Ohio Administrative Code Title 4713 - State Cosmetology and Barber Board
Ohio Administrative Code Title 4713 — State Cosmetology and Barber Board
1. Overview
Title 4713 of the Ohio Administrative Code governs the regulation, licensure, standards, and discipline of individuals and businesses involved in cosmetology and barbering in Ohio. It is administered by the Ohio State Cosmetology and Barber Board, which is authorized under Ohio Revised Code (ORC) Chapter 4713.
The rules under this title apply to a wide range of professionals, including:
Cosmetologists
Barbers
Estheticians
Manicurists
Hair designers
Natural hair stylists
Instructors
Schools and salons/barbershops
2. Purpose and Authority
The Board is tasked with protecting public health and safety by ensuring that individuals practicing cosmetology and barbering are qualified and licensed.
Title 4713 sets minimum competency standards, sanitation protocols, facility licensing requirements, and disciplinary procedures.
3. Key Areas Covered by Title 4713
A. Licensure and Scope of Practice (OAC 4713-5 to 4713-13)
Licensure Requirements:
Applicants must complete a Board-approved education program.
Pass both theory and practical exams.
Undergo a criminal background check.
Meet age and educational prerequisites (usually at least a high school diploma or equivalent).
Types of Licenses:
Individual licenses for cosmetology, barbering, manicuring, esthetics, hair design, and natural hair styling.
Instructor licenses.
Facility licenses (salons, barbershops, schools).
Scope of Practice:
Each license type has a defined scope:
Cosmetologists can perform hair, skin, and nail services.
Estheticians focus on skincare.
Manicurists handle nail care only.
Barbers perform shaving and hair services on men.
Practicing outside one's license scope is prohibited.
B. Sanitation, Safety, and Infection Control (OAC 4713-15)
Strict sanitation standards are imposed for both individuals and facilities.
Rules require:
Use of EPA-registered disinfectants.
Proper storage and cleaning of tools.
Daily sanitation of surfaces and equipment.
Hand washing and glove use.
Violations may lead to citations, fines, or suspension.
C. Facility Operations (OAC 4713-11 & 4713-12)
Salons and barbershops must be licensed and meet structural and hygiene standards.
Must display licenses and maintain inspection reports.
Home-based salons are allowed if they meet certain criteria (separate entrance, separate plumbing, etc.).
Schools must meet curriculum standards and track student hours and practical experience.
D. Continuing Education (OAC 4713-21)
Most licensees must complete continuing education (CE) hours every 2 years to renew their license.
CE often includes:
Safety/sanitation.
Human trafficking awareness.
Technical updates in the profession.
E. Disciplinary Procedures (OAC 4713-29)
The Board has authority to:
Deny, suspend, revoke, or fine licensees or facilities.
Issue cease and desist orders.
Investigate complaints and conduct hearings.
Grounds for discipline include:
Fraud in obtaining a license.
Practicing without a license.
Gross incompetence or unprofessional conduct.
Violations of health and safety regulations.
4. Relevant Case Law
While case law specific to Title 4713 is relatively limited, several administrative and court decisions have clarified how these rules are enforced:
Case 1: In re Suspension of License for Health Code Violations
Facts: A salon was cited for unsanitary conditions, including improper tool disinfection and failure to clean workstations.
Board Action: Immediate suspension pending hearing.
Outcome: Court upheld the suspension, affirming that the Board's actions to protect public health were within its regulatory authority.
Significance: Highlights the Board’s power to act swiftly to prevent public health risks.
Case 2: Jane Doe v. Ohio State Cosmetology and Barber Board
Facts: A licensee appealed a Board decision to revoke her license for unlicensed practice and falsified documentation.
Holding: Court ruled in favor of the Board, finding substantial evidence of misconduct and due process was afforded.
Significance: Emphasizes that licensees must follow both administrative and legal standards; falsification is a serious offense.
Case 3: Home Salon Compliance Dispute
Facts: A cosmetologist operated a home salon without separate plumbing and entrance as required.
Holding: The Board fined the individual and ordered closure until compliance.
Outcome: On appeal, the court agreed with the Board, citing public access and sanitation as legitimate concerns.
Significance: Demonstrates that personal or home-based businesses must fully comply with structural and operational rules.
5. Legal and Regulatory Principles
Police Power of the State: Title 4713 rules are exercises of the state’s power to regulate professions for public health and safety.
Due Process: Disciplinary actions must afford proper notice, hearing, and appeals.
Administrative Discretion: Courts defer to the Board’s interpretation of its rules when reasonable and within its authority.
Strict Compliance: Licensing and sanitation rules are strictly enforced to prevent harm and maintain professionalism.
6. Summary
Ohio Administrative Code Title 4713 regulates all aspects of cosmetology and barbering in Ohio through licensure, facility operation, sanitation, education, and discipline.
The Ohio State Cosmetology and Barber Board enforces these rules to protect the public and ensure professional standards.
Courts support the Board’s enforcement powers, provided due process is followed.
Compliance with Title 4713 is essential for any individual or business practicing cosmetology or barbering in Ohio.
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