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AN ACT relating to beauty services. 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
All licensees shall be required to maintain with the board updated contact information, 5
addresses for current business locations, and employer contact information. This 6
information shall be supplied on the form submitted to the board as established in 7
administrative regulations promulgated by the board. 8
Section 2. KRS 317A.010 is amended to read as follows: 9
As used in this chapter, unless the context requires otherwise: 10
(1) "Beauty salon" means any establishment in which the practice of cosmetology is 11
conducted for the general public or for consideration; 12
(2) "Board" means the Kentucky Board of Cosmetology; 13
(3) [(a) "Blow drying services" means beautifying, cleaning, or arranging the hair of 14
an individual for consideration only at a limited beauty salon. 15
(b) "Blow drying services" include any of the following services performed on an 16
individual's hair: 17
1. Arranging; 18
2. Cleaning; 19
3. Curling; 20
4. Dressing; 21
5. Blow drying; and 22
6. Performing any other similar procedure. 23
(c) "Blow drying services" do not include any service: 24
1. Popularly known as a Brazilian blowout; 25
2. That includes color services or that includes cutting, lightening, or chemically 26
treating hair; or 27 UNOFFICIAL COPY 22 RS SB 113/EN
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3. That otherwise falls under the practice of cosmetology, except as authorized in 1
paragraph (b) of this subsection; 2
(4) ]"Cosmetologist" means a person who engages in the practice of cosmetology for 3
the public generally or for consideration, regardless of the name under which the 4
practice is conducted; 5
(4)[(5)] "Cosmetology" means the practice of: 6
(a) Hair styling; 7
(b) Esthetics; and 8
(c) Nail technology[upon the human neck and head of cutting hair, permanent 9
waving, or hairdressing, and may also include but is not limited to: 10
(a) Nail technology and finger waving; 11
(b) Giving facial and scalp massage or treatments with oils, creams, lotions, or 12
other preparations, either by hand or any contrivance; 13
(c) Shaping, designing, shampooing, pressing, arranging, tinting, or lightening the 14
hair, or applying hair products; 15
(d) Applying to the neck or head, cosmetics, lotions, powders, oils, clays, or other 16
products; 17
(e) Facial hair removal; and 18
(f) Eyebrow shaping, design, or removal]. 19
The practice of cosmetology does not include acts performed incident to treatment 20
of an illness or a disease; 21
(5)[(6)] "Cosmetology school" or "school of cosmetology" means any operation, place, 22
or establishment in or through which persons are trained or taught the practice of 23
cosmetology, esthetic practices, and nail technology; 24
(6)[(7)] "Esthetician" means a person who is licensed by the board to engage in 25
esthetic practices in the Commonwealth of Kentucky; 26
(7)[(8) (a)] "Esthetic practices" means one (1) or more of the following acts: 27 UNOFFICIAL COPY 22 RS SB 113/EN
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(a) Beautifying, cleansing, cosmetic preparations, exfoliating, facials, makeup, 1
removal of superfluous hair, stimulation, tinting, tweezing, or waxing; 2
(b) Eyelash tinting, artificial eyelashes, or eyelash extensions; 3
(c) Use of lotions, creams, oils, antiseptics, or depilatories; 4
(d) Massaging the skin; and 5
1. Giving facials, including consultation and skin analysis; 6
2. Giving skin care; 7
3. Removing facial hair; 8
4. Beautifying or cleaning the body with the use of cosmetic preparations, 9
antiseptics, tonics, lotions, creams; or 10
5. ]Providing preoperative and postoperative esthetic skin care, either 11
referred by or supervised by a medical professional, unless [; 12
(b) Except when ]these acts are performed incident to: 13
1. Treatment of an illness or a disease; 14
2. Work as a student in a board-approved school; or 15
3. [Work without compensation from the person receiving the service; or 16
4. ]Work performed by a licensed massage therapist; 17
(8)[(9)] "Esthetic practices school" or "school of esthetic practices" means any 18
operation, place, or establishment in or through which persons are trained in esthetic 19
practices; 20
(9)[(10)] "Esthetic salon" means a place where an esthetician performs esthetic 21
practices; 22
(10)[(11)] "Eyelash artistry" means the process of attaching semipermanent lashes or 23
eyelash extensions to natural eyelashes; 24
(11) "Hair styling" means the practice of: 25
(a) Arranging, beautifying, bleaching, cleansing, coloring, curling, cutting, 26
dressing, manipulating, permanent waving, singeing, tinting, or trimming 27 UNOFFICIAL COPY 22 RS SB 113/EN
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of natural or artificial hair; 1
(b) Use of lotions, creams, and antiseptics; and 2
(c) Massaging and stimulation of the scalp; 3
(12) "Instructor" means any individual licensed to teach cosmetology, esthetics, or 4
nail technology who holds a corresponding license in cosmetology, esthetics 5
practice, or nail technology; 6
(13) "Limited beauty salon" means any establishment in which the practice of shampoo 7
and style services, makeup artistry, eyelash artistry, or threading are[blow drying 8
services only is] conducted for the general public or for consideration; 9
(14) "Limited stylist" means an individual licensed to perform shampoo and style 10
services; 11
(15)[(13)] (a) "Makeup artistry" means applying cosmetic products to the face and 12
body. 13
(b) "Makeup artistry" includes: 14
1. Corrective and camouflage techniques; and 15
2. Airbrushing. 16
(c) "Makeup artistry" does not include: 17
1. Face painting at carnivals or fairs; or 18
2. Application of cosmetics when not done for consideration; 19
(16)[(14)] "Nail salon" means any establishment in which the practice of nail technology 20
only is conducted for the general public or for consideration; 21
(17)[(15)] "Nail technician" means a person who practices nail technology, including 22
manicuring and pedicuring real and artificial nails for the purpose of 23
beautifying, for the general public or for consideration. Manicuring and 24
pedicuring real and artificial nails for the purpose of beautifying includes: 25
(a) Cleaning; 26
(b) Trimming; 27 UNOFFICIAL COPY 22 RS SB 113/EN
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(c) Cutting; 1
(d) Shaping; 2
(e) Sculpting; 3
(f) Polishing; and 4
(g) Massaging the hands and feet[; 5
(16) "Nail technology" means the practice of cutting, trimming, polishing, coloring, 6
cleansing, applying artificial nails, or massaging, cleaning, treating, or beautifying 7
the hands and feet] of any human, for which a license is required by this chapter; 8
(18)[(17)] "Nail technology school" or "school of nail technology" means any operation, 9
place, or establishment in or through which persons are trained in nail technology; 10
(19)[(18)] (a) "Natural hair braiding" means a service of twisting, wrapping, weaving, 11
extending, locking, or braiding hair by hand or with mechanical devices. 12
Natural hair braiding is commonly known as "African-style hair braiding" but 13
is not limited to any particular cultural, ethnic, racial, or religious forms of 14
hair styles. 15
(b) "Natural hair braiding" includes: 16
1. The use of natural or synthetic hair extensions, natural or synthetic hair 17
and fibers, decorative beads, and other hair accessories; 18
2. Minor trimming of natural hair or hair extensions incidental to twisting, 19
wrapping, weaving, extending, locking, or braiding hair; 20
3. The use of topical agents such as conditioners, gels, moisturizers, oils, 21
pomades, and shampoos; and 22
4. The making of wigs from natural hair, natural fibers, synthetic fibers, 23
and hair extensions. 24
(c) "Natural hair braiding" does not include: 25
1. The application of dyes, reactive chemicals, or other preparation to alter 26
the color of the hair or to straighten, curl, or alter the structure of the 27 UNOFFICIAL COPY 22 RS SB 113/EN
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hair; or 1
2. The use of chemical hair joining agents such as synthetic tape, keratin 2
bonds, or fusion bonds. 3
(d) For the purposes of this subsection, "mechanical devices" means clips, combs, 4
curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair 5
binders;[ and] 6
(20) (a) "Shampoo and style services" means beautifying, cleaning, or arranging 7
the hair of an individual for consideration only at a limited beauty salon. 8
(b) "Shampoo and style services" includes any of the following services 9
performed on an individual's hair: 10
1. Arranging; 11
2. Cleaning; 12
3. Curling; 13
4. Dressing; 14
5. Blow drying; or 15
6. Performing any other similar procedure. 16
(c) "Shampoo and style services" does not include any service that: 17
1. Is popularly known as a Brazilian blowout; 18
2. Includes color services, cutting, lightening, or chemically treating 19
hair; or 20
3. Otherwise falls under the practice of cosmetology, except as 21
authorized in paragraph (b) of this subsection; and 22
(21)[(19)] "Threading" means the process of removing hair from below the eyebrow by 23
use of a thread woven through the hair to be removed. 24
Section 3. KRS 317A.020 is amended to read as follows: 25
(1) No person shall engage in the practice of cosmetology, esthetic practices, or nail 26
technology for other than cosmetic purposes nor shall any person engage in the 27 UNOFFICIAL COPY 22 RS SB 113/EN
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practice of cosmetology, esthetic practices, or nail technology for the treatment of 1
physical or mental ailments. This chapter does not apply to: 2
(a) Persons authorized by the law of this state to practice medicine, podiatry, 3
optometry, dentistry, chiropractic, nursing, or embalming who perform 4
incidental practices of cosmetology, esthetic practices, and nail technology in 5
the normal course of the practice of their profession; 6
(b) Commissioned medical or surgical personnel of the United States Armed 7
Forces who perform incidental practices of cosmetology, esthetic practices, or 8
nail technology in the course of their duties; 9
(c) Cosmetology, esthetic practices, or nail technology services performed at an 10
institution operated or under contract to the Department of Corrections or the 11
Department of Juvenile Justice; and 12
(d) Persons engaged in natural hair braiding. 13
(2) Except as provided in subsection (1) of this section, no person shall engage in the 14
practice of cosmetology, esthetic practices, or nail technology for the public, 15
generally, or for consideration without the appropriate license required by this 16
chapter. 17
(3) No person unless duly and properly licensed pursuant to this chapter shall: 18
(a) Teach cosmetology, esthetic practices, or nail technology; 19
(b) Operate a beauty salon; 20
(c) Operate an esthetic salon; 21
(d) Act as an esthetician; 22
(e) Operate a nail salon; 23
(f) Act as a nail technician; or 24
(g) Conduct or operate a school for cosmetologists, estheticians, or nail 25
technicians. 26
(4) No person shall aid or abet any person in violating this section, nor shall any person 27 UNOFFICIAL COPY 22 RS SB 113/EN
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engage or employ for consideration any person to perform any practice licensed by 1
this chapter unless the person to perform the practice holds and displays the 2
appropriate license. 3
(5) No licensed cosmetology or esthetic practices instructors, licensed cosmetologists, 4
licensed estheticians, or licensed nail technicians shall hold clinics for teaching or 5
demonstrating for personal profit, either monetary or otherwise, if the clinics are not 6
sponsored by a recognized professional cosmetologist's, esthetician's, or nail 7
technician's group. 8
(6) Whenever a person engages in different practices separately licensed, certified, or 9
permitted by this chapter, that person shall procure a separate license, certificate, or 10
permit for each of the practices in which the person engages. 11
(7) The board may: 12
(a) Bring and maintain actions in its own name to enjoin any person in violation 13
of any provision of this chapter. These actions shall be brought in the Circuit 14
Court of the county where the violation is alleged to have occurred; 15
(b) Issue an emergency order in accordance with KRS 13B.125 against any 16
facility licensed by the board. The emergency order shall be based upon 17
probable cause by the board that the emergency order is in the public 18
interest and that there is substantial evidence of immediate danger to the 19
health, welfare, and safety of any customer, patient, or the general public; 20
and 21
(c) Institute civil and criminal proceedings against violators of this chapter. 22
The Attorney General, Commonwealth's attorneys, and county attorneys 23
shall assist the board in prosecuting violations of this chapter. 24
(8) The board shall: 25
(a) Govern all issues related to this chapter; 26
(b) Investigate alleged violations brought to its attention, conduct 27 UNOFFICIAL COPY 22 RS SB 113/EN
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investigations, and schedule and conduct administrative hearings in 1
accordance with KRS Chapter 13B to enforce the provisions of this chapter 2
and administrative regulations promulgated pursuant to this chapter; 3
(c) Administer oaths, receive evidence, interview persons, and require the 4
production of books, papers, documents, or other evidence; and 5
(d) Have the authority to take emergency action affecting the legal rights, 6
duties, privileges, or immunities of named persons without a hearing to 7
stop, prevent, or avoid an immediate danger to the public health, safety, or 8
welfare, in accordance with KRS 13B.125. 9
Section 4. KRS 317A.030 is amended to read as follows: 10
(1) There is created an independent agency of the state government to be known as the 11
Kentucky Board of Cosmetology, which shall have complete supervision over the 12
administration of the provisions of this chapter relating to cosmetology, 13
cosmetologists, schools of cosmetology, or esthetic practices or nail technology, 14
students, estheticians, nail technicians, instructors of cosmetology, instructors of 15
esthetic practices, or instructors of nail technology, cosmetology salons, esthetic 16
salons, and nail salons. 17
(2) The board shall be composed of five (5) members appointed by the Governor as 18
follows: 19
(a) Four (4) of the members shall have been cosmetologists five (5) years prior to 20
their appointment and shall reside in Kentucky: 21
1. Two (2) of whom shall be cosmetology salon owners; 22
2. One (1) of whom shall be a cosmetology teacher in public education and 23
shall not own any interest in a cosmetology salon; and 24
3. One (1) of whom shall be an owner of or one who shall have a financial 25
interest in a licensed cosmetology school and shall be a member of a 26
nationally recognized association of cosmetologists; 27 UNOFFICIAL COPY 22 RS SB 113/EN
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(b) 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
(c) None of whom nor the executive director[administrator] shall be financially 3
interested in, or have any financial connection with, wholesale cosmetic 4
supply or equipment 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) Three (3) 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 traveling 14
expenses and necessary expenses incurred in the performance of duties pertaining to 15
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.040 is amended to read as follows: 19
(1) The board may employ inspectors and any other personnel reasonably necessary to 20
carry out the provisions of this chapter, whose compensations shall be established 21
within budgetary limits by the Personnel Cabinet. The board may delegate staffing 22
decisions to the executive director[administrator]. 23
(2) The board shall by appropriate order employ an executive director[administrator] 24
who shall be charged with the responsibility of administering the provisions of this 25
chapter, and the policies and administrative regulations of the board relating to 26
cosmetology and esthetic practices. 27 UNOFFICIAL COPY 22 RS SB 113/EN
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(3) No person shall be employed as an executive director[administrator] unless the 1
person is a licensed cosmetologist. 2
(4) The executive director[administrator] may receive a salary as may be established by 3
classification of the position by the Personnel Cabinet. 4
(5) The board shall publish or electronically provide copies of its administrative 5
regulations and any proposed amendments to all persons licensed by it and to any 6
other persons, places, or agencies as may be required by law or deemed by it 7
reasonably necessary to the administration of the provisions of this chapter. 8
Section 6. KRS 317A.050 is amended to read as follows: 9
(1) All applicants for licensure under this chapter shall meet the following minimum 10
requirements: 11
(a) Be of good moral character and temperate habit; 12
(b) Be at least eighteen (18) years of age; 13
(c) Have a high school diploma, a High School Equivalency Diploma, or results 14
from the Test for Adult Basic Education indicating a score equivalent to the 15
twelfth grade of high school; and 16
(d) Have submitted the completed application along with the required license fee 17
as set forth in administrative regulation. 18
(2) Notwithstanding any provision to the contrary, the board may refuse to grant a 19
license to any applicant who fails to comply with the provisions of this chapter or 20
any administrative regulations promulgated by the board. 21
(3) The board shall issue a cosmetologist license to any person who: 22
(a) Has official certification from the state board or agency that certifies 23
cosmetology schools that the applicant has graduated from a licensed school 24
of cosmetology requiring one thousand five hundred (1,500) hours within five 25
(5) years of enrolling within the school; and 26
(b) Has satisfactorily passed an examination prescribed by the board to determine 27 UNOFFICIAL COPY 22 RS SB 113/EN
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fitness to practice cosmetology. 1
(4) The board shall issue an esthetician license to any person who: 2
(a) Has satisfactorily completed seven hundred fifty (750) hours of instruction in 3
a licensed school approved by the board; and 4
(b) Has received a satisfactory grade on an examination prescribed by the board to 5
determine fitness to practice as an esthetician. 6
(5) The board shall issue a license to act as a nail technician to any person who: 7
(a) Has official certification from the state board or agency that certifies 8
cosmetology schools that the applicant has completed satisfactorily a nail 9
technician course of study of four hundred fifty (450) hours in a licensed 10
school of cosmetology within five (5) years of submitting an application for 11
licensure; and 12
(b) Has satisfactorily passed an examination prescribed by the board to determine 13
fitness to practice as a nail technician. 14
(6) The board shall issue a license to operate a salon as follows: 15
(a) The board shall issue a license to operate a beauty salon to any licensed 16
cosmetologist. An owner who is not a licensed cosmetologist shall have a 17
licensed cosmetologist as manager of the beauty salon at all times. If the 18
owner, manager, or location of a beauty salon changes, the required form and 19
fee shall be submitted to the board. 20
(b) The board shall issue a license to operate an esthetic salon to any licensed 21
esthetician. An owner who is not a licensed esthetician shall have a licensed 22
esthetician or cosmetologist as manager of the esthetic salon at all times. If the 23
owner, manager, or location of an esthetic salon changes, the required form 24
and fee shall be submitted to the board. 25
(c) The board shall issue a license to operate a nail salon to any licensed nail 26
technician. An owner who is not a licensed nail technician shall have a 27 UNOFFICIAL COPY 22 RS SB 113/EN
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licensed nail technician or cosmetologist as manager of the nail salon at all 1
times. If the owner, manager, or location of a nail salon changes, the required 2
form and fee shall be submitted to the board. 3
(7) The board shall issue an instructor training certificate[apprentice license] to train 4
to be an instructor in[teach] cosmetology, esthetic practices, or nail technology to 5
any person who: 6
(a) Has held a current cosmetologist, esthetician, or nail technician license for at 7
least one (1) year; and 8
(b) Has submitted an application that has been signed by the owners of the school 9
in which the applicant will study. The course of instruction shall be for a 10
period of seven hundred fifty (750) hours and not less than four and one-half 11
(4.5) months at one (1) school providing this instruction. The school owner 12
shall verify to the board the completion of seven hundred fifty (750) hours. 13
For out-of-state verification, an applicant shall provide official certification 14
from the board or agency that certifies schools in that other state of licensure 15
verifying the applicant has completed a course of instruction consisting of at 16
least seven hundred fifty (750) hours and not less than four and one-half (4.5) 17
months at one (1) school providing the instruction. 18
(8) The board shall issue a license to teach cosmetology to any person who: 19
(a) Has held a current cosmetologist license and an instructor training 20
certificate[apprentice instructor license] for at least four and one-half (4.5) 21
months; and 22
(b) Has satisfactorily passed the examination for the teaching of cosmetology as 23
prescribed by the board. 24
(9) The board shall issue a license to teach esthetic practices to any person who: 25
(a) Has held a current esthetician license and an instructor training 26
certificate[apprentice instructor license] for at least four and one-half (4.5) 27 UNOFFICIAL COPY 22 RS SB 113/EN
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months; 1
(b) Has completed fifty (50) hours in esthetics training within the last two (2) 2
years; and 3
(c) Has satisfactorily passed the examination for the teaching of esthetic practices 4
as prescribed by the board. 5
(10) The board shall issue a license to teach nail technology to any person who: 6
(a) Has held a current nail technician license and an instructor training 7
certificate[apprentice instructor license] for at least four and one-half (4.5) 8
months; 9
(b) Has completed fifty (50) hours in nail technology training within the last two 10
(2) years; and 11
(c) Has satisfactorily passed the examination for the teaching of nail technology 12
as prescribed by the board. 13
(11) (a) If the requirements of KRS 317A.090 have been satisfied, the board shall 14
issue a license to operate a school of cosmetology or a school of esthetic 15
practices or a school of nail technology to any person who [: 16
(a) ]has as manager at all times a person who is: 17
1. Licensed as an instructor; 18
2. Charged with the responsibility of ensuring that all applicable statutes 19
and administrative regulations are complied with; and 20
3. Responsible for having a sufficient number of licensed instructors of 21
cosmetology or esthetic practices or nail technology to conduct the 22
school.[;] 23
(b)[ Has been a resident of Kentucky for five (5) years, if the applicant is an 24
individual. If the applicant is a firm or corporation, it shall be a Kentucky 25
corporation or licensed or qualified to do business in Kentucky and shall have 26
been in existence for a period of at least five (5) years; 27 UNOFFICIAL COPY 22 RS SB 113/EN
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(c)] Any student enrolling in the school shall pay the fee set forth in administrative 1
regulation to the board before enrollment in the school shall be allowed.[; and] 2
(c)[(d)] The transfer of any license to operate a school of cosmetology or esthetic 3
practices or nail technology shall require the board's approval and shall 4
become effective upon submitting the required form and fee to the board. 5
(12) (a) The board shall issue a license to provide shampoo and style[blow drying] 6
services to any person who: 7
1.[ Is at least eighteen (18) years old; 8
2. Has successfully completed a twelfth grade education or the equivalent; 9
3.] Has passed an examination prescribed by the board to determine fitness 10
to perform shampoo and style[blow drying] services; 11
2.[4.] Has completed at least three hundred (300)[four hundred fifty (450)] 12
hours of instruction from a licensed school of cosmetology; and 13
3.[5.] Has met any other reasonable criteria established in administrative 14
regulations promulgated by the board. 15
(b) The board shall issue a license to operate a limited beauty salon to any person: 16
1. Who is licensed to provide shampoo and style[blow drying] services or 17
who employs at least one (1) person licensed to provide shampoo and 18
style[blow drying] services at the limited beauty salon; and 19
2. Whose limited beauty salon facility complies with standards established 20
in administrative regulations promulgated by the board. 21
(13) Licenses established under this chapter shall be valid for a period of time to be 22
established by the board through the promulgation of administrative regulations. 23
(14) Licenses and permits issued by the board may be renewed beginning July 1 through 24
July 31 of each year. 25
(a) Any license shall automatically be renewed by the board: 26
1. Upon submission and receipt of the application for renewal and the 27 UNOFFICIAL COPY 22 RS SB 113/EN
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required annual license fee; and 1
2. If the application for renewal is otherwise in compliance with the 2
provisions of this chapter and the administrative regulations of the 3
board. 4
(b) Any license application postmarked after July 31 shall be considered expired, 5
and the appropriate restoration fee as required by administrative regulation of 6
the board shall apply. 7
(15) The requirements for a new license for any person whose license has expired for a 8
period exceeding five (5) years shall be as follows: 9
(a) Cosmetologists shall retake and pass both the practical and theory 10
examination[ only]; 11
(b) Estheticians shall retake and pass both the practical and theory examination; 12
(c) Instructors of cosmetology or esthetic practices shall retake and pass both the 13
practical and theory examination; 14
(d) Nail technicians shall retake and pass the practical and theory examination; 15
(e) Providers of shampoo and style[blow drying] services shall retake and pass 16
both the practical and theory examination; and 17
(f) The appropriate restoration fee as set forth in administrative regulation of the 18
board shall be required. 19
(16) Guest artists or demonstrators appearing and demonstrating before persons other 20
than licensed cosmetologists, estheticians, nail technicians, and providers of 21
shampoo and style[blow drying] services shall apply for a permit that shall be in 22
effect for ten (10) days. Guest artists performing before a nonprofit, recognized 23
professional cosmetologists', estheticians', or cosmetology school or shampoo and 24
style[blow drying] services' or nail technicians' group shall apply for a permit, but 25
shall not be required to pay the fee. 26
(17) The board shall issue a permit for threading and may promulgate administrative 27 UNOFFICIAL COPY 22 RS SB 113/EN
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regulations that set out requirements for the practice of threading. Threading shall 1
be conducted in a licensed beauty salon or a facility with a permit to engage in 2
threading, and the board may promulgate administrative regulations for facilities 3
and the required sanitation standards. The permit shall be valid for a period of one 4
(1) year. 5
(18) The board shall issue a permit for eyelash artistry and may promulgate 6
administrative regulations that set out the requirements for the practice of eyelash 7
artistry. Eyelash artistry shall be conducted in a licensed beauty salon or a facility 8
with a permit to engage in eyelash artistry, and the board may promulgate 9
administrative regulations for facilities, education, and the required sanitation 10
standards. The permit shall be valid for a period of one (1) year. 11
(19) The board shall issue a permit for makeup artistry and may promulgate 12
administrative regulations that set out requirements for the practice of makeup 13
artistry and required sanitation standards. The permit shall be valid for a period of 14
one (1) year. 15
(20) (a) The board may issue a permit for temporary event services to a Kentucky-16
licensed cosmetologist, esthetician, limited stylist, or nail technician and 17
shall promulgate administrative regulations that set out requirements for 18
issuance of a temporary event services permit including: 19
1. Sanitation standards; 20
2. Criteria for events that qualify; 21
3. Application requirements and fees; and 22
4. Any other requirements necessary to protect the public health and 23
safety. 24
(b) The temporary event services permit shall be valid only for the specific dates 25
and locations requested. 26
(c) No person other than a Kentucky-licensed cosmetologist, esthetician, 27 UNOFFICIAL COPY 22 RS SB 113/EN
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limited stylist, or nail technician shall perform services at a temporary event 1
services location, and no licensee shall perform services other than those 2
authorized by his or her respective license pursuant to Section 3 of this Act. 3
(d) The Kentucky-licensed cosmetologist, esthetician, limited stylist, or nail 4
technician holding a temporary event services permit shall be liable for any 5
violation of KRS Chapter 317A or administrative regulations promulgated 6
under KRS Chapter 317A that occurs at the temporary event services 7
location. 8
Section 7. KRS 317A.060 is amended to read as follows: 9
(1) The board shall promulgate administrative regulations including but not limited to 10
administrative regulations that: 11
(a) Protect the health and safety of the public; 12
(b) Protect the public against incompetent or unethical practice, 13
misrepresentation, deceit, or fraud in the practice or teaching of beauty 14
culture; 15
(c) Set standards for the operation of the schools and salons; 16
(d) Protect the students under this chapter; 17
(e) Set standards for the location and housing of beauty salons or cosmetology 18
schools in the state. This subsection does not apply to the instructional 19
programs in cosmetology in the state area vocational and technical schools; 20
(f) Set standards for the quantity and quality of equipment, supplies, materials, 21
records, and furnishings required in beauty salons, esthetic salons, nail salons, 22
and cosmetology, esthetic practices, and nail technology schools; 23
(g) Establish the qualifications of instructors of cosmetology, instructors of 24
esthetic practices, instructors of nail technology, and apprentice teachers; 25
(h) Establish requirements for the hours and courses of instruction at cosmetology 26
schools and esthetic practices schools and nail technology schools; 27 UNOFFICIAL COPY 22 RS SB 113/EN
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(i) Establish requirements for the examinations of applicants for licenses; 1
(j) Establish the requirements for the proper education and training of students; 2
(k) Address the course and conduct of school owners, instructors, instructor 3
training certificate holders[apprentice instructors], licensed cosmetologists, 4
estheticians, nail technicians, beauty salons, esthetic salons, nail salons, 5
cosmetology schools, schools of esthetic practices, and schools of nail 6
technology; and 7
(l) Establish a code of ethics for persons licensed by the board. 8
(2) Administrative regulations pertaining to health and sanitation shall be approved by 9
the Cabinet for Health and Family Services before becoming effective. 10
Section 8. KRS 317A.090 is amended to read as follows: 11
No license shall be issued or renewed by the board to any cosmetology school or school 12
of esthetic practices or school of nail technology unless such school provides: 13
(1) The name of the proposed school; 14
(2) A statement that the proposed school is authorized to operate educational programs 15
beyond secondary education; 16
(3) As a prerequisite of graduation, a prescribed course of instruction of not less than 17
one thousand five hundred (1,500) hours for a cosmetology school or seven hundred 18
fifty (750) hours for a school of esthetic practices, or four hundred fifty (450) hours 19
for a school of nail technology[, to be given within an uninterrupted period with not 20
more than eight (8) hours nor less than four (4) hours of instruction a day, exclusive 21
of Sundays; except that in the state area vocational schools, the required hours of 22
instruction may be offered according to the schedule for other vocational classes in 23
the school]; 24
(4) Courses of instruction in histology of the hair, skin, nails, muscles, and nerves of 25
the face and neck; elementary chemistry with emphasis on sterilization, diseases of 26
the skin, hair, and glands, and massaging and manipulating of the muscles of the 27 UNOFFICIAL COPY 22 RS SB 113/EN
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upper body; cutting, shaving, arranging, dressing, chemical treatment of the hair and 1
such other courses as may be prescribed by administrative regulation of the board; 2
(5) Facilities, equipment, materials, and qualified instructors and instructor 3
training[apprentice instructors] as may be required by administrative regulations of 4
the board adopted pursuant to this chapter, but no cosmetology school or school of 5
esthetic practices or school of nail technology shall have fewer than one (1) licensed 6
instructor per twenty (20) students present for instruction; 7
(6) No cosmetology school or school of esthetic practices or school of nail technology, 8
after being licensed for the first time, shall serve the public until one hundred fifty 9
(150) hours of instruction has been taught; and 10
(7) In compliance with KRS 317A.070, the board may revoke or suspend any license 11
issued by it if, in the judgment of the board, the school is not following the 12
requirements as set out in this chapter or the school does not comply with the 13
administrative regulations promulgated by the board in order to regulate the conduct 14
of the school and in order to supervise the proper education of the students. 15
Section 9. KRS 317A.155 is amended to read as follows: 16
(1) As used in this section, "funeral establishment" means funeral establishment as 17
defined in KRS 316.010. 18
(2) Every person practicing as a cosmetologist, esthetician, limited stylist, or nail 19
technician[, with the exception of a nail technician or cosmetologist exclusively 20
practicing manicuring in a licensed barber shop,] shall practice in an establishment 21
licensed by the board. 22
(3) Notwithstanding subsection (2) of this section, persons holding an active license 23
from the board as a cosmetologist, esthetician, limited stylist, or nail technician and 24
who practice in salons licensed by the board shall be permitted to render services 25
outside of an establishment licensed by the board for pay, free, or otherwise, to: 26
(a) A person suffering from a terminal illness and who is receiving the services of 27 UNOFFICIAL COPY 22 RS SB 113/EN
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a hospice program either at home or at a hospice inpatient unit;[ or] 1
(b) A person who is deceased and in the care of a funeral establishment; or 2
(c) A person suffering from a medical condition, as attested by a physician in 3
writing, which limits physical mobility to such an extent that it would 4
impose an undue burden on that person to attempt to travel to an 5
establishment licensed by the board. 6
(4) Cosmetologists, estheticians, limited stylists, and nail technicians who render 7
services authorized in subsection (3) of this section shall have the permission of the 8
owner or administrator of the establishment where the services are rendered and the 9
permission of the person, or their legal representative, upon whom services will 10
be rendered. 11
Section 10. KRS 317A.990 is amended to read as follows: 12
(1) Any person who violates any provision of this chapter shall be fined not less than 13
fifty dollars ($50) nor more than one thousand five hundred dollars ($1,500) per 14
violation. 15
(2) Any person who violates any administrative regulation lawfully promulgated by the 16
board under the authority contained in this chapter shall be fined not less than 17
twenty-five dollars ($25) nor more than seven hundred fifty dollars ($750) per 18
violation. 19
(3) Any person who violates Sections 3 or 9 of this Act shall be guilty of a Class B 20
misdemeanor. 21