AN ACT relating to cosmetology.

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AN ACT relating to cosmetology. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 317A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A licensee shall not perform any service that goes beyond the stratum 5
germinativum layer, also known as the basal layer of the epidermis, unless 6
practicing under the direct supervision of: 7
(a) A licensed physician; or 8
(b) An advanced practice registered nurse as defined in KRS 314.011. 9
(2) A licensee shall not perform any service regulated by another state board or 10
agency without the appropriate licensing for that service. For the purpose of this 11
subsection, "service" includes but is not limited to: 12
(a) Permanent makeup; 13
(b) Microblading; and 14
(c) Piercing. 15
Section 2. KRS 317A.010 is amended to read as follows: 16
As used in this chapter, unless the context requires otherwise: 17
(1) "Beauty salon" means any establishment , fixed or mobile, in which the practice of 18
cosmetology is conducted for the general public or for consideration; 19
(2) "Board" means the Kentucky Board of Cosmetology; 20
(3) "Cosmetologist" means a person who engages in the practice of cosmetology for the 21
public generally or for consideration, regardl ess of the name under which the 22
practice is conducted; 23
(4) "Cosmetology" means the practice of: 24
(a) Hair styling; 25
(b) Esthetics; and 26
(c) Nail technology. 27
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The practice of cosmetology does not include acts performed incident to treatment 1
of an illness or a disease; 2
(5) "Cosmetology school" or "school of cosmetology" means any operation, place, or 3
establishment in or through which persons are trained or taught the practice of 4
cosmetology, esthetic practices, and nail technology; 5
(6) "Esthetician" means a pers on who is licensed by the board to engage in esthetic 6
practices in the Commonwealth of Kentucky; 7
(7) "Esthetic practices" means one (1) or more of the following acts: 8
(a) Beautifying, cleansing, cosmetic preparations, exfoliating, facials, makeup, 9
removal of superfluous hair, stimulation, tinting, tweezing, or waxing; 10
(b) Eyelash tinting, artificial eyelashes, or eyelash extensions; 11
(c) Use of lotions, creams, oils, antiseptics, or depilatories; 12
(d) Massaging the skin; and 13
(e) Providing preoperative and postoperative esthetic skin care, either referred by 14
or supervised by a medical professional, unless these acts are performed 15
incident to: 16
1. Treatment of an illness or a disease; 17
2. Work as a student in a board-approved school; or 18
3. Work performed by a licensed massage therapist; 19
(8) "Esthetic practices school" or "school of esthetic practices" means any operation, 20
place, or establishment in or through which persons are trained in esthetic practices; 21
(9) "Esthetic salon" means any establishment, fixed or mobile [a place] where an 22
esthetician performs esthetic practices; 23
(10) "Eyelash artistry" means the process of attaching semipermanent lashes or eyelash 24
extensions to natural eyelashes; 25
(11) "Fixed salon" means a licensed, stati onary, physical establishment where a 26
person licensed under this chapter practices cosmetology or any other service 27
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licensed or permitted under this chapter; 1
(12) "Hair styling" means the practice of: 2
(a) Arranging, beautifying, bleaching, cleansing, color ing, curling, cutting, 3
dressing, manipulating, permanent waving, singeing, tinting, or trimming of 4
natural or artificial hair; 5
(b) Use of lotions, creams, and antiseptics; and 6
(c) Massaging and stimulation of the scalp; 7
(13)[(12)] "Instructor" means any i ndividual licensed to teach cosmetology, esthetics, or 8
nail technology who holds a corresponding license in cosmetology, esthetics 9
practice, or nail technology; 10
(14)[(13)] "Limited facility[beauty salon] " means any establishment in which the 11
practice of sh ampoo and style services, makeup artistry, eyelash artistry, [ or] 12
threading, or any other service licensed or permitted under this chapter is [ are] 13
conducted for the general public or for consideration; 14
(15)[(14)] "Limited stylist" means an individual lice nsed to perform shampoo and style 15
services; 16
(16)[(15)] (a) "Makeup artistry" means applying cosmetic products to the face and 17
body. 18
(b) "Makeup artistry" includes: 19
1. Corrective and camouflage techniques; and 20
2. Airbrushing. 21
(c) "Makeup artistry" does not include: 22
1. Face painting at carnivals or fairs; or 23
2. Application of cosmetics when not done for consideration; 24
(17) "Mobile salon": 25
(a) Means a licensed structure that moves on wheels where a person licensed 26
under this chapter practices cosmetology or a ny other service licensed or 27
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permitted under this chapter; and 1
(b) Does not mean a licensed individual performing services at different 2
locations that are not licensed by this chapter; 3
(18)[(16)] "Nail salon" means any establishment , fixed or mobile, in which the practice 4
of nail technology only is conducted for the general public or for consideration; 5
(19)[(17)] "Nail technician" means a person who practices nail technology, including 6
manicuring and pedicuring real and artificial nails for the purpose of b eautifying, 7
for the general public or for consideration. Manicuring and pedicuring real and 8
artificial nails for the purpose of beautifying includes: 9
(a) Cleaning; 10
(b) Trimming; 11
(c) Cutting; 12
(d) Shaping; 13
(e) Sculpting; 14
(f) Polishing; and 15
(g) Massaging the hands and feet of any human, for which a license is required by 16
this chapter; 17
(20)[(18)] "Nail technology school" or "school of nail technology" means any operation, 18
place, or establishment in or through which persons are trained in nail technology; 19
(21)[(19)] (a) "Natural hair braiding" means a service of twisting, wrapping, weaving, 20
extending, locking, or braiding hair by hand or with mechanical devices. 21
Natural hair braiding is commonly known as "African -style hair braiding" but 22
is not limi ted to any particular cultural, ethnic, racial, or religious forms of 23
hair styles. 24
(b) "Natural hair braiding" includes: 25
1. The use of natural or synthetic hair extensions, natural or synthetic hair 26
and fibers, decorative beads, and other hair accessories; 27
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2. Minor trimming of natural hair or hair extensions incidental to twisting, 1
wrapping, weaving, extending, locking, or braiding hair; 2
3. The use of topical agents such as conditioners, gels, moisturizers, oils, 3
pomades, and shampoos; and 4
4. The making of wigs from natural hair, natural fibers, synthetic fibers, 5
and hair extensions. 6
(c) "Natural hair braiding" does not include: 7
1. The application of dyes, reactive chemicals, or other preparation to alter 8
the color of the hair or to straighten, curl, or alte r the structure of the 9
hair; or 10
2. The use of chemical hair joining agents such as synthetic tape, keratin 11
bonds, or fusion bonds. 12
(d) For the purposes of this subsection, "mechanical devices" means clips, combs, 13
curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair 14
binders; 15
(22)[(20)] (a) "Shampoo and style services" means beautifying, cleaning, or arranging 16
the hair of an individual for consideration[ only at a limited beauty salon]. 17
(b) "Shampoo and style services" includes any o f the following services 18
performed on an individual's hair: 19
1. Arranging; 20
2. Cleaning; 21
3. Curling; 22
4. Dressing; 23
5. Blow drying; or 24
6. Performing any other similar procedure. 25
(c) "Shampoo and style services" does not include any service that: 26
1. Is popularly known as a Brazilian blowout; 27
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2. Includes color services, cutting, lightening, or chemically treating hair; 1
or 2
3. Otherwise falls under the practice of cosmetology, except as authorized 3
in paragraph (b) of this subsection; and 4
(23)[(21)] "Threading" means the process of removing hair from below the eyebrow by 5
use of a thread woven through the hair to be removed. 6
Section 3. KRS 317A.020 is amended to read as follows: 7
(1) A[No] person shall not engage in the practice of cosmetology, esthetic practices, or 8
nail technology for other than cosmetic purposes nor shall any person engage in the 9
practice of cosmetology, esthetic p ractices, or nail technology for the treatment of 10
physical or mental ailments. This chapter does not apply to: 11
(a) Persons authorized by the law of this state to practice medicine, podiatry, 12
optometry, dentistry, chiropractic, nursing, or embalming who per form 13
incidental practices of cosmetology, esthetic practices, and nail technology in 14
the normal course of the practice of their profession; 15
(b) Commissioned medical or surgical personnel of the United States Armed 16
Forces who perform incidental practices of cosmetology, esthetic practices, or 17
nail technology in the course of their duties; and 18
(c) Cosmetology, esthetic practices, or nail technology services performed at an 19
institution operated or under contract to the Department of Corrections or the 20
Department of Juvenile Justice[; and 21
(d) Persons engaged in natural hair braiding]. 22
(2) Except as provided in subsection (1) of this section, a[no] person shall not engage 23
in the practice of cosmetology, esthetic practices, or nail technology for the public, 24
generally, or for consideration without the appropriate license required by this 25
chapter. 26
(3) (a) A[No] person, unless duly and properly licensed or permitted pursuant to this 27
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chapter, shall not: 1
1.[(a)] Act as a cosmetologist [Teach cosmetology, esthetic practi ces, or 2
nail technology]; 3
2.[(b)] Operate a beauty salon; 4
3.[(c)] Operate an esthetic salon; 5
4.[(d)] Act as an esthetician; 6
5.[(e)] Operate a nail salon; 7
6.[(f)] Act as a nail technician;[ or] 8
7.[(g)] Conduct or operate a school for cosmetologists, estheti cians, or 9
nail technicians; or 10
8. Perform any other service regulated by this chapter. 11
(b) 1. Any person who practices, offers or attempts to practice, or holds 12
oneself out to practice cosmetology, esthetics, nail technology, 13
shampoo styling, or any other practice regulated by this chapter 14
without being licensed or permitted by this chapter shall, in addition to 15
any other penalty provided by law, pay an administrative penalty to the 16
board in an amount not to exceed one thousand five hundred dollars 17
($1,500) for each offense as determined by the board. 18
2. The administrative penalty shall be assessed by the board in a ruling 19
after an administrative hearing is held in accordance with Section 7 of 20
this Act and KRS Chapter 13B. 21
(c) The board has the authority and power to investigate any and all unlicensed 22
activity involving services licensed under this chapter. 23
(d) The administrative penalty shall be paid within sixty (60) days after the 24
effective date of the order imposing the administrative penalty. The order 25
shall constitute a judgment and may be filed and executed in the same 26
manner as any judgment from any court of record. 27
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(4) A[No] person shall not aid or abet any person in violating this section, nor shall any 1
person engage or employ for consideration any p erson to perform any practice 2
licensed or permitted by this chapter unless the person to perform the practice holds 3
and displays the appropriate license or permit. 4
(5) A licensed cosmetology, esthetic, or nail technology practice instructor, licensed 5
cosmetologist, licensed esthetician, licensed nail technician, licensed shampoo 6
stylist, or permit holder [No licensed cosmetology or esthetic practices instructors, 7
licensed cosmetologists, licensed estheticians, or licensed nail technicians] shall not 8
hold clinics for teaching or demonstrating for personal profit, either monetary or 9
otherwise, if the clinics are not sponsored by a recognized professional 10
cosmetologist's, esth etician's, or nail technician's group , or other beauty specialty 11
group for a service that requires a license or permit under this chapter. 12
(6) Whenever a person engages in different practices separately licensed, certified, or 13
permitted by this chapter, that person shall procure a separate license, certificate, or 14
permit for each of the practices in which the person engages. 15
(7) The board shall: 16
(a) Govern all issues related to this chapter; 17
(b) Investigate alleged violations brought to its attention, conduct investigations, 18
and schedule and conduct administrative hearings in accordance with KRS 19
Chapter 13B to enforce the provisions of this chapter and administrative 20
regulations promulgated pursuant to this chapter; 21
(c) Administer oaths, receive evidence, interview persons, and require the 22
production of books, papers, documents, or other evidence; and 23
(d) Have the authority to take emergency action affecting the legal rights, duties, 24
privileges, or immunities of named persons without a hearing to stop, prevent, 25
or avoid an immediate danger to the public health, safety, or welfare, in 26
accordance with KRS 13B.125(1), subject to the following: 27
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1. An emergency order shall be based upon verified probable cause or 1
substantial evidence, documented by the board, that the emergency 2
order is in the interest of public health, welfare, and safety of any 3
customer, patient, or the general public; and 4
2. Upon the issuance of an emergency order, the board shall comp ly with 5
the administrative hearing procedures in KRS 13B.125(3) to determine 6
the reinstatement of operations of the licensed facility. 7
(8) (a) Unless a documented and verified violation creates an immediate and present 8
danger to the health and safety of th e public, a warning notice shall be first 9
issued prior to imposing incremental punitive action against an otherwise 10
lawful salon. The warning notice shall include a specific and detailed 11
description of the violation and the specific remediation required to bring the 12
salon into compliance. 13
(b) It shall be deemed an immediate and present danger to the health and safety of 14
the public if it is documented and verified that a licensee knowingly employs 15
or utilizes the services of an unlicensed individual. 16
(9) The board may: 17
(a) Bring and maintain actions in its own name to enjoin any person in violation 18
of any provision of this chapter. These actions shall be brought in the Circuit 19
Court of the county where the violation is alleged to have occurred; and 20
(b) Refer violations of this chapter and any potential violations of other chapters 21
relating to the practice of cosmetology or any other practice regulated by 22
this chapter to county attorneys, Commonwealth's attorneys, and to the 23
Attorney General, or any other applicable enforcement arm[. 24
(10) Nothing in this section shall be construed to prohibit an instructor, student, 25
cosmetologist, or nail technician from using callus graters for callus removal, and 26
the board shall not promulgate any administrative regulation pro hibiting the use of 27
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callus graters for callus removal]. 1
Section 4. KRS 317A.030 is amended to read as follows: 2
(1) There is created an independent agency of the state government to be known as the 3
Kentucky Board of Cosme tology, which shall have complete supervision over the 4
administration of the provisions of this chapter relating to the: 5
(a) Practice of cosmetology, esthetics, and nail technology; 6
(b) Instruction of cosmetology, esthetics, and nail technology; 7
(c) Salons where cosmetology, esthetics, and nail technology are practiced; 8
(d) Schools where cosmetology, esthetics, and nail technology are taught; and 9
(e) Practice, instruction, limited facility, or specialized course for any subset 10
skill of cosmetology, esthetic s, or nail technology [cosmetology, 11
cosmetologists, schools of cosmetology, or esthetic practices or nail 12
technology, students, estheticians, nail technicians, instructors of 13
cosmetology, instructors of esthetic practices, or instructors of nail 14
technology, cosmetology salons, esthetic salons, and nail salons]. 15
(2) The board shall be composed of seven (7) members appointed by the Governor as 16
follows: 17
(a) Four (4) of the members shall have been cosmetologists five (5) years prior to 18
their appointment and shall reside in Kentucky: 19
1. Two (2) of whom shall be cosmetology salon owners; 20
2. One (1) of whom shall be a cosmetology teacher in public education and 21
shall not own any interest in a cosmetology salon; and 22
3. One (1) of whom shall be an owner of or one who shall have a financial 23
interest in a licensed cosmetology school and shall be a member of a 24
nationally recognized association of cosmetologists; 25
(b) One (1) member shall be a licensed nail technician; 26
(c) One (1) member shall be a licensed esthetician; 27
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(d) One (1) member shall be a citizen at large who is not associated with or 1
financially interested in the practices or businesses regulated; and 2
(e) None of whom nor the executive director shall be financial ly interested in, or 3
have any financial connection with, wholesale cosmetic supply or equipment 4
businesses. 5
At all times in the filling of vacancies of membership on the board, this balance of 6
representation shall be maintained. 7
(3) Appointments shall be for a term of two (2) years, ending on February 1. 8
(4) The Governor shall not remove any member of the board except for cause. 9
(5) The board shall elect from its members a chair, a vice chair, and a secretary. 10
(6) Four (4) members shall constitute a quorum for the transaction of any board 11
business. 12
(7) Each member of the board shall receive one hundred dollars ($100) per day for each 13
day of attendance at board meetings, and shall be reimbursed for necessary 14
traveling expenses and necessary expenses incurred in the performance of duties 15
pertaining to official business of the board. 16
(8) The board shall hold meetings at the place in the state and at the times deemed 17
necessary by the board to discharge its duties. 18
Section 5. KRS 317A.050 is amended to read as follows: 19
(1) All applicants for licensure under this chapter shall meet the following minimum 20
requirements: 21
(a) [Be of good moral character and temperate habit; 22
(b) ]Be at least eighteen (18) years of age; 23
(b) Have a diplo ma, transcript, or examination that reflects completion of 24
secondary education approximate to the twelfth grade in public schools in 25
the United States[(c) Have a high school diploma, a High School 26
Equivalency Diploma, or results from the Test for Adult Bas ic Education 27
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indicating a score equivalent to the twelfth grade of high school]; and 1
(c)[(d)] Have submitted the completed application along with the required 2
license fee as set forth in administrative regulation. 3
(2) Notwithstanding any provision to the c ontrary, the board may refuse to grant a 4
license or permit to any applicant who fails to comply with the provisions of this 5
chapter or any administrative regulations promulgated by the board. 6
(3) The board shall issue a cosmetologist license to any person who: 7
(a) Has official certification from the state board or agency that certifies 8
cosmetology schools that the applicant has satisfactorily completed[graduated 9
from a licensed school of cosmetology requiring] one thousand five hundred 10
(1,500) hours within five (5) years of enrolling within the school; and 11
(b) Has satisfactorily passed an examination prescribed by the board to determine 12
fitness to practice cosmetology. 13
(4) The board shall issue an esthetician license to any person who: 14
(a) Has official certi fication from the state board or agency that certifies 15
cosmetology schools that the applicant has satisfactorily completed seven 16
hundred fifty (750) hours of instruction in a licensed school within five (5) 17
years of enrolling within the school[approved by the board]; and 18
(b) Has satisfactorily passed [received a satisfactory grade on] an examination 19
prescribed by the board to determine fitness to practice as an esthetician. 20
(5) The board shall issue a license to act as a nail technician to any person who: 21
(a) Has official certification from the state board or agency that certifies 22
cosmetology schools that the applicant has completed satisfactorily a nail 23
technician course of study of four hundred fifty (450) hours in a licensed 24
school of cosmetology within fi ve (5) years of enrolling within the 25
school[submitting an application for licensure]; and 26
(b) Has satisfactorily passed an examination prescribed by the board to determine 27
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fitness to practice as a nail technician. 1
(6) The board shall issue a license to operate a fixed or mobile salon as follows: 2
(a) The board shall issue a license to operate a bea uty salon to any licensed 3
cosmetologist. An owner who is not a licensed cosmetologist shall have a 4
licensed cosmetologist as manager of the beauty salon at all times. If the 5
owner, manager, or location of a beauty salon changes, the required form and 6
fee shall be submitted to the board;[.] 7
(b) The board shall issue a license to operate an esthetic salon to any licensed 8
esthetician. An owner who is not a licensed esthetician shall have a licensed 9
esthetician or cosmetologist as manager of the esthetic salon at all times. If the 10
owner, manager, or location of an esthetic salon changes, the required form 11
and fee shall be submitted to the board;[.] 12
(c) The board shall issue a license to operate a nail salon to any licensed nail 13
technician. An owner who is not a licensed nail technician shall have a 14
licensed nail technician or cosmetologist as manager of the nail salon at all 15
times. If the owner, manager, or location of a nail salon changes, the required 16
form and fee shall be submitted to the board; and 17
(d) The board shall issue a license to operate a limited facility to anyone with 18
an applicable license or permit prescribed by administrative regulation. An 19
owner who is not licensed or permitted shall have someone with an 20
applicable license or permit as manager of the limited facility at all times. If 21
the owner, manager, or location changes, the required form and fee shall be 22
submitted to the board. 23
(7) The board shall issue an instructor training certificate to train to be an instructor in 24
cosmetology, esthetic practices, or nail technology to any person who: 25
(a) Has held a current cosmetologist, esthetician, or nail technician license for at 26
least one (1) year; and 27
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(b) Has submitted an application that has been signed by the owners of the school 1
in which the applicant will study. The course of instruction shall be for a 2
period of seven hundred fifty (750) hours and not less than four and one -half 3
(4.5) months at one (1) school providing this instruction. The school owner 4
shall verify to the board the completion of seven hundred fifty (750) hours. 5
For out -of-state verification, an applicant shall provide official certification 6
from the board or agency that certifies schools in that other state of licensure 7
verifying the applicant has completed a course of instruction consisting of at 8
least seven hundred fifty (750) hours and not less than four and one -half (4.5) 9
months at one (1) school providing the instruction. 10
(8) The board shall issue a license to teach cosmetology to any person who: 11
(a) Has held a current cosmetologist license and an instructor training certificate 12
for at least seven hundred fifty (750) hours [four and one-half (4.5) months] ; 13
and 14
(b) Has satisfactorily passed the examination for the teaching of cosmetology as 15
prescribed by the board. 16
(9) The board shall issue a license to teach esthetic practices to any person who: 17
(a) Has held a current esthetician license and an instructor training cert ificate for 18
seven hundred fifty (750) hours[at least four and one-half (4.5) months];[ 19
(b) Has completed fifty (50) hours in esthetics training within the last two (2) 20
years;] and 21
(b)[(c)] Has satisfactorily passed the examination for the teaching of esthe tic 22
practices as prescribed by the board. 23
(10) The board shall issue a license to teach nail technology to any person who: 24
(a) Has held a current nail technician license and an instructor training certificate 25
for at least seven hundred fifty (750) hours[four and one-half (4.5) months];[ 26
(b) Has completed fifty (50) hours in nail technology training within the last two 27
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(2) years;] and 1
(b)[(c)] Has satisfactorily passed the examination for the teaching of nail 2
technology as prescribed by the board. 3
(11) (a) If the requirements of KRS 317A.090 have been satisfied, the board shall 4
issue a license to operate a school of cosmetology or a school of esthetic 5
practices or a school of nail technology to any person who has as manager at 6
all times a person who is: 7
1. Licensed as an instructor; 8
2. Charged with the responsibility of ensuring that all applicable statutes 9
and administrative regulations are complied with; and 10
3. Responsible for having a sufficient number of licensed instructors of 11
cosmetology or esthetic prac tices or nail technology to conduct the 12
school. 13
(b) Any student enrolling in the school shall pay the fee set forth in administrative 14
regulation to the board before enrollment in the school shall be allowed. 15
(c) The transfer of any license to operate a sch ool of cosmetology or esthetic 16
practices or nail technology shall require the board's approval and shall 17
become effective upon submitting the required form and fee to the board. 18
(12) (a) The board shall issue a license to provide shampoo and style services to any 19
person who: 20
1. Has passed an examination prescribed by the board to determine fitness 21
to perform shampoo and style services; 22
2. Has completed at least three hundred (300) hours of instruction from a 23
licensed school of cosmetology; and 24
3. Has met any other reasonable criteria established in administrative 25
regulations promulgated by the board. 26
(b) The board shall issue a license to operate a limited facility[beauty salon] to 27
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any person: 1
1. Who is licensed to provide shampoo and style services or who employs 2
at least one (1) person licensed to provide shampoo and style services at 3
the limited facility[beauty salon]; and 4
2. Whose limited [ beauty salon] facility complies with standards 5
established in administrative regulations promulgated by the board. 6
(13) Licenses established under this chapter shall be valid for a period of time to be 7
established by the board through the promulgation of administrative regulations. 8
(14) Licenses and permits issued by the board may be renewed beginning July 1 through 9
July 31 of each license period prescribed by administrative regulation 10
promulgated by the board[year]. 11
(a) Any license shall automatically be renewed by the board: 12
1. Upon submission and rece ipt of the application for renewal and the 13
required annual license fee; and 14
2. If the application for renewal is otherwise in compliance with the 15
provisions of this chapter and the administrative regulations of the 16
board. 17
(b) Any license application electronically submitted or postmarked after July 31 18
shall be considered expired, and the appropriate restoration fee as required by 19
administrative regulation of the board shall apply. 20
(15) The requirements for a new license for any person whose license has expi red for a 21
period exceeding five (5) years shall be as follows: 22
(a) Cosmetologists shall retake and pass both the practical and theory 23
examination; 24
(b) Estheticians shall retake and pass both the practical and theory examination; 25
(c) Instructors of cosmetology or esthetic practices shall retake and pass both the 26
practical and theory examination; 27
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(d) Nail technicians shall retake and pass the practical and theory examination; 1
(e) Providers of shampoo and style services shall retake and pass both the 2
practical and theory examination; and 3
(f) The appropriate restoration fee as set forth in administrative regulation of the 4
board shall be required. 5
(16) Guest artists or demonstrators appearing and demonstrating before persons other 6
than licensed cosmetologists, es theticians, nail technicians, and providers of 7
shampoo and style services shall apply for a permit that shall be in effect for ten 8
(10) days. Guest artists performing before a nonprofit, recognized professional 9
cosmetologists', estheticians', or cosmetology school or shampoo and style services' 10
or nail technicians' group shall apply for a permit, but shall not be required to pay 11
the fee. 12
(17) The board shall issue a permit for threading and may promulgate administrative 13
regulations that set out requirements for the practice of threading. Threading shall 14
be conducted in a licensed beauty salon or a facility with a permit to engage in 15
threading, and the board may promulgate administrative regulations for facilities 16
and the required sanitation standards. The pe rmit shall be valid for the renewal 17
period prescribed by administrative regulation promulgated by the board [a period 18
of one (1) year]. 19
(18) The board shall issue a permit for eyelash artistry and may promulgate 20
administrative regulations that set out the r equirements for the practice of eyelash 21
artistry. Eyelash artistry shall be conducted in a licensed beauty salon or a facility 22
with a permit to engage in eyelash artistry, and the board may promulgate 23
administrative regulations for facilities, education, a nd the required sanitation 24
standards. The permit shall be valid for the renewal period prescribed by 25
administrative regulation promulgated by the board[a period of one (1) year]. 26
(19) The board shall issue a permit for makeup artistry and may promulgate 27
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administrative regulations that set out requirements for the practice of makeup 1
artistry and required sanitation standards. The permit shall be valid for the renewal 2
period to be prescribed by administrative regulation promulgated by the board [a 3
period of one (1) year]. 4
(20) (a) The board shall issue a permit for natural hair braiding and may 5
promulgate administrative regulations in accordance with KRS Chapter 6
13A to set out sanitation standards for the practice of natural hair braiding 7
in licensed, non-residential facilities with other professionals licensed under 8
this chapter. The permit shall be valid for the renewal period prescribed by 9
administrative regulation promulgated by the board. 10
(b) For a person practicing natural hair braiding, this chapter shall not be 11
construed to require: 12
1. A salon or other facility license, if working out of their home; 13
2. A limited facility license, if only working with other natural hair 14
braiders; or 15
3. Cosmetology instruction hours beyond a sanitation course. 16
(21) (a) The board may issue a permit for temporary event services to a Kentucky -17
licensed cosmetologist, esthetician, limited stylist, or nail technician and shall 18
promulgate administrative regulations that set out requirements for issuance 19
of a temporary event services permit including: 20
1. Sanitation standards; 21
2. Criteria for events that qualify; 22
3. Application requirements and fees; and 23
4. Any other requirements necessary to protect the public health and 24
safety. 25
(b) The temporary event services permit shall be valid only for the specific dates 26
and locations requested. 27
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(c) A[No] person other than a Kentucky -licensed cosmetologist, esthetician, 1
limited stylist, or nail technician shall not perform services at a temporary 2
event services location, and a[no] licensee shall not perform services other 3
than those authorized by his or her respective license pursuant to KRS 4
317A.020. 5
(d) The Kentucky -licensed cosmetologist, esthetician, limited stylist, or nail 6
technician holding a temporary event services permit shall be liable for any 7
violation of KRS Chapter 317A or administrative regulations promulgated 8
under KRS Chapter 317A that occurs at the temporary event services location. 9
Section 6. KRS 317A.060 is amended to read as follows: 10
(1) The board shall promulgate administrative regulations including but not limited to 11
administrative regulations that: 12
(a) Protect the health and safety of the public; 13
(b) Protect the public against incompetent or unethical practice, 14
misrepresentation, deceit, or fraud in the practice or teaching of beauty 15
culture; 16
(c) Set standards for the operation of the schools and all salons; 17
(d) Protect the students under this chapter; 18
(e) Set standards for mobile salons and for the location and housing of 19
fixed[beauty] salons or cosmetology schools in the state. This subsection does 20
not apply to the instructional programs in cosmetology in the state area 21
vocational and technical schools; 22
(f) Set standards for the quantity and quality of equipment, supplies, materials, 23
records, and furnishings required in beauty salons, esthetic salons, nail salons, 24
and cosmetology, esthetic practices, [ and] nail technology schools , and 25
limited facilities; 26
(g) Establish the qualifications of instructors of cosmetology, instructors of 27
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esthetic practices, instructors of nail technology, and apprentice teachers; 1
(h) Establish requirements for the hours and courses of instruction at cosmetology 2
schools and esthetic practices schools and nail technology schools; 3
(i) Establish requirements for the examinations of applicants for licenses; 4
(j) Establish the requirements for the proper education and training of students; 5
(k) Address the course and conduct of license and permit holders under this 6
chapter[school owners, instructors, instructor traini ng certificate holders, 7
licensed cosmetologists, estheticians, nail technicians, beauty salons, esthetic 8
salons, nail salons, cosmetology schools, schools of esthetic practices, and 9
schools of nail technology];[ and] 10
(l) Establish a code of professional co nduct[ethics] for persons licensed and 11
permitted by the board; and 12
(m) Establish the inspection criteria and inspections for fixed and mobile 13
salons. 14
(2) Administrative regulations pertaining to health and sanitation shall be approved by 15
the Cabinet for Health and Family Services before becoming effective. 16
(3) Administrative regulations promulgated under this section shall not be unduly 17
burdensome and shall balance the needs of protecting the public against the 18
feasibility of the requirements imposed. 19
Section 7. KRS 317A.070 is amended to read as follows: 20
(1) The board shall hold hearings upon the request of any licensee o r applicant directly 21
affected by the board's decision to refuse to issue or renew a license or permit, or to 22
deny, suspend, probate, fine, or revoke a license or permit. A licensee or applicant 23
shall request a hearing within thirty (30) days of the board's notice that it seeks to 24
refuse to issue or renew a license or permit, or to deny, suspend, probate, fine, or 25
revoke a license or permit. The hearing shall be conducted in accordance with KRS 26
Chapter 13B. 27
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(2) The board shall hold hearings upon the request of an unlicensed party facing 1
penalties under this chapter. The unlicensed party shall request a hearing within 2
thirty (30) days of the board's notice that a penalty may be issued. The hearing 3
shall be conducted in accordance with KRS Chapter 13B. 4
(3) Rulings of the board as a result of any hearing may be appealed to the Franklin 5
Circuit Court in accordance with KRS Chapter 13B. 6
Section 8. KRS 317A.090 is amended to read as follows: 7
A[No] license shall not be issued or re newed by the board to any cosmetology school or 8
school of esthetic practices or school of nail technology unless such school provides: 9
(1) The name of the proposed school; 10
(2) The ability to effectively and independently administer the school, reflecting 11
knowledge of the law in this chapter and administrative regulations prescribed by 12
the board[A statement that the proposed school is authorized to operate educational 13
programs beyond secondary education]; 14
(3) As a prerequisite of graduation, a prescribed cou rse of instruction of not less than 15
one thousand five hundred (1,500) hours for a cosmetology school or seven 16
hundred fifty (750) hours for a school of esthetic practices, or four hundred fifty 17
(450) hours for a school of nail technology; 18
(4) Courses of in struction in histology of the hair, skin, nails, muscles, and nerves of 19
the face and neck; elementary chemistry with emphasis on sterilization, diseases of 20
the skin, hair, and glands, and massaging and manipulating of the muscles of the 21
upper body; cutting , shaving, arranging, dressing, chemical treatment of the hair 22
and such other courses as may be prescribed by administrative regulation of the 23
board; 24
(5) Facilities, equipment, materials, and qualified instructors and instructor training as 25
may be required by administrative regulations of the board adopted pursuant to this 26
chapter.[, but no] Cosmetology schools[school] or schools[school] of esthetic 27
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practices or schools[school] of nail technology shall follow the student -teacher 1
ratio listed in administrati ve regulations promulgated by the board [have fewer 2
than one (1) licensed instructor per twenty (20) students present for instruction]; 3
(6) A[No] cosmetology school or school of esthetic practices or school of nail 4
technology, after being licensed for the f irst time, shall not serve the public until 5
one hundred fifty (150) hours of instruction has been taught;[ and] 6
(7) If a complaint or concern has been validated through an inspection, 7
investigation, or audit, the board may take immediate remedial measures to help 8
the school operate according to the requirements and standards prescribed by this 9
chapter or in the administ rative regulations prescribed by the board in 10
accordance with KRS Chapter 13A. 11
(8) In compliance with KRS 317A.070, the board may revoke or suspend any license 12
issued by it if, in the judgment of the board, the school is not following the 13
requirements as s et out in this chapter or the school does not comply with the 14
administrative regulations promulgated by the board in order to regulate the 15
conduct of the school and in order to supervise the proper education of the students. 16
Section 9. KRS 317A.130 is amended to read as follows: 17
(1) A[No] licensee shall not: 18
(a) Fail to follow sanitation standards prescribed by administrative regulations 19
promulgated by this agency or other agencies in accordance with the 20
Kentucky Revised Statutes[provide the head rest of each chair with a 21
relaundered towel or a sheet of clean paper for each person]; or 22
(b) [Fail to place around the patron's neck a strip of cotton, towel, or neck strip so 23
that the haircloth does not come in contact with the patron's skin; 24
(c) Use on one (1) patron a towel that has been used upon another patron, unless 25
the towel has been relaundered; 26
(d) Use on any patron any razor, scissors, tweezers, comb, bowl, recirculating 27
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pipes, rubber disc, or part of a vibrator or oth er similar equipment or 1
appliance that comes into contact with the head, face, hands, feet, or neck of a 2
patron, until the equipment or appliance has been sterilized in accordance with 3
methods of sterilization that are bacteriologically effective and appro ved by 4
the Cabinet for Health and Family Services; or 5
(e) ]Use on any patron a liquid nail enhancement product containing monomeric 6
methyl methacrylate, also known as dental acrylic monomer, for the purpose 7
of creating artificial nail enhancements in the practice of cosmetology and nail 8
technology. 9
(2) This chapter shall not be construed to prohibit an instructor, student, 10
cosmetologist, or nail technician from using callus graters for callus removal, 11
and the board shall not promulgate any administrative re gulation prohibiting the 12
use of callus graters for callus removal [No esthetician practicing under this 13
chapter shall perform any of the following unless practicing under the immediate 14
supervision of a licensed physician: 15
(a) Botox or collagen injections; 16
(b) Laser treatments; 17
(c) Electrolysis; 18
(d) Tattoo; 19
(e) Permanent makeup; 20
(f) Microblading; or 21
(g) Piercing]. 22
Section 10. KRS 317A.140 is amended to read as follows: 23
(1) The board may refuse to issue or renew a license or permit, or may suspend or 24
revoke a license or permit, impose probationary conditions upon, impose an 25
administrative fine, issue a written reprimand or admonishment, or take any 26
combination of these action s regarding proof of any applicant's, permitee's, or 27
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licensee's: 1
(a) Conviction of a felony, if in accordance with KRS Chapter 335B; 2
(b) Gross malpractice or incompetence; 3
(c) Mental or physical health that would endanger public health or safety; 4
(d) False or deceptive practice or misrepresentation including advertising; 5
(e) Practicing in an unlicensed salon or in a salon knowing that the salon is not in 6
compliance with this chapter or the administrative regulations of the board 7
promulgated pursuant to this chapter; 8
(f) [Immoral conduct, ] Unprofessional conduct [, or a violation of the code of 9
ethics]; 10
(g) Teaching in an unlicensed school or in a school knowing that the school is not 11
in compliance with this chapter or the administrative regulations of the boa rd 12
promulgated pursuant to this chapter; 13
(h) Failure to comply with the administrative regulations of the board. 14
(2) Payments in lieu of suspension collected by the board shall be deposited in the State 15
Treasury and credited to the general fund. 16
(3) The bo ard may require retesting of any licensee upon proper showing of gross 17
malpractice or incompetence on the part of the licensee. 18
Section 11. KRS 317A.145 is amended to read as follows: 19
(1) The board shall receive complain ts concerning any person licensed or permitted 20
under this chapter relating to the licensee's business or professional practices. The 21
board may investigate all complaints concerning any person licensed under the 22
provisions of this chapter or any person that is performing services regulated by 23
this chapter without a license or permit. The board may on its own volition initiate 24
such an investigation and shall promulgate administrative regulations necessary for 25
the administration of the provisions of this section. 26
(2) If upon investigation there appears to be a violation of the provisions of this 27
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chapter, the board shall take such action as it deems necessary under the provisions 1
of KRS 317A.140. 2
(3) For the purpose of enforcing the provisions of this chapter, o fficers, agents, and 3
inspectors of the board may enter upon premises of all facilities issued a permit or 4
license by the board, at all reasonable times and during periods when those 5
premises are otherwise open to the public, and make inspections to determi ne 6
compliance with this chapter and the administrative regulations promulgated by the 7
board, and inspect books, papers, or records pertaining to the licensed activity, a 8
copy of which may be obtained by the board officer, agent, or inspector. 9
Section 12. KRS 317A.990 is amended to read as follows: 10
(1) Any licensee or permitee [person] who violates any provision of this chapter shall 11
be fined not less than fifty dollars ($50) nor more than one thousand five hundred 12
dollars ($1,500) per violation. 13
(2) Any person who provides services regulated by this chapter without a license 14
shall be fined not less than fifty dollars ($50) nor more than one thousand five 15
hundred dollars ($1,500) per violation. 16
(3) Any person who violates any administrative regulation lawfully promulgated by the 17
board under the authority contained in this chapter shall be fined not less than 18
twenty-five dollars ($25) nor more than seven hundred fifty dollars ($750) per 19
violation[. 20
(3) Any person who violates KRS 317A.020 or 317A.155 shall be guilty of a Class B 21
misdemeanor]. 22