State Board Seeks Important Upgrades to State Law
Rep. Cheryl Grossman Sponsors H.B. 453
(GROVE CITY, OHIO) In conjunction with The State Board of Cosmetology, State Representative Cheryl Grossman (R-23) of Grove City, The House Assistant Majority Whip has introduced H.B. 453 an overhaul of Ohio’s Cosmetology Laws. Rep. Grossman has worked closely with State Board for several years on a variety of issues, and is very optimistic about updating and modernizing Ohio law.
On this website, you will find both the bill itself and the legislative service commission analysis (short format) of the legislation.
Rep. Grossman and State Board welcome your comments, feedback, concerns, and suggestions about the new legislation. In February of 2012, the bill was assigned to The State Government Committee, chaired by Rep. Ron Maag (R-35) of Warren County. You may view a list of all members of the committee by following this path: http://www.house.state.oh.us/index.php?option=com_displaycommittees&task=2&type=Regular&committeeId=120.
Process wise, the committee will consider testimony and ideas about the bill. There will be public hearings and every idea about the bill will be aired openly and fairly by the committee. OSBC Executive Director Jim Trakas pledges to work with all citizens of Ohio, licensees, and interested parties on any ideas to improve the bill from their perspective. Jim can be reached at James.Trakas@cos.state.oh.us He would be glad to work those interested through the legislative process.
Highlights of the legislation include, but are not limited to:
- Makes changes to definitions of the various practices of Cosmetology, including more specific and detailed language about branches of cosmetology that were silent before. This includes adding “eye lash extensions” under the “Cosmetology” and “Esthetician” definitions.
- Establishes a “Hair Braiding” license and “Threading” license, distinct from all others, and designating 150 hours of educational instruction for these licenses.
- Allows a one year look back period for unlicensed Braiders and Threaders to come to State Board and take a licensure examination without having to go to school for the 150 hours. If in that time frame, a practitioner of these arts can gain a license, they will be fully licensed in the state. After that time frame, any future licensee will have to go to school and then pass the examination.
- Adds to the requirements for a license to practice a branch of cosmetology, manage a salon, or be a cosmetology instructor a requirement that the application include a recent photograph and proof that the applicant is a legal resident of Ohio or a contiguous state.
- Adds to existing requirements for a license to practice a branch of cosmetology a requirement that the applicant show proof of legal residency in the United States.
- Regarding licensing examinations, prohibits release of questions and practical demonstrations, but requires an individual's examination papers and demonstration results to be open for inspection by the individual or the individual's attorney, unless this is precluded by a contract with a testing service. This is to satisfy the state’s open records laws, and also not give away the confidentiality of our in house testing system.
- Permits the Board to investigate or inspect the activities or premises of any person alleged to have violated the cosmetology law, regardless of whether the person is licensed by the Board and permits the Board to discipline for failing to cooperate with an investigation or inspection or to respond to a subpoena. This is very important to the Board, as currently it has no jurisdiction over illegally operating facilities that compete against legitimately licensed salons in Ohio.
- Gives the Board or the executive director authority to compel, by order or subpoena, the attendance of witnesses to testify in relation to a matter that is subject to an investigation by the Board.
- Permits the Board to enter into a consent agreement with a license or permit holder who is subject to disciplinary action in lieu of a hearing.
- Permits the Board to require a license holder who is subject to disciplinary action to take corrective action courses.
- Aligns the Board’s current fee structure with approved practice and creates three new fees. This is not a fee increase, but codifying approved past practice.
- Permits the Board to extend the due date for the payment of fees or fines, and requires the Board to certify unpaid fees or fines to the Attorney General for collection.
- Establishes penalties for late payment of fines. This will provide an incentive for those who must pay fines to pay them on time, so that their licensure is not affected.
The last time Ohio updated its Cosmetology laws was in 2003. State Board has tried to work with all interested parties on this legislation, and The Board, The Board Staff, our valuable school and salon community have all assisted us in aspects of this bill. Our goal is to have safe and effective regulation in Ohio that encourages entrepreneurship and serving the public.
Please let us know what you think and let your legislators know what you think. By way of process, the bill was introduced into the House, and will have hearings in the committee and then, ideally, move on to the House floor. After passage by the House, the same process happens in the Senate. After Senate action, then it would be up to Governor John R. Kasich to either support or veto the legislation.
The Governor, Ohio General Assembly and State Board works for all the people, including you. OSBC hopes that if you will exercise your rights as citizens to make your voices heard about our industry, so please let OSBC and your legislators know what you think.