Chapter 4713-8 Standards of Safe and Effective Practice

4713-8-01 General information.

(A) The purpose of this chapter is to establish:

(1) Minimal acceptable standards of safe and effective cosmetology practice for a cosmetologist, hair designer, esthetician, natural hair stylist , manicurist , and boutique service registration holder;

(2) Criteria for the board to evaluate:

(a) Whether a person who practices cosmetology , a branch of cosmetology, or a boutique service does so in a safe and effective manner, adhering to the standards set for safety, sanitation and disinfection in the board's laws and rules and practicing cosmetology in a manner that does not jeopardize the public's health or welfare, and

(b) Adherence to acceptable and prevailing standards of cosmetology practice.

(B) The board may determine adherence to acceptable and prevailing standards of safe cosmetology practice by using:

(1) Board member expertise;

(2) An expert witness;

(3) Current cosmetology or related literature which emanates from a recognized body of knowledge;

(4) Position statements, standards for practice, or guidelines for practice from nationally recognized cosmetology entities; or

(5) Other recognized sources that may provide the appropriate expertise or information.

(6) When determining adherence the board shall ensure that all practices are within the definition of that branch of cosmetology as defined in section 4713.01 of the Revised Code.

Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/21/2016 and 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A)(20)
Rule Amplifies: 4713.01, R.C. 4713.07, 4713.14, 4713.15, 4713.35, 4713.64
Prior Effective Dates: 1/10/04, 11/01/2013

4713-8-02 Board consideration of a violation of a standard of cosmetology practice.

(A) The board may impose discipline on a board licensee or boutique service registration holder who does not practice cosmetology services or boutique services according to acceptable and prevailing standards of safe, sanitary cosmetology care, or the licensee, boutique service registration holder, or an unlicensed person who fails to follow the laws and rules of this board.

(B) The board may consider mitigating circumstances, such as the following, when making a decision regarding a corrective action, a disciplinary action, a consent agreement, or another program.

(1) Whether the act is willful, intentional, irresponsible, or unintentional;

(2) The frequency of the occurrence of the act at issue;

(3) Whether the act represents a pattern of commissions or omissions;

(4) The outcome of a licensee's actions; or

(5) The level of harm or potential harm to a client.

(C) The board shall follow the administrative process set forth in Chapter 119. of the Revised Code when determining whether a board licensee, boutique service registration holder, a tanning facility permit holder, approved continuing education and tanning certification providers or those who are unlicensed, do not hold a current facility permit or have not been approved to provide continuing education or tanning certification has committed a violation of Chapter 4713. of the Revised Code or the administrative rules promulgated under that chapter, and whether it will impose a sanction when violations have been determined by the board to have been committed.

(D) The board may hire a licensed attorney to hold hearings, find facts and make recommendations to the board as to what, if any, disciplinary action should be taken when violations have been alleged against a licensed or an unlicensed person engaging in the practice of cosmetology , a branch of cosmetology, boutique services, or operating a tanning facility without a permit or a continuing education provider or tanning certification provider or permit holder that fails to follow the board's laws or rules.

Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/21/2016 and 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A)(20)
Rule Amplifies: 4713.07, 4713.14, 4713.15, 4713.64
Prior Effective Dates: 1/10/04, 8/11/2008, 11/01/2013

4713-8-03 Standards relating to competent practice as a cosmetologist.

(A) A cosmetologist shall provide cosmetology services within a salon where the license is current, active and appropriate to the scope of practice of cosmetology for a cosmetologist as set forth in section 4713.01 of the Revised Code and the rules of the board.

(B) A cosmetologist shall maintain knowledge of the duties, responsibilities, and accountabilities of practice and shall practice in accordance with the following:

(1) The laws regulating the practice of cosmetology;

(2) The rules of the board;

(3) Any other applicable federal, state and local laws and rules; and

(4) Position statements, standards for practice, or guidelines for practice from nationally recognized professional cosmetology entities; provided these statements, standards, or guidelines are consistent with existing laws or rules.

(C) A cosmetologist shall demonstrate competence and accountability in all areas of practice in which the cosmetologist is engaged which includes, but is not limited to, the following:

(1) Consistent performance of all aspects of cosmetology services according to acceptable and prevailing standards,

(2) Appropriate recognition, referral or consultation, and intervention, when a complication arises during or after the performance of a specific service or procedure ;

(3) The cosmetologist demonstrates appropriate knowledge, skills, and abilities to provide the cosmetology service, and

(4) The cosmetology service does not involve a function or procedure, which is prohibited by any other law or rule and does not exceed the definition of the practice of cosmetology in section 4713.01 of the Revised Code.

(D) Cosmetologists shall not provide any service that claims to have a medical or healing benefit. The scope of practice is limited to beautification and relaxation services only. The scope of practice is limited to non-invasive services only. Services offered using the term therapy shall be within the meaning defined in paragraph (MM) of rule 4713-1-01 of the Administrative Code.

(E) Cosmetologists may exfoliate stratum corneum cells only. With proper training, cosmetologists may use any chemical, mechanical or electrical service that only exfoliates cells of the stratum corneum.

(F) Cosmetologists may use a lancet to enhance the opening in a comedo or to create a small opening in the dead surface corneum to facilitate extraction of a milia in order to better extract the contents. Cosmetologists shall not pierce the stratum corneum or use a lancet for any other purpose. Cosmetologists shall not perform a comedo enhancement or milia extraction with a lancet unless they have had specific documented training for this procedure. Only sterile, one-use, disposable lancets shall be used and they shall be disposed of in a "sharps box" medical waste container.

(G) Licensees using a device, equipment, chemical, or a product shall comply with the manufacturers' directions when using the device, equipment, chemical or product;

(H) Cosmetologists working under the direct supervision of a licensed physician shall provide only services within their scope of practice as set forth under the laws and rules that govern the board.

(I) Chemical peels performed by a cosmetologist shall be mixed and used at an ingredient concentration of thirty per cent solution or less at final formulation with a pH value not less than three.

(J) Cosmetologists shall provide treatments only utilizing equipment not to exceed one hundred eighty nanometers and must be a class one medical device as defined by the food and drug administration of the United States department of health and human services.

(K) A license in cosmetology supersedes all licenses of any branch of cosmetology, with the exception of a cosmetologist who also holds an esthetician license. An individual shall surrender all branch licenses to the board when the board issues the individual a cosmetology license, except for an esthetician license as a cosmetologist may hold that license along with the cosmetology license.

Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/21/2016 and 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A)(20)
Rule Amplifies: 4713.01, 4713.14, 4713.15, 4713.35
Prior Effective Dates: 1/10/04, 3/30/2009, 11/01/2013

4713-8-04 Standards relating to competent practice as an esthetician.

(A) An esthetician shall provide cosmetology services within a salon where the license is current, active and appropriate to the scope of practice of esthetics for an esthetician as set forth in section 4713.01 of the Revised Code and the rules of the board.

(B) An esthetician shall maintain knowledge of the duties, responsibilities, and accountabilities of practice and shall practice in accordance with the following:

(1) The laws regulating the practice of esthetics;

(2) The rules of the board;

(3) Any other applicable federal, state and local laws and rules; and

(4) Position statements, standards for practice, or guidelines for practice from nationally recognized professional esthetic entities; provided these statements, standards, or guidelines are consistent with existing laws or rules.

(C) An esthetician shall demonstrate competence and accountability in all areas of practice in which the esthetician is engaged which includes, but is not limited to, the following:

(1) Consistent performance of all aspects of esthetic services according to acceptable and prevailing standards ;

(2) Appropriate recognition, referral or consultation, and intervention, when a complication arises during or after the performance of a specific service or procedure ;

(3) The esthetician demonstrates appropriate knowledge, skills, and abilities to provide the cosmetology service, and

(4) The esthetician service does not involve a function or procedure, which is prohibited by any other law or rule and does not exceed the definition of the practice of cosmetology in section 4713.01 of the Revised Code.

(D) Estheticians shall not provide any service that claims to have a medical or healing benefit. The scope of practice is limited to beautification and relaxation services only. The scope of practice is limited to non-invasive services only. Services offered using the term therapy shall be within the meaning defined in paragraph (MM) of rule 4713-1-1 of the Administrative Code.

(E) Estheticians may exfoliate stratum corneum cells only. They may use any chemical, mechanical or electrical service that only exfoliates cells of the stratum corneum.

(F) Estheticians may use a lancet to enhance the opening in a comedo or to create a small opening in the dead surface corneum to facilitate extraction of a milia in order to better extract the contents. Estheticians shall not pierce the stratum corneum or use a lancet for any other purpose. Estheticians shall not perform a comedo enhancement or milia extraction with a lancet unless they have had specific documented training for this procedure. Only sterile, one-use, disposable lancets shall be used and they shall be disposed of in a "sharps box" medical waste container.

(G) Estheticians working under the direct supervision of a licensed physician shall only provide services within their scope of practice as set forth under the statute and code that governs the board.

(H) Chemical peels performed by an esthetician shall be mixed and used at an ingredient concentration of thirty per cent solution or less at final formulation with a pH value not less than three.

(I) A license in cosmetology supersedes all licenses of any branch of cosmetology with the exception of a cosmetologist who also holds an esthetician license. An esthetician may also hold a license in cosmetology.

(J) Estheticians shall provide treatments only utilizing equipment not to exceed one hundred eighty nanometers and must be a class one medical device as defined by the food and drug administration of the United States department of health and human services.

Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/21/2016 and 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A)(20)
Rule Amplifies: 4713.01, 4713.14, 4713.15, 4713.35
Prior Effective Dates: 1/10/04, 3/30/2009, 11/01/2013

4713-8-05 Standards relating to competent practice as a hair designer.

(A) A hair designer shall provide cosmetology services within a salon where the license is current, active and appropriate to the scope of practice of hair design for a hair designer as set forth in section 4713.01 of the Revised Code and the rules of the board.

(B) A hair designer shall maintain knowledge of the duties, responsibilities, and accountabilities of practice and shall practice in accordance with the following:

(1) The laws regulating the practice of hair design;

(2) The rules of the board;

(3) Any other applicable federal, state and local laws and rules; and

(4) Position statements, standards for practice, or guidelines for practice from nationally recognized professional cosmetology or hair design entities; provided these statements, standards, or guidelines are consistent with existing laws or rules.

(C) A hair designer shall demonstrate competence and accountability in all areas of practice in which the hair designer is engaged which includes, but is not limited to, the following:

(1) Consistent performance of all aspects of hair design services according to acceptable and prevailing standards ;

(2) Appropriate recognition, referral or consultation, and intervention, when a complication arises during or after the performance of a specific service or procedure ;

(3) The hair designer demonstrates appropriate knowledge, skills, and abilities to provide the hair design service as licensed, and

(4) The hair designer service does not involve a function or procedure, which is prohibited by any other law or rule and does not exceed the definition of the practice of hair design in section 4713.01 of the Revised Code.

(D) Hair designers shall not provide any service that claims to have a medical or healing benefit. The scope of practice is limited to beautification and relaxation services only. The scope of practice is limited to non-invasive services only. Services offered using the term therapy shall be within the meaning defined in paragraph (MM) of rule 4713-1-01 of the Administrative Code.

Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/21/2016 and 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A)(20)
Rule Amplifies: 4713.01, 4713.14, 4713.15, 4713.35
Prior Effective Dates: 1/10/04, 3/30/2009, 11/01/2013

4713-8-06 Standards relating to competent practice as a natural hair stylist.

(A) A natural hair stylist shall provide cosmetology services within a salon where the license is current, active and appropriate to the scope of practice of natural hair styling for a natural hair stylist as set forth in section 4713.01 of the Revised Code and the rules of the board.

(B) A natural hair stylist shall maintain knowledge of the duties, responsibilities, and accountabilities of practice and shall practice in accordance with the following:

(1) The laws regulating the practice of natural hair styling;

(2) The rules of the board;

(3) Any other applicable federal, state and local laws and rules; and

(4) Position statements, standards for practice, or guidelines for practice from nationally recognized professional cosmetology or natural hair stylist entities; provided these statements, standards, or guidelines are consistent with existing laws or rules.

(C) A natural hair stylist shall demonstrate competence and accountability in all areas of practice in which the natural hair stylist is engaged which includes, but is not limited to, the following:

(1) Consistent performance of all aspects of natural hair styling services according to acceptable and prevailing standards ;

(2) Appropriate recognition, referral or consultation, and intervention, when a complication arises during or after the performance of a specific service or procedure ;

(3) The natural hair stylist demonstrates appropriate knowledge, skills, and abilities to provide the natural hair stylist service as licensed, and

(4) The natural hair stylist service does not involve a function or procedure, which is prohibited by any other law or rule and does not exceed the definition of the practice of natural hair styling in section 4713.01 of the Revised Code,

(D) Natural hair stylists shall not provide any service that claims to have a medical or healing benefit. The scope of practice is limited to beautification and relaxation services only. The scope of practice is limited to non-invasive services only. Services offered using the term therapy shall be within the meaning defined in paragraph (MM) of rule 4713-1-01 of the Administrative Code.

Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/21/2016 and 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A)(20)
Rule Amplifies: 4713.01, 4713.14, 4713.15, 4713.35
Prior Effective Dates: 1/10/04, 9/28/08 , 3/30/2009, 11/01/2013

4713-8-07 Standards relating to competent practice as a manicurist.

(A) A manicurist shall provide cosmetology services within a salon where the license is current, active and appropriate to the scope of practice of manicuring for a manicurist as set forth in section 4713.01 of the Revised Code and the rules of the board.

(B) A manicurist shall maintain knowledge of the duties, responsibilities, and accountabilities of practice and shall practice in accordance with the following:

(1) The laws regulating the practice of manicuring;

(2) The rules of the board;

(3) Any other applicable federal, state and local laws and rules; and

(4) Position statements, standards for practice, or guidelines for practice from nationally recognized professional cosmetology or manicuring entities; provided these statements, standards, or guidelines are consistent with existing laws or rules.

(C) A manicurist shall demonstrate competence and accountability in all areas of practice in which the manicurist is engaged, that includes, but is not limited to, the following:

(1) Consistent performance of all aspects of manicuring services according to acceptable and prevailing standards ;

(2) Appropriate recognition, referral or consultation, and intervention, when a complication arises during or after the performance of a specific service or procedure ;

(3) The manicurist demonstrates appropriate knowledge, skills, and abilities to provide the manicuring service as licensed, and

(4) The manicurist service does not involve a function or procedure, which is prohibited by any other law or rule and does not exceed the definition of the practice of manicuring in section 4713.01 of the Revised Code.

(D) Manicurists shall not provide any service that claims to have a medical or healing benefit. The scope of practice is limited to beautification and relaxation services only. The scope of practice is limited to non-invasive services only. Services offered using the term therapy shall be within the meaning defined in paragraph (MM) of rule 4713-1-01 of the Administrative Code.

Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/21/2016 and 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A)(20)
Rule Amplifies: 4713.01, 4713.14, 4713.15, 4713.35
Prior Effective Dates: 1/10/04, 3/30/2009, 11/01/2013

4713-8-08 [Rescinded] Services rendered in an unlicensed facility; temporary special event permits.

Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/21/2016
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1)
Rule Amplifies: 4713.35
Prior Effective Dates: 9/28/08, 11/01/2013

4713-8-09 Temporary event salon license.

(A) The board may issue a temporary event salon license for events located on premises other than a fixed location. A temporary event salon license is valid for the premise where the event is held. The event location must be reported to the board prior to the event on forms prescribed by the board. A holder of a temporary event salon license issued under this rule may report a monthly schedule of events and premises in a manner prescribed by the board, in lieu of reporting each premise location separately. Upon recording the new temporary event salon premise(s), the cosmetology services may only be offered at the new salon premise(s) of record.

(B) The types of event premises contemplated by this rule include, but are not limited to, locations where the following events are held: charity events, on-location bridal preparation, bridal shows, and on-location spa events. Also contemplated by this rule are locations such as private residences, care facilities, nursing homes lacking a fixed location salon, hospitals, and other health care facilities where elderly or disabled individuals reside who are confined and physically unable to visit a fixed location salon.

(C) The applicant shall be responsible for affirming that the salon premise for the temporary event will meet the conditions for a salon license under chapter 4713.41 of the Revised Code. In addition, the applicant shall submit the following:

(1) An application fee of ten dollars;

(2) A complete application form, including:

(a) the name and type of event where cosmetology or boutique services are to be performed;

(b) the date of the event;

(c) the location of the premise where salon services shall be performed; and

(d) the applicant's address of record.

(D) Licensees and boutique services registration holders shall be responsible for ensuring that they are fully supplied and equipped when they perform services at the premise of record and that they are compliant with all safety and sanitation standards contained in the laws and rules regulating the practice of cosmetology or branches of cosmetology under chapter 4713. of the Revised Code and rules adopted thereunder.

(E) The board expressly reserves the right to inspect temporary event salon premises at random and without notice.

Effective: 2/16/2017
Five Year Review (FYR) Dates: 02/16/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A)(20)
Rule Amplifies: 4713.01, 4713.14, 4713.35, 4713.41

4713-8-10 Corrective action courses.

(A) The intent of this rule is to correct proven violations of law and to educate any person holding a license in cosmetology or a branch of cosmetology or holding a boutique services registration as to the correct manner in which to follow the laws and rules of the board.

(B) Corrective action courses are designed to educate persons holding licenses in cosmetology or in a branch of cosmetology or a boutique services registration about aspects of law or rule that have been violated. Any course offered as a corrective action course shall provide information about the board's laws and rules in general as well as the specific law(s) or rule(s) that has or have been violated. This process is not a punitive measure, but an attempt to assist licensees, boutique services registration holders, or salon owners to better understand their legal obligations and responsibilities as professionals.

(C) The board may impose a sanctioned corrective action course along with or instead of any other punishment for a violation as permitted under section 4713.64 of the Revised Code. The sanctioned corrective action course may be imposed on a person, who was found to have violated the board's laws and/or rules.

(D) Corrective action courses are not intended as educational credit and coursework in this area will not count toward a licensee's or boutique services registration holder's bi-annual continuing education credit.

(E) Corrective action courses shall consist of both general and specific information concerning the actual area(s) of law and/or rules that has/have been violated.

(1) The course shall be organized to include an examination at the end of the course as a measurement of knowledge;

(2) An individual shall pass the course examination with a score of seventy-five per cent or better;

(3) An individual scoring under seventy-five per cent shall take the course again;

(4) The sanction shall be lifted only when the individual passes the course with a score of seventy-five per cent or better, and

(5) The individual shall complete all corrective action courses assigned as part of a penalty for a violation within thirty days of the board's order. The board has discretion to extend the thirty-day time period to up to five months.

(F) In order to provide proper corrective action courses to licensees who have violated board rules, the board may partner with a vendor, who will be contracted to provide logistical production or other assistance to the board to provide corrective action courses.

Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/21/2016 and 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A)(20)
Rule Amplifies: 4713.64
Prior Effective Dates: 11/01/2013

4713-8-11 Standards relating to competent practice as a boutique services registration holder.

(A) A boutique registration holder shall provide boutique services within a salon where the license is current and active as set forth in section 4713.01 of the Revised Code and the rules of the board.

(B) A boutique registration holder shall maintain knowledge of the duties, responsibilities, and accountabilities of practice, and shall practice in accordance with the following:

(1) The laws regulating the practice of boutique services;

(2) The rules of the board;

(3) Any other applicable federal, state and local laws and rules; and

(4) Position statements, standards for practice, or guidelines for practice from any applicable nationally recognized professional entities associatd with boutique services; provided these statements, standards, or guidelines are consistent with existing laws or rules.

(C) A boutique registration holder shall demonstrate competence and accountability in all areas of practice in which the boutique registration holder is engaged. This includes, but is not limited to, the following:

(1) Consistent performance of all aspects of boutique services according to acceptable and prevailing standards, and

(2) Appropriate recognition, referral or consultation, and intervention, when a complication arises during or after the performance of a specific service or procedure.

(D) Boutique registration holders shall not provide any service that claims to have a medical or healing benefit. The scope of practice is limited to braiding, threading, or shampooing as set forth in section 4713.01 of the Revised Code.

Effective: 1/13/2017
Five Year Review (FYR) Dates: 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), 4713.08(A)(20)
Rule Amplifies: 4713.01, 4713.14, 4713.15, 4713.35