Lawriter - OAC - 4731-1-08 Continuing cosmetic therapy education requirements for renewal, reinstatement, or restoration of a license to practice cosmetic therapy.

4731-1-08 Continuing cosmetic therapy education requirements for renewal, reinstatement, or restoration of a license to practice cosmetic therapy.

(A) "License renewal" is the extension of a current license by fulfilling the requirements of division (C) of section 4731.15 of the Revised Code and the continuing education requirements of this rule.

(B) "License reinstatement" is the reactiviation of a license which has lapsed or been in a suspended or inactive status for two years or less for any reason including a failure to comply with division (C) of section 4731.15 of the Revised Code or the continuing education requirements of this rule.

(C) "License restoration" is the reactivation of a license which has lapsed or been in a suspended or inactive status for more than two years for any reason including a failure to comply with division (C) of section 4731.15 of the Revised Code or the continuing education requirements of this rule.

(D) On or before the expiration dates established in table 1 of this rule, each applicant for license renewal shall certify to the board that since the start of the applicant's registration period, the applicant has completed twelve hours of "Continuing Cosmetic Therapy Education" (hereinafter "CCTE") less any reduction in hours allowed by the board under paragraph (K) or (L) of this rule.

Table 1

First Initial of Last Name

License Expiration Date

A-B

July of odd numbered years

C-D

April of odd numbered years

E-G

January of odd numbered years

H-K

October of even numbered years

L-M

July of even numbered years

N-R

April of even numbered years

S

January of even numbered years

T-Z

October of odd numbered years

(E) All applicants who apply for license reinstatement shall certify to the board that in the preceding registration period, they have completed the twelve hour CCTE requirement less any reduction in hours allowed by the board under paragraph (K) or (L) of this rule.

(F) All applicants who apply for license restoration shall have completed twelve hours of CCTE within the preceding two years from the date of the application.

(G) If a person has not completed the requisite hours of CCTE, that person is not eligible for license renewal, reinstatement, or restoration until such time as those hours have been completed. Any CCTE undertaken after the end of a registration period and utilized for purposes of reinstatement or restoration of a suspended license cannot also be utilized to meet the CCTE requirement for the current registration period.

(H) Persons who are residing or practicing out of the state who wish to renew or reinstate their license to practice cosmetic therapy in Ohio must complete the required CCTE within the registration period even though not currently residing or practicing in Ohio.

(I) The certification required by paragraphs (D) and (E) of this rule shall be evidence of completion of the CCTE requirement as set forth in this rule, provided that:

(1) The board may randomly select applications for verification that all CCTE requirements have been met. Persons whose applications are selected shall submit additional documentation of compliance with CCTE requirements as the board may require.

(2) Records of all CCTE undertaken shall be retained for after the end of the registration period. Failure to maintain evidence of completion and supporting documentation as required by paragraph (N) of this rule rebuts the presumption established in paragraph (I) of this rule that the CCTE requirements have been completed.

(J) Nothing in this rule shall limit the board's authority to investigate and take action under section 4731.22 of the Revised Code.

(K) Reduction of hours can be granted on an individual basis to those who have been ill for more than six consecutive months or out of the United States for more than six consecutive months during the registration period. The applicant will have the burden of establishing that that person's illness or absence affected that person's reasonable opportunity to participate in CCTE activities. One half hour will be subtracted from the CCTE requirement for each month which is approved for reduction of hours. Requests for reduction of hours must be made in writing to the state medical board and submitted to the board at least sixty days prior to the end of the registration period.

(L) The CCTE requirement for persons licensed after the start of a registration period or for whom the license has been restored shall be computed in the following manner:

(1) If the license is initially issued prior to the first day of the second year of the registration period, the licensee shall be required to earn six total hours;

(2) If the license is issued on or after the first day of the second year of the registration period and prior to the first day of the eighteenth month of that period, the licensee shall be required to earn three total hours;

(3) If the license is issued on or after the first day of the eighteenth month of the registration period, the licensee shall not be required to earn any hours of CCTE credits for that period.

(M) If the board proposes to refuse to renew, reinstate, or restore a license for failure to meet the CCTE requirements of this rule, the applicant shall be entitled to a hearing on the issue of such proposed denial. Notice and hearing requirements incident to such proposed denial will be in compliance with the provisions of Chapter 119. of the Revised Code.

(N) CCTE course requirements:

(1) All hours of CCTE shall be:

(a) In one or more of the following subject matter areas

(i) Laser hair removal;

(ii) Electrolysis/ETB/hair removal;

(iii) Sterilization and hygiene;

(iv) Professional ethics;

(v) Blood borne pathogens;

(vi) Endocrinology;

(vii) Anatomy and physiology as it relates to the dermis;

(viii) Diseases of the skin;

(ix) Cosmetic therapy law;

(x) Massage of the face, neck, scalp, or shoulders.

(b) Offered by one of the following entities:

(i) A college or university approved by the state department of education;

(ii) A state or national professional cosmetic therapy or electrology association;

(iii) A cosmetic therapy school approved by the board pursuant to this chapter of the Administrative Code;

(iv) A health department or hospital which offers program which had been previously approved for continuing medical education (CME) credits or for continuing nursing education credits (CNE): or

(v) A provider accredited by the international association for continuing education and training.

(2) CCTE courses may be completed via in-person, webinar, or on-line.

(3) A cosmetic therapist shall obtain evidence of completion (i.e., a certificate) from the provider of the CCTE for all CCTE hours that are successfully completed. In the event that evidence of completion includes hours of education in a subject not included in paragraph (N)(1) of this rule, the cosmetic therapist shall only claim the hours that meet the requirements of this rule. Cosmetic therapists shall also retain supporting documentation of all of the following:

(a) Description of the CCTE activity;

(b) The location of the CCTE activity;

(c) The date of attendance;

(d) The hours of each CCTE activity.

(4) Evidence of completion and supporting documentation shall be retained by the applicant for renewal for one year after the end of the registration period.

(O) An expired license to practice as a cosmetic therapist shall be renewed upon payment of the biennial renewal fee provided in section 4731.15 of the Revised Code and without a late fee or re-examination if the holder meets all of the following requirements:

(1) The licensee is not otherwise disqualified from renewal because of mental or physical disability.

(2) The licensee meets the requirements for renewal under section 4731.15 of the Revised Code.

(3) Either of the following situations applies:

(a) The license was not renewed because of the licensee's service in the armed forces, or

(b) The license was not renewed because the licensee's spouse served in the armed forces, and the service resulted in the licensee's absence from this state.

(4) The licensee or the licensee's spouse, whichever applicable, has presented satisfactory evidence of the service member's discharge under honorable conditions or release under honorable conditions from active duty or national guard duty within six months after the discharge or release.

(P) Extension of the continuing education period based on active duty status:

(1) The holder of a cosmetic therapy license may apply for an extension of the current continuing education reporting period in the manner provided in section 5903.12 of the Revised Code.

(2) The board shall consider relevant education, training, or service completed by the licensee as a member of the armed forces in determining whether a licensee has met the continuing education requirements to renew the license.

(3) Upon receiving the application and proper documentation, the board shall act in accordance with section 5903.12 of the Revised Code.

(Q) For purposes of this paragraphs (O) and (P) of this rule, "armed forces" has the same meaning as in section 5903.01 of the Revised Code and "reporting period" has the same meaning as in section 5903.12 of the Revised Code.

Replaces: 4731-1-08


Effective: 9/30/2019
Five Year Review (FYR) Dates: 09/30/2024
Promulgated Under: 119.03
Statutory Authority: 4731.05, 4731.15, 4731.155
Rule Amplifies: 4731.15, 4731.155
Prior Effective Dates: 08/15/1993, 06/30/2001, 12/31/2012