AN ACT relating to barbering.

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AN ACT relating to barbering. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 317.410 is amended to read as follows: 3
As used in this chapter, unless the context requires otherwise: 4
(1) "Barber" means any person who engages in the practice of barbering for the public 5
generally or for consideration; 6
(2) "Barbering" means the practice upon the human neck, face, and head, principally of 7
shaving or trimming the beard or cutting the hair, but includes also: 8
(a) Giving facial and scalp massage or treatments with oils, creams, lotions, or 9
other preparations, either by hand or any contrivance; 10
(b) [Singeing, ]Shampooing, pressing, arranging, dressing, styling, or dyeing the 11
hair or applying hair tonics; and 12
(c) Applying to the neck or head [ cosmetics,] lotions, powders, oils, clays, or 13
other preparations; 14
(3) "Barber pole" means a cylinder or pole with alternating stripes of any combination, 15
including but not limited to red and white, or red, white, and blue, which r un 16
diagonally along the length of the pole; 17
(4) "Barber school" or "school of barbering" means an operation, place, or 18
establishment in or through which persons are trained or taught the practice of 19
barbering; 20
(5) "Barber shop" means any establishment in w hich the practice of barbering is 21
conducted for the general public or for consideration and includes a mobile barber 22
shop; 23
(6) "Board" means the Kentucky Board of Barbering; 24
(7) "Endorsement" means the process of granting a license under this chapter to an 25
applicant licensed in another state; 26
(8) "Independent contract owner" means any barber or apprentice barber licensed under 27
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this chapter who leases or rents space in a barber shop; 1
(9) "Lapse fees" means the annual renewal license fee which would have been paid for 2
the period during which a license has lapsed; and 3
(10) "Mobile barber shop" means a self-contained unit in which the practice of barbering 4
is conducted and which may be moved, towed, or transported from one (1) location 5
to another. 6
Section 2. KRS 317.420 is amended to read as follows: 7
(1) A[No] person shall not engage in the practice of "barbering" for other than cosmetic 8
purposes nor shall any person engage in barbering for the treatment of physical or 9
mental ailments, except that[ the provisions of] this chapter shall not apply to: 10
(a) Persons authorized by the law of this state to practice medicine, chiropody, 11
optometry, dentistry, chiropractic, nursing, or embalming when incidental 12
practices of barbering are performed by them in the normal course of the 13
practice of their profession; 14
(b) Commissioned medical or surgical personnel of the United States Armed 15
Forces performing incidental practices of barbering in the course of their 16
duties; or 17
(c) Barbering services performed at an institution operated by or under contract to 18
the Department of Corrections or the Department of Juvenile Justice. 19
(2) Except as provided in subsection (1) of this section, a[no] person shall not engage 20
in the practice of barbering for th e public generally or for consideration without the 21
appropriate license required by this chapter. 22
(3) A[No] person, unless duly and properly licensed pursuant to this chapter, shall not: 23
(a) Teach barbering; 24
(b) Operate a barber shop or mobile barber shop; 25
(c) Conduct or operate a school for barbers; 26
(d) Lease or rent booth space as an independent contract owner; or 27
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(e) Operate a mobile barber shop without first notifying the board of its location 1
or change in its location. 2
(4) A[No] person shall not aid or abet any person in violating [ the provisions of] this 3
section, nor shall any person engage or employ for consideration any person for the 4
performance of any practice licensed by this chapter unless the person to perform 5
such practice holds and displays the current appropriate license therefor. 6
(5) Except as provided in this chapter, a[no] person or business shall not: 7
(a) Advertise barbering services, unless the person or business and the personnel 8
it employs are licensed under this chapter; 9
(b) Advertise as a barber shop or mobile barber shop, unless all persons in the 10
shop practicing barbering services are licensed under this chapter. Any barber 11
practicing in a shop licensed as both a barber shop and a salon licensed under 12
KRS Chapter 317A may display an image, that is at least four (4) inches high, 13
of a barber pole at his or her station; or 14
(c) Use or display a barber pole for the purpose of advertising barbering services 15
to the public unless it: 16
1. Has a barber shop license; and 17
2. Employs a barber licensed under this chapter. 18
(6) A person holding an active barber license from the board and who practices in a 19
shop licensed by the board may render services for pay or otherwise to: 20
(a) A person sufferi ng from a terminal illness who is receiving the services of a 21
hospice program either at home or at a hospice inpatient unit; or 22
(b) A person who is deceased and in the care of a funeral establishment. 23
Section 3. KRS 317.430 is amended to read as follows: 24
(1) There is hereby created an independent agency of the state government to be known 25
as the Kentucky Board of Barbering, which shall have complete supervision over 26
the administration of [ the provisions of] this chapter r elating to barbers, barbering, 27
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barber shops, mobile barber shops, independent contract owners, barber schools, 1
and the teaching of barbering. 2
(2) (a) The board shall be composed of five (5) voting members appointed by the 3
Governor. Four (4) of these members shall be barbers holding a valid license 4
and practicing in Kentucky. One (1) of these members [member] shall be a 5
citizen at large who is not associated with or financially interested in 6
barbering. At all times in the filling of vacancies of voting membership on the 7
barber board, this balance of representation shall be maintained. 8
(b) The executive director employed under Section 7 of this Act shall be a 9
nonvoting member of the board. He or she may be counted in determining a 10
quorum, but shall not vote on matters before the board. 11
(3) [The two (2) members appointed to fill the terms beginning on February 1, 2008, 12
shall serve until February 1, 2011, and the three (3) members appointed to fill the 13
terms beginning on February 1, 2007, shall serve until February 1, 2010. ] All 14
[subsequent ]appointments shall be for a term of three (3) years, with terms ending 15
on February 1. 16
(4) The Governor shall not remove any voting member of the board except for cause. 17
(5) The board shall elect from its voting members one (1) to serve as chair[chairman], 18
one (1) to serve as vice chair[chairman], and one (1)[a third] to serve as secretary. 19
(6) Three (3) members shall constitute a quorum for the transaction of business. 20
(7) In addition to the other qualifications specified in this section, voting barber 21
members of the board shall be at least twenty-three (23) years of age, citizens of the 22
United States, residents of Kentucky, and shall[must] have engaged in the practice 23
of barbering in this state for a period of at least five (5) years. 24
(8) A[No] member of the board shall not be financially interested in, or have any 25
financial connection with, any barber or cosmetology school, wholesale cosmetic or 26
barber supply or equipment business, and[nor] shall not[any member of the bar ber 27
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board] teach barbering, cosmetology, or manicuring for monetary considerations. 1
(9) [Each member of the board shall receive a compensation of one hundred dollars 2
($100) per day for each day of attendance at a meeting of the board, and shall be 3
reimbursed for necessary traveling expenses. 4
(10) ]The board shall hold its meetings within the state and when deemed necessary by 5
the board to discharge its duties. 6
Section 4. KRS 317.440 is amended to read as follows: 7
(1) To p rotect the health and safety of the public and to protect the public against 8
misrepresentation, deceit, or fraud in the practice or teaching of barbering, the 9
board shall promulgate administrative regulations governing the: 10
(a) Location and housing of barber shops, mobile barber shops, or schools; 11
(b) Quantity and quality of equipment, supplies, materials, records, and 12
furnishings required in barber shops, mobile barber shops, or schools; 13
(c) Qualifications of teachers of barbering; 14
(d) Qualifications of applicants to or enrollees in barber schools; 15
(e) Hours and courses of instruction at barber schools; 16
(f) Examinations of applicants for barber or teacher of barbering; 17
(g) Qualifications of independent contract owners;[ and] 18
(h) Inspection criteria for mobile barber shops; and 19
(i) Compensation and expense schedule for board members. 20
(2) The board shall establish: 21
(a) Fees by administrative regulation; and 22
(b) On its website a system for a licensed mobile barber shop to: 23
1. Submit to the board a weekly itinerary detailing the locations at which it 24
will offer barbering services; and 25
2. Notify the board of any changes in its location or itinerary[. 26
(3) Administrative regulations pertaining to health and sanitation shall be approved b y 27
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the Kentucky secretary for health and family services before becoming effective]. 1
Section 5. KRS 317.450 is amended to read as follows: 2
(1) (a) The board shall issue an apprentice license to practice barbering to any p erson 3
who: 4
1. Is at least seventeen and one-half (17-1/2) years of age; 5
2. [Is of good moral character and temperate habit; 6
3. ]Possesses a high school diploma, a High School Equivalency Diploma, 7
or a transcript from an issuing institution that is recogniz ed by the 8
educational authority in the state from which the diploma, certificate, or 9
transcript is issued; 10
3.[4.] Has graduated from a licensed school of barbering; 11
4.[5.] Has satisfactorily passed the a pprentice examination prescribed by the 12
barber board, which shall include a practical assessment of the 13
applicant's skills, including but not limited to a taper haircut, shampoo, 14
straight razor facial shave, facial, and a chemical application; and 15
5.[6.] Has paid a fee as established in administrative regulations promulgated 16
by the board in accordance with KRS Chapter 13A. 17
(b) A barber shall serve an apprentice period of at least six (6) months but not 18
more than nine (9) months of continuous service from the effective date of the 19
license issued pursuant to paragraph (a) of this subsection. 20
(c) In addition to the grounds for disciplinary action specified in KRS 317.590, 21
the board may, during the apprentice period, require a licensee to retake any 22
part or all of the written or practical examination, or both. 23
(d) At the end of the apprentice period, the board shall issue a license to practice 24
barbering to an apprentice licensee who has: 25
1. Satisfactorily passed the barber examination prescribed by the board by 26
administrative regulations promulgated in accordance with KRS Chapter 27
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13A; and 1
2. Complied with all other requirements of this subsection. 2
(e) The board may issue a barber license by endorsement to a resident of another 3
state, district, or territory within the United States of America upon payment 4
of a fee as established in administrative regulations promulgated by the board 5
in accordance with KRS Chapter 13A, and upon submission of satisfactory 6
evidence that the requirements for licensure in the other state are substantially 7
equivalent to the requirements of this state at the time of application. In the 8
absence of the required equivalency, an applicant from another state, district, 9
or territory within the United States of America, shall show proof of one (1) 10
year[three (3) years] or more experience immediately before making 11
application and be currently licensed and in good standing with the state, 12
district, or territory in which he or she is licensed. The board may also require 13
an applicant under this paragraph[section] to pass a written and practical 14
examination to establish equivalency. 15
(2) The board shall: 16
(a) Issue a license to operate a barber shop or mobile barber shop to any barber 17
licensed under[ the provisions of] this chapter upon application and payment 18
of a fee as established in administrative regulations promulgated by the board 19
in accordance with KRS Chapter 13A; 20
(b) Refuse to issue the license upon a failure of the licensed barber to comply 21
with[ the provisions of] this chapter or the administrative regulations 22
promulgated by the board; 23
(c) Allow the licensed owner of a barber shop or mobile barber sh op, which is 24
licensed under this chapter, to rent or lease space in his or her barber shop to 25
an independent contract owner; and 26
(d) Allow an unlicensed owner of a barber shop to rent or lease space in his or her 27
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barber shop to an independent contract owne r, only if the shop owner has a 1
licensed barber as a manager of the shop at all times. If the owner, manager, 2
or location of a barber shop changes, the required form and fee shall be 3
submitted to the board. 4
(3) The board shall issue a license to operate a school of barbering to any person, firm, 5
or corporation who or which: 6
(a) Applies for a license upon forms furnished by the board; 7
(b) Has the equipment and facilities that may be required by administrative 8
regulations promulgated by the board; 9
(c) Has furnished adequate evidence to the board that: 10
1. There is an intent to establish a bona fide school for the education and 11
training of competent barbers; and 12
2. A sufficient number of teachers licensed by the board will be employed 13
to conduct the school, including at least one (1) teacher with a minimum 14
of twelve (12) months' experience teaching in a barber school that 15
includes administrative experience; and 16
(d) Pays a fee as established in administrative regulations promulgated by the 17
board in accordance with KRS Chapter 13A. 18
(4) The board shall issue a student permit to any person enrolled in a licensed barber 19
school upon payment of a fee as established in administrative regulations 20
promulgated by the board in accordance with KRS Chapter 13A. 21
(5) The board shall issue a license to teach barbering to any person who: 22
(a) [Is of good moral character and temperate habit; 23
(b) ]Possesses a high school diploma or a High School Equivalency Diploma; 24
(b)[(c)] Has been a Kentucky-licensed and practicing barber for at least eighteen 25
(18) months; 26
(c)[(d)] Has satisfactorily passed the examination prescribed by the board by 27
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promulgation of administrative regulations; and 1
(d)[(e)] Has paid a fee as established in administrative regulations promulgated 2
by the board in accordance with KRS Chapter 13A. 3
(6) The board shall issue a license to any barber who holds an independent contract 4
owner's license who: 5
(a) [Is of good moral character and temperate habit; 6
(b) ]Possesses a high school diploma or a High School Equivalency Diploma; 7
(b)[(c)] Is a licensed and practicing barber under this chapter; and 8
(c)[(d)] Has paid a fee as established in administrative regulations promulgated 9
by the board in accordance with KRS Chapter 13A. 10
(7) The board shall issue a demonstration charity event permit to any licensed barber 11
who pays a fee as established in administrative regulations promulgated by the 12
board in accordance with KRS Chapter 13A. 13
(8) Applications for examination required in this section shall be accompanied by an 14
examination fee as established in administrative regulations promulgated by the 15
board in accordance with KRS Chapter 13A. 16
(9) (a) On and after July 1, 2016, a license issued pursuant to this section shall expire 17
on the first day of July next following the date of its issuanc e. A license shall 18
be renewed on June 1 through July 1 of each year. 19
(b) Any license shall automatically be renewed by the board: 20
1. Upon receipt of the application for renewal or duplicate renewal 21
application form and the required annual renewal license fee submitted 22
either in person or via written or electronic means; and 23
2. If the applicant for renewal is otherwise in compliance with [ the 24
provisions of] this chapter and the administrative regulations of the 25
board. 26
(10) The annual renewal license fee for each type of license renewal shall be as 27
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established in administrative regulations promulgated by the board in accordance 1
with KRS Chapter 13A. 2
(11) (a) The fee per year for the renewal of an expired license, if the period of 3
expiration does not exceed five (5) years, shall be as established by 4
administrative regulations promulgated by the board in accordance with KRS 5
Chapter 13A. 6
(b) An applicant who fails to renew a license within five (5) years of its 7
expiration shall comply with the requirements for relicensure established by 8
the board through promulgation of administrative regulations in accordance 9
with KRS Chapter 13A. 10
Section 6. KRS 317.460 is amended to read as follows: 11
(1) The board shall hold hearings upon the request of any person directly affected by 12
the board's decision to refuse a license ,[;] deny or revoke a license,[;] or suspend or 13
place a licensee on probation. Hearings shall be conducted in accordance with KRS 14
Chapter 13B. 15
(2) For the purpose of enforcing [ the provisions of] this chapter, officers, agents, and 16
inspectors of the board may enter upon premises of all facilities issued a p ermit or 17
license by the board, at all reasonable times and during periods when those 18
premises are otherwise open to the public, and make inspections to determine 19
compliance with this chapter and the administrative regulations promulgated by the 20
board, require identification, and inspect books, papers, or records pertaining to 21
licensed activity, a copy of which may be obtained by the board officer, agent, or 22
inspector. 23
(3) Final orders of the board as a result of any hearing may be appealed to the Franklin 24
Circuit Court in accordance with KRS Chapter 13B. 25
Section 7. KRS 317.470 is amended to read as follows: 26
(1) The board: 27
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(a) May employ such personnel as may be reasonably necessary to carry out [ the 1
provisions of] this cha pter, whose compensation shall be established by the 2
Personnel Cabinet; and[. The board] 3
(b) Shall by appropriate order employ an executive director [administrator] who 4
shall be charged with responsibility of administering [ the provisions of] this 5
chapter, and the policies of the board relating to barbering. The executive 6
director[administrator] may receive compensation as may be established by 7
classification of the position by the Personnel Cabinet. 8
(2) The board shall prescribe the duties of the[such] personnel employed by it. 9
(3) The board shall publish or electronically provide copies of its administrative[rules 10
and] regulations and any proposed amendments to all persons licensed by it and to 11
any other persons, places, or agencies as may be required by law or deemed by it 12
reasonably necessary in the administration of the provisions of this chapter. 13
Section 8. KRS 317.540 is amended to read as follows: 14
A[No] license shall not be renewed or issued by the board to any barber school [,] unless 15
the school provides: 16
(1) The name of the proposed school; 17
(2) A statement that the proposed school is authorized to operate educational programs 18
beyond secondary education; 19
(3) As a prerequisite of graduation, a prescribed course of instruction of not less than 20
one thousand two hundred (1,200) [fifteen hundred (1,500)] hours shall be given 21
within a reasonable period with not more than ten (10)[eight (8)] hours nor less than 22
four (4) hours of instruction a day, exclusive of Sundays; 23
(4) Courses of instruction in histology of the hair, skin, muscles, and nerves of the face 24
and neck; elementary chemistry with emphasis on sterilization and antiseptics; 25
disease of the skin, hair, and glands; massaging and manipulating of the muscles of 26
the upper body; cutting, shaving, arranging, dressing, coloring, bleaching, and 27
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tinting the hair and such other courses as may be prescribed by administrative 1
regulation of the board; and 2
(5) Such facilities, equipment, materials, and qualified teachers as may be required by 3
administrative[rules and] regulations of the board adopted pursuant to this chapter, 4
but in no event shall any school have fewer than one (1) licensed t eacher per twenty 5
(20) students enrolled, or more than two (2) students per chair. 6
Section 9. KRS 317.570 is amended to read as follows: 7
(1) Except as authorized by subsection (4) of this section, no examination or part of any 8
examination required by this chapter shall be given unless two (2) or more members 9
of the board are present to supervise the examination. 10
(2) Examinations given by the board shall cover all phases of the applicant's 11
qualifications for licensure,[the license applied for] including knowledge of this 12
chapter, the skill and technique of the applicant, as well as scientific and other 13
knowledge required by the board to obtain licensure. 14
(3) Examinations shall be given at regularly prescribed intervals. 15
(4) Examinations shall be given at the principal office of the board, except that 16
examinations may be given at a Department of Corrections facility that operates a 17
licensed barber school. Examinations shall be supervised by two (2) or more 18
members of the board, or board staff designated for that purpose, who shall be 19
present at the site of the examination. 20