H. B. No. 230 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 230

Representative Combs

Cosponsors: Representatives McGregor, J., Brown, Bubp, Fessler, Otterman, Miller, Domenick

A BILL

To amend section 4713.08 and to enact section 4713.50 1
of the Revised Code regarding use of tanning 2
services by individuals under 18 years of age. 3

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

       Section 1. That section 4713.08 be amended and section 4
4713.50 of the Revised Code be enacted to read as follows: 5

       Sec. 4713.08. (A) The state board of cosmetology shall adopt 6
rules in accordance with Chapter 119. of the Revised Code as 7
necessary to implement this chapter. The rules shall do all of the 8
following: 9

       (1) Govern the practice of the branches of cosmetology and 10
management of salons; 11

       (2) Specify conditions a person must satisfy to qualify for a 12
temporary pre-examination work permit under section 4713.22 of the 13
Revised Code and the conditions and method of renewing a temporary 14
pre-examination work permit under that section; 15

       (3) Provide for the conduct of examinations under section 16
4713.24 of the Revised Code; 17

       (4) Specify conditions under which the board will take into 18
account, under section 4713.32 of the Revised Code, instruction an 19
applicant for a license under section 4713.28, 4713.30, or 4713.31 20
of the Revised Code received more than five years before the date 21
of application for the license; 22

       (5) Provide for the granting of waivers under section 23
4713.29 of the Revised Code; 24

       (6) Specify conditions an applicant must satisfy for the 25
board to issue the applicant a license under section 4713.34 of 26
the Revised Code without the applicant taking an examination 27
conducted under section 4713.24 of the Revised Code; 28

       (7) Specify locations in which glamour photography services 29
in which a branch of cosmetology is practiced may be provided; 30

       (8) Establish conditions and the fee for a temporary special 31
occasion work permit under section 4713.37 of the Revised Code and 32
specify the amount of time such a permit is valid; 33

       (9) Specify conditions an applicant must satisfy for the 34
board to issue the applicant an independent contractor license 35
under section 4713.39 of the Revised Code and the fee for issuance 36
and renewal of the license; 37

       (10) Establish conditions under which food may be sold at a 38
salon; 39

       (11) Specify which professions regulated by a professional 40
regulatory board of this state may be practiced in a salon under 41
section 4713.42 of the Revised Code; 42

       (12) Establish standards for the provision of cosmetic 43
therapy, massage therapy, or other professional service in a salon 44
pursuant to section 4713.42 of the Revised Code; 45

       (13) Establish standards for board approval of, and the 46
granting of credits for, training in branches of cosmetology at 47
schools of cosmetology licensed in this state; 48

       (14) Establish sanitary standards for the practice of the 49
branches of cosmetology, salons, and schools of cosmetology; 50

       (15) Establish the application process for obtaining a 51
tanning facility permit under section 4713.48 of the Revised Code, 52
including the amount of the fee for an initial or renewed permit; 53

       (16) Establish standards for installing and operating a 54
tanning facility in a manner that ensures the health and safety of 55
consumers, including standards that do all of the following: 56

       (a) Establish a maximum safe time of exposure to radiation 57
and a maximum safe temperature at which sun lamps may be operated; 58

       (b) Require consumers to wear protective eyeglasses and be 59
supervised as to the length of time consumers use the facility; 60

       (c) Require the operator to prohibit consumers from standing 61
too close to sun lamps and to post signs warning consumers of the 62
potential effects of radiation on persons taking certain 63
medications and of the possible relationship of the radiation to 64
skin cancer; 65

       (d) Require the installation of protective shielding for sun 66
lamps and handrails for consumers; 67

       (e) Require floors to be dry during operation of lamps; 68

       ~~(f) Require a consumer who is under the age of eighteen to~~ 69
~~obtain written consent from the consumer's parent or legal~~ 70
~~guardian prior to receiving tanning services~~. 71

       (17)(a) If the board, under section 4713.61 of the Revised 72
Code, develops a procedure for classifying licenses inactive, do 73
both of the following: 74

       (i) Establish a fee for having a license classified inactive 75
that reflects the cost to the board of providing the inactive 76
license service; 77

       (ii) Specify the continuing education that a person whose 78
license has been classified inactive must complete to have the 79
license restored. The continuing education shall be sufficient to 80
ensure the minimum competency in the use or administration of a 81
new procedure or product required by a licensee necessary to 82
protect public health and safety. The requirement shall not exceed 83
the cumulative number of hours of continuing education that the 84
person would have been required to complete had the person 85
retained an active license. 86

       (b) In addition, the board may specify the conditions and 87
method for granting a temporary work permit to practice a branch 88
of cosmetology to a person whose license has been classified 89
inactive. 90

       (18) Establish a fee for approval of a continuing education 91
program under section 4713.62 of the Revised Code that is adequate 92
to cover any expense the board incurs in the approval process; 93

       (19) Anything else necessary to implement this chapter. 94

       (B)(1) The rules adopted under division (A)(2) of this 95
section may establish additional conditions for a temporary 96
pre-examination work permit under section 4713.22 of the Revised 97
Code that are applicable to persons who practice a branch of 98
cosmetology in another state or country. 99

       (2) The rules adopted under division (A)(17)(b) of this 100
section may establish additional conditions for a temporary work 101
permit that are applicable to persons who practice a branch of 102
cosmetology in another state. 103

       (C) The conditions specified in rules adopted under division 104
(A)(6) of this section may include that an applicant is applying 105
for a license to practice a branch of cosmetology for which the 106
board determines an examination is unnecessary. 107

       (D) The rules adopted under division (A)(11) of this section 108
shall not include a profession if practice of the profession in a 109
salon is a violation of a statute or rule governing the 110
profession. 111

       (E) The sanitary standards established under division (A)(14) 112
of this section shall focus in particular on precautions to be 113
employed to prevent infectious or contagious diseases being 114
created or spread. The board shall consult with the Ohio 115
department of health when establishing the sanitary standards. 116

       (F) The fee established by rules adopted under division 117
(A)(15) of this section shall cover the cost the board incurs in 118
inspecting tanning facilities and enforcing the board's rules but 119
may not exceed one hundred dollars per location of such 120
facilities. 121

       Sec. 4713.50. Under no circumstances shall an operator or 122
employee of a tanning facility allow an individual who is under 123
eighteen years of age to use the tanning services of the facility 124
unless the individual presents a prescription for receiving 125
ultraviolet radiation treatments written by a physician authorized 126
under Chapter 4731. of the Revised Code to practice medicine and 127
surgery or osteopathic medicine and surgery. 128

       Section 2. That existing section 4713.08 of the Revised Code 129
is hereby repealed. 130

Section 1. That section 4713.08 be amended and section	4
4713.50 of the Revised Code be enacted to read as follows:	5

Sec. 4713.08. (A) The state board of cosmetology shall adopt	6
rules in accordance with Chapter 119. of the Revised Code as	7
necessary to implement this chapter. The rules shall do all of the	8
following:	9

(1) Govern the practice of the branches of cosmetology and	10
management of salons;	11

(2) Specify conditions a person must satisfy to qualify for a	12
temporary pre-examination work permit under section 4713.22 of the	13
Revised Code and the conditions and method of renewing a temporary	14
pre-examination work permit under that section;	15

(3) Provide for the conduct of examinations under section	16
4713.24 of the Revised Code;	17

(4) Specify conditions under which the board will take into	18
account, under section 4713.32 of the Revised Code, instruction an	19
applicant for a license under section 4713.28, 4713.30, or 4713.31	20
of the Revised Code received more than five years before the date	21
of application for the license;	22

(5) Provide for the granting of waivers under section	23
4713.29 of the Revised Code;	24

(6) Specify conditions an applicant must satisfy for the	25
board to issue the applicant a license under section 4713.34 of	26
the Revised Code without the applicant taking an examination	27
conducted under section 4713.24 of the Revised Code;	28

(7) Specify locations in which glamour photography services	29
in which a branch of cosmetology is practiced may be provided;	30

(8) Establish conditions and the fee for a temporary special	31
occasion work permit under section 4713.37 of the Revised Code and	32
specify the amount of time such a permit is valid;	33

(9) Specify conditions an applicant must satisfy for the	34
board to issue the applicant an independent contractor license	35
under section 4713.39 of the Revised Code and the fee for issuance	36
and renewal of the license;	37

(10) Establish conditions under which food may be sold at a	38
salon;	39

(11) Specify which professions regulated by a professional	40
regulatory board of this state may be practiced in a salon under	41
section 4713.42 of the Revised Code;	42

(12) Establish standards for the provision of cosmetic	43
therapy, massage therapy, or other professional service in a salon	44
pursuant to section 4713.42 of the Revised Code;	45

(13) Establish standards for board approval of, and the	46
granting of credits for, training in branches of cosmetology at	47
schools of cosmetology licensed in this state;	48

(14) Establish sanitary standards for the practice of the	49
branches of cosmetology, salons, and schools of cosmetology;	50

(15) Establish the application process for obtaining a	51
tanning facility permit under section 4713.48 of the Revised Code,	52
including the amount of the fee for an initial or renewed permit;	53

(16) Establish standards for installing and operating a	54
tanning facility in a manner that ensures the health and safety of	55
consumers, including standards that do all of the following:	56

(a) Establish a maximum safe time of exposure to radiation	57
and a maximum safe temperature at which sun lamps may be operated;	58

(b) Require consumers to wear protective eyeglasses and be	59
supervised as to the length of time consumers use the facility;	60

(c) Require the operator to prohibit consumers from standing	61
too close to sun lamps and to post signs warning consumers of the	62
potential effects of radiation on persons taking certain	63
medications and of the possible relationship of the radiation to	64
skin cancer;	65

(d) Require the installation of protective shielding for sun	66
lamps and handrails for consumers;	67

~~(f) Require a consumer who is under the age of eighteen to~~	69
~~obtain written consent from the consumer's parent or legal~~	70
~~guardian prior to receiving tanning services~~.	71

(17)(a) If the board, under section 4713.61 of the Revised	72
Code, develops a procedure for classifying licenses inactive, do	73
both of the following:	74

(i) Establish a fee for having a license classified inactive	75
that reflects the cost to the board of providing the inactive	76
license service;	77

(ii) Specify the continuing education that a person whose	78
license has been classified inactive must complete to have the	79
license restored. The continuing education shall be sufficient to	80
ensure the minimum competency in the use or administration of a	81
new procedure or product required by a licensee necessary to	82
protect public health and safety. The requirement shall not exceed	83
the cumulative number of hours of continuing education that the	84
person would have been required to complete had the person	85
retained an active license.	86

(b) In addition, the board may specify the conditions and	87
method for granting a temporary work permit to practice a branch	88
of cosmetology to a person whose license has been classified	89
inactive.	90

(18) Establish a fee for approval of a continuing education	91
program under section 4713.62 of the Revised Code that is adequate	92
to cover any expense the board incurs in the approval process;	93

(B)(1) The rules adopted under division (A)(2) of this	95
section may establish additional conditions for a temporary	96
pre-examination work permit under section 4713.22 of the Revised	97
Code that are applicable to persons who practice a branch of	98
cosmetology in another state or country.	99

(2) The rules adopted under division (A)(17)(b) of this	100
section may establish additional conditions for a temporary work	101
permit that are applicable to persons who practice a branch of	102
cosmetology in another state.	103