4731-1-19 Probationary status.

(A) If the graduates of a course of instruction at any limited branch school holding a certificate of good standing fail to demonstrate minimally adequate performance as determined by the board on its limited branch examination for cosmetic therapy or the MBLEx for massage therapy, the board may place that school's certificate of good standing on probationary status.

(1) Graduates of a course of instruction in cosmetic therapy at a limited branch school shall be deemed to have failed to demonstrate minimally adequate performance on the limited branch examination if:

(a) The overall licensure pass rate for all first time applicants from that school on each of the immediately previous three examinations at which the school had applicants was below seventy-five per cent and such a finding is supported by other relevant factors as he board may deem appropriate; or

(b) That school ranked in the lower fifty per cent of licensure pass rates for all schools for the previous three examinations and such a finding is supported by other relevant factors as the board may deem appropriate.

(2) Graduates of a course of instruction in massage therapy at a limited branch school shall be deemed to have failed to demonstrate minimally adequate performance on the examination if:

(a) The average overall licensure score for all first time test takers from that school during the past calendar year was below the established passing score for the examination for that year; and

(b) Such a finding is supported by other relevant factors as the board may deem appropriate.

(B) If a certificate of good standing is placed on probationary status and graduates of that course of instruction fail to demonstrate improved performance as determined by the board during the succeeding twelve months, the board may refuse to renew, or revoke or suspend that certificate.

(1) In determining whether graduates of a course of instruction in cosmetic therapy at a limited branch school have demonstrated improved performance the board shall review all of the following:

(a) Whether the overall licensure pass rate for all first time applicants from that school for each examination during the previous year is above seventy-five per cent; or

(b) Whether that school ranks in the upper fifty per cent of licensure pass rates for all schools during the previous year.

(2) In determining whether graduates of a course of instruction in massage therapy at a limited branch school have demonstrated improved performance the board shall review the following:

(a) Whether the average overall licensure score for all first time test takers from that school during the previous calendar year is above the established passing score for the examination; and

(b) Such other relevant factors as the board may deem appropriate.

(C) If the board proposes to refuse to issue or renew, suspend, place on probation, or revoke a certificate of good standing, the certificate holder shall be entitled to a hearing on such proposal. Notice and hearing requirements will be in compliance with the provisions of Chapter 119. of the Revised Code and with any rules adopted by the board.

(D) No partner, officer or stockholder of a school that is on probation shall be permitted to apply for a certificate of good standing for a new school.

Replaces: 4731-1-19

Effective: 01/24/2012
R.C. 119.032 review dates: 01/24/2017
Promulgated Under: 119.03
Statutory Authority: 4731.05 , 4731.15
Rule Amplifies: 4731.16
Prior Effective dates: 2/28/03