From: Steven Gassenberger <smg@stateside.com>
To: alerts <
alerts@stateside.com>
Sent: Fri, Feb 14, 2014 10:31 am
Subject: Stateside APSCU Alert Ohio H.B. 410 - Governance & State Oversight (Cosmetology)

**OHIO H.B. 410 - Governance & State Oversight (Cosmetology)

Sponsor: Representative Cheryl Grossman (R)

Summary: Requires the State Board of Cosmetology to adopt rules, regulate the practice of cosmetology and investigate or inspect the activities or premises of a license holder. Requires the State Board of Cosmetology to submit a report outlining the major trends in the field of cosmetology in the state.

Provides that an individual's completion of any corrective action course required as a result of disciplinary action may not be accepted by the board as meeting any part of a continuing education or instruction required as part of the initial licensing processes.

Provides that at the request of a person who is temporarily unable to pay a licensing fee, or on the boards own motion, the board may extend the date payment is due by up to ninety days. Allows that 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. Provides that the attorney general may assess the collection cost to the amount certified in such a manner and amount as prescribed by the attorney general.

Prohibits a license of cosmetology holder from treating as an independent contractor, for purposes of federal or state taxes or workers' compensation, an individual the person hired, sets the schedule of or compensates by commission or otherwise. Prohibits a license of cosmetology holder for using 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.

Provides that the examination papers and the scored results of the practical demonstrations of each individual examined by the board shall be open for inspection by the individual or the individual's attorney for at least 90 days following the announcement of the individual's grade, except for papers that under the terms of a contract with a testing service are not available for inspection. Allows, upon written request made by an individual or the individual's attorney to the board no later than 90 days after announcement of the individual's grade, the board to have the individual's examination papers re-graded manually.

Provides for a separate braider examination for individuals who complete a managing braider training course separate from a braider training course. Allows the board to combine the managing braider examination with the braider examination for individuals who complete a combined three hundred-hour braider and managing braider training course.

Provides for a separate managing threader examination for individuals who complete a managing threader training course separate from a threader training course. Allows the board to combine the managing threader examination with the threader examination for individuals who complete a combined three hundred-hour threader and managing threader training course.

Allows the board to issue a practicing license to an applicant who has graduated from an Ohio high school, has the equivalent of an Ohio public high school tenth grade education diploma, or has taken an ability-to-benefit test that is approved by the United States department of education and administered under the department's guidelines and has attained a score that the board considers to be satisfactory evidence of possessing at least a tenth-grade level education.

Allows the board to issue a practicing license to an applicant for an initial braider license, that has successfully completed at least one hundred fifty hours of instruction in a school of cosmetology licensed in this state in subjects related to sanitation, scalp care, anatomy, hair braiding, communication skills and laws and rules governing the practice of cosmetology.

Allows the board to issue a practicing license to an applicant for an initial threader license, that has successfully completed at least one hundred fifty hours of instruction in a school of cosmetology licensed in this state in subjects related to sanitation, anatomy, threading, communication skills and laws and rules governing the practice of cosmetology.

Allows the board to issue a managing license to an applicant who has:
(1) graduated from an Ohio high school, has the equivalent of an Ohio public high school tenth grade education diploma, or has taken an ability-to-benefit test that is approved by the United States department of education and administered under the department's guidelines and has attained a score that the board considers to be satisfactory evidence of possessing at least a tenth-grade level education;
(2) a current, active practicing license or is qualified to sit for an examination for both a practicing license and a managing license at the same time;
(3) the licensed managing braider, licensed managing cosmetologist or owner of a licensed braiding salon or licensed beauty salon located in this or another state for whom the applicant performed services in a licensed salon certify to the board that the applicant has practiced braiding for at least two thousand hours as a braider in a licensed braiding salon or as a cosmetologist in a licensed beauty salon;
(4) 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 braider or a cosmetologist, at least one hundred fifty hours of board-approved managing braider training.

Allows the board to issue an instructor license to an applicant who has:
(1) a diploma, or has taken an ability-to-benefit test that is approved by the United States department of education and administered under the department's guidelines and has attained a score that the board considers to be satisfactory evidence of possessing at least a tenth-grade level education;
(2) the licensed managing braider, licensed managing cosmetologist or owner of a licensed braiding salon or licensed beauty salon in which the applicant has been employed in this or another state for whom the applicant performed services in a licensed salon certify to the board that the applicant has engaged in the practice of braiding in a licensed braiding salon or the practice of cosmetology in a licensed beauty salon for at least two thousand hours;
(3) a school of cosmetology licensed in this state certify to the board that the applicant has successfully completed at least one hundred fifty hours of board-approved braiding instructor training as an apprentice instructor.
(4) in the case of an applicant for an initial threading instructor license, holds a current, valid managing threader license or managing cosmetologist license and does either of the following:
(5) in the case of an applicant for an initial threading instructor license, the licensed managing threader, licensed managing cosmetologist, or owner of the licensed threading salon or licensed beauty salon in which the applicant has been employed in this or another state for whom the applicant performed services in a licensed salon certify to the board that the applicant has engaged in the practice of threading in a licensed threading salon or the practice of cosmetology in a licensed beauty salon for at least two thousand hours;
(6) in the case of an applicant for an initial threading instructor license, a school of cosmetology licensed in this state certify to the board that the applicant has successfully completed at least one hundred fifty hours of board-approved threading instructor training as an apprentice instructor.

Provides that an independent contractor who rents space in a salon shall enter into a contract with the salon or the salon's owner. Requires the contract to specify the business relationship between the parties and the responsibilities of each party and the salon or salon owner to comply with all applicable state and federal laws and local ordinances.

Provides that a person who seeks a license to operate a school of cosmetology from the state board of cosmetology shall submit a written application on a form furnished by the board. The form shall contain all of the following:
(1) The name of the person, the location of the school and any other identifying information required by the board;
(2) A recent photograph of the individual signing the application that meets specifications established by the board;
(3) Proof that the person satisfies all conditions to obtain the license;
(4) An oath verifying the application is true;
(5) The application fee.

Specifies that an application for a license to operate a school of cosmetology may be submitted by the owner, manager or individual in charge of the school.

Provides that the state board of cosmetology or the executive director acting for the board may compel, by order or subpoena, the attendance of witnesses to testify in relation to any matter over which the board has jurisdiction that is the subject of inquiry or investigation by the board and may require the production of any book, paper, document or testimony pertaining to that matter.

Adds "with a straight razor" to the definition of "the practice of barbering."

Exempts any cosmetologists and hair designers, insofar as their usual and ordinary vocation and profession is concerned, if the cosmetologist or hair designer shaves the face, the cosmetologist or hair designer does so with a safety razor.

Changes the definition of "beauty salon" from any premises to a "salon" and removes the exception of a barber shop.

Changes the definition of "nail salon" from any premises to a "salon" and removes the exception of a barber shop.

Defines "braider" as an individual who engages in the practice of braiding but no other branch of cosmetology.

Defines "braiding instructor" as an individual who teaches the theory and practice of braiding, but no other branch of cosmetology, at a school of cosmetology.

Defines "braiding salon" means a salon in which an individual engages in the practice of braiding but no other branch of cosmetology.

Incorporates the practice of braiding and threading into the definition of "branch of cosmetology."

Defines "cosmetology" as the art or practice of embellishment, cleaning, beautification, and styling of hair, wigs, postiches, face, body or nails and tanning of the skin.

Defines "managing braider" means an individual authorized to manage a braiding salon, but no other type of salon and engage in the practice of braiding, but no other branch of cosmetology.

Defines "managing threader" means an individual authorized to manage a threading salon, but no other type of salon and engage in the practice of threading, but no other branch of cosmetology.

Defines the "practice of braiding" as 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. Includes 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. Excludes any of the following: 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.

Enhances the definition of the "practice of esthetics" to include enhancing the skin by skin care, facials, body treatments, hair removal and other treatments; applying permanent cosmetics to the eyes, eyebrows and lips; and applying eyelash extensions.

Defines the "practice of threading" as removing unwanted hair utilizing techniques performed by hand. "Practice of threading" does not include the use of chemical applications such as waxes and depilatories.

Defines "salon" as any premises, building or part of a building in which an individual engages in the practice of one or more branches of cosmetology but does not include a barber shop or tanning facility.

http://www.legislature.state.oh.us/BillText130/130_HB_410_I_Y.pdf

Status: Introduced 1/21/2014. Referred to House Policy and Legislative Oversight Committee 1/28/2014. Hearing scheduled 2/18/2014.

Outlook: The hearing is open to the public, but only sponsor testimony will be accepted. A vote is at the discretion of the chair, Representative Mike Dovilla, but unlikely at this time. This is the first hearing for this bill. In Ohio, bills are generally considered multiple times in committee before receiving a vote.

Neither the sponsor or any co-sponsors serve on the committee of referral. The sponsor of this measure serves as the Majority Whip and has garnered the bipartisan support of five cosponsors. The sponsor has a history with working with the state Board of Cosmetology to keep Ohio as "one of the best states in the country in which to pursue a cosmetology license" and create more job opportunities.

Ohio does not have deadlines, so bills can be brought up for consideration at anytime, even after long periods of inactivity. Both chambers of the Assembly as well as the office of the Governor are controlled by the Republican Party.