Chapter 4713-21 Continuing Education

4713-21-01 [Rescinded] Purposes.

Effective: 8/26/2016
Five Year Review (FYR) Dates: 06/03/2016
Promulgated Under: 119.03
Statutory Authority: 4713.08, 4713.09
Rule Amplifies: 4713.59, 4713.60, 4713.61, 4713.62
Prior Effective Dates: 6/15/95, 1/26/97, 6/21/2011, 11/01/2013

4713-21-02 Definitions.

As used in Chapter 4713.21 of the Administrative Code:

(A) " Renewal licensing period" means the two-year period beginning on the first day of February of each odd-numbered year and ending on the last day of January of the next odd-numbered year;

(B) " Provider" means a nonprofit professional association, college or university, career technical school, postsecondary proprietary school of cosmetology licensed by the board, manufacturer of supplies or equipment used in the practice of cosmetology, the state board, an agent of the board, or any individual or entity that can present to the board sufficient proof of knowledge or expertise in the course curriculum being offered. Any individual or entity not meeting this definition may petition the board for review and approval from the board in order to be considered a " provider." For purposes of this chapter, provider means a person that is offering or seeking to offer a continuing education or a remedial education course to licensees.

(C) "Continuing education audit" means the process by which a percentage of all personal licenses are randomly selected by the state license renewal system as a participant during the current renewal period. Selected licensees will be required to submit copies of the applicable amount of CE course completion certificates indicating the course completion date on or before the end of the current renewal period, notification of said requirement, and a date by which all documents must be received at the board office, in order to avoid possible action against the license.

(D) "Continuing Education" may be referred to as "CE."

Effective: 11/01/2013
R.C. 119.032 review dates: 06/21/2016
Promulgated Under: 119.03
Statutory Authority: 4713.08, 4713.09
Rule Amplifies: 4713.59, 4713.60, 4713.61, 4713.62
Prior Effective Dates: 6/15/95. 1/26/97, 6/21/2011

4713-21-03 Continuing education requirements.

(A) Licensees or boutique services registration holder shall be exempt from all continuing education requirements until the renewal licensing period commencing after their initial licensure.

(B) Each individual seeking to renew an active license to practice a branch of cosmetology, advanced license, instructor license, or boutique services registration shall complete the number of hours of continuing education specified in this paragraph for each biennial licensing period. Continuing education shall be completed on or before the fifteenth of January of every odd numbered year.

(1) A licensee shall complete continuing education in the following manner:

(a) An individual that holds a license to practice a branch of cosmetology, advanced license, or instructor license shall complete the following hours of continuing education for each license held:

(i) One hour of continuing education concerning updates of Ohio laws or rules regulating the practice of cosmetology;

(ii) Two hours of continuing education concerning safety and sanitation; and

(iii) Five hours of continuing education concerning subject matter relating to the scope of services for each license held by the individual.

(b) Continuing education hours completed to meet the requirements of paragraphs (B)(1)(a)(i) and (B)(1)(a)(ii) of this rule may be used to meet the continuing education requirements for other licenses the individual seeks to renew under division (B) of this rule and need not be repeated for each license.

(2) An individual seeking to renew a boutique services registration shall complete continuing education in the following manner:

(a) One hour of continuing education concerning updates of Ohio laws or rules regulating the practice of cosmetology; and

(b) Four hours of continuing education concerning safety and sanitation.

(3) Continuing education hours shall be obtained from board approved continuing education providers. The Board shall maintain a listing of all approved continuing education providers on the agency's website.

(4) The board, at its discretion, may establish guidelines for continuing education content requirements per renewal cycle and shall communicate those requirements to all licensees.

(C) An individual shall not receive continuing education credit for the following:

(1) Continuing education courses the individual takes before receiving a license from the board, or

(2) Continuing education not approved by the board at the time the individual takes the course, or

(3) Continuing education hours earned in a prior biennial renewal cycle.

(4) Corrective action courses as set forth in rule 4713-8-10 of the Administrative Code and assigned as part of or instead of any penalty imposed under section 4713.64 of the Revised Code for a violation of the board's laws or rules.

(D) To enable the board to audit whether a continuing education course complies with the rules of this chapter, a provider shall do the following:

(1) Allow any and all official representatives and employees of the board entrance into any board-approved continuing education course, at no cost to the board.

(2) Provide free entry and passwords into an on-line or internet course site for all official representatives and employees of the board.

(E) Current licensees shall be able to receive continuing education credit for classes completed in a school of cosmetology.

(F) Licensees age sixty-five or older, before January thirty-first of a renewal period, are exempt from the requirement to obtain continuing education hours for the renewal of their active license.

Effective: 12/5/2016
Five Year Review (FYR) Dates: 06/03/2016 and 12/05/2021
Promulgated Under: 119.03
Statutory Authority: 4713.09
Rule Amplifies: 4713.59, 4713.60, 4713.62
Prior Effective Dates: 6/15/95, 1/26/97, 4/01/01, 1/10/04, 5/1/04, 6/21/2011, 11/01/2013

4713-21-04 License and boutique services registration renewal procedures.

(A) Each individual shall file a renewal application on or before January thirty-first of every odd numbered year for each license the individual intends to renew. The renewal application may be paper or electronic as the board deems appropriate and the licensee shall update information as required by the board, answer any compliance questions, verify the continuing education hours of each continuing education course taken during the biennial licensing period for the license(s) being renewed, and file a non-refundable renewal fee. .

(B) Each individual holding a boutique services registration seeking renewal of the registration shall file a renewal application on or before January thirty-first of every odd numbered year. The renewal application may be paper or electronic as the board deems appropriate and the boutique services registration holder shall update information as required by the board, answer any compliance questions, and verify the continuing education hours completed during the biennial licensing period.

(C) The board may audit the documentation to verify actual completion of continuing education courses. The licensee, upon request, shall provide satisfactory proof of completion of any applicable continuing education requirement or submit documentation to verify that a waiver or extension was received pursuant to division (C) of section 4713.60 of the Revised Code prior to the renewal of the license.

(D) This provision does not apply to an active military service member or spouse of an active military service member that was prevented from renewing a lapsed or inactive license due to active duty military service. If active duty military service applies, the board will extend the filing deadline for a period of time equal to the number of days in active duty military service.

(E) A licensee who does not have their license renewed pursuant to section 4713.63 of the Revised Code on or before January thirty-first of every odd numbered year shall have their license status changed to "expired" in accordance with section 4713.57 of the Revised Code.

(F) An expired practicing license, advanced practice license, or instructor license may be restored to active status by meeting the following requirements:

(1) Filing a paper or electronic renewal application in accordance with paragraph (A) of this rule;

(2) Completing the required continuing education in accordance with rule 4713-21-03 of the Administrative Code for each renewal period that has elapsed since the license was last issued or renewed, up to a maximum of twenty-four hours of continuing education; and

(3) Filing the following non-refundable fees: a current license renewal fee of forty-five dollars, and a lapsed license fee in the amount of forty-five dollars for each renewal period that has elapsed since the license was last issued or renewed.

Effective: 12/5/2016
Five Year Review (FYR) Dates: 06/03/2016 and 12/05/2021
Promulgated Under: 119.03
Statutory Authority: 4713.59, 4713.60, 4713.61
Rule Amplifies: 4713.59, 4713.60, 4713.61
Prior Effective Dates: 6/15/95, 1/26/97, 6/21/2011, 11/1/13, 3/26/2015

4713-21-05 Continuing education extension program.

(A) The licensee, upon receiving an extension from the board to complete the required continuing education, shall complete and satisfactorily prove completion of any required continuing education by submitting such proof of completion to the board office by a date specified by the board.

(B) At the time of filing an application for license renewal, a request to waive the CE requirements may be filed. The board may grant a waiver if the applicant documents any of the following:

(1) The applicant is an active duty military service member or the spouse of an active duty service member serving outside of Ohio. Applicants for renewal of a license presenting a copy of military service orders for self or a spouse may be eligible for the following:

(a) Waiver of all CE required if on active duty military service and active duty service time exceed more than one half of the renewal period for the license type held.

(b) Extension of due date for completion of required CE, if on active duty military service for periods of time less than one half of the renewal period for the license type held. In these cases, the board shall extend the CE completion due date for a period of time equal the time spent in active duty military service.

(2) An emergency that prevents a licensee from completing the required continuing education within the renewal period established by law. Extension time will be granted on a case-by-case basis taking into account the circumstances that led to the emergency and the reasonable time needed to complete the continuing education requirements;

(3) An unusual or prolonged illness.

Replaces: 4713-21-05

Effective: 3/26/2015
Five Year Review (FYR) Dates: 03/26/2020
Promulgated Under: 119.03
Statutory Authority: 4713.08 , 4713.09
Rule Amplifies: 4713.59, 4713.60, 4713.61
Prior Effective Dates: 6/15/95, 1/26/97, 6/21/2011, 11/1/13

4713-21-06 Applying for inactive licensure status and temporary work permit.

(A) A licensee may apply to the board to have a practicing license, advanced practice license, or instructor license classified inactive pursuant to section 4713.61 of the Revised Code.

(B) When placing a license in an inactive status, a licensee shall pay the biennial renewal fee required under division (A)(7) of section 4713.10 of the Revised Code, and section 4713.11 of the Revised Code, if applicable.

(C) A license placed inactive is not permitted to be restored to active status until the later of the following:

(1) The date the person holding the inactive license submits proof of completing the continuing education requirements for the license held pursuant to rule 4713-21-03 of the Administrative Code for each renewal period that elapsed since the license was initially classified inactive, up to a maximum of twenty-four hours of continuing education.

(2) The last day of January of the next odd-numbered year following the year the person had their license classified as inactive.

(D) A licensee who would like to have an inactive license restored to active status shall complete a license renewal application, submit proof of completing any continuing education hours required for each renewal period that elapsed since the license was initially classified inactive, up to a maximum of twenty-four hours of continuing education, and filing a license renewal fee of forty-five dollars.

(E) An individual who is ineligible to restore their inactive license to active status, but who desires to practice cosmetology or a branch of cosmetology under the license classified as inactive during the period the license is classified as inactive may apply for a temporary work permit on the electronic or paper application adopted by the board. A temporary work permit shall be valid until the last day of January of the next odd-numbered year. Upon the expiration of the temporary work permit, an individual shall restore their practicing license, advanced practice license, or instructor license in accordance with division (D) of this rule. If an individual does not restore their practicing license, advanced practice license, or instructor license following the issuance of a temporary work permit the license status shall be changed to "expired."

Effective: 12/5/2016
Five Year Review (FYR) Dates: 06/03/2016 and 12/05/2021
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(18)(a)(ii)
Rule Amplifies: 4713.61
Prior Effective Dates: 6/15/95, 1/26/97, 4/1/01, 6/21/2011, 11/01/2013

4713-21-07 Continuing education requirement notification procedures.

The board shall inform each affected licensee of the continuing education requirement that applies to the next renewal period through a posting of the requirement on the official board website.

Effective: 11/01/2013
R.C. 119.032 review dates: 06/21/2016
Promulgated Under: 119.03
Statutory Authority: 4713.08, 4713.09
Rule Amplifies: 4713.59
Prior Effective Dates: 6/15/95, 1/26/97, 6/21/2011

4713-21-08 Application criteria and procedures for continuing education course approval.

(A) A provider seeking approval to offer a continuing education course to board licensees in the form of seminars, demonstrations, workshops, or other venues in which the licensee's personal attendance is required shall comply with the following:

(1) The course and instructions shall be designed to further professionally educate board licensees in the services the licensee provide to their clients;

(a) The course shall be designed to improve the services available to the consumers of cosmetology services in Ohio.

(b) The course shall be designed to improve the skill and knowledge of the licensees;

(i) A skills course shall update licensees on practices, equipment and/or technique changes in the profession;

(ii) All courses shall contain information about infection control as set forth in Chapter 4713-15 of the Administrative Code;

(iii) To improve the licensee's knowledge, a portion of or the entire course may be devoted to the board's laws and rules, and

(iv) All or part of a course may contain information about human trafficking, how to recognize it and what to do if it is found.

(2) The provider shall submit the application with a one-hundred dollar, non-refundable processing fee for each course the provider would like to offer to Ohio licensees;

(3) The completed application, including a full description of the course outline and copies of credentials to support the qualifications of each educator and person developing the course, shall be received at the board office no less than thirty days prior to the anticipated date of the course offering;

(4) Any portion of a course that is devoted to a break, including breakfast, lunch, dinner, snacks, or other refreshments, or any portion that is devoted to the check-in process, course evaluation completion, disseminating completion certificates, or the hard sell of products, shall not be credited toward the continuing education hours given to each licensee in attendance;

(5) No continuing education course provider or educator shall certify the attendance of a person who was not physically present for at least ninety per cent of the course;

(6) All licensees and registrants who successfully complete a continuing education course shall be provided with a certificate of completion by the provider of the continuing education course that includes the provider's name, CE course approval number, the course title, course number, the licensee's or registrant's name and license number, the date the course was completed, and the total number of hours successfully completed in each subject covered by the continuing education course;

(7) Assigned course numbers shall not be published on or within any advertisements, websites, on-line testing sites, etc. Assigned course numbers shall only be provided to a licensee upon completion of the approved course, and

(8) Any application which fails to meet the requirements of this rule may be denied approval.

(B) A provider seeking approval to offer a continuing education course to board licensees through the internet shall comply with the following:

(1) The course and instructions shall be designed to further professionally educate board licensees in the services the licensee provide to their clients;

(a) The course shall be designed to improve the services available to the consumers of cosmetology services in Ohio.

(b) The course shall be designed to improve the skill and knowledge of the licensees;

(i) A skills course shall update licensees on practices, equipment and/or technique changes in the profession;

(ii) All courses shall contain information about infection control as set forth in Chapter 4713-15 of the Administrative Code;

(iii) To improve the licensee's knowledge, a portion of or the entire course may be devoted to the board's laws and rules, and

(iv) All or part of a course may contain information about human trafficking, how to recognize it and what to do if it is found.

(2) The application shall be submitted with a two-hundred fifty dollar, non-refundable processing fee per course;

(3) The completed application,including a full description of the course outline and copies of credentials to support the qualifications of each educator and person developing the course, shall be received at the board office no less than forty-five days prior to the anticipated date of the course offering;

(4) Any portion of a course that is devoted to log-in procedures, course evaluation completion or supplying any information other than directly related to the subject matter of the continuing education course shall not be considered part of the required hours.

(5) Assigned course numbers shall not be published on or within any advertisements websites, on-line testing sties, etc. Assigned course numbers shall only be provided to a licensee upon completion of the approved course;

(6) Question with correct answers shall not be published or otherwise publicly distributed or made available to those who may take or consider taking the internet course.

(7) All licensees and registrants who successfully complete a continuing education course shall be provided with a certificate of completion by the provider of the continuing education course that includes the provider's name, CE course approval number, the course title, course number, the licensee's or registrant's name and license number, the date the course was completed, and the total number of hours successfully completed in each subject covered by the continuing education course;

(8) An on-line course shall include the following:

(a) With the exception of an on-line presentation that consists of a video, digital, web or live on-line presentations, each hour segment of course material randomly changes;

(b) A bank of randomized questions with five different versions of each question scrambled so that the test questions are not predictable;

(c) A means of timing the course to subtract the time when the test-taker has logged off the program and to ensure the hours credited equal the hours taken;

(d) Six multiple choice questions embedded in each hour segment. For the test-taker to move to the next hour segment, the test-taker shall correctly answer a minimum of seventy-five per cent of the questions;

(e) Clear wording stating that a licensee shall not receive continuing education credit for the course unless the licensee's total score on all questions is at least seventy-five percent or better;

(f) A minimum of six thousand word discussion of the subject matter covered in each hour segment of the material.

(g) If the on-line presentation is a video, digital, web or live on-line presentation consisting of information cosmetology professional can use, in which case, at the discretion of the board, each hour of the presentation shall be considered the equivalent of the six thousand word discussion.

(i) A provider, seeking board approval for a video, digital, web or live on-line course shall submit to the board a description of the course, a detailed outline of the course and either the script or the storyboard for the course. The provider shall send the above information to the board at least forty-five days before the course is to be available to Ohio licensed cosmetology professional.

(ii) The provider of a video, digital web or live on-line presentation shall follow the requirement for testing the licensees on the course material as set forth in this paragraph, except the questions shall be at the end of each hour segment. The student shall receive a score of seventy-five per cent on all of the questions asked before the licensee may proceed with the next segment of the course.

(iii) The board shall monitor the course to ensure that the actual course is consistent with the material submitted to the board.

(9) The provider shall notify a licensee if the score received is less than seventy-five per cent, and

(10) Any application which fails to meet the requirements of this rule may be denied approval.

(C) Providers seeking approval to offer a continuing education course to board licensees through a correspondence program shall comply with the following:

(1) The course and instructions shall be designed to further professionally educate board licensees in the services the licensees provide to their clients;

(a) The course shall be designed to improve the services available to the consumers of cosmetology services in Ohio;

(b) The course shall be designed to improve the skills and knowledge of the licensees;

(i) A skills course shall update licensees on practices, equipment and/or technique changes in the profession;

(ii) All courses shall contain information about infection control as set forth in Chapter 4713-15 of the Administrative Code;

(iii) To improve the licensee's knowledge, a portion of or the entire course may be devoted to the board's laws and rules, and

(iv) All or part of a course may contain information about human trafficking, how to recognize it and what to do if it is found.

(2) The application shall be submitted with a two-hundred fifty dollar, non-refundable processing fee per course;

(3) The completed application shall be received at the board at least forty-five days prior to the date that the provider plans to offer the correspondence course to licensees in Ohio. Along with identification and other information as specified by the board, the complete application shall include the following information: a complete copy of the proposed catalogue course, copies of the credentials of each author of each segment of the course and the credentials of the person developing the course;

(4) Assigned course numbers shall not be published on or within any advertisements, websites, on-line testing sties, etc. Assigned course numbers shall only be provided to a licensee upon the successful completion of the approved course;

(5) All licensees and registrants who successfully complete a continuing education course shall be provided with a certificate of completion by the provider of the continuing education course that includes the provider's name, the CE course approval number, the course title, the licensee's or registrant's name and license number, the date the course was completed, and the total number of hours successfully completed in each subject covered by the continuing education course;

(6) A correspondence course shall include the following:

(a) Information segments presented in different order;

(b) Randomized questions so that the test questions are not the same in each correspondence course sent to licensee;

(c) A minimum of six thousand word discussion of the subject matter covered in each hour segment of the material;

(d) No less than six randomly selected multiple choice questions following each hours segment of material;

(e) The course shall contain at least five versions with identifiers known only to the provider and to the board;

(f) Each of the five or more versions shall contain test questions unique to each segment of the book;

(g) Each book shall have a unique identification number so that only one individual may answer the questions for continuing education credit;

(h) The course shall clearly state that a licensee shall not receive continuing education credit for the course unless the licensee's total score on all questions is at least seventy-five per cent or better;

(i) The course shall allow the licensee to answer by mailing, phoning in, or scanning the answers and e-mailing them in.

(j) A provider may make available an answer sheet on-line for submission, but the questions shall not be included. The provider shall request the identification number of each book be either called in with the test results or place don the test results. A provider shall not credit an individual who has used an identification number that has been previously used for that course.

(7) The provider shall notify licensees if the score received is less than seventy-five per cent, and

(8) Any application that fails to meet the requirements of this rule may be denied approval.

Replaces: 4713-21-08

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08, 4713.09, 4713.39
Rule Amplifies: 4713.39, 4713.59, 4713.62, 4743.07
Prior Effective Dates: 6/15/95, 1/26/97, 4/1/01, 1/10/04, 6/21/2011

4713-21-09 Criteria for continuing education: courses, course instructors and eligible offering entities to be: approved, denied approval, withdrawn, revoked or suspended.

(A) Programs shall not be approved by the board in segments of less than one hour.

(B) Board-approved courses offered to instructor licensees shall only consist of topics that directly relate to the principles of teaching.

(C) A provider shall maintain for four years a record of attendance of each person attending an offering. The record shall include the following information:

(1) Board-issued CE course number;

(2) Complete name and board-issued license identification number of attendee;

(3) Course offering, title, and description;

(4) Hours of continuing education credit;

(5) Date of course offering;

(6) Name, address, and signature of course instructor or other authorized representative of the provider;

(7) Score attained on course test (for internet or correspondence courses only); and

(8) A certificate from the provider shall certify the items enumerated above and furnish a copy to the attendee immediately upon the licensee's completion of the course offering.

(D) Course offerings by persons whose principal residence or place of business is not located in the state of Ohio or course offerings by foreign corporations as defined by section 1703.01 of the Revised Code shall be approved if they comply with the requirements contained in this chapter. A licensee or boutique services registration holder may receive CE credit for a course offered out of state if the board approves the course in advance of taking the course.

(E) A licensee or boutique services registration holder who attends a CE course in person shall receive CE credit for the course.

(F) Each provider shall notify the board, at least fifteen days in advance, of the addition of an offering date for an approved course. The provider shall also notify the board, at least fifteen days in advance, of all course changes including locations, times, changes in course content, or changes of course instructors, except when an emergency has occurred closer to the date of the approved course, making it necessary to change the location of the CE. The notice shall be submitted to the board office in a specified electronic format as set forth by the board in the provider application.

(G) Each provider shall submit to the board, within ten calendar days after completion of each course offering, a list of licensees or boutique services registration holders who successfully completed the course. The list must be submitted to the board office in a specified electronic format set forth by the board in the provider application.

(H) The board may suspend, revoke, or deny the approval of an instructor or provider that fails to comply with any provisions of this chapter.

(1) Written notice of the suspension, denial, or revocation shall be given stating the reason,

(2) Any provider that has had its application for a course or application to be an Ohio provider of continuing education denied or had the privilege of offering CE courses in Ohio revoked or suspended may request a hearing pursuant to Chapter 119. of the Revised Code.

(3) Until the board has issued its final order as a result of any denial of approval and the appeal time from the order has passed, that has been suspended or revoked or whose course offering was denied shall not offer a course and advertise the course to licensees as approved for CE credit.

Effective: 12/5/2016
Five Year Review (FYR) Dates: 07/01/2021
Promulgated Under: 119.03
Statutory Authority: 4713.08, 4713.09
Rule Amplifies: 4713.59, 4713.62, 4743.07
Prior Effective Dates: 6/15/95, 1/26/97, 4/1/01, 1/10/04, 6/21/2011, 11/1/2013