4713-3-05 Signs and advertisements.

(A) The following sign requirements shall be met:

(1) The entrances to rooms shall be suitably marked with a sign reading "Practice room" and "Clinic" or words to that effect.

(2) Every school shall maintain a sign using at least three inch tall letters, at the entrance to the school, which reads "School of Cosmetology" or words to that effect. If a school offers only a limited branch(es) of cosmetology the sign shall include, in the same size letters, the words "Nails Only", "Esthetics only", "Hair Design only" or "Natural Hair Styling only" or the appropriate words to that effect

(3) Every school shall have a sign clearly visible in the clinic and at the main entrance, which reads "All Services Performed By Students" or words to that effect.

(4) Every school shall prominently display a sign in the room used for instructional purposes, which reads "Student Work Only" or words to that effect.

(5) The "Board's" sanitary rules shall be posted in all clinics and classrooms.

(B) The following advertising requirements shall be met:

(1) School advertisements shall not contain statements calculated to represent the services performed in the school clinic as comparable, in quality, to professional services available in licensed beauty salons.

(2) New schools shall not advertise in the media until preliminary approval of their application is complete including all items of the opening school package except names of instructors and final building occupancy. Preliminary approval will not be granted more than sixty days prior to expected construction completion date assuming Board staff is convinced that that date is realistic. "Opening soon" signs and all advertisements prior to issuance of a license shall include the statement: "No students shall enroll or sign a contract until the school's license has been approved."

(3) Clinic service advertisements must clearly reflect that "all services are performed by students" or words to that effect.

(4) Upon the request of the "Board", a school must promptly furnish the "Board" with a copy of any advertisement or solicitation.

(5) No cosmetology program shall be established, offered, or given for a charge, fee, or other contribution; no certificate, diploma, degree, or other written evidence of proficiency or achievement shall be offered whether in a specified place, by correspondence, or any other means of communication, or awarded; and no student enrollment solicited in any cosmetology program through advertising, agents, mail circulars, or other means, until the person planning to offer or offering such programs has obtained a school license per section 4713.44 of the Revised Code.

(6) Any advertisement or piece of promotional literature written or used by a school holding a license with the board must carry the name and address as listed on its license.

(7) No school or its agents shall advertise or imply that the school is "recommended" or "endorsed" by the board. If reference is made to the license issued by the board, this official reference shall only read, " Licensed by the Ohio State Board of Cosmetology." All schools advertising that they are accredited or offer grants from the United States department of education (USDOE) shall follow the accrediting agency and/or USDOE laws and rules as to advertisements.

(8) Any advertisement or piece of promotional literature written or used by a private school including photographs, cuts, engravings, or illustrations in bulletins, sales literature, or otherwise must be completely truthful and must be prepared and presented in such a manner as to avoid leaving any false or misleading impressions with respect to the school, its personnel, its courses and services, or the occupational opportunities for its graduates.

(9) Career technical schools may advertise to the students of its school or its feeder schools per Ohio department of education rules and regulations.

(10) A guarantee of graduation for students or of placement for graduates shall not be promised or implied by any school, agent, or representative thereof. No school in its advertising or through its representatives or agents shall guarantee or imply the guarantee of employment before enrollment, during the pursuance of the course, or after the course is completed. No school shall guarantee any certain wage, or imply earnings greater than can be documented.

(11) No owner, partner, officer, employee, agent, or other person acting on behalf of any school shall make any fraudulent statement, misrepresentation, or misleading statement of fact.

(12) Private schools using classified columns of newspapers or other publications to procure students must use only such as are headed by "education," "schools," "instruction." "Help wanted," "employment," or "business opportunities," classifications may be used only to procure employees or agents for the school.

(13) All schools that advertise that they are endorsed by any business establishment, manufacturer, organization or individual engaged in the cosmetology field shall maintain written evidence of that fact on site at the school dated prior to any advertisements.

(14) Schools shall not solicit any student who is currently enrolled in another Ohio licensed cosmetology school.

R.C. 119.032 review dates: 08/18/2010 and 08/18/2015
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44, 4713.45
Prior Effective Dates: 5/7/04, 5/1/09