AN ACT relating to barber apprenticeships.

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AN ACT relating to barber apprenticeships. 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 other 13
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 run 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 which 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) "Direct supervision" means the actual physical presence of a barber licensed or 25
certified pursuant to this chapter on the premises where a supervisee is rendering 26
services, who: 27
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(a) Is readily and quickly available to the supervisee; and 1
(b) Inspects the supervisee's work at least once while services are being 2
rendered; 3
(8) "Endorsement" means the process of granting a license under this chapter to an 4
applicant licensed in another state; 5
(9)[(8)] "Independent contract owner" means any barber or apprentice barber licensed 6
under this chapter who leases or rents space in a barber shop; 7
(10)[(9)] "Lapse fees" means the annual renewal license fee which would have been 8
paid for the period during which a license has lapsed;[ and] 9
(11)[(10)] "Mobile barber shop" means a self -contained unit in which the practice of 10
barbering is conducted and which may be moved, towed, or transported from one 11
(1) location to another; and 12
(12) "Shop training program" means an apprenticeship program in which a barber 13
licensed under this chapter supervises a program participant who is not licensed 14
under this chapter, but is permitted to engage in barbering while under the direct 15
supervision of the licensed barber. 16
SECTION 2. A NEW SECTION OF KRS CHAPTER 317 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) The board shall create a shop training prog ram and allow barber shops to 19
register to participate in the program. 20
(2) (a) A barber shop that registers with the board may employ persons who are not 21
licensed under this chapter to provide barbering services under the direct 22
supervision of a licensee who regularly provides those services. 23
(b) A person providing services without a license shall first complete two (2) 24
hours of education related to barbering, cosmetology, and sanitation laws 25
and regulations in this state, as determined by the board through the 26
promulgation of an administrative regulation, before offering services 27
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permitted under the program. 1
(c) Prior to beginning participation in the shop training program, a person 2
providing services without a license shall also pass an examination on 3
sanitation requirements as determined by the board. 4
(d) The barber shop owner is responsible for ensuring the education, training, 5
skills, and competence of persons who provide services in the owner’s shop. 6
(3) A barber shop participating in the shop training p rogram shall comply with all 7
facility and minimum equipment requirements, safety and infection control 8
provisions, inspection requirements, management requirements, and barber shop 9
licensing renewal requirements. 10
(4) (a) The barber shop shall disclose in w riting prior to the consumer’s receipt of 11
services from an unlicensed person that the establishment is participating in 12
the program and that the person providing the service is not licensed as a 13
barber. 14
(b) The disclosure shall be clearly legible and state : "This licensed 15
establishment is registered to participate in a barber shop training program. 16
This establishment employs unlicensed providers who work under the direct 17
supervision of licensed providers. The services you are receiving are from 18
an unlicensed provider participating in this program." 19
(5) In addition to any other remedy provided by law, in an action based on an injury 20
alleged to have occurred in a barber shop participating in the shop training 21
program, a prevailing party may recover reasonable attorney's fees and receive 22
other equitable relief as determined by the court. 23
(6) (a) In addition to any other disciplinary powers established pursuant to this 24
chapter, the board may, when it has probable cause to believe that human 25
health is endangered, order a barber shop participating in the shop training 26
program to immediately cease participation in the program. 27
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(b) The board shall conduct for mal proceedings pursuant to this chapter to 1
determine whether the problem has been corrected, or whether to suspend, 2
revoke, or reinstate the shop's license. 3
(7) Upon participation in a duly registered shop training program for no fewer than 4
nine (9) months, the program participant shall be eligible to apply for a license. 5
(8) If a barber shop registered under the shop training program supervises three (3) 6
or more participants who fail the barber license examination within a one (1) 7
year period, the shop sh all cease participating in the shop training program, and 8
the board shall conduct formal proceedings pursuant to this chapter to determine 9
whether to suspend, revoke, or reinstate the shop's eligibility for the shop training 10
program. 11
Section 3. KRS 317.420 is amended to read as follows: 12
(1) No person shall engage in the practice of "barbering" for other than cosmetic 13
purposes nor shall any person engage in barbering for the treatment of physical or 14
mental ailments, except that the provisions of this chapter shall not apply to: 15
(a) Persons authorized by the law of this state to practice medicine, chiropody, 16
optometry, dentistry, chiropractic, nursing, or embalming when incidental 17
practices of barbering are performed by them in the normal course of the 18
practice of their profession; 19
(b) Commissioned medical or surgical personnel of the United States Armed 20
Forces performing incidental practices of barbering in the course of their 21
duties;[ or] 22
(c) Barbering services performed at an institution operated by or under contract to 23
the Department of Corrections or the Department of Juvenile Justice; or 24
(d) Persons participating in a shop training program under the direct 25
supervision of a duly and properly licensed barber in compliance with the 26
requirements for a shop training program in Section 2 of this Act. 27
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(2) Except as provided in subsection (1) of this section, no person shall engage in the 1
practice of barbering for the public generally or for consideration without the 2
appropriate license required by this chapter. 3
(3) No person, unless duly and properly licensed pursuant to this chapter, shall: 4
(a) Teach barbering; 5
(b) Operate a barber shop or mobile barber shop; 6
(c) Conduct or operate a school for barbers; 7
(d) Lease or rent booth space as an independent contract owner; or 8
(e) Operate a mobile barber shop without first notifying the board of its location 9
or change in its location. 10
(4) No person shall aid or abet any person in violating the provisions of this section, 11
nor shall any pe rson engage or employ for consideration any person for the 12
performance of any practice licensed by this chapter unless the person to perform 13
such practice holds and displays the appropriate license therefor. 14
(5) Except as provided in this chapter, no person or business shall: 15
(a) Advertise barbering services, unless the person or business and the personnel 16
it employs are licensed under this chapter; 17
(b) Advertise as a barber shop or mobile barber shop, unless all persons in the 18
shop practicing barbering services are licensed under this chapter. Any barber 19
practicing in a shop licensed as both a barber shop and a salon licensed under 20
KRS Chapter 317A may display an image, that is at least four (4) inches high, 21
of a barber pole at his or her station; or 22
(c) Use or display a barber pole for the purpose of advertising barbering services 23
to the public unless it: 24
1. Has a barber shop license; and 25
2. Employs a barber licensed under this chapter. 26
(6) A person holding an active barber license from the board and who pr actices in a 27
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shop licensed by the board may render services for pay or otherwise to: 1
(a) A person suffering from a terminal illness who is receiving the services of a 2
hospice program either at home or at a hospice inpatient unit; or 3
(b) A person who is deceased and in the care of a funeral establishment. 4
Section 4. KRS 317.450 is amended to read as follows: 5
(1) (a) The board shall issue an apprentice license to practice barbering to any person 6
who: 7
1. Is at least seventeen and one-half (17-1/2) years of age; 8
2. Is of good moral character and temperate habit; 9
3. Possesses a high school diploma, a High School Equivalency Diploma, 10
or a transcript from an issuing institution that is recognized by the 11
educational authority in the state from which the diploma, certificate, or 12
transcript is issued; 13
4. Has graduated from a licensed school of barbering or has participated 14
in a shop training program for not less than one thousand two 15
hundred (1,200) hours; 16
5. Has s atisfactorily passed the apprentice examination prescribed by the 17
barber board, which shall include a practical assessment of the 18
applicant's skills, including but not limited to a taper haircut, shampoo, 19
straight razor facial shave, facial, and a chemical application; and 20
6. Has paid a fee as established in administrative regulations promulgated 21
by the board in accordance with KRS Chapter 13A. 22
(b) [A barber shall serve an apprentice period of at least six (6) months but not 23
more than nine (9) months of continuous service from the effective date of the 24
license issued pursuant to paragraph (a) of this subsection. 25
(c) In addition to the grounds for disciplinary action specified in KRS 317.590, 26
the board may, during the apprentice period, require a licensee to retake any 27
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part or all of the written or practical examination, or both. 1
(d) ]Following at least nine (9) months of participation in a shop training 2
program[At the end of the apprentice period] , the board shall issue a license 3
to practice barbering to an apprentice licensee who has: 4
1. Satisfactorily passed the barber examination prescribed by the board by 5
administrative regulations promulgated in accordance with KRS Chapter 6
13A; and 7
2. Complied with all other requirements of this subsection. 8
(c)[(e)] The b oard may issue a barber license by endorsement to a resident of 9
another state, district, or territory within the United States of America upon 10
payment of a fee as established in administrative regulations promulgated by 11
the board in accordance with KRS Cha pter 13A, and upon submission of 12
satisfactory evidence that the requirements for licensure in the other state are 13
substantially equivalent to the requirements of this state at the time of 14
application. In the absence of the required equivalency, an applican t from 15
another state, district, or territory within the United States of America, shall 16
show proof of three (3) years or more experience immediately before making 17
application and be currently licensed and in good standing with the state, 18
district, or territory in which he or she is licensed. The board may also require 19
an applicant under this section to pass a written and practical examination to 20
establish equivalency. 21
(2) The board shall: 22
(a) Issue a license to operate a barber shop or mobile barber shop to any barber 23
licensed under the provisions of this chapter upon application and payment of 24
a fee as established in administrative regulations promulgated by the board in 25
accordance with KRS Chapter 13A; 26
(b) Refuse to issue the license upon a failure of the licensed barber to comply 27
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with the provisions of this chapter or the administrative regulations 1
promulgated by the board; 2
(c) Allow the licensed owner of a barber shop or mobile barber shop, which is 3
licensed under this chapter, to rent or lease space in h is or her barber shop to 4
an independent contract owner; and 5
(d) Allow an unlicensed owner of a barber shop to rent or lease space in his or her 6
barber shop to an independent contract owner, only if the shop owner has a 7
licensed barber as a manager of the s hop at all times. If the owner, manager, 8
or location of a barber shop changes, the required form and fee shall be 9
submitted to the board. 10
(3) The board shall issue a license to operate a school of barbering to any person, firm, 11
or corporation who or which: 12
(a) Applies for a license upon forms furnished by the board; 13
(b) Has the equipment and facilities that may be required by administrative 14
regulations promulgated by the board; 15
(c) Has furnished adequate evidence to the board that: 16
1. There is an intent to establish a bona fide school for the education and 17
training of competent barbers; and 18
2. A sufficient number of teachers licensed by the board will be employed 19
to conduct the school, including at least one (1) teacher with a minimum 20
of twelve (12) months' experience teaching in a barber school that 21
includes administrative experience; and 22
(d) Pays a fee as established in administrative regulations promulgated by the 23
board in accordance with KRS Chapter 13A. 24
(4) The board shall issue a s tudent permit to any person enrolled in a licensed barber 25
school upon payment of a fee as established in administrative regulations 26
promulgated by the board in accordance with KRS Chapter 13A. 27
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(5) The board shall issue a license to teach barbering to any person who: 1
(a) Is of good moral character and temperate habit; 2
(b) Possesses a high school diploma or a High School Equivalency Diploma; 3
(c) Has been a Kentucky -licensed and practicing barber for at least eighteen (18) 4
months; 5
(d) Has satisfactorily passed the examination prescribed by the board by 6
promulgation of administrative regulations; and 7
(e) Has paid a fee as established in administrative regulations promulgated by the 8
board in accordance with KRS Chapter 13A. 9
(6) The board shall issue a license to any barber who holds an independent contract 10
owner's license who: 11
(a) Is of good moral character and temperate habit; 12
(b) Possesses a high school diploma or a High School Equivalency Diploma; 13
(c) Is a licensed and practicing barber under this chapter; and 14
(d) Has paid a fee as established in administrative regulations promulgated by the 15
board in accordance with KRS Chapter 13A. 16
(7) The board shall issue a demonstration charity event permit to any licensed barber 17
who pays a fee as established in administrati ve regulations promulgated by the 18
board in accordance with KRS Chapter 13A. 19
(8) Applications for examination required in this section shall be accompanied by an 20
examination fee as established in administrative regulations promulgated by the 21
board in accordance with KRS Chapter 13A. 22
(9) (a) On and after July 1, 2016, a license issued pursuant to this section shall expire 23
on the first day of July next following the date of its issuance. A license shall 24
be renewed on June 1 through July 1 of each year. 25
(b) Any license shall automatically be renewed by the board: 26
1. Upon receipt of the application for renewal or duplicate renewal 27
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application form and the required annual renewal license fee submitted 1
either in person or via written or electronic means; and 2
2. If the applicant for renewal is otherwise in compliance with the 3
provisions of this chapter and the administrative regulations of the 4
board. 5
(10) The annual renewal license fee for each type of license renewal shall be as 6
established in administrative regulat ions promulgated by the board in accordance 7
with KRS Chapter 13A. 8
(11) (a) The fee per year for the renewal of an expired license, if the period of 9
expiration does not exceed five (5) years, shall be as established by 10
administrative regulations promulgated by the board in accordance with KRS 11
Chapter 13A. 12
(b) An applicant who fails to renew a license within five (5) years of its 13
expiration shall comply with the requirements for relicensure established by 14
the board through promulgation of administrative regul ations in accordance 15
with KRS Chapter 13A. 16