Chapter 4713-13 Beauty and Nail Salon Licensing

4713-13-01 Change of ownership.

(A) Salon facility licenses are not transferable from one address to another or from one owner to another.

(B) The purchaser of a salon shall obtain a new license for the salon as set forth in paragraph (C) of rule 4713-1-11 of the Administrative Code.

(1) A salon that changes its designated space within a mall, office building, nursing home, or other facility is excepted from the requirements to obtain a new license if the salon meets the following requirements:

(a) The salon's physical address does not change, and

(b) The salon notifies the board of its change in location within thirty days of the change,

(c) If the salon's physical address changes, the salon shall follow the procedure for obtaining a new license as set forth in paragraph (C) of rule 4713-1-11 of the Administrative Code.

(2) As set forth in rule 4713-1-11 of the Administrative Code, a new salon license application must be filed within thirty days of any change of ownership.

(3) A salon is permitted to open or offer services while the application is processed and is subject to the board's approval under the rules contained in Chapter 4713-11 of the Administrative Code.

Replaces: 4713-13-01

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.41
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 7/1/00

4713-13-02 Independent contractor.

(A) Independent contractors will receive independent contractor licenses that meet the following criteria:

(1) Addressed to the licensee's home address;

(2) The license held by an independent contractor will be a different color from other salon licenses;

(3) The license indicates that it authorizes the individual to work in any board licensed salon that includes the individual's branch of cosmetology.

(B) Requirements for independent contractors

(1) An applicant for an independent contractor's license shall have an active manager's license for the branch of cosmetology in which the applicant practices.

(2) Once licensed, an independent contractor shall have an agreement with the owner of a salon in which the independent contractor practices a branch of cosmetology.

(a) The agreement shall state the following information:

(i) The independent contractor controls the hours and conditions of work of the independent contractor and any employees of the contractor, consistent with all applicable laws, regulations and rules;

(ii) The independent contractor is responsible for paying the federal, state, local or other taxation that is appropriate for the independent contractor and any employees of the contractor;

(iii) The independent contractor is responsible for paying for workers' compensation insurance or, in the alternative for an individual practicing as an independent contractor, insurance to cover any injury or other liability that may occur while working in the salon. The independent contractor' insurance shall cover the independent contractor and any employees of the independent contractor;

(iv) The independent contractor is responsible for the payment of health insurance, if health insurance is provided;

(v) The independent contractor provides the equipment and supplies except for the fixtures, furnishings and permanent equipment, and

(vi) The agreement shall state the method of payment to the independent contractor or the method of payment by the independent contractor to the salon owner.

(b) The board shall provide a form agreement that a salon owner and an individual shall use to satisfy the requirements of this rule. The salon owner and the independent contractor may enter into a different agreement if all of the requirements of this section are satisfied.

(c) Independent contractor agreements entered into before the effective date of this rule shall be considered to be valid, independent contractor agreements, even if the contract does not meet all the requirements of this rule.

(d) The salon owner and the individual shall complete the form. Both shall sign and date the agreement.

(e) The individual acting as an independent contractor shall maintain a copy of the agreement.

(f) The owner shall maintain a copy of the agreement with the other documents required by the board.

(g) The owner or the independent consultant shall produce document within half an hour of the request if a board inspector or investigator asks to see the agreement as part of an inspection or investigation.

(3) The independent contractor license must be posted at all times with the independent contractor's cosmetology or branch of cosmetology license in the salon where the independent contractor is working. If the independent contractor practices a branch of cosmetology at more than one salon, the individual shall carry the license to each work station and shall post the license at the station while working.

(C) Where a license for an independent contractor has been issued, the board shall hold the individual independent contractor and the salon owner responsible for compliance with all cosmetology statutes and rules as follows:

(1) The salon owner is responsible for all common areas;

(2) Independent contractors are equally responsible for common areas when present, and

(3) Where the salon has individual locked work areas or salons, each independent contractor having the authority to use the individual work area or salon shall be available or shall have an authorized representative be available to open the locked work area or salon within an hour of the arrival or a board inspector or investigator for an inspection or investigation.

(D) An independent contractor's license is a mobile license, following the contractor to a location. For that reason, should an independent contractor's location change, the independent contractor shall retain the same license, but shall follow paragraph (B) of this rule.

Replaces: 4713-13-02

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: 4713.01 , 4713.39 , 4713.41
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 4/1/00, 1/10/04, 9/28/08

4713-13-03 Necessity of managers.

(A) A licensee with an active manager license shall be present in a salon at all times in which a salon is open except that a manager may be absent from a salon for a period of sixty minutes two times a day so long as the manager is readily accessible by phone, or the equivalent, and can return to the salon within thirty minutes. A manager must return to the salon when requested by a board inspector, when requested by an employee, and whenever any situation arises which may affect any person's safety.

(B) A business establishment that is engaged primarily in retail sales but is also licensed as a salon shall have a person holding a current, valid managing license for that type of salon in charge of and in immediate supervision of the cosmetology services during active, posted or advertised service hours.

(C) A primarily retail salon is defined as one that has at least fifty per cent of square footage devoted to retail sales and which is open for salon services at least seventy-five per cent of the hours the retail facility is open.

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
Rule Amplifies: 4713.01 , 4713.30 , 4713.41
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 5/1/04

4713-13-04 Licenses must be conspicuously displayed.

(A) All individuals practicing any branch of cosmetology must conspicuously display a current board license with a recent, not more than five years old, approved photograph for inspection by authorized agents of the board.

(B) Each salon owner shall hire only individuals licensed by the board to perform cosmetology services and shall require that all persons employed to perform cosmetology services maintain a current, valid Ohio license appropriate for the branch of cosmetology the licensee practices.

(C) Salon owners who employ persons holding a temporary work permit, shall ensure that the work permit holder has a current, valid, work permit and that the work permit is conspicuously displayed.

(D) All licensees from any Ohio professional regulatory board are eligible to work in salons in keeping with the laws and rules of their governing boards as set forth in rules 4713-11-10 and 4713-11-12 of the Administrative Code.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.01 , 4713.39 , 4713.41
Prior Effective Dates: 9/5/77, 1/18/85, 12/17/89, 2/24/91, 1/26/97, 4/1/00

4713-13-05 [Rescinded] Inspection of salons.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.41
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 4/1/00

4713-13-06 [Rescinded] Licensee list.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.41
Prior Effective Dates: 4/1/00

4713-13-07 Employee/employer infection control responsibility.

(A) All licensees in a salon and the salon owner shall maintain infection control. All licensees shall be responsible, along with salon owners, for maintaining infection control standards and safety standards of an individual station area assigned to a licensee and/or a station being used by the licensee.

(B) The board shall hold the individual licensee and the salon owner responsible for the compliance with all cosmetology statutes and rules as follows:

(1) Salon owner is responsible for all common areas; and

(2) Licensees are responsible for the area in which they are delivering services and any being used when inspection occurs.

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.41

4713-13-08 Salon/employee written agreement.

(A) A salon shall have a written agreement with all employees, stating, at a minimum, the following information:

(1) Which party controls the hours and conditions of work;

(2) Which party is responsible for paying the federal, state, local or other taxation;

(3) Which party is responsible for paying for workers' compensation insurance or, in the alternative for an individual practicing as an independent contractor, insurance to cover any injury or other liability that may occur while working in the salon;

(4) Which party is responsible for the payment of health insurance, if health insurance is provided;

(5) Which party provides the equipment and supplies, and

(6) What will the method of payment be, hourly or weekly or monthly or by the job or straight commission or will the owner of the salon allow the individual to collect payment for each service performed and accept payment for the space used by the individual in exchange.

(B) The board shall prepare a general agreement that all salons and all employees of salons may use.

(C) If a salon has an agreement in place for its employees, it may continue to use that agreement, but shall add the above information either to the agreement or use the board's form when the salon renews the agreement between itself and each employee.

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

4713-13-09 Retailing of items in salons.

Salons, salon owners and operators of salons may retail any legal merchandise in the salon as long as the salon follows the applicable local, state and federal laws for the sales of said merchandise, and as long as the sale of the merchandise is not in violation of any of the board's laws or rules.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.41
Prior Effective Dates: 4/1/01

4713-13-10 Demonstrations at trade shows and other events.

A licensed cosmetology professional may perform services on a member of the public or on a professional model at trade shows or other public events.

Replaces: 4713-13-10

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.01 , 4713.41
Prior Effective Dates: 4/1/01

4713-13-11 Other business co-located in a licensed facility. [Rescinded].

Rescinded eff 9-28-08

4713-13-12 [Rescinded] Special services certification.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.02 , 4713.07 , 4713.14 , 4713.18, 4713.28 , 4713.35 , 4713.39 , 4713.64
Prior Effective Dates: 4/1/01, 2/1/05