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 and manicurist in a salon;

(2) Criteria for the "Board" to evaluate:

(a) Safe and effective cosmetology practice; 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 which 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.

(1) "Exfoliation" means the sloughing off of non-living (dead) skin cells by very superficial and non-invasive means.

(2) "Non-invasive" means confined to the nonliving cells of the epidermis specifically the stratum corneum layer. Living cells must never be altered, cut or damaged. During services performed by individuals licensed in this chapter at no time should the basal layers be compromised.

(3) "Client" means the recipient of cosmetology services, which may include an individual, a group, or a community.

(4) "Cosmetology Service" means any service provided to a client within the scope of practice of the individual license types of the "Board".

(5) "Advanced Practice" means any cosmetology service not taught in basic cosmetology school courses that require postgraduate training such as chemical or mechanical exfoliation, body treatments, clipper cuts, or other advanced manual, chemical or mechanical techniques.

(6) "Therapy" means a non-invasive, non-medical and non-healing service such as aroma therapy or other relaxation services.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 4713.08(A)(1)

Rule Amplifies: RC 4713.01, 4713.15

Prior Effective Dates: 1/10/04

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

(A) A "Board" licensee who does not practice cosmetology services according to acceptable and prevailing standards of safe cosmetology care, as set forth in this chapter, may be subject to discipline by the "Board" as established in section 4713.64 of the Revised Code per Chapter 119. of the Revised Code and with paragraph (B) of this rule.

(B) The "Board" may consider mitigating circumstances when making a decision regarding charges, disciplinary action, or referral to a non-disciplinary 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" grants the authority to the executive director to oversee the inspection process and to initiate disciplinary proceedings pursuant to paragraph (A) of this rule and to issue notices of violation in accordance with Chapter 119. of the Revised Code. Following the Chapter 119. administrative process, and in accordance with Chapter 119. of the Revised Code, the "Board" will determine whether a "Board" licensee 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.

Effective: 08/11/2008
R.C. 119.032 review dates: 05/20/2008 and 08/11/2013
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1)
Rule Amplifies: 4713.01, 4713.15
Prior Effective Dates: 1/10/04

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

(A) A cosmetologist shall provide cosmetology services within an adequately licensed salon, and within the scope of practice of cosmetology for a cosmetologist as set forth in section 4731.01 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 and state 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; 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) A cosmetologist may provide advanced cosmetology services provided:

(1) The cosmetologist obtains appropriate education, which emanates from a recognized body of knowledge relative to the cosmetology service to be provided;

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

(3) The cosmetologist maintains documentation satisfactory to the "Board" of meeting the requirements set forth in paragraphs (D)(1) and (D)(2) of this rule;

(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 Revised Code.

(E) 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 (C)(6) of rule 4713-8-01 of the Administrative Code.

(F) Cosmetologists may exfoliate stratum corneum cells only. With proper postgraduate training cosmetologists may use any chemical, mechanical or electrical service that only exfoliates cells of the stratum corneum. Proper graduate training from the manufacturer or the manufacturer's certified representative shall be required prior to service to the public. The manufacturer's certificate of training shall be displayed in a publicly conspicuous place.

(G) 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.

(H) Cosmetologists may perform services that are unregulated by the state in salons upon completing postgraduate training for those services as established by policy of the "Board" and required by rule 4713-13-12 of the Administrative Code. These services include but are not limited to body wraps, ear piercing, hypnosis for relaxation, etc.

Effective: 03/30/2009
R.C. 119.032 review dates: 01/13/2009 and 03/30/2014
Promulgated Under: 119.03
Statutory Authority: RC 4713.08(A)(1)
Rule Amplifies: RC 4713.01, 4713.15
Prior Effective Dates: 1/10/04a

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

(A) An esthetician shall provide cosmetology services within an adequately licensed salon, and within 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 and state 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; 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) An esthetician may provide advanced esthetic services provided:

(1) The esthetician obtains appropriate education, which emanates from a recognized body of knowledge relative to the esthetic service to be provided;

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

(3) The esthetician maintains documentation satisfactory to the Board of meeting the requirements set forth in paragraphs (D)(1) and (D)(2) of this rule;

(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 esthetics in section 4713.01 of Revised Code.

(E) 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 (C)(6) of rule 4713-8-01 of the Administrative Code.

(F) Estheticians may exfoliate stratum corneum cells only. They may use any chemical, mechanical or electrical service that only exfoliates cells of the stratum corneum. Proper graduate training from the manufacturer or the manufacturer's certified representative shall be required prior to service to the public. The manufacturer's certificate of training shall be displayed in a publicly conspicuous place.

(G) 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.

(H) Estheticians may perform services that are unregulated by the state in salons upon completing postgraduate training for those services as established by policy of the "Board" and required by rule 4713-13-12 of the Administrative Code. These services include but are not limited to body wraps, ear piercing, hypnosis for relaxation, etc.

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

(A) A hair designer shall provide cosmetology services within an adequately licensed salon, and within the scope of practice of hair design for a hair designer as set forth in section 4731.01 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 and state 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; 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) A hair designer may provide advanced hair design services provided:

(1) The hair designer obtains appropriate education, which emanates from a recognized body of knowledge relative to the hair design service to be provided;

(2) The hair designer demonstrates appropriate knowledge, skills, and abilities to provide the hair design service;

(3) The hair designer maintains documentation satisfactory to the "Board" of meeting the requirements set forth in paragraphs (D)(1) and (D)(2) of this rule;

(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 Revised Code.

(E) 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 (C)(6) of rule 4713-8-01 of the Administrative Code.

(F) Hair designers may perform services that are unregulated by the state in salons upon completing postgraduate training for those services as established by policy of the "Board" and required by rule 4713-13-12 of the Administrative Code. These services include but are not limited to body wraps, ear piercing, hypnosis for relaxation, etc.

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

(A) A natural hair stylist shall provide cosmetology services within an adequately licensed salon, and within the scope of practice of natural hair styling for a natural hair stylist as set forth in section 4731.01 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 and state 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; 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) A natural hair stylist may provide advanced natural hair styling services provided:

(1) The natural hair stylist obtains appropriate education, which emanates from a recognized body of knowledge relative to the natural hair styling service to be provided;

(2) The natural hair stylist demonstrates appropriate knowledge, skills, and abilities to provide the cosmetology service;

(3) The natural hair stylist maintains documentation satisfactory to the "Board" of meeting the requirements set forth in paragraphs (D)(1) and (D)(2) of this rule;

(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 Revised Code.

(E) 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 (C)(6) of rule 4713-8-01 of the Administrative Code.

(F) Natural hair stylists may perform services that are unregulated by the state in salons upon completing postgraduate training for those services as established by policy of the "Board" and required by rule 4713-13-12 of the Administrative Code. These services include but are not limited to body wraps, ear piercing, hypnosis for relaxation, etc.

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

(A) A manicurist shall provide cosmetology services within an adequately licensed salon, and within the scope of practice of manicuring for a manicurist as set forth in section 4731.01 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 and state 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, which includes, but is not limited to, the following:

(1) Consistent performance of all aspects of manicuring 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) A manicurist may provide advanced manicuring services provided:

(1) The manicurist obtains appropriate education, which emanates from a recognized body of knowledge relative to the cosmetology service to be provided;

(2) The manicurist demonstrates appropriate knowledge, skills, and abilities to provide the cosmetology service;

(3) The manicurist maintains documentation satisfactory to the "Board" of meeting the requirements set forth in paragraphs (D)(1) and (D)(2) of this rule;

(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 Revised Code.

(E) 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 (C)(6) of rule 4713-8-01 of the Administrative Code.

(F) Manicurists may perform services that are unregulated by the state in salons upon completing postgraduate training for those services as established by policy of the "Board" and required by rule 4713-13-12 of the Administrative Code. These services include but are not limited to body wraps, ear piercing, hypnosis for relaxation, etc.

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

(A) No person shall offer or render any of the services encompassed within the definition and rules of the board of cosmetology in a place which is not licensed as a salon or school except that a practicing licensee may render the services for which he or she is licensed to offer on a limited and temporary basis if the licensee applies for and receives a temporary special event permit.

(B) Temporary special event permits shall be approved by the executive director, or his or her designee. Temporary special event permits are only valid for one event lasting no more than forty-eight hours. Multiple events require the licensee to apply for and receive a separate temporary special event permit for each event.

(C) The types of special events contemplated by this rule include, but are not limited to: charity events, on-location bridal parties, bridal shows and on-location spa parties. Requests that vary from these listed examples must be approved by the board by a majority vote of a quorum of the board members. Individual licensees and salon licensees are permitted to request special event permits.

(D) At a minimum, in the application for a temporary special event permit, the licensee must provide the type of event, date of event, time of event, location of event, and the names and license numbers of the licensees performing the services during the event.

(E) Licensees shall be responsible for ensuring that they are fully supplied and equipped when they perform services outside a licensed facility, in addition to ensuring compliance with the safety and sanitation laws and rules of the board.

(F) The board expressly reserves the right to inspect special events at random and without notice.

Effective: 09/28/2008
R.C. 119.032 review dates: 09/28/2013
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1)
Rule Amplifies: 4713.35