As Introduced

134th General Assembly

Regular Session H. B. No. 542

2021-2022

A BILL

To amend sections 2925.01, 3333.26, 4709.01, 4709.07, 4709.08, 4709.09, 4709.11, 4709.12, 4709.14, 4709.99, 4713.01, 4713.02, 4713.06, 4713.07, 4713.071, 4713.08, 4713.081, 4713.09, 4713.10, 4713.14, 4713.141, 4713.16, 4713.17, 4713.25, 4713.28, 4713.30, 4713.31, 4713.34, 4713.35, 4713.39, 4713.41, 4713.46, 4713.49, 4713.55, 4713.56, 4713.58, 4713.59, 4713.60, 4713.61, 4713.62, 4713.63, 4713.64, 4713.641, 4713.66, and 4713.69; to enact new sections 4709.02, 4709.03, 4709.05, 4709.10, 4709.13, 4713.44, and 4713.45 and sections 4709.031, 4709.051, 4709.071, 4709.072, 4709.073, 4709.091, 4709.111, and 4709.112; and to repeal sections 4709.02, 4709.03, 4709.05, 4709.10, 4709.13, 4709.23, 4713.26, 4713.36, 4713.44, and 4713.45 of the Revised Code to make changes to the law governing the regulation of cosmetologists and barbers.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2925.01, 3333.26, 4709.01, 4709.07, 4709.08, 4709.09, 4709.11, 4709.12, 4709.14, 4709.99, 4713.01, 4713.02, 4713.06, 4713.07, 4713.071, 4713.08, 4713.081, 4713.09, 4713.10, 4713.14, 4713.141, 4713.16, 4713.17, 4713.25, 4713.28, 4713.30, 4713.31, 4713.34, 4713.35, 4713.39, 4713.41, 4713.46, 4713.49, 4713.55, 4713.56, 4713.58, 4713.59, 4713.60, 4713.61, 4713.62, 4713.63, 4713.64, 4713.641, 4713.66, and 4713.69 be amended and new sections 4709.02, 4709.03, 4709.05, 4709.10, 4709.13, 4713.44, and 4713.45 and sections 4709.031, 4709.051, 4709.071, 4709.072, 4709.073, 4709.091, 4709.111, and 4709.112 of the Revised Code be enacted to read as follows:

Sec. 2925.01. As used in this chapter:

(A) "Administer," "controlled substance," "controlled substance analog," "dispense," "distribute," "hypodermic," "manufacturer," "official written order," "person," "pharmacist," "pharmacy," "sale," "schedule I," "schedule II," "schedule III," "schedule IV," "schedule V," and "wholesaler" have the same meanings as in section 3719.01 of the Revised Code.

(B) "Drug dependent person" and "drug of abuse" have the same meanings as in section 3719.011 of the Revised Code.

(C) "Drug," "dangerous drug," "licensed health professional authorized to prescribe drugs," and "prescription" have the same meanings as in section 4729.01 of the Revised Code.

(D) "Bulk amount" of a controlled substance means any of the following:

(1) For any compound, mixture, preparation, or substance included in schedule I, schedule II, or schedule III, with the exception of any controlled substance analog, marihuana, cocaine, L.S.D., heroin, any fentanyl-related compound, and hashish and except as provided in division (D)(2), (5), or (6) of this section, whichever of the following is applicable:

(a) An amount equal to or exceeding ten grams or twenty-five unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I opiate or opium derivative;

(b) An amount equal to or exceeding ten grams of a compound, mixture, preparation, or substance that is or contains any amount of raw or gum opium;

(c) An amount equal to or exceeding thirty grams or ten unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I hallucinogen other than tetrahydrocannabinol or lysergic acid amide, or a schedule I stimulant or depressant;

(d) An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II opiate or opium derivative;

(e) An amount equal to or exceeding five grams or ten unit doses of a compound, mixture, preparation, or substance that is or contains any amount of phencyclidine;

(f) An amount equal to or exceeding one hundred twenty grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant that is in a final dosage form manufactured by a person authorized by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and the federal drug abuse control laws, as defined in section 3719.01 of the Revised Code, that is or contains any amount of a schedule II depressant substance or a schedule II hallucinogenic substance;

(g) An amount equal to or exceeding three grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant, or any of its salts or isomers, that is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act and the federal drug abuse control laws.

(2) An amount equal to or exceeding one hundred twenty grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III or IV substance other than an anabolic steroid or a schedule III opiate or opium derivative;

(3) An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III opiate or opium derivative;

(4) An amount equal to or exceeding two hundred fifty milliliters or two hundred fifty grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule V substance;

(5) An amount equal to or exceeding two hundred solid dosage units, sixteen grams, or sixteen milliliters of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III anabolic steroid;

(6) For any compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and any other compound, mixture, preparation, or substance included in schedule III, schedule IV, or schedule V, if the defendant is charged with a violation of section 2925.11 of the Revised Code and the sentencing provisions set forth in divisions (C)(10)(b) and (C)(11) of that section will not apply regarding the defendant and the violation, the bulk amount of the controlled substance for purposes of the violation is the amount specified in division (D)(1), (2), (3), (4), or (5) of this section for the other schedule III, IV, or V controlled substance that is combined with the fentanyl-related compound.

(E) "Unit dose" means an amount or unit of a compound, mixture, or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual.

(F) "Cultivate" includes planting, watering, fertilizing, or tilling.

(G) "Drug abuse offense" means any of the following:

(1) A violation of division (A) of section 2913.02 that constitutes theft of drugs, or a violation of section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code;

(2) A violation of an existing or former law of this or any other state or of the United States that is substantially equivalent to any section listed in division (G)(1) of this section;

(3) An offense under an existing or former law of this or any other state, or of the United States, of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using, or otherwise dealing with a controlled substance is an element;

(4) A conspiracy to commit, attempt to commit, or complicity in committing or attempting to commit any offense under division (G)(1), (2), or (3) of this section.

(H) "Felony drug abuse offense" means any drug abuse offense that would constitute a felony under the laws of this state, any other state, or the United States.

(I) "Harmful intoxicant" does not include beer or intoxicating liquor but means any of the following:

(1) Any compound, mixture, preparation, or substance the gas, fumes, or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, and includes, but is not limited to, any of the following:

(a) Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline, or other preparation containing a volatile organic solvent;

(b) Any aerosol propellant;

(d) Any anesthetic gas.

(2) Gamma Butyrolactone;

(3) 1,4 Butanediol.

(J) "Manufacture" means to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug, by propagation, extraction, chemical synthesis, or compounding, or any combination of the same, and includes packaging, repackaging, labeling, and other activities incident to production.

(K) "Possess" or "possession" means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.

(L) "Sample drug" means a drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a licensed health professional authorized to prescribe drugs, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.

(M) "Standard pharmaceutical reference manual" means the current edition, with cumulative changes if any, of references that are approved by the state board of pharmacy.

(N) "Juvenile" means a person under eighteen years of age.

(O) "Counterfeit controlled substance" means any of the following:

(1) Any drug that bears, or whose container or label bears, a trademark, trade name, or other identifying mark used without authorization of the owner of rights to that trademark, trade name, or identifying mark;

(2) Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packed, or distributed by a person other than the person that manufactured, processed, packed, or distributed it;

(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance;

(4) Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size, and color, or its markings, labeling, packaging, distribution, or the price for which it is sold or offered for sale.

(P) An offense is "committed in the vicinity of a school" if the offender commits the offense on school premises, in a school building, or within one thousand feet of the boundaries of any school premises, regardless of whether the offender knows the offense is being committed on school premises, in a school building, or within one thousand feet of the boundaries of any school premises.

(Q) "School" means any school operated by a board of education, any community school established under Chapter 3314. of the Revised Code, or any nonpublic school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a criminal offense is committed.

(R) "School premises" means either of the following:

(1) The parcel of real property on which any school is situated, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the premises at the time a criminal offense is committed;

(2) Any other parcel of real property that is owned or leased by a board of education of a school, the governing authority of a community school established under Chapter 3314. of the Revised Code, or the governing body of a nonpublic school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code and on which some of the instruction, extracurricular activities, or training of the school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the parcel of real property at the time a criminal offense is committed.

(S) "School building" means any building in which any of the instruction, extracurricular activities, or training provided by a school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted in the school building at the time a criminal offense is committed.

(T) "Disciplinary counsel" means the disciplinary counsel appointed by the board of commissioners on grievances and discipline of the supreme court under the Rules for the Government of the Bar of Ohio.

(U) "Certified grievance committee" means a duly constituted and organized committee of the Ohio state bar association or of one or more local bar associations of the state of Ohio that complies with the criteria set forth in Rule V, section 6 of the Rules for the Government of the Bar of Ohio.

(V) "Professional license" means any license, permit, certificate, registration, qualification, admission, temporary license, temporary permit, temporary certificate, or temporary registration that is described in divisions (W)(1) to (37) of this section and that qualifies a person as a professionally licensed person.

(W) "Professionally licensed person" means any of the following:

(1) A person who has received a certificate or temporary certificate as a certified public accountant or who has registered as a public accountant under Chapter 4701. of the Revised Code and who holds an Ohio permit issued under that chapter;

(2) A person who holds a certificate of qualification to practice architecture issued or renewed and registered under Chapter 4703. of the Revised Code;

(3) A person who is registered as a landscape architect under Chapter 4703. of the Revised Code or who holds a permit as a landscape architect issued under that chapter;

(4) A person licensed under Chapter 4707. of the Revised Code;

(5) A person who has been issued a ~~certificate of registration as a registered~~ barber's license, barber instructor's license, assistant barber instructor's license, or independent contractor's license under Chapter 4709. of the Revised Code;

(6) A person licensed and regulated to engage in the business of a debt pooling company by a legislative authority, under authority of Chapter 4710. of the Revised Code;

(7) A person who has been issued a cosmetologist's license, hair designer's license, manicurist's license, esthetician's license, natural hair stylist's license, advanced ~~cosmetologist's~~ license to practice cosmetology, advanced ~~hair designer's~~ license to practice hair design, advanced ~~manicurist's~~ license to practice manicuring, advanced ~~esthetician's~~ license to practice esthetics, advanced ~~natural hair stylist's~~ license to practice natural hair styling, cosmetology instructor's license, hair design instructor's license, manicurist instructor's license, esthetics instructor's license, natural hair style instructor's license, independent contractor's license, or tanning facility permit under Chapter 4713. of the Revised Code;

(8) A person who has been issued a license to practice dentistry, a general anesthesia permit, a conscious sedation permit, a limited resident's license, a limited teaching license, a dental hygienist's license, or a dental hygienist's teacher's certificate under Chapter 4715. of the Revised Code;

(9) A person who has been issued an embalmer's license, a funeral director's license, a funeral home license, or a crematory license, or who has been registered for an embalmer's or funeral director's apprenticeship under Chapter 4717. of the Revised Code;

(10) A person who has been licensed as a registered nurse or practical nurse, or who has been issued a certificate for the practice of nurse-midwifery under Chapter 4723. of the Revised Code;

(11) A person who has been licensed to practice optometry or to engage in optical dispensing under Chapter 4725. of the Revised Code;

(12) A person licensed to act as a pawnbroker under Chapter 4727. of the Revised Code;

(13) A person licensed to act as a precious metals dealer under Chapter 4728. of the Revised Code;

(14) A person licensed under Chapter 4729. of the Revised Code as a pharmacist or pharmacy intern or registered under that chapter as a registered pharmacy technician, certified pharmacy technician, or pharmacy technician trainee;

(15) A person licensed under Chapter 4729. of the Revised Code as a manufacturer of dangerous drugs, outsourcing facility, third-party logistics provider, repackager of dangerous drugs, wholesale distributor of dangerous drugs, or terminal distributor of dangerous drugs;

(16) A person who is authorized to practice as a physician assistant under Chapter 4730. of the Revised Code;

(17) A person who has been issued a license to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery under Chapter 4731. of the Revised Code or has been issued a certificate to practice a limited branch of medicine under that chapter;

(18) A person licensed as a psychologist or school psychologist under Chapter 4732. of the Revised Code;

(19) A person registered to practice the profession of engineering or surveying under Chapter 4733. of the Revised Code;

(20) A person who has been issued a license to practice chiropractic under Chapter 4734. of the Revised Code;

(21) A person licensed to act as a real estate broker or real estate salesperson under Chapter 4735. of the Revised Code;

(22) A person registered as a registered environmental health specialist under Chapter 4736. of the Revised Code;

(23) A person licensed to operate or maintain a junkyard under Chapter 4737. of the Revised Code;

(24) A person who has been issued a motor vehicle salvage dealer's license under Chapter 4738. of the Revised Code;

(25) A person who has been licensed to act as a steam engineer under Chapter 4739. of the Revised Code;

(26) A person who has been issued a license or temporary permit to practice veterinary medicine or any of its branches, or who is registered as a graduate animal technician under Chapter 4741. of the Revised Code;

(27) A person who has been issued a hearing aid dealer's or fitter's license or trainee permit under Chapter 4747. of the Revised Code;

(28) A person who has been issued a class A, class B, or class C license or who has been registered as an investigator or security guard employee under Chapter 4749. of the Revised Code;

(29) A person licensed to practice as a nursing home administrator under Chapter 4751. of the Revised Code;

(30) A person licensed to practice as a speech-language pathologist or audiologist under Chapter 4753. of the Revised Code;

(31) A person issued a license as an occupational therapist or physical therapist under Chapter 4755. of the Revised Code;

(32) A person who is licensed as a licensed professional clinical counselor, licensed professional counselor, social worker, independent social worker, independent marriage and family therapist, or marriage and family therapist, or registered as a social work assistant under Chapter 4757. of the Revised Code;

(33) A person issued a license to practice dietetics under Chapter 4759. of the Revised Code;

(34) A person who has been issued a license or limited permit to practice respiratory therapy under Chapter 4761. of the Revised Code;

(35) A person who has been issued a real estate appraiser certificate under Chapter 4763. of the Revised Code;

(36) A person who has been issued a home inspector license under Chapter 4764. of the Revised Code;

(37) A person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules.

(X) "Cocaine" means any of the following:

(1) A cocaine salt, isomer, or derivative, a salt of a cocaine isomer or derivative, or the base form of cocaine;

(2) Coca leaves or a salt, compound, derivative, or preparation of coca leaves, including ecgonine, a salt, isomer, or derivative of ecgonine, or a salt of an isomer or derivative of ecgonine;

(3) A salt, compound, derivative, or preparation of a substance identified in division (X)(1) or (2) of this section that is chemically equivalent to or identical with any of those substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves if the extractions do not contain cocaine or ecgonine.

(Y) "L.S.D." means lysergic acid diethylamide.

(Z) "Hashish" means a resin or a preparation of a resin to which both of the following apply:

(1) It is contained in or derived from any part of the plant of the genus cannabis, whether in solid form or in a liquid concentrate, liquid extract, or liquid distillate form.

(2) It has a delta-9 tetrahydrocannabinol concentration of more than three-tenths per cent.

"Hashish" does not include a hemp byproduct in the possession of a licensed hemp processor under Chapter 928. of the Revised Code, provided that the hemp byproduct is being produced, stored, and disposed of in accordance with rules adopted under section 928.03 of the Revised Code.

(AA) "Marihuana" has the same meaning as in section 3719.01 of the Revised Code, except that it does not include hashish.

(BB) An offense is "committed in the vicinity of a juvenile" if the offender commits the offense within one hundred feet of a juvenile or within the view of a juvenile, regardless of whether the offender knows the age of the juvenile, whether the offender knows the offense is being committed within one hundred feet of or within view of the juvenile, or whether the juvenile actually views the commission of the offense.

(CC) "Presumption for a prison term" or "presumption that a prison term shall be imposed" means a presumption, as described in division (D) of section 2929.13 of the Revised Code, that a prison term is a necessary sanction for a felony in order to comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code.

(DD) "Major drug offender" has the same meaning as in section 2929.01 of the Revised Code.

(EE) "Minor drug possession offense" means either of the following:

(1) A violation of section 2925.11 of the Revised Code as it existed prior to July 1, 1996;

(2) A violation of section 2925.11 of the Revised Code as it exists on and after July 1, 1996, that is a misdemeanor or a felony of the fifth degree.

(FF) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.

(GG) "Adulterate" means to cause a drug to be adulterated as described in section 3715.63 of the Revised Code.

(HH) "Public premises" means any hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort.

(II) "Methamphetamine" means methamphetamine, any salt, isomer, or salt of an isomer of methamphetamine, or any compound, mixture, preparation, or substance containing methamphetamine or any salt, isomer, or salt of an isomer of methamphetamine.

(JJ) "Deception" has the same meaning as in section 2913.01 of the Revised Code.

(KK) "Fentanyl-related compound" means any of the following:

(1) Fentanyl;

(2) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4- piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);

(3) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4- piperidinyl]-N-phenylpropanamide);

(4) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl] -N-phenylpropanamide);

(5) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2- phenethyl)-3-methyl-4-piperidinyl]-N- phenylpropanamide);

(6) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);

(7) 3-methylthiofentanyl (N-[3-methyl-1-[2-(thienyl)ethyl]-4- piperidinyl]-N-phenylpropanamide);

(8) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]propanamide;

(9) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;

(10) Alfentanil;

(11) Carfentanil;

(12) Remifentanil;

(13) Sufentanil;

(14) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4- piperidinyl]-N-phenylacetamide); and

(15) Any compound that meets all of the following fentanyl pharmacophore requirements to bind at the mu receptor, as identified by a report from an established forensic laboratory, including acetylfentanyl, furanylfentanyl, valerylfentanyl, butyrylfentanyl, isobutyrylfentanyl, 4-methoxybutyrylfentanyl, para-fluorobutyrylfentanyl, acrylfentanyl, and ortho-fluorofentanyl:

(a) A chemical scaffold consisting of both of the following:

(i) A five, six, or seven member ring structure containing a nitrogen, whether or not further substituted;

(ii) An attached nitrogen to the ring, whether or not that nitrogen is enclosed in a ring structure, including an attached aromatic ring or other lipophilic group to that nitrogen.

(b) A polar functional group attached to the chemical scaffold, including but not limited to a hydroxyl, ketone, amide, or ester;

(d) The compound has not been approved for medical use by the United States food and drug administration.

(LL) "First degree felony mandatory prison term" means one of the definite prison terms prescribed in division (A)(1)(b) of section 2929.14 of the Revised Code for a felony of the first degree, except that if the violation for which sentence is being imposed is committed on or after March 22, 2019, it means one of the minimum prison terms prescribed in division (A)(1)(a) of that section for a felony of the first degree.

(MM) "Second degree felony mandatory prison term" means one of the definite prison terms prescribed in division (A)(2)(b) of section 2929.14 of the Revised Code for a felony of the second degree, except that if the violation for which sentence is being imposed is committed on or after March 22, 2019, it means one of the minimum prison terms prescribed in division (A)(2)(a) of that section for a felony of the second degree.

(NN) "Maximum first degree felony mandatory prison term" means the maximum definite prison term prescribed in division (A)(1)(b) of section 2929.14 of the Revised Code for a felony of the first degree, except that if the violation for which sentence is being imposed is committed on or after March 22, 2019, it means the longest minimum prison term prescribed in division (A)(1)(a) of that section for a felony of the first degree.

(OO) "Maximum second degree felony mandatory prison term" means the maximum definite prison term prescribed in division (A)(2)(b) of section 2929.14 of the Revised Code for a felony of the second degree, except that if the violation for which sentence is being imposed is committed on or after March 22, 2019, it means the longest minimum prison term prescribed in division (A)(2)(a) of that section for a felony of the second degree.

(PP) "Delta-9 tetrahydrocannabinol" has the same meaning as in section 928.01 of the Revised Code.

Sec. 3333.26. (A) Any citizen of this state who has resided within the state for one year, who was in the active service of the United States as a soldier, sailor, nurse, or marine between April 6, 1917, and November 11, 1918, and who has been honorably discharged from that service, shall be admitted to any school, college, or university that receives state funds in support thereof, without being required to pay any tuition or matriculation fee, but is not relieved from the payment of laboratory or similar fees.

(B)(1) As used in this section:

(a) "Volunteer firefighter" has the meaning as in division (B)(1) of section 146.01 of the Revised Code.

(b) "Public service officer" means an Ohio firefighter, volunteer firefighter, police officer, member of the state highway patrol, employee designated to exercise the powers of police officers pursuant to section 1545.13 of the Revised Code, or other peace officer as defined by division (B) of section 2935.01 of the Revised Code, or a person holding any equivalent position in another state.

(c) "Qualified former spouse" means the former spouse of a public service officer, or of a member of the armed services of the United States, who is the custodial parent of a minor child of that marriage pursuant to an order allocating the parental rights and responsibilities for care of the child issued pursuant to section 3109.04 of the Revised Code.

(d) "Operation enduring freedom" means that period of conflict which began October 7, 2001, and ends on a date declared by the president of the United States or the congress.

(e) "Operation Iraqi freedom" means that period of conflict which began March 20, 2003, and ends on a date declared by the president of the United States or the congress.

(f) "Combat zone" means an area that the president of the United States by executive order designates, for purposes of 26 U.S.C. 112, as an area in which armed forces of the United States are or have engaged in combat.

(2) Subject to division (D) of this section, any resident of this state who is under twenty-six years of age, or under thirty years of age if the resident has been honorably discharged from the armed services of the United States, who is the child of a public service officer killed in the line of duty or of a member of the armed services of the United States killed in the line of duty during operation enduring freedom or operation Iraqi freedom, and who is admitted to any state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, community college, state community college, university branch, or technical college shall not be required to pay any tuition or any student fee for up to four academic years of education, which shall be at the undergraduate level, or a certificate program as prescribed under division (E) of this section.

A child of a member of the armed services of the United States killed in the line of duty during operation enduring freedom or operation Iraqi freedom is eligible for a waiver of tuition and student fees under this division only if the student is not eligible for a war orphans and severely disabled veterans' children scholarship authorized by Chapter 5910. of the Revised Code. In any year in which the war orphans and severely disabled veterans' children scholarship board reduces the percentage of tuition covered by a war orphans and severely disabled veterans' children scholarship below one hundred per cent pursuant to division (A) of section 5910.04 of the Revised Code, the waiver of tuition and student fees under this division for a child of a member of the armed services of the United States killed in the line of duty during operation enduring freedom or operation Iraqi freedom shall be reduced by the same percentage.

(3) Subject to division (D) of this section, any resident of this state who is the spouse or qualified former spouse of a public service officer killed in the line of duty, and who is admitted to any state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, community college, state community college, university branch, or technical college, shall not be required to pay any tuition or any student fee for up to four academic years of education, which shall be at the undergraduate level, or a certificate program as prescribed under division (E) of this section.

(4) Any resident of this state who is the spouse or qualified former spouse of a member of the armed services of the United States killed in the line of duty while serving in a combat zone after May 7, 1975, and who is admitted to any state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, community college, state community college, university branch, or technical college, shall not be required to pay any tuition or any student fee for up to four years of academic education, which shall be at the undergraduate level, or a certificate program as prescribed under division (E) of this section. In order to qualify under division (B)(4) of this section, the spouse or qualified former spouse shall have been a resident of this state at the time the member was killed in the line of duty.

(C) Any institution that is not subject to division (B) of this section and that holds a valid certificate of registration issued under Chapter 3332. of the Revised Code~~, a valid certificate issued under Chapter 4709. of the Revised Code,~~ or a valid license issued under Chapter 4713. of the Revised Code, or that is nonprofit and has a certificate of authorization issued under section 1713.02 of the Revised Code, or that is a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code, which reduces tuition and student fees of a student who is eligible to attend an institution of higher education under the provisions of division (B) of this section by an amount indicated by the chancellor of higher education shall be eligible to receive a grant in that amount from the chancellor.

Each institution that enrolls students under division (B) of this section shall report to the chancellor, by the first day of July of each year, the number of students who were so enrolled and the average amount of all such tuition and student fees waived during the preceding year. The chancellor shall determine the average amount of all such tuition and student fees waived during the preceding year. The average amount of the tuition and student fees waived under division (B) of this section during the preceding year shall be the amount of grants that participating institutions shall receive under this division during the current year, but no grant under this division shall exceed the tuition and student fees due and payable by the student prior to the reduction referred to in this division. The grants shall be made for two certificate programs or four years of undergraduate education of an eligible student.

(D) Notwithstanding anything to the contrary in section 3333.31 of the Revised Code, for the purposes of divisions (B)(2) and (3) of this section, the child, spouse, or qualified former spouse of a public service officer or a member of the armed services of the United States killed in the line of duty shall be considered a resident of this state for the purposes of this section if the child, spouse, or qualified former spouse was a resident of this state at the time that the public service officer or member of the armed services was killed.

However, no child, spouse, or qualified former spouse of a public service officer or a member of the armed services of the United States killed in the line of duty shall be required to be a resident of this state at the time the public service officer or member of the armed services of the United States was killed in order to receive benefits under divisions (B)(2) and (3) of this section.

(E) A child, spouse, or qualified former spouse of a public service officer or a member of the armed services killed in the line of duty shall receive benefits for a certificate program in accordance with division (B) or (C) of this section, except that a particular child, spouse, or qualified former spouse shall not receive benefits for:

(1) More than two certificate programs;

(2) A total number of academic credits or instructional hours equivalent to more than four academic years;

(3) For any particular academic year, an amount that is greater than eight thousand dollars.

Sec. 4709.01. As used in this chapter:

(A)(1) Except as provided in division (A)(2) of this section, "the practice of barbering" means any one or more of the following when performed upon the head, neck, or face for cosmetic purposes and when performed upon the public for pay, free, or otherwise:

(a) Shaving the face, shaving around the vicinity of the ears and neckline, or trimming facial hair;

(b) Cutting or styling hair;

(d) Shampooing, bleaching, coloring, straightening, or permanent waving hair;

(e) Cutting, fitting, or forming head caps for wigs or hair pieces.

(2) "The practice of barbering" does not include the practice of natural hair styling.

(B) ~~Sanitary means free of infectious agents, disease, or infestation by insects or vermin and free of soil, dust, or foreign material.~~

~~(C)~~ "Barber" means ~~any person~~ an individual who engages in ~~or attempts to engage in~~ the practice of barbering.

~~(D) Barber school means any establishment that engages in or attempts to engage in the teaching of the practice of barbering.~~

~~(E)~~ (C) "Barber ~~teacher~~instructor" means ~~any person who engages in or attempts to engage in the teaching of~~ an individual authorized to teach the theory and practice of barbering.

~~(F)~~ (D) "Assistant barber ~~teacher~~instructor" means ~~any person who assists~~ an individual authorized to assist a barber ~~teacher~~ instructor in ~~the~~ teaching of the theory and practice of barbering.

~~(G)~~ (E) "Barber pole" means a cylinder or pole with alternating stripes of any combination including red and white, and red, white, and blue, which run diagonally along the length of the cylinder or pole.

(F) "Barber shop" means any premises, building, or part of a building in which an individual engages in the practice of barbering.

(G) "Biennial licensing period" means the two-year period beginning on the first day of September of an even-numbered year and ending on the last day of August of the next even-numbered year.

(H) ~~The~~ "Cosmetic therapy," "practice of natural hair styling means work done for a fee or other form of compensation, by any person, utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, extending, locking, or braiding of the hair, and which work does not include the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair," and "school" have the same meanings as in section 4713.01 of the Revised Code.

(I) Braiding means intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, and includes extending the hair with natural or synthetic hair fibers."Independent contractor" means an individual who is not an employee of a barber shop but practices barbering within a barber shop.

(J) "Infection control" means the practice of preventing the spread of infections and disease by ensuring that a barber shop, including all equipment and implements in the barber shop, are maintained by doing all of the following, as applicable:

(1) Removing surface or visible dirt or debris by cleaning with soap, detergent, or a chemical cleaner, followed by rinsing with clean water;

(2) Using a chemical disinfectant to kill or denature bacteria, fungi, and viruses;

(3) Applying heat or using other procedures to eliminate, remove, or kill all forms of microbial life present on a surface or contained in a fluid.

Sec. 4709.02. Except as otherwise provided in this chapter, no individual shall do any of the following:

(A) Engage in the practice of barbering without one of the following:

(1) A current, valid barber license issued under section 4709.07 or 4709.08 of the Revised Code;

(2) A current, valid temporary pre-examination work permit issued under section 4709.071 of the Revised Code.

(B) Operate a barber shop without a current, valid barber shop license issued under section 4709.09 of the Revised Code;

(C) Except as provided in section 4713.45 of the Revised Code, teach or assist in teaching the theory and practice of barbering without a current, valid barber instructor or assistant barber instructor license issued under section 4709.072 of the Revised Code;

(D) Use or display a barber pole for the purpose of advertising or offering barber services without a current, valid barber shop license issued under section 4709.09 of the Revised Code;

(E) Use fraud or deceit in obtaining or applying for a license or permit issued pursuant to this chapter;

(F) Employ an individual to perform the practice of barbering unless the individual holds one of the following:

(1) A current, valid barber license issued under section 4709.07 of the Revised Code;

(2) A current, valid temporary pre-examination work permit issued under section 4709.071 of the Revised Code.

(G) Practice barbering at a barber shop as an independent contractor without a current, valid independent contractor license issued under section 4709.09 of the Revised Code;

(H) Provide any of the following at a barber shop for pay, free, or otherwise:

(1) Massage therapy, unless the individual has a current, valid license issued by the state medical board under section 4731.15 of the Revised Code;

(2) Any other professional service, unless the individual has a current, valid license or certificate issued by the professional regulatory board of this state that regulates the profession;

(3) Cosmetic therapy, unless the individual is authorized by rules adopted under section 4709.05 of the Revised Code.

(I) Practice barbering in a location other than a barber shop unless exempted under section 4709.031 or 4713.351 of the Revised Code;

(J) Aid or abet any individual or entity in any of the following:

(1) Violating this chapter or a rule adopted under it;

(2) Obtaining a license or permit fraudulently;

(3) Falsely pretending to hold a current, valid license or permit.

Sec. 4709.03. (A) The following individuals are exempt from this chapter, except section 4709.091 of the Revised Code, as applicable:

(1) All individuals licensed by this state to practice medicine, surgery, dentistry, or any branch of medicine, surgery, or dentistry, while acting within the scope of practice for the license, permit, or certificate held;

(2) Commissioned medical or surgical officers of the United States army, navy, air force, or marine hospital service, and attendants attached to the same, while acting within the scope of practice for the license, permit, or certificate held;

(3) Nurses licensed under Chapter 4723. of the Revised Code, while acting within the scope of practice for the license or certificate held;

(4) Cosmetologists and hair designers licensed under Chapter 4713. of the Revised Code, while acting within the scope of practice for the license or permit held;

(5) Funeral directors, embalmers, and apprentices licensed or certified under Chapter 4717. of the Revised Code, while acting within the scope of practice for the license, permit, or certificate held;

(6) Volunteers of hospitals and homes as defined in section 3721.01 of the Revised Code, who render service to registered patients and inpatients who reside in such hospitals or homes;

(7) Nurse aides and other employees of hospitals and homes as defined in section 3721.01 of the Revised Code, who engage in the practice of barbering on registered patients only as part of general patient care services and who do not charge patients directly on a fee-for-service basis;

(8) Massage therapists who hold current, valid licenses to practice massage therapy issued by the state medical board under section 4731.15 of the Revised Code, while acting within the scope of practice for the license held;

(9) Inmates who provide services related to the practice of barbering to other inmates, except when those services are provided in a licensed barber shop or school within a state correctional institution.

(B) A volunteer described in division (A)(6) of this section shall not use or work with any chemical products such as permanent wave, hair dye, or chemical hair relaxer, which without proper training would pose a health or safety problem to a patient.

(C) The director of rehabilitation and correction shall oversee the services described in division (A)(9) of this section with respect to infection control and adopt rules governing those types of services provided by inmates.

Sec. 4709.031. Nothing in this chapter prohibits an individual holding a license issued under this chapter from practicing barbering on a dead human body at a funeral home or embalming facility licensed under section 4717.06 of the Revised Code.

Sec. 4709.05. (A) In addition to any other duty imposed on the state cosmetology and barber board under this chapter or Chapter 4713. of the Revised Code, the board shall do all of the following:

(1) Regulate the practice of barbering in this state;

(2) Conduct or have conducted the examination for applicants to practice as licensed barbers;

(3) Prescribe and make available application forms to be used by individuals seeking admission to an examination conducted under section 4709.07 of the Revised Code or a license or permit issued under this chapter;

(4) Prescribe and make available application forms to be used by individuals seeking renewal of a license or permit issued under this chapter;

(5) Furnish a copy of the infection control standards adopted pursuant to division (A)(8)(a) of this section to both of the following:

(a) Each individual or person to whom the board issues a barber license or license to operate a barber shop;

(b) Each individual providing cosmetic therapy, massage therapy, or other professional service in a barber shop under section 4709.091 of the Revised Code.

(6) Supply a copy of the poster created pursuant to division (B) of section 5502.63 of the Revised Code to each person authorized to operate a barber shop under this chapter;

(7) Comply with sections 4713.641 and 4713.66 of the Revised Code regarding investigations and inspections;

(8) Adopt rules, in accordance with Chapter 119. of the Revised Code, to administer and enforce this chapter and that cover all of the following:

(a) Infection control standards for the practice of barbering and the operation of barber shops;

(b) The content of the examination required of an applicant for a barber license under section 4709.07 of the Revised Code and the passing score required for the examination;

(c) Conditions an individual must satisfy to qualify for a temporary pre-examination work permit under section 4709.071 of the Revised Code and the conditions and method of renewing a temporary pre-examination work permit under that section;

(d) Requirements for the licensure of barber instructors and assistant barber instructors that are in addition to the requirements specified in section 4709.072 of the Revised Code;

(e) Conditions under which the board will take into account, under section 4709.073 of the Revised Code, instruction an applicant for a license under section 4709.07 or 4709.072 of the Revised Code received more than five years before the date of application for the license;

(f) Conditions an applicant must satisfy for the board to issue the applicant a license under section 4709.08 of the Revised Code without the applicant taking an examination conducted under section 4709.07 of the Revised Code;

(g) Conditions an applicant must satisfy for the board to issue the applicant an independent contractor license under section 4709.09 of the Revised Code and the fee for the issuance and renewal of the license;

(h) Specify which professions regulated by a professional regulatory board of this state may be practiced in a barber shop under section 4709.091 of the Revised Code, including whether cosmetic therapy may be practiced in a barber shop;

(i) Establish standards for the provision of cosmetic therapy, massage therapy, or other professional service in a barber shop pursuant to section 4709.091 of the Revised Code;

(j) If the board, under section 4709.111 of the Revised Code, develops a procedure for classifying licenses inactive, do both of the following:

(i) Establish a fee for having a license classified inactive that reflects the cost to the board of providing the inactive license service;

(ii) Specify the continuing education that an individual whose license has been classified inactive must complete to have the license restored.

(k) Any other area the board determines appropriate to administer or enforce this chapter.

(B) The infection control standards established under division (A)(8)(a) of this section shall focus in particular on precautions to be employed to prevent infectious or contagious diseases being created or spread.

(C) The content of the examination specified in rules adopted under division (A)(8)(b) of this section shall include a practical demonstration and a written test, shall relate only to the practice of barbering, and shall require the applicant to demonstrate that the applicant has a thorough knowledge of and competence in the proper techniques in the safe use of chemicals used in the practice of barbering.

(D) The rules adopted under division (A)(8)(c) of this section may establish additional conditions for a temporary pre-examination work permit under section 4709.071 of the Revised Code that are applicable to individuals who are licensed to practice barbering in another state or country.

(E) The conditions specified in rules adopted under division (A)(8)(f) of this section may include that an applicant is applying for a barber license for which the board determines an examination is unnecessary.

(F) The rules adopted under division (A)(8)(h) of this section shall not include a profession if practice of the profession in a barber shop is a violation of a statute or rule governing the profession.

(G) If the board adopts a procedure for classifying licenses inactive, the continuing education specified under division (A)(8)(j)(ii) of this section shall be sufficient to ensure the minimum competency in the use or administration of a new procedure or product required by a licensee necessary to protect public health and safety. The requirement shall not exceed the cumulative number of hours of continuing education that the individual would have been required to complete had the individual retained an active license.

Sec. 4709.051. (A) The state cosmetology and barber board may adopt rules in accordance with section 4709.05 of the Revised Code to establish a continuing education requirement, not to exceed eight hours in a biennial licensing period, as a condition of renewal for a barber license, barber instructor license, or assistant barber instructor license.

(B) If the board establishes a continuing education requirement under division (A) of this section, an individual holding a barber license, barber instructor license, or assistant barber instructor license shall satisfy the requirement by completing a continuing education program approved in accordance with division (B) of section 4713.62 of the Revised Code.

These hours may include training in identifying and addressing the crime of trafficking in persons as described in section 2905.32 of the Revised Code. At least two of the eight hours of the continuing education requirement must be achieved in courses concerning safety and infection control, and at least one hour of the eight hours of the continuing education requirement must be achieved in courses concerning law and rule updates.

Sec. 4709.07. (A) Each ~~person~~ individual who desires to obtain an initial license to practice barbering shall apply to the state cosmetology and barber board, on forms provided by the board. The application form shall include the name of the person applying for the license and evidence that the applicant meets all of the requirements of division (B) of this section. The application shall be accompanied by two signed current photographs of the applicant, in the size determined by the board, that show only the head and shoulders of the applicant, and the examination application fee.

~~(B) In order~~ applies to take the required barber examination ~~and~~ to qualify for licensure as a barber~~, an applicant must~~ shall demonstrate that the ~~applicant~~ individual meets all of the following:

(1) Is at least ~~eighteen~~ sixteen years of age;

(2) Has an eighth grade education or an equivalent education as determined by the state board of education in the state where the applicant resides;

(3) Has submitted a written application on a form furnished by the board that contains all of the following:

(a) The name of the individual and any other identifying information required by the board;

(b) A photocopy of the individual's current driver's license or other proof of legal residence;

(4) Submits to having a photograph and biometric fingerprint scan taken by the board;

(5) Has graduated with at least one thousand eight hundred hours of board-approved training from a ~~board-approved barber~~ school or has graduated with at least one thousand hours of board-approved training from a ~~board-approved barber~~ school ~~in this state~~ and has a current cosmetology or hair designer license issued pursuant to Chapter 4713. of the Revised Code~~. No hours of instruction earned by an applicant five or more years prior to the examination apply to the hours of study required by this division~~;

(6) Has paid the application fee.

(B) The board shall issue a barber license to an applicant who passes the examination and pays the license fee.

(C) ~~Any applicant who meets all of the requirements of divisions (A) and (B) of this section may take the barber examination at the time and place specified by the board.~~ If ~~the~~ an applicant fails to ~~attain at least a seventy-five per cent~~ pass ~~rate on each~~ any part of the examination, the applicant is ineligible for licensure; however, the applicant may reapply for examination ~~within ninety days after the date of the release of the examination scores by paying~~ and pay the required reexamination fee. An applicant is only required to take that part or parts of the examination ~~on which~~ that the applicant did not ~~receive a score of seventy-five per cent or higher~~pass. If the applicant fails to reapply for examination within ninety days or fails the second examination, in order to reapply for examination for licensure the applicant shall complete an additional course of study of not less than two hundred hours, in a board-approved barber school. The board shall provide to an applicant, upon request, a report which explains the reasons for the applicant's failure to pass the examination.

(D) The board shall issue a license to practice barbering to any applicant who, to the satisfaction of the board, meets the requirements of divisions (A) and (B) of this section, who passes the required examination, and pays the initial licensure fee. Every licensed barber shall ~~display~~ maintain the certificate of licensure in a conspicuous place adjacent to or near the licensed barber's work chair, along with a signed current photograph, in the size determined by the board, showing head and shoulders onlyboard-issued, wallet-sized license or electronically generated license certification and a current government-issued photo identification that can be produced on inspection or request.

Sec. 4709.071. (A) The state cosmetology and barber board shall issue a temporary pre-examination work permit to practice barbering to an individual who applies for and is eligible to take an examination conducted under section 4709.07 of the Revised Code, if the individual satisfies all of the following conditions:

(1) The individual has not previously failed an examination conducted under section 4709.07 of the Revised Code.

(2) The individual pays to the board the applicable fee.

(3) The individual satisfies all other conditions established by rules adopted under section 4709.05 of the Revised Code.

(B) An individual issued a temporary pre-examination work permit under this section may practice barbering until the date the individual is scheduled to take an examination under section 4709.07 of the Revised Code. The individual shall practice under the supervision of an individual holding a current, valid barber license.

(C) A temporary pre-examination work permit is renewable in accordance with rules adopted under section 4709.05 of the Revised Code.

Sec. 4709.072. (A) The state cosmetology and barber board shall issue a barber instructor license to an applicant who meets all of the following requirements:

(1) Is at least eighteen years of age;

(2) Holds a current, valid barber license issued under section 4709.07 of the Revised Code and meets either of the following requirements:

(a) Has at least eighteen months of work experience in a licensed barber shop;

(b) Has been employed as an assistant barber instructor under the supervision of a licensed barber for at least one year.

(3) Passes the required examination;

(4) Pays the applicable license fee;

(5) Meets any additional requirements specified in rules adopted by the board under section 4709.05 of the Revised Code.

(B) The board shall issue an assistant barber instructor license to an applicant who holds a current, valid barber license issued under section 4709.07 of the Revised Code and meets the requirements listed in divisions (A)(1), (4), and (5) of this section.

(C) Every holder of a barber instructor license or assistant barber instructor license shall maintain a board-issued, wallet-sized license or electronically generated license certification and a current government-issued photo identification that can be produced upon inspection or request.

Sec. 4709.073. When determining the total hours of instruction received by an applicant under section 4709.07 or 4709.072 of the Revised Code, the state cosmetology and barber board shall not take into account more than ten hours of instruction per day. The board shall take into account instruction received more than five years before the date of application for the license in accordance with rules adopted under section 4709.05 of the Revised Code.

Sec. 4709.08. (A) Any ~~person~~ individual who holds a current license or registration to practice as a barber or teach the theory and practice of barbering in any other state or district of the United States or country whose requirements for licensure or registration of barbers, barber instructors, or assistant barber instructors are substantially equivalent to the requirements of this chapter and rules adopted under it ~~and that extends similar reciprocity to persons licensed as barbers in this state~~ may apply to the state cosmetology and barber board for a barber, barber instructor, or assistant barber instructor license.

(B) The board shall~~, without examination, unless the board determines to require an examination,~~ issue a license to ~~practice as a licensed barber in this state if the person~~ an applicant who meets all of the following requirements ~~of this section, is~~:

(1) Is at least eighteen years of age~~, and pays~~;

(2) In the case of an applicant for a barber license, passes an examination conducted under section 4709.07 of the Revised Code, unless the applicant satisfies conditions specified in rules adopted under section 4709.05 of the Revised Code for the board to issue the applicant a license without taking the examination;

(3) Pays the required fees~~. The board may waive any of the requirements of this section~~.

Sec. 4709.09. (A) Each ~~person~~ applicant who desires to obtain a barber shop license shall apply to the state cosmetology and barber board, on forms provided by the board. The board shall issue a barber shop license to ~~a person~~ an applicant if the board determines that the ~~person meets all of the requirements of division (B) of this section and pays~~ applicant has paid the ~~required~~ license ~~and inspection fees.~~

~~(B) In order for a person to qualify for a license to operate a barber shop,~~fee and ensured that the barber shop shall meet all of the following requirements:

(1) Be in the charge and under the immediate supervision of a licensed barber;

(2) Be equipped to provide running hot and cold water and proper drainage;

(3) ~~Sanitize and maintain in a sanitary condition, all instruments and supplies;~~

~~(4) Keep towels and linens clean and sanitary and in a dry, dust-proof container;~~

~~(5) Display~~ Be in compliance with the infection control standards adopted by the board in rule;

(4) Pass an initial inspection as described in division (A)(10) of section 4713.07 of the Revised Code.

(B) An applicant issued a barber shop license under division (A) of this section shall display the shop license and a copy of the ~~board's sanitary rules~~ infection control standards provided by the board under division (A)(5) of section 4709.05 of the Revised Code in a public and conspicuous place in the ~~working area~~barber shop.

(C)(1) Any licensed barber who leases space in a licensed barber shop and engages in the practice of barbering independent and free from supervision of the owner or manager of the barber shop ~~is considered to be engaged in the operation of a separate and distinct barber shop and~~ shall obtain a an independent contractor license ~~to operate a barber shop pursuant to this section~~ by submitting the form provided by the board, paying the applicable fee, and satisfying the conditions for the license established in rules adopted under section 4709.05 of the Revised Code.

(2) Every holder of an independent contractor license shall maintain the board-issued, wallet-sized license or electronically generated license certification and a current government-issued photo identification that can be produced upon inspection or request.

(D) A shop license is not transferable from one owner to another and if an owner or operator of a barber shop permanently ceases offering barber services at the shop, the owner or operator shall return the barber shop license to the board within ten days of the cessation of servicesor from one location to another.

~~(E)(1) Manicurists licensed under Chapter 4713. of the Revised Code may practice manicuring in a barber shop.~~

~~(2)~~ (E) Tanning facilities issued a permit under section 4713.48 of the Revised Code may be operated in a barber shop.

~~(F) Clothing and related accessories may be sold at retail in a barber shop so long as these sales maintain the integrity of the facility as a barber shop.~~

Sec. 4709.091. (A) An individual holding a current, valid license issued under section 4731.15 of the Revised Code to provide massage therapy may provide massage therapy in a barber shop. An individual holding a current, valid license or certificate issued by a professional regulatory board of this state may practice the individual's profession in a barber shop if the individual's profession is authorized by rules adopted under section 4709.05 of the Revised Code to practice in a barber shop. An individual may provide cosmetic therapy in a barber shop if authorized by rules adopted under section 4709.05 of the Revised Code to practice in a barber shop.

(B) An individual providing cosmetic therapy, massage therapy, or other professional service in a barber shop pursuant to this section shall satisfy the standards established by rules adopted under section 4709.05 of the Revised Code.

(C) An individual who provides massage therapy or other professional services in a barber shop under this section shall maintain the individual's professional license or certificate or electronically generated license certification or registration and a state of Ohio issued photo identification that can be produced on inspection or request.

Sec. 4709.10. An applicant for a license to operate a school shall submit an application to the state cosmetology and barber board and satisfy the requirements under section 4713.44 of the Revised Code to be issued the license. If the school for which the applicant is applying for a license under that section offers instruction in the theory and practice of barbering, the applicant shall do all of the following to be issued the license:

(A) Provide sufficient licensed teaching personnel to meet the minimum student-instructor ratio established by the board in rules adopted under section 4713.08 of the Revised Code;

(B) Establish minimum standards for acceptance of student applicants for admission to the school to learn the theory and practice of barbering;

(C) Employ not more than two licensed assistant barber instructors for each licensed barber instructor employed or fewer than two licensed instructors or one licensed instructor and one licensed assistant instructor at each facility;

(D) Pass an initial inspection as described in division (A)(10) of section 4713.07 of the Revised Code.

Sec. 4709.11. Every license issued pursuant to this chapter expires on the thirty-first day of August of each even-numbered year. Each licensee desiring to do so shall, on or before the first day of September of each even-numbered year, renew the licensee's license pursuant to the standard renewal procedure of Chapter 4745. of the Revised Code. Any holder of an expired license shall restore the holder's license before continuing the practice of barbering or the activity for which the holder is licensed under this chapter and pay the appropriate restoration fee. If the person fails to restore the person's license within six years, the person shall pay any required restoration fee and take any examination required for the license under this chapter

If the state cosmetology and barber board adopts rules under section 4709.051 of the Revised Code to establish a continuing education requirement as a condition of renewal for a barber license, barber instructor license, or assistant barber instructor license, the board shall inform each licensee of the continuing education requirement that applies to the next biennial licensing period by including that information in the renewal notification the board sends the licensee. The board shall state in the notification that the licensee must complete the continuing education requirement by the fifteenth day of August of the next even-numbered year. Hours completed in excess of the continuing education requirement may not be applied to the next biennial licensing period.

The board may waive or extend the period for a licensee to complete any applicable continuing education requirement in accordance with division (B) of section 4713.60 of the Revised Code. Every license that has not been renewed in the timeframe specified in this section and for which the continuing education requirement has not been waived or extended shall be considered expired.

Sec. 4709.111. (A) If the state cosmetology and barber board adopts a continuing education requirement under section 4709.051 of the Revised Code, it may develop a procedure by which an individual who holds a barber license, barber instructor license, or assistant barber instructor license and who is not currently engaged in the practice of barbering or teaching or assisting in teaching of the theory and practice of barbering, but who desires to be so engaged in the future, may apply to the board to have the individual's license classified inactive. If the board develops this procedure, an individual seeking to have the individual's license classified inactive shall apply to the board on a form provided by the board and pay the fee established by rules adopted under section 4709.05 of the Revised Code.

(B) The board shall not restore an inactive license until the individual holding the license submits proof satisfactory to the board that the individual has completed the continuing education requirement established by the board in rules adopted under section 4709.05 of the Revised Code.

Sec. 4709.112. (A) A barber license, barber instructor license, or assistant barber instructor license that has not been renewed for any reason other than because it has been revoked, suspended, classified inactive, or because the license holder has been given a waiver or extension under section 4709.11 of the Revised Code, is expired. An expired license may be restored if the individual who held the license satisfies both of the following requirements:

(1) Pays to the state cosmetology and barber board the restoration fee established under section 4709.12 of the Revised Code;

(2) In the case of a barber license that has been expired for more than two consecutive license renewal periods, completes any outstanding continuing education requirements for each license renewal period that has elapsed since the license was last issued or renewed, up to a maximum of twenty-four hours.

(B) At least four of the continuing education hours required under division (A)(2) of this section shall include a course pertaining to infection control and safety methods.

Sec. 4709.12. (A) The state cosmetology and barber board shall charge and collect the following nonrefundable fees:

(1) For the application to take the barber examination, not more than ninety dollars;

(2) For an application to retake any one part of the barber examination, not more than forty-five dollars;

(3) For an application to take the barber examination by an applicant who has previously applied to take but failed to appear for the examination, not more than one hundred dollars;

(4) For the initial issuance of a license to practice as a barber, not more than thirty dollars;

~~(4)~~ (5) For the biennial renewal of the license to practice as a barber, not more than one hundred ten dollars;

~~(5)~~ (6) For the restoration of an expired barber license, not more than one hundred fifty dollars, and not more than seventy-five dollars for each lapsed year, provided that the total fee shall not exceed six hundred ninety dollars;

~~(6)~~ (7) For the issuance of a duplicate barber or shop license, not more than forty-five dollars;

~~(7)~~ (8) For the ~~inspection~~ issuance of a new barber shop, license or a change of ownership, ~~or reopening of premises or facilities formerly operated as a barber shop, and issuance of a shop license,~~ not more than one hundred ten dollars;

~~(8)~~ (9) For the biennial renewal of a barber shop license, not more than seventy-five dollars;

~~(9)~~ (10) For the restoration of a barber shop license, not more than one hundred ten dollars;

~~(10) For each inspection of premises for location of a new barber school, or each inspection of premises for relocation of a currently licensed barber school, seven hundred fifty dollars;~~

~~(11) For the initial barber school license, one thousand dollars, and one thousand dollars for the renewal of the license;~~

~~(12) For the restoration of a barber school license, one thousand dollars;~~

~~(13) For the issuance of a student registration, forty dollars;~~

~~(14)~~ (11) For the examination and issuance of a biennial ~~teacher~~ barber instructor license, not more than one hundred eighty-five dollars;

~~(15)~~ (12) For the issuance of a biennial assistant barber instructor license, not more than one hundred fifty dollars;

(13) For the renewal of a biennial ~~teacher~~ barber instructor or assistant barber instructor license, not more than one hundred fifty dollars;

~~(16)~~ (14) For the restoration of an expired ~~teacher~~ barber instructor or assistant barber instructor license, not more than two hundred twenty-five dollars, and not more than sixty dollars for each lapsed year, provided that the total fee shall not exceed four hundred fifty dollars;

~~(17)~~ (15) For the issuance of a barber license by reciprocity pursuant to section 4709.08 of the Revised Code, not more than three hundred dollars;

~~(18)~~ (16) For ~~providing licensure information concerning an applicant, upon written request of the applicant~~the preparation and mailing of a licensee's records to another state for a reciprocal license, not more than forty dollars;

(17) For a temporary pre-examination work permit under section 4709.071 of the Revised Code, not more than fifteen dollars.

(B) The board shall adjust the fees biennially, by rule, within the limits established by division (A) of this section, to provide sufficient revenues to meet its expenses.

(C) The board, subject to the approval of the controlling board, may establish fees in excess of the amounts provided in this section, provided that the fees do not exceed the amounts permitted by this section by more than fifty per cent.

(C) In addition to any other fee charged and collected under this section, the board shall ask each person renewing a license to practice as a barber whether the person wishes to make a two-dollar voluntary contribution to the Ed Jeffers barber museum. The board shall transmit any contributions to the treasurer of state for deposit into the occupational licensing fund.

(D) At the request of a person who is temporarily unable to pay a fee imposed under division (A) of this section, or on its own motion, the board may extend the date payment is due by up to ninety days. If the fee remains unpaid after the date payment is due, the amount of the fee shall be certified to the attorney general for collection in the form and manner prescribed by the attorney general. The attorney general may assess the collection cost to the amount certified in such a manner and amount as prescribed by the attorney general.

Sec. 4709.13. (A) The state cosmetology and barber board may take disciplinary action under division (B) of this section for any of the following:

(1) Willful, false, and fraudulent or deceptive advertising;

(2) Habitual drunkenness or addiction to any habit-forming drug;

(3) Failure to comply with the safety, infection control, and licensing requirements of this chapter or rules adopted under it;

(4) Continued practice by an individual knowingly having an infectious or contagious disease;

(5) Falsification of any record or application required to be filed with the board;

(6) Failure to pay a fine or abide by a suspension order issued by the board;

(7) Failure to cooperate with an investigation or inspection;

(8) Failure to respond to a subpoena;

(9) Conviction of or plea of guilty to a violation of section 2905.32 of the Revised Code;

(10) In the case of a barber shop, any individual's conviction of or plea of guilty to a violation of section 2905.32 of the Revised Code for an activity that took place on the premises of the barber shop.

(B) On determining that there is cause for disciplinary action, the board may do one or more of the following:

(1) Deny, suspend, revoke, or impose conditions on a license or permit issued by the board pursuant to this chapter;

(2) Impose a fine;

(3) Require the holder of a license or permit issued under this chapter to take corrective action courses.

(C)(1) Except as provided in divisions (C)(2) and (3) of this section, the board shall take disciplinary action pursuant to an adjudication under Chapter 119. of the Revised Code.

(2) The board may take disciplinary action without conducting an adjudication under Chapter 119. of the Revised Code against an individual who or barber shop that is subject to discipline under division (A)(9) or (10) of this section. After the board takes such disciplinary action, the board shall give written notice to the subject of the disciplinary action of the right to request a hearing under Chapter 119. of the Revised Code.

(3) In lieu of an adjudication, the board may enter into a consent agreement with the holder of a license or permit issued under this chapter. A consent agreement that is ratified by a majority vote of a quorum of the board members is considered to constitute the findings and orders of the board with respect to the matter addressed in the agreement. If the board does not ratify a consent agreement, the admissions and findings contained in the agreement are of no effect, and the case shall be scheduled for adjudication under Chapter 119. of the Revised Code.

(D) The amount and content of corrective action courses and other relevant criteria shall be established by the board in rules adopted under section 4709.05 of the Revised Code.

(E)(1) The board may impose a separate fine for each offense listed in division (A) of this section. The amount of the first fine issued for a violation as the result of an inspection shall be not more than two hundred fifty dollars if the violator has not previously been fined for that offense. Any fines issued for additional violations during such an inspection shall not be more than one hundred dollars for each additional violation. The fine shall be not more than five hundred dollars if the violator has been fined for the same offense once before. Any fines issued for additional violations during a second inspection shall not be more than two hundred dollars for each additional violation. The fine shall be not more than one thousand dollars if the violator has been fined for the same offense two or more times before. Any fines issued for additional violations during a third inspection shall not be more than three hundred dollars for each additional violation.

(2) The board shall issue an order notifying a violator of a fine imposed under division (E)(1) of this section. The notice shall specify the date by which the fine is to be paid. The date shall be less than forty-five days after the board issues the order.

(3) At the request of a violator who is temporarily unable to pay a fine, or on the board's own motion, the board may extend the time period within which the violator shall pay the fine up to ninety days after the date the board issues the order.

(4) If the fine remains unpaid on the ninety-first day after the board issues an order under division (E)(2) of this section, the amount of the fine shall be certified to the attorney general for collection in the form and manner prescribed by the attorney general. The attorney general may assess the collection cost to the amount certified in such a manner and amount as prescribed by the attorney general.

(F) The board shall notify a licensee who is subject to discipline under division (A) of this section and the owner of the barber shop in which the conditions constituting the reason for discipline were found. The individual receiving the notice and the owner of the barber shop may request a hearing pursuant to section 119.07 of the Revised Code. If the individual or owner fails to request a hearing or enter into a consent agreement thirty days after the date the board, in accordance with section 119.07 of the Revised Code and division (I) of this section, notifies the individual or owner of the board's intent to act against the individual or owner under division (A) of this section, the board, by a majority vote of a quorum of the board members, may take the action against the individual or owner without holding an adjudication hearing.

(G) The board, after a hearing in accordance with Chapter 119. of the Revised Code or pursuant to a consent agreement, may suspend a license or permit if the licensee or permit holder fails to correct an unsafe condition that exists in violation of the board's rules or fails to cooperate in an inspection. If a violation of this chapter or rules adopted under it has resulted in a condition reasonably believed by an inspector to create an immediate danger to the health and safety of any individual using the facility, the inspector may suspend the license or permit of the facility or the individual responsible for the violation without a prior hearing until the condition is corrected or until a hearing in accordance with Chapter 119. of the Revised Code is held or a consent agreement is entered into and the board either upholds the suspension or reinstates the license or permit.

(H) The board shall not take disciplinary action against a person licensed to operate a barber shop for a violation of this chapter that was committed by a licensed barber while practicing within the barber shop, when the barber's actions were beyond the control of the barber shop owner.

(I) In addition to the methods of notification required under section 119.07 of the Revised Code, the board may send the notices required under divisions (C)(2), (E)(2), and (F) of this section by any delivery method that is traceable and requires that the delivery person obtain a signature to verify that the notice has been delivered. The board also may send the notices by electronic mail, provided that the electronic mail delivery system certifies that a notice has been received.

Sec. 4709.14. ~~(A)~~ If the state cosmetology and barber board determines that any ~~person~~ individual is violating or ~~threatening~~ is about to violate any provision of this chapter or the rules adopted pursuant thereto ~~and such violation or threatened violation is a threat to the health or safety of persons who use barber services~~, the board may apply to a court of competent jurisdiction ~~in the county in which the violation or threatened violation occurred or will occur~~ for injunctive relief and such other relief to prevent further violations. The attorney general shall, at the board's request, represent the board in any such action.

(B) If the board determines, after a hearing conducted in accordance with Chapter 119. of the Revised Code, that any person has violated any provision of this chapter or the rules adopted pursuant thereto, the board may, in addition to any other action it may take or any other penalty imposed pursuant to this chapter, impose one or more fines upon the person. In no event, however, shall the fines imposed under this division exceed five hundred dollars for a first offense or one thousand dollars for each subsequent offense.

(C) A person who allegedly has violated a provision of this chapter for which the board proposes to impose a fine may pay the board the amount of the fine and waive the right to an adjudicatory hearing conducted under Chapter 119. of the Revised Code and described in division (B) of this section.

Sec. 4709.99. Whoever violates ~~this chapter or any rule adopted pursuant thereto shall be fined not less than one hundred nor more than five hundred dollars for~~ section 4709.02 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense; for each subsequent violation of the same provision, the ~~person shall be fined not less than five hundred nor more than one thousand dollars~~individual is guilty of a misdemeanor of the third degree.

Sec. 4713.01. As used in this chapter:

(A) "Apprentice instructor" means an individual holding a practicing license issued by the state cosmetology and barber board who is engaged in learning or acquiring knowledge of the occupation of an instructor of a branch of cosmetology at a school ~~of cosmetology~~.

(B) "Barber," "barber instructor," "barber shop," and "practice of barbering" have the same meanings as in section 4709.01 of the Revised Code.

(D) "Biennial licensing period" means the two-year period beginning on the first day of February of an odd-numbered year and ending on the last day of January of the next odd-numbered year.

(E) "Boutique salon" means a salon in which an individual engages in the practice of boutique services and no other branch of cosmetology.

~~"Boutique services" means braiding, threading, shampooing, and makeup artistry.~~

(F) "Braiding" means intertwining the hair in a systematic motion to create patterns in a three-dimensional form, ~~inverting the hair~~ including patterns that are inverted, upright, or singled against the scalp that follow along ~~part of a~~ straight or curved ~~row of intertwined hair, or~~ partings. "Braiding" may include twisting, locking, beading, crocheting, wrapping, or similarly manipulating the hair ~~in a systematic motion, and includes extending the~~ while adding bulk or length with human hair ~~with natural or~~, synthetic hair ~~fibers~~, or both, and using simple devices such as clips, combs, crotchet hooks, blunt-tipped needles, and hairpins. "Braiding" does not include the use of chemical hair-joining agents such as synthetic tape, keratin bonds, or fusion bonds to weave or fuse individual strands or wefts; applications of dyes, reactive chemicals, or other preparations to alter the color or straighten, curl, or alter the structure of hair; or embellishing or beautifying hair by cutting or singeing, except as needed to finish the ends of synthetic hair used to add bulk to or lengthen hair.

(G) "Branch of cosmetology" means the ~~practice of cosmetology,~~ practice of esthetics, practice of hair design, practice of manicuring, practice of natural hair styling, or practice of boutique services.

(H) "Cosmetic therapy" means the permanent removal of hair from the human body through the use of electric modalities and may include the systematic friction, stroking, slapping, and kneading or tapping of the face, neck, scalp, or shoulders.

(I) "Cosmetologist" means an individual authorized to engage in all branches of cosmetology in a licensed facility.

~~"Cosmetology" means the art or practice of embellishment, cleansing, beautification, and styling of hair, wigs, postiches, face, body, or nails.~~

(J) "Cosmetology instructor" means an individual authorized to teach the theory and practice of all branches of cosmetology at a school ~~of cosmetology~~.

(K) "Esthetician" means an individual who engages in the practice of esthetics but no other branch of cosmetology in a licensed facility.

(L) "Esthetics instructor" means an individual who teaches the theory and practice of esthetics, but no other branch of cosmetology, at a school ~~of cosmetology~~.

(M) "Esthetics salon" means a salon in which an individual engages in the practice of esthetics but no other branch of cosmetology.

(N) "Eye lash extensions" include temporary and semi-permanent enhancements designed to add length, thickness, and fullness to natural eyelashes.

(O) "Hair designer" means an individual who engages in the practice of hair design but no other branch of cosmetology in a licensed facility.

(P) "Hair design instructor" means an individual who teaches the theory and practice of hair design, but no other branch of cosmetology, at a school ~~of cosmetology~~.

(Q) "Hair design salon" means a salon in which an individual engages in the practice of hair design but no other branch of cosmetology.

(R) "Hair removal" includes tweezing, waxing, sugaring, and threading. "Hair removal" does not include electrolysis.

(S) "Independent contractor" means an

individual who is not an employee of a salon but practices a branch of cosmetology within a salon in a licensed facility.

(T) "Infection control" means the practice of preventing the spread of infections and disease by ensuring that a salon, school, or tanning facility, including all equipment and implements in the salon, school, or tanning facility, are maintained by doing all of the following, as applicable:

(1) Removing surface or visible dirt or debris by cleaning with soap, detergent, or a chemical cleaner, followed by rinsing with clean water;

(2) Using a chemical disinfectant to kill or denature bacteria, fungi, and viruses;

(3) Applying heat or using other procedures to eliminate, remove, or kill all forms of microbial life present on a surface or contained in a fluid.

(U) "Instructor license" means a license to teach the theory and practice of a branch of cosmetology at a school ~~of cosmetology~~.

(V) "Licensed facility" means any premises, building, or part of a building licensed under section 4713.41 of the Revised Code in which the practice of one or more branches of cosmetology ~~services~~ are authorized by the state cosmetology and barber board to be performed.

~~"Advanced cosmetologist" means an individual authorized to work in a beauty salon and engage in all branches of cosmetology.~~

~~"Advanced esthetician" means an individual authorized to work in an esthetics salon, but no other type of salon, and engage in the practice of esthetics, but no other branch of cosmetology.~~

~~"Advanced hair designer" means an individual authorized to work in a hair design salon, but no other type of salon, and engage in the practice of hair design, but no other branch of cosmetology.~~

(W) "Advanced license" means a license issued under section 4713.30 of the Revised Code to work in a salon and practice the branch of cosmetology practiced at the salon.

~~"Advanced manicurist" means an individual authorized to work in a nail salon, but no other type of salon, and engage in the practice of manicuring, but no other branch of cosmetology.~~

"Advanced natural hair stylist" means an individual authorized to work in a natural hair style salon, but no other type of salon, and engage in the practice of natural hair styling, but no other branch of cosmetology.

(X) "Makeup artistry" means the application of cosmetics for the purpose of skin beautification. "Makeup artistry" does not include any other services described in the practice of any other branch of cosmetology.

(Y) "Manicurist" means an individual who engages in the practice of manicuring but no other branch of cosmetology in a licensed facility.

(Z) "Manicurist instructor" means an individual who teaches the theory and practice of manicuring, but no other branch of cosmetology, at a school ~~of cosmetology~~.

(AA) "Nail salon" means a salon in which an individual engages in the practice of manicuring but no other branch of cosmetology.

(BB) "Natural hair stylist" means an individual who engages in the practice of natural hair styling but no other branch of cosmetology in a licensed facility.

(CC) "Natural hair style instructor" means an individual who teaches the theory and practice of natural hair styling, but no other branch of cosmetology, at a school ~~of cosmetology~~.

(DD) "Natural hair style salon" means a salon in which an individual engages in the practice of natural hair styling but no other branch of cosmetology.

"Practice of braiding" means utilizing the technique of intertwining hair in a systematic motion to create patterns in a three-dimensional form, including patterns that are inverted, upright, or singled against the scalp that follow along straight or curved partings. It may include twisting or locking the hair while adding bulk or length with human hair, synthetic hair, or both and using simple devices such as clips, combs, and hairpins. "Practice of braiding" does not include application of weaving, bonding, and fusion of individual strands or wefts; application of dyes, reactive chemicals, or other preparations to alter the color or straighten, curl, or alter the structure of hair; embellishing or beautifying hair by cutting or singeing, except as needed to finish the ends of synthetic fibers used to add bulk to or lengthen hair.

(EE) "Practice of boutique services" means braiding, threading, shampooing, and makeup artistry.

(FF) "Practice of cosmetology" means the practice of all branches of cosmetology.

(GG) "Practice of esthetics" means the application of cosmetics, tonics, antiseptics, creams, lotions, or other preparations for the purpose of skin beautification and includes preparation of the skin by manual massage techniques or by use of electrical, mechanical, or other apparatus; enhancement of the skin by skin care, facials, body treatments, hair removal, and other treatments; and eye lash extension services.

(HH) "Practice of hair design" means embellishing or beautifying hair, wigs, or hairpieces by arranging, dressing, pressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, braiding, weaving, bonding and fusion of individual strands or wefts, or similar work. "Practice of hair design" includes utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, extending, locking, or braiding of the hair.

(II) "Practice of manicuring" means cleaning, trimming, shaping the free edge of, or applying polish to the nails of any individual; applying nail enhancements and embellishments to any individual; massaging the hands and lower arms up to the elbow of any individual; massaging the feet and lower legs up to the knee of any individual; using lotions or softeners on the hands and feet of any individual; or any combination of these types of services.

(JJ) "Practice of natural hair styling" means utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, bonding and fusion of individual strands or wefts, extending, locking, or braiding of the hair and includes cleansing the hair in preparation for performing such techniques on the hair. "Practice of natural hair styling" does not include the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair. "Practice of natural hair styling" also does not include embellishing or beautifying hair by cutting or singeing, except as needed to finish off the end of a braid, or by dressing, pressing, curling, waving, permanent waving, or similar work.

(KK) "Practicing license" means a license to practice a branch of cosmetology in a licensed facility.

(LL) "Salon" means a licensed facility on any premises, building, or part of a building in which an individual engages in the practice of one or more branches of cosmetology. "Salon" does not include a barber shop licensed under Chapter 4709. of the Revised Code. "Salon" does not mean a tanning facility, although a tanning facility may be located in a salon.

(MM) "School ~~of cosmetology~~" means any premises, building, or part of a building in which students are instructed in the theories and practices of one or more branches of cosmetology or barbering.

(NN) "Shampooing" means the act of cleansing and conditioning an individual's hair under the supervision of an individual licensed under this chapter and in preparation to immediately receive a service from a licensee.

(OO) "Student" means an both of the following:

(1) An individual, other than an apprentice instructor, who is engaged in learning or acquiring knowledge of the practice of a branch of cosmetology at a school ~~of cosmetology~~;

(2) An individual engaged in learning or acquiring knowledge of the practice of barbering at a school.

(PP) "Tanning facility" means any premises, building, or part of a building that contains one or more rooms or booths with any of the following:

~~(A)~~ (1) Equipment or beds used for tanning human skin by the use of fluorescent sun lamps using ultraviolet or other artificial radiation;

~~(B)~~ (2) Equipment or booths that use chemicals applied to human skin, including chemical applications commonly referred to as spray-on, mist-on, or sunless tans;

~~(C)~~ (3) Equipment or beds that use visible light for cosmetic purposes.

(QQ) "Threading" includes a service that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of thread and an astringent, if the service does not use chemicals of any kind, wax, or any implements, instruments, or tools to remove hair.

Sec. 4713.02. (A) There is hereby created the state cosmetology and barber board, consisting of all of the following members appointed by the governor, with the advice and consent of the senate:

(1) One individual holding a current, valid cosmetologist or cosmetology instructor license at the time of appointment;

(2) Two individuals holding current, valid cosmetologist licenses and actively engaged in managing beauty salons for a period of not less than five years at the time of appointment;

(3) One individual who holds a current, valid independent contractor license issued under this chapter or Chapter 4709. of the Revised Code at the time of appointment ~~and practices a branch of cosmetology~~;

(4) One individual who represents individuals who teach the theory and practice of a branch of cosmetology at a vocational or career-technical school;

(5) One owner or executive actively engaged in the daily operations of a licensed school ~~of cosmetology~~;

(6) One owner of at least five licensed salons;

(7) One individual who is either a certified nurse practitioner or clinical nurse specialist holding a current, valid license to practice nursing as an advanced practice registered nurse issued under Chapter 4723. of the Revised Code or a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(8) One individual representing the general public;

(9) One individual who holds a current, valid tanning permit and who has owned or managed a tanning facility for at least five years immediately preceding the individual's appointment;

(10) One individual who holds a current, valid esthetician license and who has been actively practicing esthetics for a period of not less than five years immediately preceding the individual's appointment;

(11) One individual who is an employer barber and who has been licensed as a barber in this state for at least five years immediately preceding the individual's appointment;

(12) One individual who holds a current, valid barber or barber ~~teacher~~ instructor license at the time of appointment and who has been licensed as a barber or barber ~~teacher~~ instructor in this state for at least five years immediately preceding the individual's appointment.

(B) The superintendent of public instruction shall nominate three individuals for the governor to choose from when making an appointment under division (A)(4) of this section.

(C) All members shall be at least twenty-five years of age, residents of the state, and citizens of the United States. No more than two members, at any time, shall be graduates of the same school ~~of cosmetology~~. Not more than one member shall have a common financial connection with any school ~~of cosmetology~~, salon, ~~barber school, or~~ barber shop, or tanning facility.

Terms of office are for five years. Terms shall commence on the first day of November and end on the thirty-first day of October. Each member shall hold office from the date of appointment until the end of the term for which appointed. In case of a vacancy occurring on the board, the governor shall, in the same manner prescribed for the regular appointment to the board, fill the vacancy by appointing a member. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. Before entering upon the discharge of the duties of the office of member, each member shall take, and file with the secretary of state, the oath of office required by Section 7 of Article XV, Ohio Constitution.

The members of the board shall receive an amount fixed pursuant to Chapter 124. of the Revised Code per diem for every meeting of the board which they attend, together with their necessary expenses, and mileage for each mile necessarily traveled.

The members of the board shall annually elect, from among their number, a chairperson and a vice-chairperson. The executive director appointed pursuant to section 4713.06 of the Revised Code shall serve as the board's secretary.

(D) The board shall prescribe the duties of its officers and establish an office within Franklin county. The board shall keep all records and files at the office and have the records and files at all reasonable hours open to public inspection in accordance with section 149.43 of the Revised Code and any rules adopted by the board in compliance with this state's record retention policy. The board also shall adopt a seal for the authentication of its orders, communications, and records.

(E) The governor may remove any member for cause prior to the expiration of the member's term of office.

(F) Whenever the term "state board of cosmetology" is used, referred to, or designated in statute, rule, contract, grant, or other document, the use, reference, or designation shall be deemed to mean the "state cosmetology and barber board" or the executive director of the state cosmetology and barber board, whichever is appropriate in context. Whenever the term "barber board" is used, referred to, or designated in statute, rule, contract, grant, or other document, the use, reference, or designation shall be deemed to mean the "state cosmetology and barber board" or the executive director of the state cosmetology and barber board, whichever is appropriate in context.

Sec. 4713.06. The state cosmetology and barber board shall annually appoint an executive director. The executive director may not be a member of the board, but subsequent to appointment, shall serve as secretary of the board. The executive director, before entering upon the discharge of the executive director's duties, shall file with the secretary of state a good and sufficient bond payable to the state, to ensure the faithful performance of duties of the office of executive director. The bond shall be in an amount the board requires. The premium of the bond shall be paid from appropriations made to the board for operating purposes. Whenever the term "executive director of the state board of cosmetology" or the term "executive director of the barber board," or variations thereof, is used, referred to, or designated in statute, rule, contract, grant, or other document, the use, reference, or designation shall be deemed to mean the "executive director of the state cosmetology and barber board."

The board may employ inspectors, examiners, consultants on contents of examinations, clerks, or other individuals as necessary for the administration of this chapter and Chapter 4709. of the Revised Code. All inspectors and examiners shall be licensed cosmetologists pursuant to this chapter or licensed barbers pursuant to Chapter 4709. of the Revised Code.

The board may appoint inspectors to inspect and investigate all facilities regulated by this chapter and Chapter 4709. of the Revised Code, including tanning facilities, to ensure compliance with this chapter and Chapter 4709. of the Revised Code, the rules adopted by the board, and the board's policies, in accordance with division ~~(A)(11)~~ (A)(10) of section 4713.07 of the Revised Code.

Sec. 4713.07. (A) The state cosmetology and barber board shall do all of the following:

(1) Regulate the practice of cosmetology and all of its branches in this state;

(2) Investigate or inspect, when evidence appears to demonstrate that an individual has violated any provision of this chapter or Chapter 4709. of the Revised Code or any rule adopted ~~pursuant to it~~under either chapter, the activities or premises of a license holder or unlicensed individual;

(3) Adopt rules in accordance with section 4713.08 of the Revised Code;

(4) Prescribe and make available application forms to be used by individuals seeking admission to an examination conducted under section 4713.24 of the Revised Code or a license or registration issued under this chapter;

(5) Prescribe and make available application forms to be used by individuals seeking renewal of a license or registration issued under this chapter;

(6) Provide a toll-free number and an online service to receive complaints alleging violations of this chapter or Chapter 4709. of the Revised Code;

(7) ~~Report to the proper prosecuting officer violations of section 4713.14 of the Revised Code of which the board is aware;~~

~~(8)~~ Submit a written report annually to the governor that provides all of the following:

(a) A discussion of the conditions in this state of the practice of barbering, cosmetology, and the branches of cosmetology;

(b) An evaluation of board activities intended to aid or protect consumers;

(d) A statement of all money that the board received and expended during the year the report covers.

~~(9)~~ (8) Keep a record of all of the following:

(a) The board's proceedings;

(b) The name and last known physical address, electronic mail address, and telephone number of each individual issued a license or registration under this chapter or Chapter 4709. of the Revised Code;

~~(10)~~ (9) Assist ex-offenders and military veterans who hold licenses issued by the board to find employment within salons, barber shops, or other facilities within this state;

~~(11)~~ (10) Require inspectors appointed pursuant to section 4713.06 of the Revised Code to conduct inspections of licensed or permitted facilities, including salons and boutique salons, schools ~~of cosmetology, barber schools~~, barber shops, and tanning facilities, within ninety days of the opening for business of a licensed facility, upon complaints reported to the board, within ninety days after a violation was documented at a facility, and at least once every two years. Any individual, after providing the individual's name and contact information, may report to the board any information the individual may have that appears to show a violation of any provision of this chapter or rule adopted under it or a violation of any provision of Chapter 4709. of the Revised Code or rule adopted by the board pursuant to Chapter 4709. of the Revised Code. In the absence of bad faith, any individual who reports information of that nature or who testifies before the board in any adjudication conducted under Chapter 119. of the Revised Code shall not be liable for damages in a civil action as a result of the report or testimony. For the purpose of inspections, an independent contractor licensed under this chapter or Chapter 4709. of the Revised Code shall be added to the board's records as an individual salon or barber shop.

~~(12)~~ (11) Supply a copy of the poster created pursuant to division (B) of section 5502.63 of the Revised Code to each person authorized to operate a salon, school ~~of cosmetology~~, tanning facility, or other type of facility under this chapter;

~~(13)~~ (12) All other duties that this chapter imposes on the board.

(B) The board may ~~delegate~~ do either of the following:

(1) Report to the proper prosecuting officer violations of section 4709.02 or 4713.14 of the Revised Code;

(2) Delegate any of the duties listed in division (A) of this section to the executive director of the board or to an individual designated by the executive director.

Sec. 4713.071. (A) ~~The~~ Before the fifteenth day of November of each year, the state cosmetology and barber board shall annually submit a written report to the governor, president of the senate, and speaker of the house of representatives. The report shall list all of the following for the preceding ~~twelve-month period~~fiscal year:

(1) The number of students enrolled in courses at licensed public and private schools ~~of cosmetology and barbering~~;

(2) The number of students graduating from licensed public and private schools ~~of cosmetology and barbering~~;

(3) The annual cost for students to attend each licensed public or private school ~~of cosmetology and barbering~~;

(4) The loan default rates for licensed public and private schools ~~of cosmetology and barbering~~;

(5) The first-time licensure passage rate for graduates of all public and private schools ~~of cosmetology and barbering~~;

(6) The total number of new and renewal licenses in each profession;

(7) The total number of complaint-driven inspections conducted by the board;

(8) The total number and type of violations, including a list of the top ten violations, which shall aid in the identification of focus areas for continuing education purposes;

(9) The twenty salons and individuals cited with the most violations for unlicensed workers;

(10) The number of adjudications or other disciplinary action taken by the board.

(B) The board shall include in the final report under division (A) of this section any recommendations it has for changes to this chapter or Chapter 4709. of the Revised Code.

Sec. 4713.08. (A) The state cosmetology and barber board shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this chapter. The rules shall do all of the following:

(1) Govern the practice of the branches of cosmetology;

(2) Specify conditions an individual must satisfy to qualify for a temporary pre-examination work permit under section 4713.22 of the Revised Code and the conditions and method of renewing a temporary pre-examination work permit under that section;

(3) Provide for the conduct of examinations under section 4713.24 of the Revised Code;

(4) Specify conditions under which the board will take into account, under section 4713.32 of the Revised Code, instruction an applicant for a license under section 4713.28, 4713.30, or 4713.31 of the Revised Code received more than five years before the date of application for the license;

(5) Provide for the granting of waivers under section 4713.29 of the Revised Code;

(6) Specify conditions an applicant must satisfy for the board to issue the applicant a license under section 4713.34 of the Revised Code without the applicant taking an examination conducted under section 4713.24 of the Revised Code;

(7) Specify locations in which glamour photography services in which a branch of cosmetology is practiced may be provided;

(8) Establish conditions and the fee for a temporary special occasion work permit under section 4713.37 of the Revised Code and specify the amount of time such a permit is valid;

(9) Specify conditions an applicant must satisfy for the board to issue the applicant an independent contractor license under section 4713.39 of the Revised Code and the fee for issuance and renewal of the license;

(10) Establish conditions under which food may be sold at a salon;

(11) Specify which professions regulated by a professional regulatory board of this state may be practiced in a salon under section 4713.42 of the Revised Code, including whether cosmetic therapy may be practiced in a salon;

(12) Establish standards for the provision of cosmetic therapy, massage therapy, or other professional service in a salon pursuant to section 4713.42 of the Revised Code;

(13) Establish standards for board approval of, and the granting of credits for, training in branches of cosmetology or barbering at schools ~~of cosmetology~~ licensed in this state;

(14) Establish the manner in which a school ~~of cosmetology~~ licensed under section 4713.44 of the Revised Code may offer post-secondary and advanced practice programs;

(15) Establish ~~sanitary~~ infection control standards for the practice of the branches of cosmetology, and the operation of salons, and schools ~~of cosmetology~~;

(16) Establish the application process for obtaining a tanning facility permit under section 4713.48 of the Revised Code, including the amount of the fee for an initial or renewed permit;

(17) Establish standards for installing and operating a tanning facility in a manner that ensures the health and safety of consumers, including infection control standards and standards that do all of the following:

(a) Establish a maximum safe time of exposure to radiation and a maximum safe temperature at which sun lamps may be operated;

(b) Require consumers to wear protective eyeglasses;

(d) Require the operator to prohibit consumers from standing too close to sun lamps and to post signs warning consumers of the potential effects of radiation on individuals taking certain medications and of the possible relationship of the radiation to skin cancer;

(e) Require the installation of protective shielding for sun lamps and handrails for consumers;

(f) Require floors to be dry during operation of lamps;

(g) Establish procedures an operator must follow in making reasonable efforts in compliance with section 4713.50 of the Revised Code to determine the age of an individual seeking to use sun lamp tanning services.

~~(18)(a)~~(18) If the board, under section 4713.61 of the Revised Code, develops a procedure for classifying licenses inactive, do both of the following:

~~(i)~~ (a) Establish a fee for having a license classified inactive that reflects the cost to the board of providing the inactive license service~~. If one or more renewal periods have elapsed since the license was valid, the fee shall not include lapsed renewal fees for more than three of those renewal periods~~;

~~(ii)~~ (b) Specify the continuing education that an individual whose license has been classified inactive must complete to have the license restored. The continuing education shall be sufficient to ensure the minimum competency in the use or administration of a new procedure or product required by a licensee necessary to protect public health and safety. The requirement shall not exceed the cumulative number of hours of continuing education that the individual would have been required to complete had the individual retained an active license.

~~(b) In addition, the board may specify the conditions and method for granting a temporary work permit to practice a branch of cosmetology to an individual whose license has been classified inactive.~~

(19) Establish a fee for approval of a continuing education program under section 4713.62 of the Revised Code that is adequate to cover any expense the board incurs in the approval process;

(20) Establish requirements for students of schools who are engaged in learning the theory and practice of barbering;

(21) Establish the minimum student-instructor ratio that a school offering instruction in the theory and practice of barbering must meet;

(22) Anything else necessary to implement this chapter.

~~(B)(1)~~(B) The rules adopted under division (A)(2) of this section may establish additional conditions for a temporary pre-examination work permit under section 4713.22 of the Revised Code that are applicable to individuals who practice a branch of cosmetology in another state or country.

(2) The rules adopted under division (A)(18)(b) of this section may establish additional conditions for a temporary work permit that are applicable to individuals who practice a branch of cosmetology in another state.

(C) The conditions specified in rules adopted under division (A)(6) of this section may include that an applicant is applying for a license to practice a branch of cosmetology for which the board determines an examination is unnecessary.

(D) The rules adopted under division (A)(11) of this section shall not include a profession if practice of the profession in a salon is a violation of a statute or rule governing the profession.

(E) The ~~sanitary~~ infection control standards established under division (A)(15) of this section shall focus in particular on precautions to be employed to prevent infectious or contagious diseases being created or spread. ~~The board shall consult with the Ohio department of health when establishing the sanitary standards.~~

(F) The fee established by rules adopted under division (A)(16) of this section shall cover the cost the board incurs in inspecting tanning facilities and enforcing the board's rules but may not exceed one hundred dollars per location of such facilities.

Sec. 4713.081. (A) The state cosmetology and barber board shall furnish a copy of the ~~sanitary~~ infection control standards established by rules adopted under section 4713.08 of the Revised Code to ~~each~~ both of the following:

(1) Each individual or person to whom the board issues a practicing license, advanced license, license to operate a salon or school ~~of cosmetology~~, or boutique services registration~~. The board also shall furnish a copy of the sanitary standards to each~~;

(2) Each individual providing cosmetic therapy, massage therapy, or other professional service in a salon under section 4713.42 of the Revised Code.

(B) A salon or school ~~of cosmetology~~ provided a copy of the ~~sanitary~~ infection control standards under division (A) of this section shall post the standards in a public and conspicuous place in the salon or school.

Sec. 4713.09. The state cosmetology and barber board may adopt rules in accordance with section 4713.08 of the Revised Code to establish a continuing education requirement, not to exceed eight hours in a biennial licensing period, as a condition of renewal for a practicing license, advanced license, instructor license, or boutique services registration. These hours may include training in identifying and addressing the crime of trafficking in persons as described in section 2905.32 of the Revised Code. At least two of the eight hours of the continuing education requirement must be achieved in courses concerning safety and ~~sanitation~~infection control, and at least one hour of the eight hours of the continuing education requirement must be achieved in courses concerning law and rule updates.

Sec. 4713.10. (A) The state cosmetology and barber board shall charge and collect the following nonrefundable fees:

(1) For a temporary pre-examination work permit under section 4713.22 of the Revised Code, not more than fifteen dollars;

(2) For initial application to take an examination under section 4713.24 of the Revised Code, not more than forty dollars;

(3) For application to take an examination under section 4713.24 of the Revised Code by an applicant who has previously applied to take, but failed to appear for, the examination, not more than fifty-five dollars;

(4) 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, not more than forty dollars;

(5) For the issuance of a license under section 4713.28, 4713.30, or 4713.31 of the Revised Code, not more than seventy-five dollars;

(6) For the issuance of a license under section 4713.34 of the Revised Code, not more than seventy dollars;

(7) For renewal of a license issued under section 4713.28, 4713.30, 4713.31, or 4713.34 of the Revised Code, not more than seventy dollars;

(8) For the issuance or renewal of a ~~cosmetology~~ school license, or the change of name or ownership of a licensed school, not more than two hundred fifty dollars;

(9) For the issuance of a new salon license or the change of name or ownership of a salon license under section 4713.41 of the Revised Code, not more than one hundred dollars;

(10) For the renewal of a salon license under section 4713.41 of the Revised Code, not more than ninety dollars;

(11) 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 not more than 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;

(12) For the issuance of a duplicate ~~of any~~ salon license, school license, or tanning facility permit, not more than thirty dollars;

(13) For the preparation and mailing of a licensee's records to another state for a reciprocity license, not more than fifty dollars;

(14) For the processing of any fees related to a check from a licensee returned to the board for insufficient funds, an additional thirty dollars.

(B) The board shall adjust the fees biennially, by rule, within the limits established by division (A) of this section, to provide sufficient revenues to meet its expenses.

(C) The board may ~~establish an installment plan for the payment of fines and fees and may~~ reduce fees as considered appropriate by the board.

Sec. 4713.14. No individual shall do any of the following:

(A) Use fraud or deceit in obtaining or making application for a license, permit, or registration;

(B) Aid or abet any individual or entity in any of the following:

(1) Violating this chapter or a rule adopted under it;

(2) Obtaining a license, permit, or registration fraudulently;

(3) Falsely pretending to hold a current, valid license or permit.

(C) Practice a branch of cosmetology, for pay, free, or otherwise, without one of the following authorizing the practice of that branch of cosmetology:

(1) A current, valid license under section 4713.28, 4713.30, or 4713.34 of the Revised Code;

(2) A current, valid temporary pre-examination work permit issued under section 4713.22 of the Revised Code;

(3) A current, valid temporary special occasion work permit issued under section 4713.37 of the Revised Code;

(4) ~~A current, valid temporary work permit issued under rules adopted by the board pursuant to section 4713.08 of the Revised Code;~~

~~(5)~~ A current, valid registration under section 4713.69 of the Revised Code.

(D) Employ an individual to practice a branch of cosmetology if the individual does not hold one of the following authorizing the practice of that branch of cosmetology:

(1) A current, valid license under section 4713.28, 4713.30, or 4713.34 of the Revised Code;

(2) A current, valid temporary pre-examination work permit issued under section 4713.22 of the Revised Code;

(3) A current, valid temporary special occasion work permit issued under section 4713.37 of the Revised Code;

(4) ~~A current, valid temporary work permit issued under rules adopted by the board pursuant to section 4713.08 of the Revised Code;~~

~~(5)~~ A current, valid registration under section 4713.69 of the Revised Code.

(E) Except for apprentice instructors and as provided in section 4713.45 of the Revised Code, teach the theory or practice of a branch of cosmetology at a school ~~of cosmetology~~ without either of the following authorizing the teaching of that branch of cosmetology:

(1) A current, valid license under section 4713.31 or 4713.34 of the Revised Code;

(2) A current, valid temporary special occasion work permit issued under section 4713.37 of the Revised Code.

(F) Advertise or operate a glamour photography service in which a branch of cosmetology is practiced unless the individual practicing the branch of cosmetology holds either of the following authorizing the practice of that branch of cosmetology:

(1) A current, valid license under section 4713.28, 4713.30, or 4713.34 of the Revised Code;

(2) A current, valid temporary special occasion work permit issued under section 4713.37 of the Revised Code.

(G) Advertise or operate a glamour photography service in which a branch of cosmetology is practiced at a location not specified by rules adopted under section 4713.08 of the Revised Code;

(H) Practice a branch of cosmetology at a salon as an independent contractor without a current, valid independent contractor license issued under section 4713.39 of the Revised Code;

(I) Operate a salon without a current, valid license under section 4713.41 of the Revised Code;

(J) Provide any of the following at a salon for pay, free, or otherwise:

(1) Massage therapy, unless the individual has a current, valid license issued by the state medical board under section 4731.15 of the Revised Code;

(2) Any other professional service, unless the individual has a current, valid license or certificate issued by the professional regulatory board of this state that regulates the profession;

(3) Cosmetic therapy, unless the individual is authorized by rules adopted under section 4713.08 of the Revised Code.

(K) Teach a branch of cosmetology at a salon, unless the individual receiving the instruction holds either of the following authorizing the practice of that branch of cosmetology:

(1) A current, valid license under section 4713.28, 4713.30, or 4713.34 of the Revised Code;

(2) A current, valid temporary pre-examination work permit issued under section 4713.22 of the Revised Code.

(L) Operate a school ~~of cosmetology~~ without a current, valid license under section 4713.44 of the Revised Code;

(M) At a salon or school ~~of cosmetology~~, do any of the following:

(1) Use or possess a cosmetic product containing an ingredient that the United States food and drug administration has prohibited by regulation;

(2) Use a cosmetic product in a manner inconsistent with a restriction established by the United States food and drug administration by regulation;

(3) Use or possess a liquid nail monomer containing any trace of methyl methacrylate (MMA).

(N) While in charge of a salon or school ~~of cosmetology~~, permit any individual to sleep in, or use for residential purposes, any room used wholly or in part as the salon or school ~~of cosmetology~~;

(O) Maintain, as an established place of business for the practice of one or more of the branches of cosmetology, a room used wholly or in part for sleeping or residential purposes;

(P) Operate a tanning facility that is offered to the public for a fee or other compensation without a current, valid permit under section 4713.48 of the Revised Code;

(Q) Practice a branch of cosmetology in a location other than a licensed facility unless otherwise exempted under section 4713.16 or, 4713.17, or 4713.351 of the Revised Code;

(R) Use any of the services or arts that are part of the practice of a branch of cosmetology to treat or attempt to cure a physical or mental disease or ailment.

Sec. 4713.141. An inspector employed by the state cosmetology and barber board may take a sample of a product used or sold in a salon or school ~~of cosmetology~~ for the purpose of examining the sample, or causing an examination of the sample to be made, to determine whether division (M) of section 4713.14 of the Revised Code has been violated.

Should the results of the test prove that division (M) of section 4713.14 of the Revised Code has been violated, the board shall take action in accordance with section 4713.64 of the Revised Code. A fine imposed under that section shall include the cost of the test. The person's license may be suspended or revoked.

Sec. 4713.16. (A) This chapter does not prohibit any of the following:

(1) Practicing a branch of cosmetology without a license or registration if the individual does so for free at the individual's home for a family member who resides in the same household as the individual;

(2) The retail sale, or trial demonstration by application to the skin for purposes of retail sale, of cosmetics, preparations, tonics, antiseptics, creams, lotions, wigs, or hairpieces without a practicing license or registration;

(3) The retailing, at a salon, of cosmetics, preparations, tonics, antiseptics, creams, lotions, wigs, hairpieces, clothing, or any other items that pose no risk of creating unsanitary conditions at the salon;

(4) The provision of glamour photography services at a licensed salon if either of the following is the case:

(a) A branch of cosmetology is not practiced as part of the services.

(b) If a branch of cosmetology is practiced as part of the services, the part of the services that is a branch of cosmetology is performed by an individual who holds either of the following authorizing the individual to practice that branch of cosmetology:

(i) A current, valid license under section 4713.28, 4713.30, or 4713.34 of the Revised Code;

(ii) A current, valid temporary special occasion work permit issued under section 4713.37 of the Revised Code.

(5) A student engaging, as a student, in work connected with a branch of cosmetology taught at the school ~~of cosmetology~~ at which the student is enrolled;

(6) Practicing a branch of cosmetology without a license or registration if the individual does so for free for the purpose of researching or developing a cosmetic as defined in section 3715.01 of the Revised Code;

(7) An individual who holds a license or registration issued under this chapter practicing a branch of cosmetology on a dead human body at a funeral home or embalming facility licensed under section 4717.06 of the Revised Code.

(B) A student in a career-technical program learning a branch of cosmetology may continue developing skills in the respective branch of cosmetology after completing the required coursework or obtaining a license in the respective branch of cosmetology by working in the licensed career-technical school clinic if the student does not receive any compensation. This allowance terminates upon the graduation of the student from the career-technical school.

Sec. 4713.17. (A) The following persons are exempt from the provisions of this chapter, except, as applicable, section 4713.42 of the Revised Code:

(1) All individuals authorized to practice medicine, surgery, dentistry, and nursing or any of its branches in this state, while acting within the scope of practice for the license, permit, or certificate held;

(2) Commissioned surgical and medical officers of the United States army, navy, air force, or marine hospital service when engaged in the actual performance of their official duties, and attendants attached to same, while acting within the scope of practice for the license, permit, or certificate held;

(3) Funeral directors, embalmers, and apprentices licensed or ~~registered~~ certified under Chapter 4717. of the Revised Code, while acting within the scope of practice for the license, permit, or certificate held;

(4) Persons who are engaged in the retail sale, cleaning, or beautification of wigs and hairpieces but who do not engage in any other act constituting the practice of a branch of cosmetology;

(5) Volunteers of hospitals, and homes as defined in section 3721.01 of the Revised Code, who render service to registered patients and inpatients who reside in such hospitals or homes. Such volunteers shall not use or work with any chemical products such as permanent wave, hair dye, or chemical hair relaxer, which without proper training would pose a health or safety problem to the patient.

(6) Nurse aides and other employees of hospitals and homes as defined in section 3721.01 of the Revised Code, who practice a branch of cosmetology on registered patients only as part of general patient care services and who do not charge patients directly on a fee for service basis;

(7) Massage therapists who hold current, valid licenses to practice massage therapy issued by the state medical board under section 4731.15 of the Revised Code, ~~to the extent their actions are authorized by their licenses~~while acting within the scope of practice for the license held;

(8) Inmates who provide services related to the practice of a branch of cosmetology to other inmates, except when those services are provided in a licensed school ~~of cosmetology~~ within a state correctional institution ~~for females~~.

(B) The director of rehabilitation and correction shall oversee the services described in division (A)(8) of this section with respect to ~~sanitation~~ infection control and adopt rules governing those types of services provided by inmates.

Sec. 4713.25. (A) The state cosmetology and barber board may administer a separate ~~advanced cosmetologist~~ examination for an advanced license to practice cosmetology for individuals who complete an advanced cosmetologist training course separate from a cosmetologist training course. The board may combine the advanced cosmetologist examination with the cosmetologist examination for individuals who complete a combined cosmetologist and advanced cosmetologist training course.

(B) The board may administer a separate ~~advanced esthetician~~ examination for an advanced license to practice esthetics for individuals who complete an advanced esthetician training course separate from an esthetician training course. The board may combine the advanced esthetician examination with the esthetician examination for individuals who complete an esthetician and advanced esthetician training course.

(C) The board may administer a separate ~~advanced hair designer~~ examination for an advanced license to practice hair design for individuals who complete an advanced hair designer training course separate from a hair designer training course. The board may combine the advanced hair designer examination with the hair designer examination for individuals who complete a hair designer and advanced hair designer training course.

(D) The board may administer a separate ~~advanced manicurist~~ examination for an advanced license to practice manicuring for individuals who complete an advanced manicurist training course separate from a manicurist training course. The board may combine the advanced manicurist examination with the manicurist examination for individuals who complete a manicurist and advanced manicurist training course.

(E) The board may administer a separate ~~advanced natural hair stylist~~ examination for an advanced license to practice natural hair styling for individuals who complete an advanced natural hair stylist training course separate from a natural hair stylist training course. The board may combine the advanced natural hair stylist examination with the natural hair stylist examination for individuals who complete a natural hair stylist and advanced natural hair stylist training course.

Sec. 4713.28. (A) The state cosmetology and barber board shall issue a practicing license to an applicant who satisfies all of the following applicable conditions:

(1) Is at least sixteen years of age;

(2) Has the equivalent of an Ohio public school tenth grade education;

(3) Has submitted a written application on a form furnished by the board that contains all of the following:

(a) The name of the individual and any other identifying information required by the board;

(b) ~~A recent photograph of the individual that meets the specifications established by the board;~~

~~(c)~~ A photocopy of the individual's current driver's license or other proof of legal residence;

~~(d)~~ (c) Proof that the individual is qualified to take the applicable examination as required by section 4713.20 of the Revised Code;

~~(e)~~ (d) An oath verifying that the information in the application is true;

~~(f)~~ (e) The applicable application fee.

(4) Submits to having a photograph taken by the board;

(5) Passes an examination conducted under division (A) of section 4713.24 of the Revised Code for the branch of cosmetology the applicant seeks to practice;

~~(5)~~ (6) Pays to the board the applicable license fee;

~~(6)~~ (7) In the case of an applicant for an initial cosmetologist license, has successfully completed at least one thousand five hundred hours of board-approved cosmetology training in a school ~~of cosmetology licensed in this state~~, except that only one thousand hours of board-approved cosmetology training in a school ~~of cosmetology licensed in this state~~ is required of an individual licensed as a barber under Chapter 4709. of the Revised Code;

~~(7)~~ (8) In the case of an applicant for an initial esthetician license, has successfully completed at least six hundred hours of board-approved esthetics training in a school ~~of cosmetology licensed in this state~~;

~~(8)~~ (9) In the case of an applicant for an initial hair designer license, has successfully completed at least one thousand two hundred hours of board-approved hair designer training in a school ~~of cosmetology licensed in this state~~, except that only one thousand hours of board-approved hair designer training in a school ~~of cosmetology licensed in this state~~ is required of an individual licensed as a barber under Chapter 4709. of the Revised Code;

~~(9)~~ (10) In the case of an applicant for an initial manicurist license, has successfully completed at least two hundred hours of board-approved manicurist training in a school ~~of cosmetology licensed in this state~~;

~~(10)~~ (11) In the case of an applicant for an initial natural hair stylist license, has successfully completed at least four hundred fifty hours of instruction in subjects relating to ~~sanitation~~infection control, scalp care, anatomy, hair styling, communication skills, and laws and rules governing the practice of cosmetology.

(B) The board shall not deny a license to any applicant based on prior incarceration or conviction for any crime. If the board denies an individual a license or license renewal, the reasons for such denial shall be put in writing.

Sec. 4713.30. The state cosmetology and barber board shall issue an advanced license to an applicant who satisfies all of the following applicable conditions:

(A) Is at least sixteen years of age;

(B) Has the equivalent of an Ohio public school tenth grade education;

(D) Submits to having a photograph taken by the board;

(E) Passes the appropriate advanced license examination;

~~(E)~~ (F) In the case of an applicant for an initial advanced ~~cosmetologist~~ license to practice cosmetology, does either of the following:

(1) ~~Has a licensed advanced cosmetologist or owner of a licensed beauty salon located in this or another state certify to~~ Submits proof, as determined by the board, that the applicant has practiced as a cosmetologist for at least one thousand eight hundred hours in a licensed beauty salon;

(2) Has a school ~~of cosmetology~~ licensed in this state certify to the board that the applicant has successfully completed, in addition to the hours required for licensure as a cosmetologist, at least three hundred hours of board-approved advanced cosmetologist training.

~~(F)~~ (G) In the case of an applicant for an initial advanced ~~esthetician~~ license to practice esthetics, does either of the following:

(1) ~~Has the licensed advanced esthetician, licensed advanced cosmetologist, or owner of a licensed esthetics salon or licensed beauty salon located in this or another state certify to~~ Submits proof, as determined by the board, that the applicant has practiced esthetics for at least one thousand eight hundred hours as an esthetician in a licensed esthetics salon or as a cosmetologist in a licensed beauty salon;

(2) Has a school ~~of cosmetology~~ licensed in this state certify to the board that the applicant has successfully completed, in addition to the hours required for licensure as an esthetician or cosmetologist, at least one hundred fifty hours of board-approved advanced esthetician training.

~~(G)~~ (H) In the case of an applicant for an initial advanced ~~hair designer~~ license to practice hair design, does either of the following:

(1) ~~Has the licensed advanced hair designer, licensed advanced cosmetologist, or owner of a licensed hair design salon or licensed beauty salon located in this or another state certify to~~ Submits proof, as determined by the board, that the applicant has practiced hair design for at least one thousand eight hundred hours as a hair designer in a licensed hair design salon or as a cosmetologist in a licensed beauty salon;

(2) Has a school ~~of cosmetology~~ licensed in this state certify to the board that the applicant has successfully completed, in addition to the hours required for licensure as a hair designer or cosmetologist, at least two hundred forty hours of board-approved advanced hair designer training.

~~(H)~~ (I) In the case of an applicant for an initial advanced ~~manicurist~~ license to practice manicuring, does either of the following:

(1) ~~Has the licensed advanced manicurist, licensed advanced cosmetologist, or owner of a licensed nail salon, licensed beauty salon, or licensed barber shop located in this or another state certify to~~ Submits proof, as determined by the board, that the applicant has practiced manicuring for at least one thousand eight hundred hours as a manicurist in a licensed nail salon or licensed barber shop or as a cosmetologist in a licensed beauty salon or licensed barber shop;

(2) Has a school ~~of cosmetology~~ licensed in this state certify to the board that the applicant has successfully completed, in addition to the hours required for licensure as a manicurist or cosmetologist, at least one hundred hours of board-approved advanced manicurist training.

~~(I)~~ (J) In the case of an applicant for an initial advanced ~~natural hair stylist~~ license to practice natural hair styling, does either of the following:

(1) ~~Has the licensed advanced natural hair stylist, licensed advanced cosmetologist, or owner of a licensed natural hair style salon or licensed beauty salon located in this or another state certify to~~ Submits proof, as determined by the board, that the applicant has practiced natural hair styling for at least one thousand eight hundred hours as a natural hair stylist in a licensed natural hair style salon or as a cosmetologist in a licensed beauty salon;

(2) Has a school ~~of cosmetology~~ licensed in this state certify to the board that the applicant has successfully completed, in addition to the hours required for licensure as a natural hair stylist or cosmetologist, at least one hundred fifty hours of board-approved advanced natural hair stylist training.

(K) Pays to the board the applicable license fee.

Sec. 4713.31. The state cosmetology and barber board shall issue an instructor license to an applicant who satisfies all of the following applicable conditions:

(A) Is at least eighteen years of age;

(B) Has the equivalent of an Ohio public school twelfth grade education;

(D) Submits to having a photograph taken by the board;

(E) In the case of an applicant for an initial cosmetology instructor license, holds a current, valid advanced ~~cosmetologist~~ license to practice cosmetology issued in this state and does either of the following:

(1) ~~Has the licensed advanced cosmetologist or owner of the licensed beauty salon in which the applicant has been employed certify to~~ Submits proof, as determined by the board, that the applicant has engaged in the practice of cosmetology in a licensed beauty salon for at least one thousand eight hundred hours;

(2) Has a school ~~of cosmetology~~ licensed in this state certify to the board that the applicant has successfully completed one thousand hours of board-approved cosmetology instructor training as an apprentice instructor.

~~(E)~~ (F) In the case of an applicant for an initial esthetics instructor license, holds a current, valid advanced ~~esthetician or advanced cosmetologist~~ license to practice esthetics or cosmetology issued in this state and does either of the following:

(1) ~~Has the licensed advanced esthetician, licensed advanced cosmetologist, or owner of the licensed esthetics salon or licensed beauty salon in which the applicant has been employed certify to~~ Submits proof, as determined by the board, that the applicant has engaged in the practice of esthetics in a licensed esthetics salon or practice of cosmetology in a licensed beauty salon for at least one thousand eight hundred hours;

(2) Has a school ~~of cosmetology~~ licensed in this state certify to the board that the applicant has successfully completed at least five hundred hours of board-approved esthetics instructor training as an apprentice instructor.

~~(F)~~ (G) In the case of an applicant for an initial hair design instructor license, holds a current, valid advanced ~~hair designer or advanced cosmetologist~~ license to practice hair design or cosmetology and does either of the following:

(1) ~~Has the licensed advanced hair designer, licensed advanced cosmetologist, or owner of the licensed hair design salon or licensed beauty salon in which the applicant has been employed certify to~~ Submits proof, as determined by the board, that the applicant has engaged in the practice of hair design in a licensed hair design salon or practice of cosmetology in a licensed beauty salon for at least one thousand eight hundred hours;

(2) Has a school ~~of cosmetology~~ licensed in this state certify to the board that the applicant has successfully completed at least eight hundred hours of board-approved hair design ~~instructor's~~ instructor training as an apprentice instructor.

~~(G)~~ (H) In the case of an applicant for an initial manicurist instructor license, holds a current, valid advanced ~~manicurist or advanced cosmetologist~~ license to practice manicuring or cosmetology and does either of the following:

(1) ~~Has the licensed advanced manicurist, licensed advanced cosmetologist, or owner of the licensed nail salon or licensed beauty salon in which the applicant has been employed certify to~~ Submits proof, as determined by the board, that the applicant has engaged in the practice of manicuring in a licensed nail salon or practice of cosmetology in a licensed beauty salon for at least one thousand eight hundred hours;

(2) Has a school ~~of cosmetology~~ licensed in this state certify to the board that the applicant has successfully completed at least three hundred hours of board-approved manicurist instructor training as an apprentice instructor.

~~(H)~~ (I) In the case of an applicant for an initial natural hair style instructor license, holds a current, valid advanced ~~natural hair stylist or advanced cosmetologist~~ license to practice natural hair styling or cosmetology and does either of the following:

(1) Has the licensed advanced natural hair stylist, licensed advanced cosmetologist, or owner of the licensed natural hair style salon or licensed beauty salon in which the applicant has been employed certify to Submits proof, as determined by the board, that the applicant has engaged in the practice of natural hair styling in a licensed natural hair style salon or practice of cosmetology in a licensed beauty salon for at least one thousand eight hundred hours;

(2) Has a school ~~of cosmetology~~ licensed in this state certify to the board that the applicant has successfully completed at least four hundred hours of board-approved natural hair style instructor training as an apprentice instructor.

~~(I)~~ (J) In the case of all applicants, passes an examination conducted under division (B) of section 4713.24 of the Revised Code for the branch of cosmetology the applicant seeks to instruct.

(K) Pays to the board the applicable license fee.

Sec. 4713.34. (A) The state cosmetology and barber board shall issue a license to practice a branch of cosmetology or instructor license to an applicant who is licensed or registered in another state or country to practice that branch of cosmetology or teach the theory and practice of that branch of cosmetology, as appropriate, if ~~all of~~ the ~~following conditions are satisfied:~~

~~(A) The~~ applicant satisfies all of the following conditions:

(1) Is not less than eighteen years of age;

(2) In the case of an applicant for a practicing license, passes an examination conducted under section 4713.24 of the Revised Code for the license the applicant seeks, unless the applicant satisfies conditions specified in rules adopted under section 4713.08 of the Revised Code for the board to issue the applicant a license without taking the examination;

(3) Pays the applicable fee.

(B) At the time the applicant obtained the license or registration in the other state or country, the requirements in this state for obtaining the license the applicant seeks were substantially equal to the other state or country's requirements.

~~(C) The jurisdiction that issued the applicant's license or registration extends similar reciprocity to individuals holding a license issued by the board.~~

Sec. 4713.35. An individual who holds a current, valid cosmetologist license or an advanced ~~cosmetologist~~ license to practice cosmetology issued by the state cosmetology and barber board may engage in the practice of one or more branches of cosmetology as the individual chooses in a licensed facility.

An individual who holds a current, valid esthetician license or an advanced ~~esthetician~~ license to practice esthetics issued by the board may engage in the practice of esthetics but no other branch of cosmetology in a licensed facility.

An individual who holds a current, valid hair designer license or an advanced ~~hair designer~~ license to practice hair design issued by the board may engage in the practice of hair design but no other branch of cosmetology in a licensed facility.

An individual who holds a current, valid manicurist license or an advanced ~~manicurist~~ license to practice manicuring issued by the board may engage in the practice of manicuring but no other branch of cosmetology in a licensed facility.

An individual who holds a current, valid natural hair stylist license or an advanced ~~natural hair stylist~~ license to practice natural hair styling issued by the board may engage in the practice of natural hair styling but no other branch of cosmetology in a licensed facility.

An individual who holds a current, valid cosmetology instructor license issued by the board may teach the theory and practice of one or more branches of cosmetology at a school ~~of cosmetology~~ as the individual chooses.

An individual who holds a current, valid esthetics instructor license issued by the board may teach the theory and practice of esthetics, but no other branch of cosmetology, at a school ~~of cosmetology~~.

An individual who holds a current, valid hair design instructor license issued by the board may teach the theory and practice of hair design, but no other branch of cosmetology, at a school ~~of cosmetology~~.

An individual who holds a current, valid manicurist instructor license issued by the board may teach the theory and practice of manicuring, but no other branch of cosmetology, at a school ~~of cosmetology~~.

An individual who holds a current, valid natural hair style instructor license issued by the board may teach the theory and practice of natural hair styling, but no other branch of cosmetology, at a school ~~of cosmetology~~.

An individual who holds a current, valid boutique services registration with the board may engage in the practice of boutique services but no other branch of cosmetology.

Sec. 4713.39. The state cosmetology and barber board shall issue a license to engage in the practice of a branch of cosmetology as an independent contractor to an applicant who pays the applicable fee; holds a current, valid license for the ~~type of salon in which the applicant will practice that~~ branch of cosmetology that the applicant practices; and satisfies the conditions for the license established by rules adopted under section 4713.08 of the Revised Code.

Sec. 4713.41. The state cosmetology and barber board shall issue a license to operate a salon, including a boutique salon, to an applicant who pays the applicable fee and affirms that all of the following conditions will be met:

(A)(1) An individual holding a current, valid cosmetologist license or boutique services registration pertaining to the branch of cosmetology services performed at the salon or boutique salon, shall have charge of and immediate supervision over the salon at all times when the salon is open for business except as permitted under division (A)(2) of this section.

(2) A business establishment that is engaged primarily in retail sales but is also licensed as a salon shall have present an individual holding a current, valid license or registration to practice in that type of salon in charge of and in immediate supervision of the salon during posted or advertised service hours, if the practice of cosmetology is restricted to those posted or advertised service hours.

(B) The salon is equipped to do all of the following:

(1) Provide potable running hot and cold water and proper drainage;

(2) ~~Sanitize~~ Disinfect all instruments and supplies used in the branch of cosmetology provided at the salon;

(3) If cosmetic therapy, massage therapy, or other professional service is provided at the salon under section 4713.42 of the Revised Code, ~~sanitize~~ disinfect all instruments and supplies used in the cosmetic therapy, massage therapy, or other professional service.

(C) Except as provided in sections 4713.42 and 4713.49 of the Revised Code, only the branch of cosmetology that the salon is licensed to provide is practiced at the salon.

(D) The salon is kept in a clean and sanitary condition and properly ventilated.

(E) No food is sold at the salon in a manner inconsistent with rules adopted under section 4713.08 of the Revised Code.

(F) A notice that contains a toll-free number and online process for reporting alleged violations of this chapter, as prescribed by the board ~~of cosmetology~~, is posted at the salon in a common area for all customers of salon services.

Sec. 4713.44. (A) The state cosmetology and barber board shall issue a license to operate a school to an applicant who satisfies all of the following requirements:

(1) Maintains a course of practical training and technical instruction for the branch or branches of cosmetology or barbering to be taught at the school equal to the requirements for admission to an examination under section 4709.07 or 4713.24 of the Revised Code that an individual must pass to obtain a license to practice that branch or those branches of cosmetology or barbering;

(2) Possesses or makes available apparatus and equipment sufficient for the ready and full teaching of all subjects of the curriculum;

(3) Notifies the board of the enrollment of each new student, keeps a record devoted to the different practices, establishes grades, and holds examinations in order to certify the students' completion of the prescribed course of study before the issuance of certificates of completion;

(4) In the case of a school that offers clock hours for the purpose of satisfying minimum hours of training and instruction, keeps a daily record of the attendance of each student;

(5) Except as provided in division (C)(2) of this section, files with the board a good and sufficient surety bond executed by the individual, firm, or corporation operating the school as principal and by a surety company as surety in the amount of ten thousand dollars;

(6) Establishes and maintains an internal procedure for processing complaints filed against the school and for providing students with instructions on how to file a complaint directly with the board pursuant to section 4713.641 of the Revised Code;

(7) Complies with the requirements of division (B) of this section if the school offers instruction in theory and practice of one or more branches of cosmetology;

(8) Complies with the requirements of section 4709.10 of the Revised Code if the school offers instruction in the theory and practice of barbering;

(9) Pays the licensure fee.

(B) If the school for which an applicant is applying for a license under division (A) of this section offers instruction in the theory and practice of one or more branches of cosmetology, the applicant shall do all of the following to be issued the license:

(1) Maintain individuals licensed under section 4713.31 or 4713.34 of the Revised Code to teach the theory and practice of the branch or branches of cosmetology offered at the school;

(2) On the date that an apprentice cosmetology instructor begins cosmetology instructor training at the school, certify the name of the apprentice cosmetology instructor to the board along with the date on which the apprentice's instructor training began;

(3) Instruct not more than six apprentice cosmetology instructors at any one time.

(C)(1) The bond required under division (A)(5) of this section shall be in the form prescribed by the board and be conditioned on the school's continued instruction in the theory and practice of one or more branches of cosmetology or barbering. The bond shall continue in effect until notice of its termination is given to the board by registered mail and every bond shall so provide.

(2) The requirement under division (A)(5) of this section does not apply to a vocational or career-technical school program conducted by a city, exempted village, local, or joint vocational school district.

(D) A school licensed under this section is an educational institution and is authorized to offer educational programs beyond secondary education, advanced practice programs, or both in accordance with rules adopted by the board pursuant to section 4713.08 of the Revised Code.

(E) A school license issued to an applicant under division (A) of this section is not transferable from one owner to another or from one location to another.

Sec. 4713.45. (A) A school may do any of the following:

(1) In accordance with rules adopted under section 4713.08 of the Revised Code, a school may offer clock hours, credit hours, or competency-based credits for the purpose of satisfying minimum hours of training and instruction;

(2) Subject to division (B) of this section, employ an individual who does not hold a current, valid instructor or barber instructor license to teach subjects related to a branch of cosmetology or barbering;

(3) If the school offers instruction in the theory and practice of one or more branches of cosmetology, both of the following:

(a) Allow an apprentice cosmetology instructor the regular quota of students prescribed by the state cosmetology and barber board if a cosmetology instructor is present;

(b) Compensate an apprentice cosmetology instructor.

(4) If the school offers instruction in the theory and practice of barbering, establish entrance requirements for the acceptance of student applicants that are more stringent than those prescribed by the board under division (A)(20) of section 4713.08 of the Revised Code, but at a minimum require an applicant to meet both of the following:

(a) Be at least sixteen years of age;

(b) Have an eighth grade education, or an equivalent education as determined by the state board of education.

(B) A school shall have a licensed cosmetology or barber instructor present when an individual employed pursuant to division (A)(4) of this section teaches at the school, unless the individual is one of the following:

(1) An individual with a current, valid teacher's certificate or educator license issued by the state board of education;

(2) An individual with a bachelor's degree in the subject the person teaches at the school;

(3) An individual also employed by a university or college to teach the subject the person teaches at the school.

(C) A school annually shall review the subjects and coursework required to receive an initial practicing, advanced, or barber license and, in doing so, shall incorporate standards adopted by the board pursuant to division (A)(13) of section 4713.08 of the Revised Code.

Sec. 4713.46. A student who is injured or damaged by reason of the failure of a school ~~of cosmetology~~ to continue instruction in the theory and practice of a branch of cosmetology or barbering may maintain an action on the bond against the school, or surety named therein, or both of them, for the recovery of any money or tuition paid in advance for instruction in the theory and practice of a branch of cosmetology or barbering that was not received. The aggregate liability of the surety to all students shall not exceed the sum of the bond.

Sec. 4713.49. The owner or manager of a salon or school that has a permit issued under section 4713.48 of the Revised Code may operate a tanning facility at the salon or school.

Sec. 4713.55. Every license issued by the state cosmetology and barber board shall be signed by the chairperson and attested by the executive director of the board, with the seal of the board attached.

The board shall specify on each practicing and advanced license that the board issues the branch of cosmetology that the license entitles the holder to practice. The board shall specify on each advanced license that the board issues the type of salon in which the license entitles the holder to work and the branch of cosmetology that the license entitles the holder to practice. The board shall specify on each instructor license that the board issues the branch of cosmetology that the license entitles the holder to teach. The board shall specify on each salon license that the board issues the branch of cosmetology that the license entitles the holder to offer. The board shall specify on each independent contractor license that the board issues that the holder is entitled to practice only the branch of cosmetology ~~that the~~ for which a current, valid license ~~entitles the holder to offer~~ is held within a licensed salon. Such licenses are prima-facie evidence of the right of the holder to practice or teach the branch of cosmetology that the license specifies.

Sec. 4713.56. Every holder of a practicing license, advanced license, instructor license, independent contractor license, or boutique service registration issued by the state cosmetology and barber board shall maintain the board-issued, wallet-sized license or electronically generated license certification or registration and a current government-issued photo identification that can be produced upon inspection or request.

Every holder of a license to operate a salon issued by the board shall display the license in a public and conspicuous place in the salon.

Every holder of a license to operate a school ~~of cosmetology~~ issued by the board shall display the license in a public and conspicuous place in the school.

Every individual who provides massage therapy or other professional service in a salon under section 4713.42 of the Revised Code shall maintain the individual's professional license or certificate or electronically generated license certification or registration and a state of Ohio issued photo identification that can be produced upon inspection or request.

Sec. 4713.58. (A) Except as provided in division (B) of this section, on payment of the renewal fee and ~~submission of proof satisfactory~~ attestation to the state cosmetology and barber board that any applicable continuing education requirements have been completed, an individual currently licensed as:

(1) A cosmetology instructor who has previously been ~~licensed as~~ issued a practicing cosmetologist license or an advanced ~~cosmetologist~~license to practice cosmetology, is entitled to the reissuance of ~~a cosmetologist~~ the practicing or advanced cosmetologist license;

(2) An esthetics instructor who has previously been ~~licensed as an~~ issued a practicing esthetician license or an advanced ~~esthetician~~license to practice esthetics, is entitled to the reissuance of ~~an esthetician~~ the practicing or advanced esthetician license;

(3) A hair design instructor who has previously been ~~licensed as~~ issued a practicing hair designer license or an advanced ~~hair designer~~license to practice hair design, is entitled to the reissuance of ~~a hair designer~~ the practicing or advanced hair designer license;

(4) A manicurist instructor who has previously been ~~licensed as~~ issued a practicing manicurist license or an advanced ~~manicurist~~license to practice manicuring, is entitled to the reissuance of ~~a manicurist~~ the practicing or advanced manicurist license;

(5) A natural hair style instructor who has previously been ~~licensed as~~ issued a practicing natural hair stylist license or an advanced ~~natural hair stylist~~license to practice natural hair styling, is entitled to the reissuance of ~~a natural hair stylist~~ the practicing or advanced natural hair stylist license.

(B) No individual is entitled to the reissuance of a license under division (A) of this section if the license was revoked or suspended or the individual has an outstanding unpaid fine levied under section 4713.64 of the Revised Code.

Sec. 4713.59. If the state cosmetology and barber board adopts rules under section 4713.09 of the Revised Code to establish a continuing education requirement as a condition of renewal for a practicing license, advanced license, or instructor license, or boutique services registration, the board shall inform each affected licensee or registrant of the continuing education requirement that applies to the next biennial licensing period by including that information in the renewal notification it sends the licensee or registrant. The notification shall state that the licensee or registrant must complete the continuing education requirement by the fifteenth day of January of the next odd-numbered year.

Hours completed in excess of the continuing education requirement may not be applied to the next biennial licensing period.

Sec. 4713.60. (A) Except as provided in division ~~(C)~~ (B) of this section, an individual seeking a renewal of a license to practice a branch of cosmetology, advanced license, instructor license, or boutique services registration shall ~~include~~ attest in the renewal application ~~proof satisfactory~~ to the ~~board of~~ completion of any applicable continuing education requirements established by rules adopted under section 4713.09 of the Revised Code.

(B) If an applicant fails to provide satisfactory proof of completion of any applicable continuing education requirements, the board shall notify the applicant that the application is incomplete. The board shall not renew the license or registration until the applicant provides satisfactory proof of completion of any applicable continuing education requirements. The board may provide the applicant with an extension of up to ninety days in which to complete the continuing education requirement. In providing for the extension, the board may charge the licensee or registrant a fine of up to one hundred dollars.

~~(C)~~ The state cosmetology and barber board may waive, or extend the period for completing, any continuing education requirement if a licensee or registrant applies to the board and provides proof satisfactory to the board of being unable to complete the requirement within the time allowed because of any of the following:

(1) An emergency;

(2) An unusual or prolonged illness;

(3) Active duty service in any branch of the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state.

The board shall determine the period of time during which each extension is effective and shall inform the applicant. The board shall also inform the applicant of the continuing education requirements that must be met to have the license or registration renewed. If an extension is granted for less than one year, the continuing education requirement for that year, in addition to the required continuing education for the succeeding year, must be completed in the succeeding year. In all other cases the board may waive all or part of the continuing education requirement on a case-by-case basis. Any required continuing education shall be completed ~~and satisfactory proof of its completion submitted to the board~~ by a date specified by the board. Every license or registration that has not been renewed in the timeframe specified in section 4713.57 of the Revised Code and for which the continuing education requirement has not been waived or extended shall be considered expired.

Sec. 4713.61. (A) If the state cosmetology and barber board adopts a continuing education requirement under section 4713.09 of the Revised Code, it may develop a procedure by which an individual who holds a license to practice a branch of cosmetology, advanced license, or instructor license and who is not currently engaged in the practice of the branch of cosmetology or teaching the theory and practice of the branch of cosmetology, but who desires to be so engaged in the future, may apply to the board to have the individual's license classified inactive. If the board develops such a procedure, an individual seeking to have the individual's license classified inactive shall apply to the board on a form provided by the board and pay the fee established by rules adopted under section 4713.08 of the Revised Code.

(B) The board shall not restore an inactive license until ~~the later of the following:~~

~~(1) The date that~~ the individual holding the license submits proof satisfactory to the board that the individual has completed the continuing education that a rule adopted under section 4713.08 of the Revised Code requires;

~~(2) The last day of January of the next odd-numbered year following the year the license is classified inactive.~~

(C) An individual who holds an inactive license may engage in the practice of a branch of cosmetology if the individual holds a temporary work permit as specified in rules adopted by the board under section 4713.08 of the Revised Code.

Sec. 4713.62. (A) An individual holding a practicing license, advanced license, instructor license, or boutique services registration may satisfy a continuing education requirement established by rules adopted under section 4713.09 of the Revised Code only by completing continuing education programs approved under division (B) of this section.

(B) The state cosmetology and barber board shall approve a continuing education program if all of the following conditions are satisfied:

(1) The person operating the program submits to the board a written application for approval.

(2) The person operating the program pays to the board a fee established by rules adopted under section 4713.08 of the Revised Code.

(3) The program is operated by an employee, officer, or director of a nonprofit professional association, college or university, proprietary continuing education institutions providing programs approved by the board, vocational school, postsecondary proprietary school ~~of cosmetology~~ licensed by the board, salon licensed by the board, barber shop licensed by the board under section 4709.09 of the Revised Code, or manufacturer of supplies or equipment used in the practice of a branch of cosmetology or barbering.

(4) The program will do at least one of the following:

(a) Enhance the professional competency of the affected licensees or registrants;

(b) Protect the public;

(c) Educate the affected licensees or registrants in the application of the laws and rules regulating the practice of a branch of cosmetology or barbering.

(5) The person operating the program provides the board a tentative schedule of when the program will be available so that the board can make the schedule readily available to all licensees and registrants throughout the state.

Sec. 4713.63. A practicing license, advanced license, or instructor license that has not been renewed for any reason other than because it has been revoked, suspended, or classified inactive, or because the license holder has been given a waiver or extension under section 4713.60 of the Revised Code, is expired. An expired license may be restored if the individual who held the license meets all of the following applicable conditions:

(A) Pays to the state cosmetology and barber board the restoration fee established under section 4713.10 of the Revised Code;

(B) In the case of a practicing license or advanced license that has been expired for more than two consecutive license renewal periods, completes eight hours of continuing education for each license renewal period that has elapsed since the license was last issued or renewed, up to a maximum of twenty-four hours.

At least four of those hours shall include a course pertaining to ~~sanitation~~ infection control and safety methods.

~~The board shall deposit all fees it receives under division (B) of this section into the general revenue fund.~~

Sec. 4713.64. (A) The state cosmetology and barber board may take disciplinary action under this chapter for any of the following:

(1) Failure to comply with the safety, ~~sanitation~~ infection control, and licensing requirements of this chapter or rules adopted under it;

(2) Continued practice by an individual knowingly having an infectious or contagious disease;

(3) Habitual drunkenness or addiction to any habit-forming drug;

(4) Willful false and fraudulent or deceptive advertising;

(5) Falsification of any record or application required to be filed with the board;

(6) Failure to pay a fine or abide by a suspension order issued by the board;

(7) Failure to cooperate with an investigation or inspection;

(8) Failure to respond to a subpoena;

(9) Conviction of or plea of guilty to a violation of section 2905.32 of the Revised Code;

(10) In the case of a salon, any individual's conviction of or plea of guilty to a violation of section 2905.32 of the Revised Code for an activity that took place on the premises of the salon.

(B) On determining that there is cause for disciplinary action, the board may do one or more of the following:

(1) Deny, revoke, or suspend, or impose conditions on a license, permit, or registration issued by the board under this chapter;

(2) Impose a fine;

(3) Require the holder of a license, permit, or registration issued under this chapter to take corrective action courses.

(C)(1) Except as provided in divisions (C)(2) and (3) of this section, the board shall take disciplinary action pursuant to an adjudication under Chapter 119. of the Revised Code.

(2) The board may take disciplinary action without conducting an adjudication under Chapter 119. of the Revised Code against an individual who or salon ~~who~~ that violates division (A)(9) or (10) of this section. After the board takes such disciplinary action, the board shall give written notice to the subject of the disciplinary action of the right to request a hearing under Chapter 119. of the Revised Code.

(3) In lieu of an adjudication, the board may enter into a consent agreement with the holder of a license, permit, or registration issued under this chapter. A consent agreement that is ratified by a majority vote of a quorum of the board members is considered to constitute the findings and orders of the board with respect to the matter addressed in the agreement. If the board does not ratify a consent agreement, the admissions and findings contained in the agreement are of no effect, and the case shall be scheduled for adjudication under Chapter 119. of the Revised Code.

(D) The amount and content of corrective action courses and other relevant criteria shall be established by the board in rules adopted under section 4713.08 of the Revised Code.

(3) At the request of a violator who is temporarily unable to pay a fine, or upon its own motion, the board may extend the time period within which the violator shall pay the fine up to ninety days after the date the board issues the order.

(4) If a violator fails to pay a fine by the date specified in the board's order and does not request an extension within ten days after the date the board issues the order, or if the violator fails to pay the fine within the extended time period as described in division (E)(3) of this section, the board shall add to the fine an additional penalty equal to ten per cent of the fine.

(5) If a violator fails to pay a fine within ninety days after the board issues the order, the board shall add to the fine interest at a rate specified by the board in rules adopted under section 4713.08 of the Revised Code.

~~(6)~~ If the fine~~, including any interest or additional penalty,~~ remains unpaid on the ninety-first day after the board issues an order under division (E)(2) of this section, the amount of the fine ~~and any interest or additional penalty~~ shall be certified to the attorney general for collection in the form and manner prescribed by the attorney general. The attorney general may assess the collection cost to the amount certified in such a manner and amount as prescribed by the attorney general.

(F) In the case of an offense of failure to comply with division (A) or (B)(2) or (3) of section 4713.50 of the Revised Code, the board shall impose a fine of five hundred dollars if the violator has not previously been fined for that offense. If the violator has previously been fined for the offense, the board may impose a fine in accordance with this division or take another action in accordance with division (B) of this section.

(G) The board shall notify a licensee or registrant who is in violation of division (A) of this section and the owner of the salon in which the conditions constituting the violation were found. The individual receiving the notice of violation and the owner of the salon may request a hearing pursuant to section 119.07 of the Revised Code. If the individual or owner fails to request a hearing or enter into a consent agreement thirty days after the date the board, in accordance with section 119.07 of the Revised Code and division (J) of this section, notifies the individual or owner of the board's intent to act against the individual or owner under division (A) of this section, the board by a majority vote of a quorum of the board members may take the action against the individual or owner without holding an adjudication hearing.

(H) The board, after a hearing in accordance with Chapter 119. of the Revised Code or pursuant to a consent agreement, may suspend a license, permit, or registration if the licensee, permit holder, or registrant fails to correct an unsafe condition that exists in violation of the board's rules or fails to cooperate in an inspection. If a violation of this chapter or rules adopted under it has resulted in a condition reasonably believed by an inspector to create an immediate danger to the health and safety of any individual using the facility, the inspector may suspend the license or permit of the facility or the individual responsible for the violation without a prior hearing until the condition is corrected or until a hearing in accordance with Chapter 119. of the Revised Code is held or a consent agreement is entered into and the board either upholds the suspension or reinstates the license, permit, or registration.

(I) The board shall not take disciplinary action against ~~an individual~~ a person licensed to operate a salon or school ~~of cosmetology~~ for a violation of this chapter that was committed by an individual licensed to practice a branch of cosmetology or barbering, while practicing within the salon or school, when the individual's actions were beyond the control of the salon owner or school.

(J) In addition to the methods of notification required under section 119.07 of the Revised Code, the board may send the notices required under divisions (C)(2), (E)(2), and (G) of this section by any delivery method that is traceable and requires that the delivery person obtain a signature to verify that the notice has been delivered. The board also may send the notices by electronic mail, provided that the electronic mail delivery system certifies that a notice has been received.

Sec. 4713.641. Any ~~student or former student of a school of cosmetology licensed under division (A) of section 4713.44 of the Revised Code~~ individual may file a complaint with the state cosmetology and barber board alleging that ~~the~~ an individual, salon, barber shop, school, or tanning facility has violated ~~division (A) of section 4713.64~~ this chapter or Chapter 4709. of the Revised Code or rules adopted under either chapter. ~~The complaint shall be in writing and signed by the individual bringing the complaint.~~ Upon receiving a complaint, the board shall initiate a preliminary investigation to determine whether it is probable that a violation was committed. If the board determines after preliminary investigation that it is not probable that a violation was committed, the board shall notify the individual who filed the complaint of the board's findings and that the board will not ~~issue a~~ pursue formal ~~complaint~~ action in the matter. If the board determines after a preliminary investigation that it is probable that a violation was committed, the board ~~shall~~ may proceed against the individual, salon, barber shop, school, or tanning facility pursuant to the board's authority under section 4709.13 or 4713.64 of the Revised Code and in accordance with the hearing and notice requirements prescribed in Chapter 119. of the Revised Code.

Sec. 4713.66. ~~(A)~~ The state cosmetology and barber board, on its own motion or on receipt of a ~~written~~ complaint, may investigate or inspect the activities or premises of an individual or entity who is alleged to have violated this chapter or Chapter 4709. of the Revised Code or rules adopted under iteither chapter, regardless of whether the individual or entity holds a license or, registration, or permit issued under this chapter or Chapter 4709. of the Revised Code.

(B) If, based on its investigation, the board determines that there is reasonable cause to believe that an individual or entity has violated this chapter or rules adopted under it, the board shall afford the individual or entity an opportunity for a hearing. Notice shall be given and any hearing conducted in accordance with Chapter 119. of the Revised Code.

(C) The board shall maintain a transcript of the hearing and issue a written opinion to all parties, citing its findings and ground for any action it takes. Any action shall be taken in accordance with section 4713.64 of the Revised Code.

Sec. 4713.69. (A) The state cosmetology and barber board shall issue a boutique services registration to an applicant who satisfies all of the following applicable conditions:

(1) Is at least sixteen years of age;

(2) ~~Has the equivalent of an Ohio public school tenth grade education;~~

~~(3)~~ Has submitted a written application on a form prescribed by the board containing all of the following:

(a) The applicant's name and home address;

(b) The applicant's home telephone number and cellular telephone number, if any;

(d) The applicant's date of birth;

(e) ~~The address and telephone number where boutique services will be performed. The address shall not contain a post office box number.~~

~~(f)~~ Whether the applicant has an occupational license, certification, or registration to provide beauty services in another state, and if so, what type of license and in what state;

~~(g)~~ (f) Whether the applicant has ever had an occupational license, certification, or registration suspended, revoked, or denied in any state;

~~(h)~~ (g) An affidavit or certificate providing proof of formal training or apprenticeship under an individual providing such services.

(B) ~~The place of business where boutique services are performed must comply with the safety and sanitation requirements for licensed salon facilities as described in section 4713.41 of the Revised Code.~~

~~(C)~~ The board shall specify the manner by which boutique services registrants shall fulfill the continuing education requirements set forth in section 4713.09 of the Revised Code.

Section 2. That existing sections 2925.01, 3333.26, 4709.01, 4709.07, 4709.08, 4709.09, 4709.11, 4709.12, 4709.14, 4709.99, 4713.01, 4713.02, 4713.06, 4713.07, 4713.071, 4713.08, 4713.081, 4713.09, 4713.10, 4713.14, 4713.141, 4713.16, 4713.17, 4713.25, 4713.28, 4713.30, 4713.31, 4713.34, 4713.35, 4713.39, 4713.41, 4713.46, 4713.49, 4713.55, 4713.56, 4713.58, 4713.59, 4713.60, 4713.61, 4713.62, 4713.63, 4713.64, 4713.641, 4713.66, and 4713.69 of the Revised Code are hereby repealed.

Section 3. That sections 4709.02, 4709.03, 4709.05, 4709.10, 4709.13, 4709.23, 4713.26, 4713.36, 4713.44, and 4713.45 of the Revised Code are hereby repealed.

Section 4. Section 4713.02 of the Revised Code, as amended by this act, does not affect the terms of members of the State Cosmetology and Barber Board serving on the Board on the effective date of this section.

Section 5. Notwithstanding the amendment of sections in Chapter 4713. of the Revised Code in this act, which no longer provides for school of cosmetology licenses, a valid school of cosmetology license held by a person on or after the effective date of this section is valid for the duration of that license term. On the expiration of that license, the State Cosmetology and Barber Board shall issue to a license holder who wishes to renew that license a school license under section 4713.44 of the Revised Code, as enacted by this act, if the license holder meets the requirements to be issued the school license.

Section 6. Notwithstanding the amendment of sections in Chapter 4709. of the Revised Code in this act, which no longer provides for barber school licenses, a valid barber school license held by a person on or after the effective date of this section that is set to expire on August 31, 2022, is valid until January 31, 2023. On the expiration of that license, the State Cosmetology and Barber Board shall issue to a license holder who wishes to renew that license a school license under section 4713.44 of the Revised Code, as enacted by this act, if the license holder meets the requirements to be issued the school license.

Section 7. Section 2925.01 of the Revised Code is presented in this act as a composite of the section as amended by H.B. 341 and H.B. 442 both of the 133rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.