, 11/01/2013, 04/03/2017

4713-1-14 Trafficking education.

(A) All licensees and students enrolled in a cosmetology or barber school shall receive training on human trafficking either while enrolled in a cosmetology or barber school or through a continuing education program. Individuals currently holding licenses issued by the board and who must complete training on human trafficking through a continuing education program shall do so in accordance with policy established by the board. Individuals who obtain licensure under section 4709.08 or 4713.34 of the Revised Code shall complete training on human trafficking prior to the next biennial renewal period for the license held.

(B) As required under section 5502.63 of the Revised Code, salons, barber shops, cosmetology and barber schools , and tanning facilities are encouraged to display posters prepared by the division of criminal justice services in the Ohio department of public safety to alert any victim of human trafficking, or persons that know victims of human trafficking, of available services.

(C) Persons applying for a boutique services registration shall receive training on human trafficking as a condition for renewing the boutique services registration.

Effective: 2/21/2019
Five Year Review (FYR) Dates: 4/3/2022
Promulgated Under: 119.03
Statutory Authority: 4743.07, 4713.09, 4713.08(A)(20), 4713.08(A)(13), 4709.05(E)(3)
Rule Amplifies: 4713.09, 5502.63, 4743.07, 4713.69, 4713.62, 4713.59, 4713.45, 4713.44
Prior Effective Dates: 11/01/2013, 03/26/2015, 04/03/2017

4713-1-15 Fines, requests for extension of payment, penalties, and interest.

(A) In accordance with division (E)(1) of section 4713.64 of the Revised Code, the board may impose a separate fine for each offense listed in division (A) of section 4713.64 of the Revised Code. Fine amounts imposed shall be in accordance with division (E)(1) of section 4713.64 of the Revised Code.

(B) All orders or consent agreements adopted as orders by the board that impose a fine shall specify that payment is due thirty days after the date the board issues the order of the board, which shall be the date of mailing of the certified copy of the board order that stipulates the fine amount. Upon the board's motion or upon written request of the violator within ten days of the the date the board issues the order of the board, the board may extend the date the fine must be paid up to ninety days after the date the order of the board was issued. Violators may request an extension from the board pursuant to this rule if they provide evidence of an unusual hardship that prevents timely payment. Unusual hardship shall include, but is not limited to, loss of income due to job loss, unforeseen illness or hospitalization, and catastrophic property loss. The determination to extend the due date of a fine payment and the number of days the payment will be extended shall be delegated to the executive director of the board, who shall prepare a monthly summary report and file such report at each regular business meeting.

(C) If a violator fails to pay a fine by the due date specified by the board's order or fails to pay a fine by the extended due date, the board will impose an addition penalty equal to ten per cent of the fine amount ordered.

(D) If the violator fails to pay a fine within ninety days after the board issues the order, the board shall add an additional fine interest amount for the period of time between the due date specified by the board and the ninety-first day after the board issues the order. The interest amount shall be based on a per annum rate prescribed in section 5703.47 of the Revised Code.

(E) If fines, penalties, and interest remain unpaid on the ninety-first day after the board issues the order, the board shall certify the total amount due to the Ohio attorney general, in compliance with division (E)(6) of section 4713.64 of the Revised Code.

Effective: 4/3/2017
Five Year Review (FYR) Dates: 04/03/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(20)
Rule Amplifies: 4713.10, 4713.64

4713-1-16 Abandonment of applications.

(A) An application for a license, permit, or registration issued by the board shall be deemed abandoned, and an applicant shall be required to submit a new application and fee, where applicable, if any of the following apply:

(1) The application remains incomplete for a period of six months from the date the applicant is notified of any deficiency;

(2) The applicant fails to pass any necessary examination(s) within twelve months from the date the applicant is initially scheduled to take the examination(s); or

(3) The applicant fails to meet any other license requirement within twelve months from the date the applicant is notified of the deficiency.

(B) All notices required under this section shall be sent to the electronic mail address of the applicant on file with the board. Notice shall be deemed complete upon transmission of the electronic mail.

Effective: 9/4/2018
Five Year Review (FYR) Dates: 09/04/2023
Promulgated Under: 119.03
Statutory Authority: 4709.05(E)(6), 4713.08(A)(20)
Rule Amplifies: 4709.07, 4709.08, 4709.09, 4709.10, 4709.11, 4709.12, 4713.10, 4713.20, 4713.21, 4713.22, 4713.24, 4713.25, 4713.28, 4713.30, 4713.31, 4713.34, 4713.37, 4713.39, 4713.41, 4713.44, 4713.48, 4713.58, 4713.60, 4713.62, 4713.63, 4713.69

4713-1-17 Fees.

The state cosmetology and barber board shall charge and collect the following fees:

(A) For a temporary pre-examination work permit under section 4713.22 of the Revised Code, seven dollars and fifty cents;

(B) For initial application to take an examination under section 4713.24 of the Revised Code, thirty-one dollars and fifty cents;

(C) 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, forty dollars;

(D) 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, thirty-one dollars and fifty cents;

(E) For the issuance of a license under section 4713.28, 4713.30, or 4713.31 of the Revised Code, forty-five dollars;

(F) For the issuance of a license under section 4713.34 of the Revised Code, seventy dollars;

(G) For renewal of a license issued under section 4713.28, 4713.30, 4713.31, or 4713.34 of the Revised Code, forty-five dollars;

(H) For the issuance or renewal of an independent contractor license under section 4713.39 of the Revised Code, the amounts set forth in rule 4713-13-02 of the Administrative Code;

(I) For the issuance or renewal of a cosmetology school license, two hundred fifty dollars;

(J) 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, seventy-five dollars;

(K) For the renewal of a salon license under section 4713.41 of the Revised Code, sixty dollars;

(L) For the issuance or renewal of a tanning permit under section 4713.48 of the Revised Code, the amounts set forth in rule 4713-19-01 of the Administrative Code;

(M) 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 forty-five dollars per license renewal period that has elapsed since the license was last issued or renewed;

(N) For placing a license issued under section 4713.28, 4713.30, or 4713.31 of the Revised Code in an inactive status each biennium, twenty-five dollars;

(O) For the issuance of a duplicate of any license, twenty dollars;

(P) For the preparation and mailing of a licensee's records to another state for a reciprocity license, fifty dollars;

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

(R) For applications, licenses, and other fees charged and collected under Chapter 4709. of the Revised Code, the amounts set forth in section 4709.12 of the Revised Code, with the exception of division (A)(5) of that section. For division (A)(5) of section 4709.12 of the Revised Code, the board shall charge and collect one hundred fifty dollars, and seventy-five dollars for each lapsed year, provided that the total fee shall not exceed six hundred ninety dollars, for the restoration of an expired barber license.

Effective: 9/4/2018
Five Year Review (FYR) Dates: 09/04/2023
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(20), 4713.08(A)(18)(a)(i), 4713.10, 4713.39, 4709.12 Rule Amplifies: 4713.08(A)(18)(a)(i), 4713.10, 4713.39, 4713.48, 4713.61, 4709.12