This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4713-1-01 | Definitions.
Effective:
January 2, 2025
(A) The term "board" means the
Ohio state cosmetology and barber board. (B) The term "board member"
means those members appointed by the governor of the state in accordance with
Chapter 4713. of the Revised Code who are vested with both statutory and
discretionary authority. (C) "Active bleach" means an
unexpired, environmental protection agency (EPA)-registered product containing
at least 5.25 per cent sodium hypochlorite. (D) An "applicant" is an individual who is applying for
admission to a school or who is applying to take an examination for a board
license or who is applying for a permit from the board. (E) "Appropriate disinfectant" is defined as
follows: (1) A chemical
disinfectant product that is an EPA-registered disinfectant used to destroy or
kill most bacteria, fungi, and viruses on non-porous surfaces and is mixed and
used according to the manufacturer's directions, or sodium hypochlorite
(bleach) solution with a concentration of at minimum 5.25 per cent sodium
hypochlorite mixed in a solution of one part bleach to nine parts cool or cold
water. If using a bleach solution, the contact time shall be at least ten
minutes. (2) For objects that come
in contact with bodily fluids or blood, a chemical disinfectant product that is
an EPA-registered hospital level disinfectant used to destroy or kill most
bacteria, fungi, and viruses that is also registered as effective against
mycobacterium tuberculosis, human HIV-1, and hepatitis B virus on non-porous
surfaces and is mixed and used according to the manufacturer's
directions, or sodium hypochlorite (bleach) solution with a concentration of at
minimum 5.25 per cent sodium hypochlorite mixed in a solution of one part
bleach to nine parts cool or cold water. If using a bleach solution, the
contact time shall be at least ten minutes. (F) "Biometrics" means the identification of humans
by certain traits or characteristics. (G) A "candidate" is an individual who has applied to
take an examination offered by the board. (H) "Client" means the recipient of cosmetology or
barbering services or the services of a tanning facility. A client may include
a person, group or community. The words "patron,"
"client," "consumer," and "customer" may be
used interchangeably. (I) "Chemical treatment" means any product or
procedure, including the preparation and/or application of the product that
alters or changes the molecular structure of the hair, skin or nails through
the chemical treatments. Chemical treatments may include, but are not limited
to the following: (1) Permanent waving and
soft permanent waving; (2) Chemical
straightening; (3) Hair coloring and
bleaching (semi-permanent and permanent); (4) Applying chemical
skin peel products; (5) Applying depilatory
products; and (6) Applying lash and
brow tinting products. (J) "Common Area" means any lobby or reception areas,
restrooms, dispensary or any other area available for general use. This
includes shampoo and dryer areas, pedicure, manicure, and other work stations
unless individually assigned or an individual is delivering services in that
area at the time of the inspection. (K) "Corrective action course" means a remedial
training used as a tool to improve the service provided by licensees or
boutique services registration holders who have violated a board rule or law. A
corrective action course is not to be confused with a continuing education
course, designed to improve the skills of a licensee or boutique services
registration holder. (L) "Cosmetology service" means any service provided
to a client within the scope of practice of cosmetology or a branch of
cosmetology. (M) "Device" means, for purposes of this chapter,
implements and equipment designed to perform a specific service. The term
"instrument" may be interchanged with the term
"device." (N) An "employee" is an individual who practices
cosmetology, a branch of cosmetology, barbering, or who works in a tanning
facility in exchange for compensation, and is controlled and directed by an
employer. (O) An "employer" is a person who controls and
directs the services provided by one or more employees. An employer is
responsible for withholding tax from the salary or compensation of the
employees. (P) "Equipment" means tools needed for a particular
purpose. Equipment may be a type of machine used to provide a service.
Equipment may be mechanical or electrical and, in some instances, may also be
considered implements. (Q) "Inactive" means a practicing license, advanced
practice license, or instructor license so classified for reasons defined in
sections 4709.111 and 4713.61 of the Revised Code. (R) An "examiner" means an individual to whom the
board has given the authority to administer theoretical and practical
examinations for licenses and certifications. An examiner may be an employee of
the board or a consultant for the board. (S) "Exfoliation" means the sloughing off of
non-living (dead) skin cells by very superficial and non-invasive
means. (T) An "independent contractor" is an individual who
is not an employee of a salon or barber shop, but who practices a branch of
cosmetology or barbering within the salon or barber shop. (U) "Implement" means a type of instrument,
usually specially designed to perform a specific service. (V) "Inspector" means an authorized agent of
the board who has the authority to enter a licensed facility. An inspector may
inspect or investigate any person who holds a license, boutique services
registration, or a permit from the board, provides continuing education
training, tanning certification training or who acts as a licensee, boutique
services registration holders, or permit holder, but does not hold a license,
boutique services registration, or permit from the board. (W) "Instrument" means, for purposes of this
chapter, implements and equipment designed to provide a specific service. The
term "device" may be interchanged with the term
"instrument." (X) "Legal residence" means the residence where
a person has a permanent home or principal establishment and to where, whenever
a person is absent, that person intends to return; every person is compelled to
have one and only one legal residence at a time. (Y) "Licensee" means an individual or entity
issued a license under Chapters 4709. and/or 4713. of the Revised
Code. (Z) "Non-invasive" means confined to the
nonliving cells of the epidermis, specifically the stratum corneum (outer)
layer. Living cells must never be altered, cut, or damaged. During services
performed by individuals licensed by the board, at no time should the basal
layers be compromised. (AA) "Non-porous" means a material that does not
permit air, fluids, or solid substances to be absorbed or to pass through. A
non-porous item or implement may be cleaned and disinfected for reuse, as set
forth in rule 4713-15-03 of the Administrative Code. (BB) "Operator" means the owner of a salon or
barber shop, a non-licensed business manager, or a manager or individual
delegated by the owner to run a salon or barber shop. (CC) "Owner" means a person who has substantial
control and a financial interest over a salon, barber shop, school, or tanning
facility. (DD) "Person" includes an individual,
corporation, business trust, estate, trust, partnership, or
association. (EE) "Porous" means a material that permits
fluids, gases, or debris to be absorbed or to pass through. Porous implements
may not be cleaned and disinfected for reuse and shall be discarded after one
use, as set forth in rule 4713-15-03 of the Administrative Code. (FF) "Service animal" means an animal as defined
by the Americans with Disabilties Act (ADA). (GG) "Shaving the face" as used in division
(A)(1)(a) of section 4709.01 of the Revised Code, means the removal of hair
from the face, area under the chin and jawline, and/or the front of the neck of
an individual, using a straight razor. (HH) "Straight razor" means a razor with a long,
unguarded, straight cutting edge. (II) "Student" means an individual who is
receiving training in a school. (JJ) "Therapy" means a non-invasive,
non-medical, and non-healing service. (KK) "Unregulated services" means services that
are not regulated under the Ohio Revised Code or Administrative Code or the
laws or regulations of any other governmental agency. (LL) "Armed forces" mean: (1) The armed forces of
the United States, including the army, navy, air force, marine corps, and coast
guard; (2) A reserve component
of the armed forces in subsection (LL)(1) of this rule; (3) The national guard,
including the Ohio national guard or the national guard of any other
state; (4) The commissioned
corps of the United States public health service; (5) The merchant marine
service during wartime; or (6) The Ohio organized
militia when engaged in full-time national guard duty for a period of more than
thirty days. (MM) "Active duty military member" means any
person who is serving in the armed forces. (NN) "Veteran" means any person who has
completed service in the armed forces and has been discharged under honorable
conditions or transferred to the reserve with evidence of satisfactory
service.
Last updated January 2, 2025 at 1:19 PM
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Rule 4713-1-02 | Appointing authority.
Effective:
February 21, 2019
The administrative agency concerned with the
practice of cosmetology and barbering shall be headed by the executive director
of the board. The executive director shall operate as the appointing authority
and chief administrator of the board's daily transactions in accordance
with all rules and/or policies established by the board for the governing of
the board, and for the implementation or enforcement of rules and orders of the
board.
Last updated December 6, 2023 at 11:48 AM
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Rule 4713-1-03 | Application of rules.
(A) All rules promulgated under the
authority of sections 4709.05 and 4713.08 of the Revised Code shall apply to
any person licensed in the practice of cosmetology or one of the branches of
cosmetology, any person licensed in the practice of barbering, any person
holding a boutique services registration, any unlicensed person, and any person
permitted to offer continuing education or corrective education in Ohio unless
otherwise specified. (B) Tanning facilities issued a permit to
operate in Ohio, tanning certificate holders and persons permitted to issue
tanning certificates in Ohio shall follow all rules promulgated under the
authority of section 4713.08 as set forth in Chapter 4713-19 of the
Administrative Code and all other rules referencing tanning. (C) Permit holders permitted to provide
continuing education in Ohio shall follow all rules promulgated under section
4713.08 of the Revised Code as set forth in Chapters 4713-8 and 4713-21 of the
Administrative Code and all of the rules referencing continuing
education.
Last updated November 4, 2024 at 1:40 PM
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Rule 4713-1-04 | Public hearings.
Effective:
November 1, 2013
(A) The procedure of the board for giving public notice for the adoption, amendment, or rescission of its rules shall be pursuant to section 119.03 of the Revised Code. The board shall provide a copy of a notice to any person who requests a copy in writing and who pays a reasonable fee, not to exceed the cost of copying and mailing. (B) Prior to the effective date of the rule, amendment, or rescission, the board shall make a reasonable effort to inform those affected by the rule, amendment, or rescission and to have available for distribution to those requesting it the full text of the rule as adopted, amended, or rescinded.
Last updated May 18, 2023 at 1:11 PM
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Rule 4713-1-05 | Public meetings.
Effective:
December 19, 2019
The board shall conduct all regular, special, and
emergency meetings in accordance with section 121.22 of the Revised
Code. (A) Any person may obtain notice of the
time and place of all regularly scheduled meetings and the time, place, and
purpose of all special meetings by: (1) Writing to the board
at its business address; (2) Contacting board
staff by telephone or email during normal business hours; (3) Providing an email
address and requesting to be added to an email list for advance notification of
all meetings of the board; or (4) Checking the
board's public website. (B) Any media representative may request
notice of any emergency meeting by making such request in writing and providing
an email address. In such event, the board shall provide the media
representative with notification of the time, place, and purpose of the meeting
by email, or by notifying the clerk of the state house press room, immediately
upon scheduling the meeting date and time. (C) The board may permit members of the
public to be heard at a public board meeting on a matter that relates to a
specific meeting agenda item or is otherwise within the board's
jurisdiction.
Last updated December 6, 2023 at 11:48 AM
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Rule 4713-1-06 | Medical facilities offering cosmetology services.
A medical facility that also provides services
within a branch of cosmetology shall not be required to have a salon license if
a licensed medical professional is the first point of contact and prescribes,
delegates, or administers a service that is within the scope of practice for
the license, permit, or certificate of the medical professional. If the medical
professional is not the first point of contact and an individual licensed by
the board can practice a branch of cosmetology in the facility without a
prescription or other formal authorization from the medical professional, then
the facility must obtain a salon license for the branch of cosmetology
practiced in the facility.
Last updated December 6, 2023 at 11:49 AM
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Rule 4713-1-07 | Prohibited acts.
Effective:
February 12, 2024
The board may fine and/or suspend, revoke, or deny
any license, permit, or registration for any one or more of the following
causes: (A) Conviction of a felony or misdemeanor
committed in a licensed or permitted facility; (B) Unprofessional conduct; (C) Obtaining money, or anything of
value, by fraudulent misrepresentation in the course of practice; (D) Failure to produce a current
government-issued form of photo identification upon inspection or request while
engaging in the practice or instruction of cosmetology, branches of
cosmetology, barbering, or boutique services; (E) Interference with a board inspector in identification
of any individual believed by the inspector to be engaging in any of the
following: (1) Working in a salon,
barber shop, school, or tanning facility; (2) Practicing a branch
of cosmetology or barbering without a license; (3) Operating a tanning
facility without a permit; or (4) Performing a service
for which the individual is not licensed. (F) Where a person issued a license or permit under Chapter
4713. of the Revised Code or Chapter 4709. of the Revised Code has an
unsatisfied final judgment or lien in any court, if the unsatisfied final
judgment or lien is related to the license or permit for a violation of Chapter
4713. of the Revised Code or Chapter 4709. of the Revised Code; (G) Performing or providing services that are not within
the scope of barbering, cosmetology, or branch of cosmetology for which the
individual is licensed, including, but not limited to: (1) Use of a bladed
implement to remove skin cells that are below the stratum corneum, including
dermaplaning, skin leveling, or other similar procedures; (2) Practicing
reflexology; (3) Performing lymphatic
drainage; (4) Tattoo
removal. (H) Is not in good standing with the board.
Last updated February 12, 2024 at 8:44 AM
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Rule 4713-1-10 | Inspection and investigation.
(A) To better protect the general public
and to ensure compliance with Chapters 4709. and 4713. of the Revised Code and
the rules promulgated thereunder, the board may inspect or investigate the
following: (1) Any salon, barber
shop, school, tanning facility, continuing education provider or location in
which the practice of cosmetology or barbering is practiced or taught, or
tanning takes place; (2) Any licensee,
boutique services registration holder, or permit or certificate holder;
or (3) Any person acting as
a licensee, boutique services registration holder, or permit or certificate
holder. (B) The inspector may inspect or
investigate persons holding a license, boutique services registration, or
permit or certificate, or the facilities in which the licensee holders,
boutique services registration holders, and permit or certificate holders work
without prior notice in order to ensure compliance with the board's laws
and rules. (1) Salons, barber shops,
schools, and tanning facilities shall be inspected at least once every two
years. (a) When an inspector finds violations, the inspector shall do a
follow-up inspection to determine if the licensee, permit holder, or boutique
services registration holder has corrected the violations. (2) The salon, barber
shop, school, or facility to be inspected shall be randomly chosen;
and (3) Assignments to
inspect salons, barber shops, schools, and facilities shall be made according
to the policy of the board. (4) The board inspectors
shall make reasonable inspections or investigations during the normal business
hours of the salon, barber shop, school or tanning facility or at the location
where a branch of the cosmetology or barbering profession is being practiced or
demonstrated or taught. (5) If the salon, barber
shop, school, tanning facility, or other location is "open for
business" or has no hours of operation posted, the inspector may conduct
an inspection or investigation whether the doors are locked or
unlocked. (C) If a complaint is filed, an inspector
shall be assigned to investigate the complaint. (D) After any inspection or
investigation, the inspector shall issue a report of the inspection or
investigation on forms provided by the board. (1) The inspector shall sign the
report. (2) The owner, manager, or individual
authorized by the owner to sign shall also sign the report. (3) A copy of the report shall be left
with or electronically-mailed to the owner, manager, or the individual
authorized to physically sign or electronically sign the document. Inspection
reports that are electronically-mailed shall be mailed to the electronic
mailing address of record. (4) The report shall be made available by
the facility upon request. Each facility shall post a board-approved notice, in
a position easily seen by the customers of the facility, that explains how an
individual may obtain a copy of the facility's inspection
reports. (5) Should the inspector find violations
committed by individuals in the facility, the individuals shall be issued a
separate inspection or investigation report that complies with the requirements
of paragraphs (D) to (D)(3) of this rule. (E) Persons being investigated or
inspected shall cooperate with the board inspector or
investigator. (F) Should the board decide to issue a
notice of hearing or opportunity for hearing based upon the cited violations,
the board shall follow the procedure for administrative hearings as set forth
in Chapter 119. of the Revised Code. (1) Any fines or other
punishment shall be as authorized in Chapters 4709. and 4713. of the Revised
Code. (2) A notice of violation
shall be sent to the salon or barber shop owner or school director, as well as
to the salon, barber shop, individual licensee, boutique services registration
holder, permit or certificate holder, or unlicensed individual cited for
violations. (G) The board grants the authority to the
executive director to oversee the inspection and investigation process and to
initiate disciplinary proceedings pursuant to Chapters 4709. and 4713. of the
Revised Code for any violation of Chapters 4709. and 4713. of the Revised Code
and the rules promulgated thereunder, including taking the following
actions: (1) To issue notices of
hearing and opportunity for hearing in accordance with Chapter 119. of the
Revised Code, and (2) To oversee any
disciplinary proceedings permitted in Chapters 4709. and 4713. of the Revised
Code against licensed persons, boutique services registration holders, or
unlicensed individuals practicing cosmetology, a branch of cosmetology, or
barbering, individuals operating a tanning facility, or continuing education or
tanning operator certificate provider for failing to follow the law and rules
of the board.
Last updated November 4, 2024 at 1:40 PM
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Rule 4713-1-11 | Change of status or ownership.
Effective:
January 2, 2025
(A) Any person holding a license,
boutique services registration, or a tanning permit issued under Chapters 4709.
and 4713. of the Revised Code must inform the board of any change in personal
or professional status that would affect that person's ability to receive
official correspondence related to that person's license. (1) Notice of a change in
status would include marriage, divorce, or official change of name which would
affect that person's license or boutique services
registration. (2) Students in a
licensed school who incur a name change during the period of training need not
provide such notice until at the time of application for the state exam and/or
license. Official documentation of the type of change and effective date of the
change must be provided with the examination application or license
application. (B) Salon, barber shop, school, tanning,
and any other business facility licenses issued by the board are not
transferable from one address to another or from one owner to
another. (1) A licensee that is a
legal business shall report a change in ownership that does not involve a
transfer of the majority ownership or a change in the business location to the
board within thirty days, but is not required to obtain a new license for the
business. (2) Any licensee
transferring majority ownership or the physical location of a licensed salon,
barber shop, or other business with the exception of a school or tanning
facility, licensed by the board shall apply for a new license or permit within
thirty days of the change. The business that has undergone a change of
ownership is permitted to open or offer services while a timely application is
processed and is subject to the board's approval. (3) A licensed salon,
barber shop, tanning facility, or other business licensed by the board that
changes its designated space within a mall, office building, nursing home, or
other facility is exempted from the requirement to obtain a new license if the
business meets the following: (a) The business' physical address does not change;
and (b) The business notifies the board of the change within thirty
days.
Last updated January 2, 2025 at 1:21 PM
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Rule 4713-1-12 | Signs.
Effective:
January 2, 2025
(A) Every salon, barber shop, school, or
tanning facility licensed or permitted by the board shall have a sign stating
in English the name of the business as submitted in the salon, barber shop,
school, or tanning facility's application to the board. A barber shop may
display a "barber pole," as described in division (G) of section
4709.01 of the Revised Code, in lieu of a sign. (B) A school shall have words on its sign
or shall have an additional sign identifying it as an educational institution.
A school may not display an actual barber pole on its premises. (C) A salon, barber shop, school, or
tanning facility may have additional information on the sign as long as the
sign meets the minimum requirements. (D) A licensed facility shall display
proper signage at its entrance in a manner clearly visible from the street. A
business located within a mall, office building, nursing home, department
store, or other facility shall be exempt from the requirement and the sign
shall be displayed at the entrance of the business. (E) An independent contractor working in
a salon or barber shop may have the independent contractor's name
attached to the salon's or barber shop's sign or may rely on the sign
of the salon owner for purposes of identification to the general
public. (F) All signs shall meet any local zoning
or other requirements. (G) In accordance with all other
applicable provisions herein, salons and barbershops operating in memory care
facilities and nursing homes but are not open to the general public are
permitted to display barber poles and exempt from division (E) of section
4709.01 of the Revised Code.
Last updated January 2, 2025 at 1:22 PM
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Rule 4713-1-13 | Board of cosmetology policy concerning access to confidential personal information.
Effective:
February 21, 2019
(A) Authority In late 2008, in response to the "Joe the
Plumber" case, the 127th General Assembly, through HB 648, enacted
section 1347.15 of the Revised Code. Section 1347.15 of the Revised Code
requires all state agencies to adopt rules, policies and procedures that
regulate employees' access to confidential personal information kept by
the agency. (B) Purpose This rule is designed to regulate access to the
confidential personal information that is kept by the board. (C) Application and scope This rule applies to all records kept by the
board, whether in electronic or paper form. Likewise, this rule applies to all
employees of the board and to all persons who are granted access, for valid
business reasons, to the records of the board that may contain confidential
personal information. (D) Definitions As used in section 1347.15 of the Revised Code
and in this rule, the following definitions apply: (1) "Confidential
personal information" means personal information that is not a public
record for purposes of section 149.43 of the Revised Code. This includes
information such as a social security number, a criminal records check result,
or a disciplinary file. Simply put, if you have to redact it before releasing
the information in response to a public records request, it probably is
confidential personal information; (2) "Personal" refers to information about a natural
person or individual as used in division (A)(2)(b)(5) of section 1347.12 of the
Revised Code; (3) "State
agency" does not include the courts or any judicial agency, any
state-assisted institution of higher education, or any local
agency; (4) "Records"
has the same meaning as set forth in division (G) of section 149.011 of the
Revised Code, and (5) "System"
means any collection or group of information including, but not limited to,
electronic or paper files, databases, or any externally accessed source not
under direct control of the board. (E) Criteria for "Access to
Confidential Personal Information", division (B)(1) of section 1347.15 of
the Revised Code requires that every state agency, including the board, develop
criteria for determining which of its employees may have access to confidential
personal information, and which supervisors may authorize those employees to
have access. Employees of the board (including board members) shall maintain
confidentiality regarding confidential personal information acquired while
employed by the board, including, but not limited to, social security numbers
of applicants/licensees/boutique services registration holders, and information
obtained in the course of an investigation, including client records contained
in investigative files. Confidentiality must be maintained both during and
after employment with the board as required by Ohio ethics laws. Access to
confidential personal information shall be granted at the lowest level
necessary that allows for an individual to perform his/her assigned duties in
order to minimize the potential impact to the public. For the board, the
following criteria apply: (1) The executive
director and the managers as selected by the executive director may have
unlimited access to any and all confidential personal information in the
possession of the board; (2) The executive
director may delegate to the staff involved with administrative violations
unlimited access to any and all confidential personal information contained in
the Ohio official licensing system and paper files related to individuals
licensed by the board and individuals applying for licensure with the board;
any and all confidential personal information contained in criminal records
checks results for individuals applying for licensure or boutique services
registration with the board; (3) The staff members
working on granting licenses, boutique services registrations, or permits and
renewing licenses, boutique services registrations, or permits may have
unlimited access to any and all confidential personal information contained in
the Ohio official licensing system and paper files related to individuals
licensed or issued boutique services registrations by the board and individuals
applying for licensure or boutique services registration with the board; and
any and all confidential personal information contained in criminal records
checks results for individuals applying for licensure or boutique services
registration with the board including test results; (4) The investigators,
inspectors and compliance coordinator may have unlimited access to any and all
confidential personal information contained in disciplinary files related to
alleged violations of the board's law; any and all confidential personal
information contained in the Ohio official licensing system and paper files
related to individuals licensed or issued boutique services registrations by
the board and individuals applying for licensure or boutique services
registration with the board, and any and all confidential personal information
contained in criminal records checks results for individuals who apply for
licensure or boutique services registration with the board. In addition, the
compliance coordinator may have unlimited access to confidential test questions
and test procedures as well as test results; (5) The board's
fiscal and human resources staff may have access to all personnel records of
the board and all financial records contained on paper or in OAKS or "My
Ohio"; (6) The examination and
testing staff may have unlimited access to any and all confidential personal
information contained in the Ohio official licensing system and paper files
related to individuals licensed or issued boutique services registrations by
the board and individuals that are part of a continuing education or testing
process; (7) The board members
serving on a personnel committee may have unlimited access to any and all
confidential personal information contained in disciplinary files related to
alleged violations of the appropriate law or rule; (8) All board employees
are entitled to access their own OAKS or "My Ohio" information and
all other confidential personal information kept on file for payroll and other
time and hour functions; (9) Board employees who
serve the agency in a supervisory capacity may authorize any other board
employee in their direct line of supervision or others who may be working with
the board in the course of normal business functions to have access to
confidential personal information that is acquired by or in the possession of
the board. The board organizational chart denotes those employees who serve in
supervisory capacities; and (10) The board's
assistant attorney general or any attorney or attorneys assigned by the
attorney general to the board may have access to any files necessary to prepare
for a hearing or to provide the board with a requested informal legal
opinion. (11) Access to
electronically stored data shall be granted through the use of assigned
passwords. (F) The following systems contain
confidential personal information held by the board: (1) The Ohio official
licensing system contains social security numbers and investigative
information, and (2) The electronic
document management system contains social security numbers on documents
including applications, supporting documents and investigative
files. (G) Rational access to confidential
personal information. Board employees are only permitted to access confidential
personal information that is acquired by or in the possession of the agency for
valid business reasons. Specifically, "valid business reasons" are
those reasons that reflect the employee's execution of the duties of the
board as set forth in Chapters 4709. and 4713. of the Revised Code and in
Chapters 4713-1 to 4713-21 of the Administrative Code. Employees are also
permitted to access their individual employment records, which contain
confidential personal information, for time and hour and other payroll
reasons. (H) Statutory and other legal authority
for confidentiality. The term "confidential personal information"
is defined by sections 1347.15 and 149.43 of the Revised Code. Other state and
federal statutes, and even case law, may add to the collection of information
that is classified as "confidential personal information" (see,
e.g.: The Health Insurance Portability and Accountability Act of 1996 [HIPAA],
which makes confidential certain health information, or State ex rel. Office of
Montgomery Cty. Public Defender v. Siroki (2006), 108 Ohio St. 3d 207,
2006-Ohio-662, concerning Social Security Numbers). An exhaustive list cannot
be attached. Consequently, board employees should contact the executive
director before accessing a record if they are unsure if it contains
confidential personal information. In addition, some personal information may be
deemed confidential under section 4713.24 of the Revised Code, which makes
confidential the questions for and results of the licensing examination. The Ohio supreme court has held that although
the federal Privacy Act (5 U.S.C 552a) does not expressly prohibit release of
one's SSN, the act does create an expectation of privacy as to the use
and disclosure of the SSN. (I) Existing computer systems and
computer upgrades. In the event that the board intends to upgrade its existing
computer system or purchase any new computer system that stores, manages, or
contains confidential personal information, the new system and/or upgrades
shall contain a mechanism for recording specific access by employees of the
board to the confidential personal information. Until an upgrade or new acquisition of such a
computer system is made, employees accessing confidential personal information
should keep a log that records access of the confidential personal
information. (J) Requests for information from
individuals. From time to time, the board may receive requests from individuals
who want to know what confidential personal information is kept by this agency.
Only written requests will receive a response. Board employees receiving such a
request shall consult with the executive director before any response is
provided. (K) Access for invalid reasons. Even
though there are appropriate safeguards for protecting the confidentiality of
personal information, it is possible that an employee of the board might gain
access to such information for invalid reasons. Should an incident of invalid
access occur, the executive director or the director's designee will
advise the individual whose information was invalidly accessed of the breach of
confidentiality as soon as is reasonably possible. However, if such notice
would compromise the outcome of an investigation, notice may be provided upon
completion of the investigation. (L) Data privacy point of contact. By
law, the board must appoint a data privacy point of contact. That individual
will work with the state's chief privacy office to ensure that
confidential personal information is properly protected and that the
requirements of section 1347.15 of the Revised Code are satisfied. The data
privacy point of contact will be responsible for completing a privacy impact
assessment form(s) for the board. The executive director shall serve as the
board's data privacy point of contact. (M) Use of authentication
measure Every board employee is required to have a
personal and secure password for his or her computer. Through that computer,
the employee may be able to access confidential personal information. Board
employees are to keep passwords confidential and are prohibited from using
their own passwords to log onto systems for non-employees or other
persons. (N) Training and publication of
policy The board will develop a training program for
all its employees so that those employees are made aware of all the rules,
laws, and policies governing their access to confidential personal information.
In addition, this policy will be copied and distributed to each board employee
for inclusion in the employee's policy and procedure manual. Employees
will acknowledge receipt of the copy in writing. Amendments to this rule will
be distributed and acknowledged in the same way. Further, a copy of this rule
will be prominently posted in a conspicuous place in the board office and
posted on the board website. (O) Disciplinary measures for
violations No employee of the board shall knowingly access,
use, or disclose confidential personal information for reasons that would
violate this rule. Knowingly accessing, using, or disclosing confidential
personal information in violation of this rule is a first degree misdemeanor,
is cause for immediate termination from employment, and is cause for
prohibition on future employment with the state.
Last updated November 4, 2024 at 1:40 PM
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Rule 4713-1-14 | Trafficking education.
Effective:
January 2, 2025
(A) All licensees and students shall
receive training on human trafficking either while enrolled in a school or
through a continuing education program. Individuals currently holding licenses
issued by the board and who must complete training on human trafficking through
a continuing education program shall do so in accordance with policy
established by the board. Individuals applying for reciprocity shall complete
training on human trafficking prior to the issuance of a license. (B) As required under section 5502.63 of
the Revised Code, salons, barber shops, schools, and tanning facilities are
encouraged to display posters prepared by the division of criminal justice
services in the Ohio department of public safety to alert any victim of human
trafficking, or persons that know victims of human trafficking, of available
services.
Last updated January 2, 2025 at 1:22 PM
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Rule 4713-1-15 | Fines, requests for extension of payment, penalties, and interest.
Effective:
January 2, 2025
(A) In accordance with division (E)(1) of
section 4713.64 of the Revised Code, the board may impose a separate fine for
each offense listed in division (A) of section 4713.64 of the Revised Code.
Fine amounts imposed shall be in accordance with division (E)(1) of section
4713.64 of the Revised Code. (B) All orders or consent agreements
adopted as orders by the board that impose a fine shall specify that payment is
due thirty days after the date the board issues the order of the board, which
shall be the date of mailing of the certified copy of the board order that
stipulates the fine amount. Upon the board's motion or upon written
request of the violator within ten days of the the date the board issues the
order of the board, the board may extend the date the fine must be paid up to
ninety days after the date the order of the board was issued. Violators may
request an extension from the board pursuant to this rule if they provide
evidence of an unusual hardship that prevents timely payment. Unusual hardship
shall include, but is not limited to, loss of income due to job loss,
unforeseen illness or hospitalization, and catastrophic property loss. The
determination to extend the due date of a fine payment and the number of days
the payment will be extended shall be delegated to the executive director of
the board, who shall prepare a monthly summary report and file such report at
each regular business meeting. (C) If fines remain unpaid on the ninety-first day after
the board issues the order, the board shall certify the total amount due to the
Ohio attorney general, in compliance with division (E)(6) of section 4713.64 of
the Revised Code.
Last updated January 2, 2025 at 1:22 PM
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Rule 4713-1-16 | Abandonment of Applications.
Effective:
September 4, 2018
(A) An application for a license, permit,
or registration issued by the board shall be deemed abandoned, and an applicant
shall be required to submit a new application and fee, where applicable, if any
of the following apply: (1) The application remains incomplete for a period of six
months from the date the applicant is notified of any deficiency; (2) The applicant fails to pass any necessary
examination(s) within twelve months from the date the applicant is initially
scheduled to take the examination(s); or (3) The applicant fails to meet any other license
requirement within twelve months from the date the applicant is notified of the
deficiency. (B) All notices required under this section shall be sent
to the electronic mail address of the applicant on file with the board. Notice
shall be deemed complete upon transmission of the electronic mail.
Last updated May 18, 2023 at 1:12 PM
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Rule 4713-1-17 | Fees.
Effective:
January 2, 2025
The state cosmetology and barber board shall charge
and collect the following fees: (A) For a temporary pre-examination work
permit under section 4709.071 or 4713.22 of the Revised Code, fifteen
dollars; (B) For initial application to take an
examination under section 4713.24 of the Revised Code, forty dollars. For
initial application to take an examination under section 4709.07 of the Revised
Code, fifty-five dollars; (C) For application to take an
examination by an applicant who has previously applied to take, but failed to
appear for, the examination, fifty dollars; (D) For application to re-take an
examination under section 4713.24 of the Revised Code by an applicant who has
previously appeared for, but failed to pass, the examination, thirty-five
dollars. For application to re-take an examination under Chapter 4709. of the
Revised Code by an applicant who has previously appeared for, but failed to
pass, the examination, thirty-five dollars per section to be
retaken; (E) For the issuance of a license under
section 4713.28, 4713.30, or 4713.31 of the Revised Code, forty-five dollars.
For the issuance of a license under section 4709.07 of the Revised Code, thirty
dollars; (F) For the examination and issuance of a
license under section 4709.072 of the Revised Code, eighty-five
dollars; (G) For the issuance of a license under
section 4709.08 or 4713.34 of the Revised Code, seventy dollars; (H) For renewal of a license issued under
section 4713.28, 4713.30, 4713.31, or 4713.34 of the Revised Code, fifty-five
dollars prior to June 30, 2025. For the biennial renewal of the license to
practice as a barber, one hundred ten dollars prior to June 30, 2025. For the
renewal of a biennial barber teacher or assistant barber teacher license, one
hundred fifty dollars prior to June 30, 2025. For renewal of a license issued
or in escrow under section 4709.07, 4709.072, 4709.111, 4713.28, 4713.30,
4713.31, 4713.34, or 4713.61 of the Revised Code, sixty-five dollars after June
30, 2025; (I) For the issuance or renewal of an
independent contractor license under section 4709.09 or 4713.39 of the Revised
Code, the amounts set forth in rule 4713-13-02 of the Administrative
Code; (J) For the issuance or renewal of a
school license, two hundred fifty dollars; (K) For the issuance of a new salon or
barber shop license or the change of name or ownership of a salon or barber
shop license under section 4709.09 or 4713.41 of the Revised Code, eighty-five
dollars; (L) For the renewal of a salon license
under section 4713.41 of the Revised Code, seventy dollars prior to June 30.
2025. For the renewal of a salon or barber shop license under section 4709.09
or 4713.41 of the Revised Code, seventy-five dollars after June 30.
2025; (M) For the issuance or renewal of a
tanning permit under section 4713.48 of the Revised Code, the amounts set forth
in rule 4713-19-01 of the Administrative Code; (N) For the restoration of an expired
license that may be restored pursuant to section 4713.63 of the Revised Code,
an amount equal to the sum of the current license renewal fee and a lapsed
renewal fee of forty-five dollars per license renewal period that has elapsed
since the license was last issued or renewed for up to three license renewal
periods. For the restoration of an expired license that may be restored
pursuant to section 4709.112 of the Revised Code, current license renewal fee
and a lapsed renewal fee of forty-five dollars per license for each year that
has elapsed since the license was last issued or renewed, provided that the
total fee shall not exceed six hundred ninety dollars. For the restoration of
an expired barber instructor or assistant barber instructor license in
accordance with division (A)(14) of section 4709.12 of the Revised Code, one
hundred ten dollars, and a lapsed renewal fee of forty-five dollars per license
for each year that has elapsed since the license was last issued or renewed,
provided that the total fee shall not exceed four hundred fifty
dollars; (O) For placing a license in an inactive
status each biennium, twenty-five dollars; (P) For the issuance of a duplicate of
any license, thirty dollars; (Q) For the preparation and mailing of a
licensee's records to another state for a reciprocity license pursuant to
Chapter 4713. of the Revised Code, fifty dollars. For the preparation and
mailing of a licensee's records to another state for a reciprocity license
pursuant to Chapter 4709. of the Revised Code, forty dollars; (R) For the processing of any fees
related to a check from a licensee returned to the board for insufficient
funds, an additional thirty dollars;
Last updated January 2, 2025 at 1:23 PM
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