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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 25
2025-2026
Senator Johnson
A
BILL
To
amend sections 4713.50, 4713.51, and 4713.64 of the Revised Code to
prohibit
the provision of sun lamp tanning services to individuals under age
16.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 4713.50, 4713.51, and 4713.64 of the Revised Code be amended
to read as follows:
Sec.
4713.50.
(A)
A tanning facility operator or employee shall make reasonable
efforts, in accordance with procedures established under section
4713.08 of the Revised Code, to determine whether an individual
seeking to use the facility's sun lamp tanning services is less than
sixteen years of age, at least sixteen but less than eighteen years
of age, or eighteen years of age or older.
(B)(1)
(B)
A tanning facility operator or employee shall not allow an individual
who is less than sixteen years of age to use the facility's sun lamp
tanning services.
(C)(1)
A
tanning facility operator or employee shall not allow an individual
who is eighteen years of age or older to use the facility's sun lamp
tanning services without first obtaining the consent of the
individual. The consent shall be evidenced by the individual's
signature on the form developed by the state cosmetology and barber
board under section 4713.51 of the Revised Code. The consent is valid
indefinitely.
(2)
A tanning facility operator or employee shall not allow an individual
who is at least sixteen but less than eighteen years of age to use
the facility's sun lamp tanning services without first obtaining the
consent of a parent or legal guardian of the individual
each time the individual seeks to use the facility's sun lamp tanning
services
.
The consent shall be evidenced by the signature of the parent or
legal guardian on the form developed by the board under section
4713.51 of the Revised Code. The form must be signed in the presence
of the operator or an employee of the tanning facility.
The
consent is valid for ninety days from the date the form is signed. A
tanning facility operator or employee shall not allow an individual
who is at least sixteen but less than eighteen years of age to use
the facility's sun lamp tanning services for more than forty-five
sessions during the ninety-day period covered by the consent.
A
parent or legal guardian of the individual shall be present at the
tanning facility for the duration of each session when the individual
uses the facility's sun lamp tanning services.
No
such session may be longer than the maximum safe time of exposure
specified in rules adopted under division (A)(17) of section 4713.08
of the Revised Code.
(3)
A tanning facility operator or employee shall not allow an individual
who is less than sixteen years of age to use the facility's sun lamp
tanning services unless both of the following apply:
(a)
The tanning facility operator or employee obtains the consent of a
parent or legal guardian of the individual prior to each session of
the use of the facility's sun lamp tanning services. The consent
shall be evidenced by the signature of the parent or legal guardian
on the form developed by the board under section 4713.51 of the
Revised Code. The form must be signed in the presence of the operator
or an employee of the tanning facility.
(b)
A parent or legal guardian of the individual is present at the
tanning facility for the duration of each session of the use of the
facility's sun lamp tanning services.
(C)
(D)
For
purposes of
division
(B) of
this
section, an electronic signature may be used to provide and may be
accepted as a signature evidencing consent.
Sec.
4713.51.
The
state cosmetology and barber board shall develop a form for use by
tanning facility operators and employees in complying with the
consent requirements of
division
(B) of
section
4713.50 of the Revised Code. The form must describe the potential
health effects of radiation from sun lamps, including a description
of the possible relationship of the radiation to skin cancer. In
developing the form, the board shall consult with the department of
health, dermatologists, and tanning facility operators. The board
shall make the form available on the internet web site maintained by
the board.
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, 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 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 or salon who 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.
(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 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
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, 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.
Section
2.
That
existing sections 4713.50, 4713.51, and 4713.64 of the Revised Code
are hereby repealed.