Lawriter - OAC - 4713-3-05 Signs and advertisements.

4713-3-05 Signs and advertisements.

(A) The following sign requirements shall be met:

(1) Every school shall have a sign at the entrance of the school as set forth in rule 4713-1-12 of the Administrative Code.

(2) In addition to the sign at the entrance of the school as mandated in paragraph (A) of this rule, every school shall have at least one sign that reads "All Services Performed By Students." The sign shall be placed in a location that is clearly visible in the clinic and near the main entrance of the school.

(3) The board's infection control rules shall be posted in all clinics and classrooms.

(B) The following advertising requirements shall be met:

(1) School advertisements shall advertise that only students perform services in the clinic and may say that the students are supervised;

(2) No one representing or owning a new school shall advertise for students to enroll until the board has granted preliminary approval of the school's application for a license to operate a school in Ohio.

(a) After receiving preliminary approval of an application, a new school may only advertise that it will open within a certain time period in a certain location.

(b) "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."

(c) All advertising shall describe the program(s) to be taught in the school and shall not describe program(s) for which the school is not seeking to be licensed to teach.

(d) Until the new school is issued a license, the school shall not advertise that it is open for instruction or enrolling students.

(3) Upon the request of the board, a school must promptly furnish the board with a copy of any advertisement or solicitation.

(4) A school shall not offer courses, establish itself as a cosmetology or barber school , or award any degrees, diplomas, or clock hours until the person planning to offer the programs has obtained a license from the board.

(5) A school shall not award or give a degree or any other evidence, written or oral, of proficiency or achievement unless the student has fulfilled the requirements and has shown sufficient proficiency in the subject matter to be eligible to apply for licensure.

(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, the official reference shall only read, "Licensed by The Ohio State Cosmetology and Barber Board." 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, electronic messaging or piece of promotional literature written or used by a private school 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) 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 of its former students will be greater than can be documented.

(10) All schools that advertise that they are endorsed by any business establishment, manufacturer, organization or individual engaged in the cosmetology or barbering field shall maintain written evidence of that fact on site at the school with a date on the endorsement showing the endorsement was made before the advertisement.

Replaces: 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, 4709.10(B)(3), 4713.08
Rule Amplifies: 4709.10(B)(3), 4713.44, 4713.45
Prior Effective Dates: 02/15/1968, 09/05/1977, 11/19/1987, 12/17/1989, 11/16/1992, 01/26/1997, 08/09/2002, 05/01/2003, 08/01/2004, 07/20/2013, 02/28/2014