Chapter 4713-5 School Administration

4713-5-01 Definitions.

(A) "Certified" means a student has successfully completed and passed the theory and a practical test for a specific service and is authorized to perform that service on patrons. The grade scale a school uses when determining the results of test is the same grade scale the school shall use for purposes of certifying its students.

(B) "Quarter" means a period of no less than ten weeks.

(C) "Semester" means a period of no less than fifteen weeks.

(D) "Course" means a separate component of study contained within the program for which a student earns clock hours.

(E) "Program" means the aggregate of individual courses or clock hours that qualify an individual to take a licensing examination.

(F) "State credentialed teacher" means a person recognized by the Ohio department of education as a certified/licensed teacher or a recognized member of the faculty of a college or university or an individual holding at least a bachelors degree in the subject to be taught.

(G) "Withdrawn student" means any student who ceases instruction in a school prior to graduation.

(H) "ODE" means the Ohio department of education.

(I) "IEP" means an individual education plan.

(J) "Course outline" means an outline of the program offering that summarizes each of the subjects included in the program with hours devoted to theory and clinic within each subject.

(K) "Clock hour" means a period scheduled for a theory lecture of at least fifty minutes or scheduled clinic time in actual sixty minute segments.

(L) "Proprietary school" means a school that is established, conducted and primarily supported by a nongovernmental person. The terms "proprietary school" and "private school" may be used interchangeably.

(M) "Transcript" means a form or letter signed by a school official certifying final grades for all courses applicable to a program of study.

(N) A "handbook" means a manual or book or booklet setting forth the policies of the school and the school's requirements for each student and given to the student upon the student's signing of the enrollment agreement or contract as set forth in paragraph (A) of rule 4713-3-12 of the Administrative Code. A handbook is necessary only if a school does not set forth all of its policies and requirements in its catalogue.

(O) A "school contract" or a "school enrollment agreement" means an agreement between the school and the applicant signed by an appropriate official representative of the school and the applicant (or the parent/guardian if the applicant or student is a minor) setting forth the obligations of the applicant and the school. For ease of discussion, the terms "school contract" and "school enrollment agreement" may be shortened to "contract" or "enrollment agreement." The contract or enrollment agreement used by a school shall meet the minimum requirements set forth in rule 4713-3-13 of the Administrative Code.

(P) A "catalogue" is a manual or book or booklet or magazine-style document used for informing students and potential students about school policies and procedures or used for promotion of the school. At a minimum, a catalogue includes the information set forth in paragraph (B) of rule 4713-3-12 of the Administrative Code. A catalogue may be used for both advertising and for providing information to students, and, if properly executed, shall eliminate the need for a student handbook.

Effective: 02/28/2014
R.C. 119.032 review dates: 11/29/2013 and 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 8/5/01, 5/1/03

4713-5-02 Program requirements.

(A) Proprietary schools shall offer clock hour programs.

(B) Career technical schools shall comply with Ohio department of education (ODE)/board of cosmetology program course outlines.

(C) Upon enrolling in a school of cosmetology, a cosmetology student shall be assigned to study theory and perform clinic practice.

(D) A student shall not perform any service on a patron until they are certified to do so. The student shall be supervised by an instructor when performing services.

(1) Should a student's score on a test lower the student's cumulative grade average below the percentage needed to pass, the student shall lose the certification. The student shall be recertified only after the student's average returns to an above passing grade level.

(2) The instructor may supervise more than one student at a time as permitted by rule 4713-5-17 of the Administrative Code.

(E) All schools shall ensure each program offered is comprised of at least twenty-five per cent theory and non-clinic practice.

(F) All schools shall ensure each program offered is comprised of at least fifty percent clinic work performed on patrons, other students or mannequins. If patrons are not available, the student shall receive credit for clinic work if the student is actively engaged in training within the clinic related to the student's course of study.

(G) Any school participating in the Ohio department of education's career based intervention (CBI) program may allow a student to participate for no more than fifteen days in a program approved by the board. At the end of the fifteen days, the student may commit to being in the program or may try another CBI program. A student participating in the CBI program, but not officially enrolled in a program approved by the board, may do so under the following limitations:

(1) The CBI student shall participate equally in both theory and practical lessons, and study only the course's basic lessons.

(2) The CBI student shall not perform services on any individual.

(3) A CBI student may only perform services on a mannequin or an artificial hand.

(4) The school shall document any time a CBI student spends in the theory and in the practical lessons, the material the CBI student has studied and what services the CBI student has performed. The school shall make available this information upon request of the board.

(5) Upon the conclusion of fifteen days, the student shall no longer participate in board approved program unless enrolled.

(6) Any exception to this rule shall require a majority vote by a quorum of the members of the board.

(H) ) Any school that wishes to implement distance education as part of its curriculum must adhere to the following guidelines:

(1) The contracted course or program length must meet the board requirements set forth in rule 4713-5-03 of the Administrative Code.

(2) No practical or clinical instruction is permitted and no more than twenty-five per cent of the theory portion of the required hours may be completed through distance education.

(3) If distance education is made available to students, the student contract must clearly state that any hours attained in this manner may not be recognized by other states or schools if a student transfer situation arises.

(4) The school must determine if prospective students have the skills and comprehension to succeed in a distance education environment and maintain in each student's record, documentation of the method used to determine the student's skill and comprehension.

(5) The school must provide to students the textbooks, supplementary instructional materials, and any additional equipment necessary to fulfill the program and course requirements.

(6) The school must make available to students and teachers access to technical support for the educational course(s) or program(s) during the designated educational time frame established by the school to complete the assigned distance education materials.

(7) Observable, measurable, and achievable student performance outcomes shall be identified so that courses and programs offered through distance education can be compared to courses and programs with similar subject matter and objectives, whether offered by distance education methods or traditional means. Schools must track and record these milestones in such a manner as to allow an agent of the board access during an inspection to review the record for progress of any student engaged in distance education.

(8) The school shall be responsible for the quality of the courses of study and programs offered through distance education methods and the achievement of expected and acceptable outcomes, irrespective of any contractual arrangements, partnerships, or consortia entered into with third parties for the provision of components of a distance education program or course of study. All distance learning content must be approved by the board before it is offered to students, and any changes in curriculum approved before being offered.

(9) The instructional staff that provides instruction in distance education programs must have the qualifications, experience, and credentials to support the program or course of study.

(10) The school offering distance learning must maintain an overall annual passage rate of at least seventy-five per cent in theory examination in order to commence and maintain a distance learning program. Any schools not adhering to this level of performance shall be compelled to maintain a traditional program and not offer distance learning until passage rates can equal or exceed the standard, and no sooner than the next academic year in the instance of a career technical or vocational school, or calendar year in the instance of a private school.

(I) Any exception to this rule shall require a majority vote by a quorum of the members of the board.

Replaces: 4713-5-02

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 1/26/97, 8/1/99, 8/5/01, 5/1/03, 12/23/10

4713-5-03 Required course outlines.

(A) The board shall approve course outlines for each program.

(1) A school may use its own outline, but the board shall approve the outline prior to its use.

(2) Course outlines are available on the board's website.

(3) Should the board make any changes to the approved course outlines, the board shall notify all schools of the changes and post those changes to the board's website.

(4) Career technical schools shall also receive Ohio department of education (ODE) approval for any program course outline changes or program additions.

(B) All career technical schools shall schedule an equivalent number of program course hours as the clock hour requirements for the course outlines to ensure the opportunity for students to complete and pass the program. Career technical schools shall meet the program requirements as follows:

(1) The total time scheduled for the cosmetology program shall be at least fifteen hundred hours and sufficient to complete and pass the approved course outlines. Cosmetology students shall successfully complete and pass the cosmetology program course outlines which may include up to a maximum of four academic courses that meet state curriculum minimum graduation requirements and are taken during the time the student is enrolled in the cosmetology program. The academic courses to be taken during the time the student is enrolled in the cosmetology program can include any of the courses in paragraph (B)(3) of this rule, or if student is on an IEP, as required by the IEP.

(2) The total time scheduled for the hair design program shall be at least twelve hundred hours and sufficient to complete and pass the approved course outline. Hair design program students shall complete and pass hair design course outlines which may include up to a maximum of four academic courses that meet state curriculum minimum requirements and are taken during the time the student is enrolled in the hair design program. The academic courses to be taken during the time the student is enrolled in the hair design program can include any of the courses in paragraph (B)(3) of this rule, or if student is on an IEP, as required by the IEP.

(3) The four academic courses from the following list shall be the only courses counted in paragraph (A)(1) or (A)(2) of this rule: anatomy; physiology; chemistry; advanced chemistry; any mathematics (no more than one mathematics course per program); finance; business marketing; integrated English III and IV; applied communications; English language and composition; speech; physics, electricity and magnetism; and advanced biology courses accepted as meeting graduation requirements of twenty-one carnegie units or as required by the IEP. No more than one non-science course of each discipline may be taken for credit in a program. The four academic courses that shall be counted as part of the total time scheduled for the approved program shall constitute no more than twenty-five per cent of the hours required to complete the program.

(C) Career technical schools may contract with proprietary schools for students to complete and pass portions of the course outline units in order to complete and pass course work and obtain full credit for the cosmetology course for the year. Career technical schools are responsible for student outcomes unless the contract states otherwise.

Replaces: 4713-5-03

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 1/26/97, 8/5/01, 5/1/03

4713-5-04 Operational rules.

(A) A proprietary school may conduct day and night courses.

(B) Career technical schools may only offer adult education with the Ohio department of education and with board approval.

(C) The board shall be notified of which nights per week classes will be conducted.

(D) Students shall be scheduled to be in attendance a minimum of three hours in any one day.

Replaces: 4713-05-04

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 1/26/97, 8/5/01

4713-5-05 Charges for services.

The licensee of an operating school may charge for cosmetology services rendered to the public in the school clinic by supervised students.

Effective: 02/28/2014
R.C. 119.032 review dates: 11/29/2013 and 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97

4713-5-06 Restriction of activities.

For purposes of receiving clock hours toward the licensing examination, schools shall only award students clock hours for courses taken in cosmetology, one of its branches, a course with subject matter related to cosmetology or to the business of cosmetology.

Replaces: 4713-5-06

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97

4713-5-07 Postgraduate classes.

(A) A licensee may take classes or courses that do not lead to another license, but that are designed to increase the skills and knowledge of the licensee.

(B) Additional training classes may be provided by a school licensed under this chapter or by any other person.

(C) Additional training may qualify as continuing education if the offered class satisfies the requirements of Chapter 4713-21 of the Administrative Code.

(D) A licensee may receive certification in practices that cause entry into skin, or the application of chemicals, electricity, or non-medical beautification or relaxation services under procedures set forth in rule 4713-8-09 of the Administrative Code if the board has reviewed and approved the service for use in licensed salons and schools.

Replaces: 4713-5-07

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97, 5/1/03

4713-5-08 School rules.

(A) School rules shall be filed with the board. Should the governing student procedures change from the original filing, the school rules as amended shall be filed with the board.

(1) Changes to school rules must comply with all the requirements of Chapter 4713. of the Revised Code and the board's rules.

(2) Schools may meet the requirement to provide the board with rules and with amended rules by providing the board with their web site or another online site on which the rules are available.

(B) A school shall reference its school rules and place the rules in their entirety in the handbook and/ or the catalogue given to each student upon the signing of the contract or enrollment agreement. A school may describe the rules or place the rules in their entirety in the handbook or catalogue. If the school describes the rules, the school shall reference where the student may find the rules in their entirety.

Replaces: 4713-5-08

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89/, 1/26/97, 5/1/03

4713-5-09 Enrollment procedure.

(A) All enrollments shall be submitted via email on forms provided by the board. The enrollment form shall be submitted to the board within thirty days of the student's enrollment date. The "enrollment date" shall be that date upon which the student begins training and is not necessarily the date upon which the student contracts with the school for training.

(B) Non-resident and/or alien students must provide proof of legal residency in the U.S.A. and/or authority to earn income in the U.S.A. before receiving cosmetology training and/or licensure in Ohio.

(1) Prior to beginning training at a licensed school of cosmetology, such proof of residency and/or authority to earn income must be verified by the school.

(2) Questions on acceptability of any such documentation may be referred to the board for further research or resolution.

(3) Such proof of residency or authority to earn income in the U.S.A. must be maintained as a part of the formal student file and submitted with the student's application to take the state examination. A license to practice cosmetology services shall not be issued without the required documentation.

Effective: 02/28/2014
R.C. 119.032 review dates: 11/29/2013 and 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 1/26/97, 8/1/99, 8/5/01, 5/1/03

4713-5-10 Daily and monthly records.

(A) A school shall maintain records for each student on a form that either has been designed by the board or follows closely the design of the boards form.

(1) The records shall have the student's full legal name, and the date of enrollment.

(2) Each school shall maintain a copy of each student's records at the school for a period of at least five years from the date of enrollment, except for the records of those students who have completed their appropriate hours of training in which case the records shall be kept no less than six months following a student's graduation.

(3) The board may require, upon written notification to a school, that a copy of the student's records be maintained for a period exceeding six months.

(4) All schools shall maintain a record of all training including the records of each student's total clock hours received each day and the cumulative hours accrued in the program of study.

(a) The school shall maintain on file documentation that clearly indicates student's progress toward completion of the board approved course outline. The documentation shall include end of content examinations for theory and practical for each content standard.

(b) As set forth in rule 4713-3-06 of the Administrative Code, all schools shall maintain a withdrawal or transfer form if the student withdraws or transfers.

(B) On forms provided by the board or acceptable to the board, each school shall file a report with the board as required in this rule. The report shall be typewritten with the student's names listed in alphabetical order and filed with the board as required. Transcripts for minor students shall have parental release signatures on file at the school as required by the privacy act.

(1) Schools shall report no later than the twentieth day of the following month the number of hours of instruction obtained by each student each month and the total clock hours accrued since the date of enrollment.

(2) A school may award hours to students that are obtained during official school visits to cosmetology related activities if the activity provides specific training related to the school's course outline.

(a) Notice of such official visits/trips shall be sent to the board fifteen days in advance of the visit.

(b) The request shall list the date, time, location and number of hours to be credited to cosmetology study.

(c) Board approval of such requests is not required; however, the board reserves the right to challenge official visits/tours to activities as not being directly related to cosmetology study. The final determination of the award of hours associated with such trips/visits shall be made by the board.

(d) For any activity attended by students outside of a school's official program or classes and for which students may receive hours, a licensed cosmetology instructor from the school shall be at the activity with the students.

(e) Students shall only receive credit for hours obtained outside the school during official visits to cosmetology related activities if the hours extend beyond or are outside of the regularly scheduled program day.

(C) If a dispute arises between a student and a school over the number of hours obtained by the student, upon notification by the board, the school shall immediately certify to the board a copy of the student's records listing the daily number of hours obtained by the student in each major subject area or program/course credits earned. The board shall then resolve the discrepancy by examining the school's records and any information submitted by the student.

(D) A school shall inform the board at least fifteen days in advance of any planned temporary closures, with the exception of closures for national holidays or for unforeseen emergencies. If the school closes entirely or cancels classes without advanced planning, the school shall notify the board as soon as possible after the closure or cancellation of classes.

(E) Schools may award hours to students participating in a themed event involving the use of their cosmetology skills, if the board has been notified fifteen days in advance of the event.

Replaces: 4713-5-10

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 1/26/97, 8/1/99, 8/5/01, 5/1/03, 6/25/09

4713-5-11 Final training records.

(A) A final training record of each student at a school shall be prepared and forwarded along with the student's application for licensure to the board immediately upon the student's successful completion and passing of the program. The school shall certify to the board a detailed record or grade transcript of the student's training upon successful completion of the program including the clock hours or Ohio department of education/board approved course outlines of training required by section 4713.28 and/or 4713.30 of the Revised Code. The record shall become a part of the student's application to take the board examination for the student's program of study as a prerequisite to receiving any license.

(B) Junior year final grades must be submitted by the twentieth day of the month following the end of the junior year. Senior final grades are recorded as part of the students examination application.

Effective: 02/28/2014
R.C. 119.032 review dates: 11/29/2013 and 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 1/26/97, 8/1/99, 8/5/01, 5/1/03

4713-5-12 [Rescinded] Inspection of records.

Effective: 02/28/2014
R.C. 119.032 review dates: 11/29/2013
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 8/5/01, 5/1/03

4713-5-13 Transfer procedure.

(A) A student, currently or previously enrolled in a school of cosmetology who intends to transfer to another licensed school shall first notify the board in writing of the student's intent to transfer. The student shall also notify the school in which the student is enrolled according to the school's procedure as found in the handbook or catalogue.

(B) The school shall submit a certified record of the training received by the student at the school within thirty days of the request of the student. The certification shall be on forms furnished by the board.

(C) When the certification of training is received, the board shall notify the school to which the student wishes to transfer of the number of clock hours approved.

(D) If the student has not completed the student's contractual obligations to pay fees, tuition, etc. the board may not transfer those hours until the contract is in good standing.

(E) If the original school refuses for reasons other than contractual financial obligations to transfer a student's record, the board, or it's authorized agent, may request the record from the original school in order to establish the hours earned for the student. If the board requests the record, the school shall provide the student's complete record within thirty days.

(F) Any student wishing to transfer schools shall not accrue any clock hours for training at the new school until the board has submitted the student record to the new school.

(G) An exception to this rule will be made if two schools are owned by the same person. When a student transfers schools and the schools share ownership, a school shall not be required to file a discontinuance report, but shall submit an electronic form as specified by the board. If the student does not immediately transfer, but instead waits six months or more, the school shall use the discontinuance report and shall file that report with the board.

(H) The following describes the manner in which hours shall be transferred.

(1) Clock hour to clock hour transfers shall not exceed one hour for one hour.

(2) Clock hour career technical school transfers to other career technical schools shall be evaluated by the assessment of the student's knowledge and program work based upon the Ohio department of education/board approved course outlines and the student's successful completion of examinations on that work. The assessment shall be made by the school accepting the transferring student.

(3) To determine the appropriate clock hours that transfer with a student when a student in a career technical school transfers to a proprietary school, the school shall evaluate the clock hours by assessing the clock hours for only those courses that the student successfully completed and passed.

(I) The board may waive the thirty day requirement for any student transferring from a career technical program in this state.

(J) A student who desires to transfer to another approved program of study of a branch of cosmetology offered by the school that the student currently attends, another school, or a school located in another state shall receive only those clock hours from the current program of study that directly apply to the new program of study.

(1) Not all hours within a designated program of study shall be transferable to another program of study.

(2) In a dispute over the number of clock hours eligible for transfer the board shall verify the number of eligible clock hours that may be transferred per paragraph (A) of this rule.

(3) Of the clock hours that the board finds may transfer to the new school, the new school shall determine the number of clock hours it is willing to accept. The school shall notify the student prior to the student signing the contract with the new school.

(K) Any student attending a school licensed in another state of the United States or the District of Columbia may transfer to an Ohio licensed school and be given credit not to exceed one hour for one hour basis. To be eligible to receive the clock hours, the student shall meet the requirements for license eligibility set forth in section 4713.28 of the Revised Code and in rule 4713-5-09 of the Administrative Code. Career technical schools shall give a performance examination to determine the number of clock hours the school is willing to accept.

Replaces: 4713-5-13

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 8/5/01, 5/1/03

4713-5-15 Treatment of student withdrawing from school.

(A) A school shall maintain the records of a student who has discontinued studying at the school for a period of five years or until such records are transferred to the board, whichever occurs first. The records shall show a breakdown of the courses the student completed and passed.

(B) Should a student, who discontinued studying, decide to return to the same school, the school shall submit a new enrollment stating that the student has re-enrolled.

(C) If the student enrolls in a school other than the original school, the student's hours shall be transferred as set forth in rule 4713-5-13 of the Administrative Code.

(D) Schools shall report the withdrawal of a student within sixty days.

Replaces: 4713-5-15

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97, 8/5/01, 5/1/03

4713-5-16 School shall maintain state board notifications.

All schools shall retain copies of the board's laws, rules, and all notices issued by the board. This requirement can be met by maintaining electronic records access to the laws, rules and notices on school computers or web site.

Effective: 02/28/2014
R.C. 119.032 review dates: 11/29/2013 and 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 1/18/85, 12/17/89, 1/26/97, 5/1/03

4713-5-17 Licensed instructors on premises.

(A) Only an instructor with a license issued by the board may instruct students in an Ohio school of cosmetology.

(1) The school shall provide a minimum of one instructor for up to twenty-five students.

(2) At least two instructors shall be present if a clinic and classroom are conducted concurrently.

(3) When clinic is conducted, a minimum of one instructor shall be in the room supervising and assisting students.

(B) As set forth in rule 4713-5-20 of the Administrative Code, an instructor teaching a particular course shall be licensed in the branch of cosmetology that is being taught in the course.

(C) Schools may count a state credentialed teacher in math, english and/or science as a board licensed instructor when they are teaching those areas of the cosmetology course outlines for which they are licensed/certified.

(D) At least one instructor shall be on the premises during all school hours.

Replaces: 4713-5-17

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97, 7/1/00, 8/5/01, 5/1/03

4713-5-18 Apprentice instructor.

Prior to the date that an apprentice instructor begins instructor training in a licensed school, the school shall certify the name of such apprentice instructor to the board along with the date on which the instructor training will begin. The school shall employ at least one licensed instructor for each apprentice instructor. The apprentice instructor may be used as a factor in the student/teacher ratio of the school. Apprentice instructors shall have a similarly licensed or cosmetology instructor providing oversight when the apprentice instructor is in direct supervision of students. Instructor information shall be provided on forms provided by the board.

Effective: 02/28/2014
R.C. 119.032 review dates: 11/29/2013 and 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 5/1/03

4713-5-19 [Rescinded] List of instructors to be filed with "Board".

Effective: 02/28/2014
R.C. 119.032 review dates: 11/29/2013
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97, 5/1/03

4713-5-20 Duty of instructors.

(A) A licensed instructor in cosmetology or a branch of cosmetology shall maintain good standing in the branch of cosmetology in which the instructor is licensed. The instructor shall only teach in those areas in which the instructor is licensed.

(B) Career technical cosmetology teachers may be assigned other school duties when not actively engaged with a cosmetology class.

Replaces: 4713-5-20

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97, 5/1/03

4713-5-21 Instructor or apprentice instructor restrictions.

With the exception of an instructor or apprentice instructor using a patron to demonstrate a specific service, only students certified for clinic shall perform services on members of the public in a licensed school.

Replaces: 4713-5-21

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97

4713-5-22 Students not to be compensated with wages.

No student shall be paid for the performance of services upon a patron or upon another student..

R.C. 119.032 review dates: 12/04/2013 and 12/04/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97

4713-5-23 Clinic service assignments.

Clinic services shall be equitably assigned to all students in a manner to provide clinic practice on a basis of student training needs. A student who has not been certified to perform any procedures shall not be permitted to practice in the clinic when certified students are providing services to patrons. Students may practice on the public any service for which they have been certified.

Effective: 02/28/2014
R.C. 119.032 review dates: 11/29/2013 and 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 8/ 5/01, 5/1/03

4713-5-24 Students who fail to finish studies.

(A) A Student who has completed any clock hours of study for any branch of cosmetology and who has been unable to finish the program within a five year time period shall retain whatever clock hours the student completed for a five year period from the date of the student's original enrollment in a school of cosmetology.

(B) As set forth in rule 4713-5-13 of the Administrative Code, a student may transfer the remaining clock hours. The school may assess the student to determine the qualifications of the student.

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(4) , 4713.08(A)(13)
Rule Amplifies: 4713.32 , 4713.44 , 4713.45

4713-5-25 Temporary work and temporary special occasion work permits.

(A) The following individuals are eligible for a temporary work permit: students approved for examination for licensure and out-of-state licensees who are required to take the examination for licensure;

(1) Temporary work permits for examination applicants..

(a) Every applicant who desires to practice cosmetology or a branch thereof prior to examination shall obtain a temporary work permit from the board. The temporary work permit authorizes the holder thereof to engage in the practice of cosmetology under the supervision of an appropriate board licensee up to the date of examination. Such temporary work permit may be extended one time by the board. However, no person is entitled to more than one extension of their temporary work permit and candidates are not permitted to practice cosmetology beyond the date of the extension. The temporary permit of a person who fails any part of the examination shall not be renewed.

(2) The temporary permit shall be turned in to the board on the date of the examination.

(3) On the date of examination, after successfully passing the examination, the work permit may be extended to a board determined date allowing the applicant to continue to work pending receipt of the applicant's license.or their license assuming they passed the examination. The extended work permit will be authenticated with the board seal and candidates will not be permitted to practice cosmetology services beyond this board determined date without a license.

(B) Foreign nationals and individuals licensed in other states are eligible for a temporary special occasion work permit.

(1) Salons are eligible for one temporary special occasion work permit per individual licensee per year.

(2) To receive a permit, the salon shall provide the board documents credentialing the licensee. All documents shall be provided in english or with a certified english translation from a certified U.S. translation service.

(3) Each salon that desires a temporary special occasion work permit shall provide the following:

(a) A fifty-dollar fee;

(b) A copy of the license from the licensee's state. If the individual for whom the salon is seeking a temporary special occasion work permit is from a foreign country that does not license the cosmetology field, the salon shall provide documentation of the individual's professional experience;

(c) The dates requested for the special occasion work permit not to exceed one month;

(d) The salon board identification number, and

(e) If the individual is not a citizen of the United States, the salon shall provide proof that the individual may legally work in this country.

Replaces: 4713-5-25

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.22 , 4713.44 , 4713.45
Prior Effective Dates: 1/26/97, 1/8/99, 5/1/03

4713-5-26 [Rescinded] Inspection of schools.

Effective: 02/28/2014
R.C. 119.032 review dates: 11/29/2013
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 2/24/91, 1/26/97, 8/ 5/01

4713-5-27 Sanitation.

(A) All schools must follow all of the sanitation statutes and rules governing beauty salons as set forth in Chapter 4713-15 of the Administrative Code.

(B) All students shall wear clean outer garments, such as a smock or an apron, and clean shoes while attending school. A school uniform is acceptable attire. All students shall comply with all of the school's rules regarding sanitation and attire.

Replaces: 4713-5-27

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45
Prior Effective Dates: 1/26/97, 8/1/99, 8/5/01

4713-5-28 Attire for applicants taking examinations at the board.

(A) All applicants shall wear professional clothing when scheduled to take the state exam at the board exam center.

(1) Applicants shall be dressed in professional attire in order to be admitted to the testing center.

(2) Clothing that is comfortable and practical for work, such as pants or a skirt or a school uniform and clean shoes are acceptable attire. A clean smock or apron may be worn over professional attire.

(3) Excluded from the definition of "professional attire" are tank tops, t-shirts with offensive language, beach wear, torn, dirty or tattered clothing or clothing that reveals the midriff or lower back and clothing that is extremely low cut.

(B) An applicant not admitted to the test center due to attire shall be dismissed, and required to reschedule for the state examination. Students dismissed due to attire on a second occasion shall be dismissed from the examination, and shall be required to pay a reschedule fee before being permitted to reschedule for an examination.

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(13)
Rule Amplifies: 4713.44 , 4713.45