AN ACT relating to licensed professionals.

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AN ACT relating to licensed professionals. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 317.450 is amended to read as follows: 3
(1) (a) The board shall issue an apprentice license to practice barbering to any person 4
who: 5
1. Is at least seventeen and one-half (17-1/2) years of age; 6
2. Is of good moral character and temperate habit; 7
3. Possesses a high school diploma, a High School Equivalency Diploma, 8
or a transcript from an issuing institution that is recognized by the 9
educational authority in the state from which the diploma, certific ate, or 10
transcript is issued; 11
4. Has graduated from a licensed school of barbering; 12
5. Has satisfactorily passed the apprentice examination prescribed by the 13
barber board, which shall include a practical assessment of the 14
applicant's skills, including but not limited to a taper haircut, shampoo, 15
straight razor facial shave, facial, and a chemical application; and 16
6. Has paid a fee as established in administrative regulations promulgated 17
by the board in accordance with KRS Chapter 13A. 18
(b) A barber shall ser ve an apprentice period of at least six (6) months but not 19
more than nine (9) months of continuous service from the effective date of the 20
license issued pursuant to paragraph (a) of this subsection. 21
(c) In addition to the grounds for disciplinary action sp ecified in KRS 317.590, 22
the board may, during the apprentice period, require a licensee to retake any 23
part or all of the written or practical examination, or both. 24
(d) At the end of the apprentice period, the board shall issue a license to practice 25
barbering to an apprentice licensee who has: 26
1. Satisfactorily passed the barber examination prescribed by the board by 27
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administrative regulations promulgated in accordance with KRS Chapter 1
13A;[ and] 2
2. Submitted satisfactory proof that he or she has successfull y completed 3
up to one (1) hour of online or in -person training provided by a 4
recognized statewide nonprofit antidomestic violence association. The 5
training shall be a one (1) time course with a focus on how to 6
recognize the signs of domestic violence, resp ond to these signs, and 7
refer a client to resources for victims of domestic violence; and 8
(3) Complied with all other requirements of this subsection. 9
(e) The board may issue a barber license by endorsement to a resident of another 10
state, district, or ter ritory within the United States of America upon payment 11
of a fee as established in administrative regulations promulgated by the board 12
in accordance with KRS Chapter 13A, and upon submission of satisfactory 13
evidence that the requirements for licensure in t he other state are substantially 14
equivalent to the requirements of this state at the time of application. In the 15
absence of the required equivalency, an applicant from another state, district, 16
or territory within the United States of America, shall show pr oof of three (3) 17
years or more experience immediately before making application and be 18
currently licensed and in good standing with the state, district, or territory in 19
which he or she is licensed. The board may also require an applicant under 20
this section to pass a written and practical examination to establish 21
equivalency. 22
(f) The board shall make the domestic violence training required in paragraph 23
(d) of this subsection available online at no cost to the attendee and shall 24
collaborate with ZeroV to develop the training materials. 25
(g) A person licensed under this chapter, and the employer of that licensee, who 26
responds to signs of domestic violence with a client, refers a client to 27
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resources for victims of domestic violence, or fails to respond or refer a 1
client shall not be civilly or criminally liable for his or her actions or 2
inactions under this paragraph. 3
(2) The board shall: 4
(a) Issue a license to operate a barber shop or mobile barber shop to any barber 5
licensed under the provisions of this chapter upon application and payment of 6
a fee as established in administrative regulations promulgated by the board in 7
accordance with KRS Chapter 13A; 8
(b) Refuse to issue the license upon a failure of the licensed barber to comply 9
with the provisions of this chap ter or the administrative regulations 10
promulgated by the board; 11
(c) Allow the licensed owner of a barber shop or mobile barber shop, which is 12
licensed under this chapter, to rent or lease space in his or her barber shop to 13
an independent contract owner; and 14
(d) Allow an unlicensed owner of a barber shop to rent or lease space in his or her 15
barber shop to an independent contract owner, only if the shop owner has a 16
licensed barber as a manager of the shop at all times. If the owner, manager, 17
or location of a barber shop changes, the required form and fee shall be 18
submitted to the board. 19
(3) The board shall issue a license to operate a school of barbering to any person, firm, 20
or corporation who or which: 21
(a) Applies for a license upon forms furnished by the board; 22
(b) Has the equipment and facilities that may be required by administrative 23
regulations promulgated by the board; 24
(c) Has furnished adequate evidence to the board that: 25
1. There is an intent to establish a bona fide school for the education and 26
training of competent barbers; and 27
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2. A sufficient number of teachers licensed by the board will be employed 1
to conduct the school, including at least one (1) teacher with a minimum 2
of twelve (12) months' experience teaching in a barber school that 3
includes administrative experience; and 4
(d) Pays a fee as established in administrative regulations promulgated by the 5
board in accordance with KRS Chapter 13A. 6
(4) The board shall issue a student permit to any person enrolled in a licensed barber 7
school upon payment of a fee as established in administrative regulations 8
promulgated by the board in accordance with KRS Chapter 13A. 9
(5) The board shall issue a license to teach barbering to any person who: 10
(a) Is of good moral character and temperate habit; 11
(b) Possesses a high school diploma or a High School Equivalency Diploma; 12
(c) Has been a Kentucky -licensed and practicing barber for at least eighteen (18) 13
months; 14
(d) Has satisfactorily passed the examination prescribed by the board by 15
promulgation of administrative regulations; and 16
(e) Has paid a fee as established in administrative regulations promulgated by the 17
board in accordance with KRS Chapter 13A. 18
(6) The board shall issue a license to any barber who holds an independent contract 19
owner's license who: 20
(a) Is of good moral character and temperate habit; 21
(b) Possesses a high school diploma or a High School Equivalency Diploma; 22
(c) Is a licensed and practicing barber under this chapter; and 23
(d) Has paid a fee as established in administrative regulations promulgated by the 24
board in accordance with KRS Chapter 13A. 25
(7) The board shall issue a demonstration charity event permit to any licensed barber 26
who pays a fee as es tablished in administrative regulations promulgated by the 27
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board in accordance with KRS Chapter 13A. 1
(8) Applications for examination required in this section shall be accompanied by an 2
examination fee as established in administrative regulations promulgat ed by the 3
board in accordance with KRS Chapter 13A. 4
(9) (a) On and after July 1, 2016, a license issued pursuant to this section shall expire 5
on the first day of July next following the date of its issuance. A license shall 6
be renewed on June 1 through July 1 of each year. 7
(b) Any license shall automatically be renewed by the board: 8
1. Upon receipt of the application for renewal or duplicate renewal 9
application form and the required annual renewal license fee submitted 10
either in person or via written or electronic means; and 11
2. If the applicant for renewal is otherwise in compliance with the 12
provisions of this chapter and the administrative regulations of the 13
board. 14
(10) The annual renewal license fee for each type of license renewal shall be as 15
established in administrative regulations promulgated by the board in accordance 16
with KRS Chapter 13A. 17
(11) (a) The fee per year for the renewal of an expired license, if the period of 18
expiration does not exceed five (5) years, shall be as established by 19
administrative regulations promulgated by the board in accordance with KRS 20
Chapter 13A. 21
(b) An applicant who fails to renew a license within five (5) years of its 22
expiration shall comply with the requirements for relicensure established by 23
the board through promulgatio n of administrative regulations in accordance 24
with KRS Chapter 13A. 25
Section 2. KRS 317A.050 is amended to read as follows: 26
(1) All applicants for licensure under this chapter shall meet the following minimum 27
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requirements: 1
(a) Be of good moral character and temperate habit; 2
(b) Be at least eighteen (18) years of age; 3
(c) Have a high school diploma, a High School Equivalency Diploma, or results 4
from the Test for Adult Basic Education indicating a score equivalent to the 5
twelfth grade of high school;[ and] 6
(d) Have submitted the completed application along with the required license fee 7
as set forth in administrative regulation; and 8
(e) 1. Have submitted satisfactory proof that the applicant successfully 9
completed up to one (1) hour of online or in -person training provided 10
by a recognized statewide nonprofit antidomestic violence association. 11
2. The one (1) time training shall focus on how to recognize the signs of 12
domestic violence, respond to these signs, and refer a client to 13
resources for victims of domestic violence. 14
3. The board shall make the required domestic violence training 15
available online at no cost to the attendee and shall collaborate with 16
ZeroV to develop the training materials. 17
4. A person licensed under this chapter, and the employer of that 18
licensee, who responds to signs of domestic violence with a client, 19
refers a client to resources for victims of domestic violence, or fails to 20
respond or refer a client shall not be civilly or criminally liable for his 21
or her actions or inactions under this paragraph under this 22
paragraph. 23
(2) Notwithstanding any provision t o the contrary, the board may refuse to grant a 24
license to any applicant who fails to comply with the provisions of this chapter or 25
any administrative regulations promulgated by the board. 26
(3) The board shall issue a cosmetologist license to any person who: 27
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(a) Has official certification from the state board or agency that certifies 1
cosmetology schools that the applicant has graduated from a licensed school 2
of cosmetology requiring one thousand five hundred (1,500) hours within five 3
(5) years of enrolling within the school; and 4
(b) Has satisfactorily passed an examination prescribed by the board to determine 5
fitness to practice cosmetology. 6
(4) The board shall issue an esthetician license to any person who: 7
(a) Has satisfactorily completed seven hundred fift y (750) hours of instruction in 8
a licensed school approved by the board; and 9
(b) Has received a satisfactory grade on an examination prescribed by the board 10
to determine fitness to practice as an esthetician. 11
(5) The board shall issue a license to act as a nail technician to any person who: 12
(a) Has official certification from the state board or agency that certifies 13
cosmetology schools that the applicant has completed satisfactorily a nail 14
technician course of study of four hundred fifty (450) hours in a li censed 15
school of cosmetology within five (5) years of submitting an application for 16
licensure; and 17
(b) Has satisfactorily passed an examination prescribed by the board to determine 18
fitness to practice as a nail technician. 19
(6) The board shall issue a license to operate a salon as follows: 20
(a) The board shall issue a license to operate a beauty salon to any licensed 21
cosmetologist. An owner who is not a licensed cosmetologist shall have a 22
licensed cosmetologist as manager of the beauty salon at all times. If the 23
owner, manager, or location of a beauty salon changes, the required form and 24
fee shall be submitted to the board. 25
(b) The board shall issue a license to operate an esthetic salon to any licensed 26
esthetician. An owner who is not a licensed esthetician shall have a licensed 27
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esthetician or cosmetologist as manager of the esthetic salon at all times. If the 1
owner, manager, or location of an esthetic salon changes, the required form 2
and fee shall be submitted to the board. 3
(c) The board shall issue a licens e to operate a nail salon to any licensed nail 4
technician. An owner who is not a licensed nail technician shall have a 5
licensed nail technician or cosmetologist as manager of the nail salon at all 6
times. If the owner, manager, or location of a nail salon c hanges, the required 7
form and fee shall be submitted to the board. 8
(7) The board shall issue an instructor training certificate to train to be an instructor in 9
cosmetology, esthetic practices, or nail technology to any person who: 10
(a) Has held a current co smetologist, esthetician, or nail technician license for at 11
least one (1) year; and 12
(b) Has submitted an application that has been signed by the owners of the school 13
in which the applicant will study. The course of instruction shall be for a 14
period of seven hundred fifty (750) hours and not less than four and one -half 15
(4.5) months at one (1) school providing this instruction. The school owner 16
shall verify to the board the completion of seven hundred fifty (750) hours. 17
For out -of-state verification, an appli cant shall provide official certification 18
from the board or agency that certifies schools in that other state of licensure 19
verifying the applicant has completed a course of instruction consisting of at 20
least seven hundred fifty (750) hours and not less tha n four and one-half (4.5) 21
months at one (1) school providing the instruction. 22
(8) The board shall issue a license to teach cosmetology to any person who: 23
(a) Has held a current cosmetologist license and an instructor training certificate 24
for at least four and one-half (4.5) months; and 25
(b) Has satisfactorily passed the examination for the teaching of cosmetology as 26
prescribed by the board. 27
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(9) The board shall issue a license to teach esthetic practices to any person who: 1
(a) Has held a current esthetician license and an instructor training certificate for 2
at least four and one-half (4.5) months; 3
(b) Has completed fifty (50) hours in esthetics tr aining within the last two (2) 4
years; and 5
(c) Has satisfactorily passed the examination for the teaching of esthetic practices 6
as prescribed by the board. 7
(10) The board shall issue a license to teach nail technology to any person who: 8
(a) Has held a curre nt nail technician license and an instructor training certificate 9
for at least four and one-half (4.5) months; 10
(b) Has completed fifty (50) hours in nail technology training within the last two 11
(2) years; and 12
(c) Has satisfactorily passed the examination f or the teaching of nail technology 13
as prescribed by the board. 14
(11) (a) If the requirements of KRS 317A.090 have been satisfied, the board shall 15
issue a license to operate a school of cosmetology or a school of esthetic 16
practices or a school of nail techno logy to any person who has as manager at 17
all times a person who is: 18
1. Licensed as an instructor; 19
2. Charged with the responsibility of ensuring that all applicable statutes 20
and administrative regulations are complied with; and 21
3. Responsible for having a sufficient number of licensed instructors of 22
cosmetology or esthetic practices or nail technology to conduct the 23
school. 24
(b) Any student enrolling in the school shall pay the fee set forth in administrative 25
regulation to the board before enrollment in the school shall be allowed. 26
(c) The transfer of any license to operate a school of cosmetology or esthetic 27
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practices or nail technology shall require the board's approval and shall 1
become effective upon submitting the required form and fee to the board. 2
(12) (a) The board shall issue a license to provide shampoo and style services to any 3
person who: 4
1. Has passed an examination prescribed by the board to determine fitness 5
to perform shampoo and style services; 6
2. Has completed at least three hundred (300) hour s of instruction from a 7
licensed school of cosmetology; and 8
3. Has met any other reasonable criteria established in administrative 9
regulations promulgated by the board. 10
(b) The board shall issue a license to operate a limited beauty salon to any person: 11
1. Who is licensed to provide shampoo and style services or who employs 12
at least one (1) person licensed to provide shampoo and style services at 13
the limited beauty salon; and 14
2. Whose limited beauty salon facility complies with standards established 15
in administrative regulations promulgated by the board. 16
(13) Licenses established under this chapter shall be valid for a period of time to be 17
established by the board through the promulgation of administrative regulations. 18
(14) Licenses and permits issued by the board may be renewed beginning July 1 through 19
July 31 of each year. 20
(a) Any license shall automatically be renewed by the board: 21
1. Upon submission and receipt of the application for renewal and the 22
required annual license fee; and 23
2. If the application f or renewal is otherwise in compliance with the 24
provisions of this chapter and the administrative regulations of the 25
board. 26
(b) Any license application postmarked after July 31 shall be considered expired, 27
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and the appropriate restoration fee as required by administrative regulation of 1
the board shall apply. 2
(15) The requirements for a new license for any person whose license has ex pired for a 3
period exceeding five (5) years shall be as follows: 4
(a) Cosmetologists shall retake and pass both the practical and theory 5
examination; 6
(b) Estheticians shall retake and pass both the practical and theory examination; 7
(c) Instructors of cosmetology or esthetic practices shall retake and pass both the 8
practical and theory examination; 9
(d) Nail technicians shall retake and pass the practical and theory examination; 10
(e) Providers of shampoo and style services shall retake and pass both the 11
practical and theory examination; and 12
(f) The appropriate restoration fee as set forth in administrative regulation of the 13
board shall be required. 14
(16) Guest artists or demonstrators appearing and demonstrating before persons other 15
than licensed cosmetologists, estheticians, nail technicians, and providers of 16
shampoo and style services shall apply for a permit that shall be in effect for ten 17
(10) days. Guest artists performing before a nonprofit, recognized professional 18
cosmetologists', estheticians', or cosmetology school or shampoo and style services' 19
or nail technicians' group shall apply for a permit, but shall not be required to pay 20
the fee. 21
(17) The board shall issue a permit for threading and may promulgate administrative 22
regulations that set out requiremen ts for the practice of threading. Threading shall 23
be conducted in a licensed beauty salon or a facility with a permit to engage in 24
threading, and the board may promulgate administrative regulations for facilities 25
and the required sanitation standards. The permit shall be valid for a period of one 26
(1) year. 27
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(18) The board shall issue a permit for eyelash artistry and may promulgate 1
administrative regulations that set out the requirements for the practice of eyelash 2
artistry. Eyelash artistry shall be conduct ed in a licensed beauty salon or a facility 3
with a permit to engage in eyelash artistry, and the board may promulgate 4
administrative regulations for facilities, education, and the required sanitation 5
standards. The permit shall be valid for a period of one (1) year. 6
(19) The board shall issue a permit for makeup artistry and may promulgate 7
administrative regulations that set out requirements for the practice of makeup 8
artistry and required sanitation standards. The permit shall be valid for a period of 9
one (1) year. 10
(20) (a) The board may issue a permit for temporary event services to a Kentucky -11
licensed cosmetologist, esthetician, limited stylist, or nail technician and shall 12
promulgate administrative regulations that set out requirements for issuance 13
of a temporary event services permit including: 14
1. Sanitation standards; 15
2. Criteria for events that qualify; 16
3. Application requirements and fees; and 17
4. Any other requirements necessary to protect the public health and 18
safety. 19
(b) The temporary event services permit shall be valid only for the specific dates 20
and locations requested. 21
(c) No person other than a Kentucky -licensed cosmetologist, esthetician, limited 22
stylist, or nail technician shall perform services at a temporary event services 23
location, and no licensee shall perform services other than those authorized by 24
his or her respective license pursuant to KRS 317A.020. 25
(d) The Kentucky -licensed cosmetologist, esthetician, limited stylist, or nail 26
technician holding a temporary event services permit shall be liable for any 27
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violation of KRS Chapter 317A or administrative regulations promulgated 1
under KRS Chapter 317A that occurs at the temporary event services location. 2