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AN ACT relating to the Kentucky Board of Cosmetology. 1
WHEREAS, the Kentucky Board of Cosmetology has exceeded its authority in its 2
treatment of its licensees, particularly in its approach to licensed nail technicians; and 3
WHEREAS, the board has completely shut down licensees' businesses in an 4
arbitrary and capricious manner, leaving the affected business owners without a means of 5
income and with no immediate recourse; and 6
WHEREAS, the board has failed to properly implement or enforce employment 7
standards for the employees of the board, which has resulted in unnecessary threats of the 8
use of deadly force in the presence of nail salon customers; and 9
WHEREAS, the board's actions have caused undue hardship for a significant 10
number of its licensees, many of whom have legally emigrated from their home countries 11
to the Commonwealth to have their chance at the American dream; and 12
WHEREAS, the board has clearly demonstrated that it is no longer a useful and 13
trustworthy occupational licensing authority, and that it is now causing more harm than 14
good for the Commonwealth; and 15
WHEREAS, the General Assembly finds that the Kentucky Board of Cosmetology 16
should be abolished; 17
NOW, THEREFORE, 18
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 19
Section 1. KRS 48.315 is amended to read as follows: 20
(1) The General Assembly may provide in a budget bill for the transfer to the general 21
fund for the purpose of the general fund all or part of the agency funds, special 22
funds, or other funds established under the provisions of KRS 15.430; 21.347; 23
21.540; 21.560; 42.500; 47.010; 48.010(15)(g); 56.100; 61.470; 64.345; 64.350; 24
64.355; 95A.220; 136.392; 138.510; 161.420; 161.430; 164A.020; 164A.110; 25
164A.800; 164A.810; 216A.110; 230.218; 230.400; 230.770; 248.540; 248.550; 26
278.130; 278.150; 286.1-485; 304.35-030; 311.450; 311.610; 312.019; 313.022; 27 UNOFFICIAL COPY 24 RS BR 997
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314.161; 315.195; 316.210; 317.530;[ 317A.080;] 319.131; 320.360; 321.320; 1
322.290; 322.330; 322.420; 323.080; 323.190; 323.210; 323A.060; 323A.190; 2
323A.210; 324.286; 324.410; 325.250; 326.120; 327.080; 330.050; 334.160; 3
334A.120; 335.140; 342.122; 342.480, etc. 4
(2) The transfer of moneys from the agency funds, special funds, or other funds to the 5
general fund provided for in subsection (1) of this section shall be for the period of 6
time specified in the budget bill. 7
(3) Any provisions of any statute in conflict with the provisions of subsections (1) and 8
(2) of this section are hereby suspended or modified. Any suspension or 9
modification shall not extend beyond the duration of the budget bill. 10
Section 2. KRS 164.945 is amended to read as follows: 11
As used in KRS 164.945 to 164.947, unless the context otherwise requires: 12
(1) (a) "College" means any educational facility or institution maintained or 13
conducted by any person, association, partnership, corporation, or trust and 14
operating as an institute, junior college, college, university, or entity of 15
whatever kind which awards a degree, diploma, or other statement of 16
recognition purporting to indicate a level of collegiate attainment beyond 17
secondary school graduation. This definition includes private colleges located 18
in Kentucky, private colleges located outside of Kentucky but which operate 19
in Kentucky, and public colleges located outside of Kentucky but which 20
operate in Kentucky. 21
(b) The term "college" does not include state-supported colleges and universities 22
authorized by KRS 164.100, 164.290, 164.580, and 164.810, nor does it 23
include colleges licensed or approved for establishment and operation under 24
the statutory authority given to the Kentucky Board of Barbering under KRS 25
317.430,[ the Kentucky Board of Cosmetology under KRS 317A.030,] the 26
Kentucky Commission on Proprietary Education under KRS 165A.340, or the 27 UNOFFICIAL COPY 24 RS BR 997
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State Board of Nursing under KRS 314.121. 1
(2) "Degree" means any academic or honorary title of designation, mark, appellation, 2
series of letters, numbers or words, such as, but not limited to, associate, bachelors, 3
masters, doctorate, or fellow, which signifies, purports, or is generally taken to 4
signify satisfactory completion of the requirements of an academic, educational, or 5
professional program of study beyond the secondary school level. 6
(3) "Diploma" means a certificate, transcript, report, document, or title of designation, 7
mark, appellation, series of letters, numbers, or words which signifies, purports, or 8
is generally taken to signify attendance, progress, or achievement in an academic 9
program. 10
Section 3. KRS 165A.310 is amended to read as follows: 11
As used in this chapter: 12
(1) "Agent" means any person employed by a proprietary school to act as agent, 13
solicitor, broker, or independent contractor to procure students for the school by 14
solicitation of enrollment in any form made at any place other than the main office 15
or principal place of business of the school; 16
(2) "CDL" means a commercial driver's license as defined in KRS 281A.010; 17
(3) "CDL driver training" means a course of study that complies with the provisions of 18
KRS 332.095 governing the instruction of persons in the operation of commercial 19
motor vehicles; 20
(4) "CDL driver training school" means any person, firm, partnership, association, 21
educational institution, establishment, agency, organization, or corporation, with the 22
exception of an entry level driver training provider, that offers CDL driver training 23
to persons desiring to obtain a Kentucky CDL in order to operate a commercial 24
motor vehicle and for which a fee or tuition is charged; 25
(5) "Commercial motor vehicle" has the same meaning as in KRS 281A.010; 26
(6) "Commission" means the Kentucky Commission on Proprietary Education; 27 UNOFFICIAL COPY 24 RS BR 997
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(7) "Entry level driver training" means a federally mandated course of instruction for 1
new CDL applicants as outlined in 49 C.F.R. secs. 380.600 to 380.609; 2
(8) "Entry level driver training provider" means an entity that is certified by the Federal 3
Motor Carrier Safety Administration as a training provider under 49 C.F.R. secs. 4
380.700 to 380.725 that is limited solely to providing entry level driver training; 5
(9) "Formal complaint" means a written statement filed on a form specified by the 6
commission in which the complainant alleges that a school has violated a Kentucky 7
statute or administrative regulation and has negatively impacted the complainant, 8
and resolution is requested by the commission; 9
(10) "License" means authorization issued by the commission to operate or to contract to 10
operate a proprietary school in Kentucky as described in this chapter and does not 11
reflect accreditation, supervision, endorsement, or recommendation by the 12
commission; 13
(11) "Person" means an individual, corporation, business trust, estate, partnership, 14
unincorporated association, two (2) or more of any of the foregoing having a joint 15
or common interest, or any other legal or commercial entity; 16
(12) "Proprietary school" or "school" means a privately owned educational institution, 17
establishment, agency, organization, or person maintained on either a for-profit or 18
not-for-profit basis, offering or administering a plan, course, or program of 19
instruction in business, trade, technical, industrial, or related areas for which a fee 20
or tuition is charged whether conducted in person, by mail, or by any other method, 21
and does not include: 22
(a) A school or educational institution supported entirely or partly by taxation 23
from either a local or state source; 24
(b) A parochial, denominational, or eleemosynary school or institution; 25
(c) A training program which offers instruction for payment by participants 26
primarily in pursuit of a hobby, recreation, or entertainment, and does not 27 UNOFFICIAL COPY 24 RS BR 997
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result in the granting of postsecondary credits nor lead to an industry-1
recognized credential, academic certificate, or degree; 2
(d) A course or courses of instruction or study sponsored by an employer for the 3
training and preparation of its own employees for the benefit of the employer 4
and without charge to the employee; or 5
(e) A school or educational institution licensed or approved by or a course or 6
courses of study or instruction sponsored by the Kentucky Board of Barbering 7
established by KRS 317.430,[ the Kentucky Board of Cosmetology 8
established by KRS 317A.030,] the Kentucky Board of Nursing established 9
by KRS 314.121, the Kentucky Board of Embalmers and Funeral Directors 10
established by KRS 316.170, or the Kentucky Council on Postsecondary 11
Education established by KRS 164.011; 12
(13) "Resident" means any person who has established Kentucky as his or her state of 13
domicile. Proof of residency shall include but not be limited to a deed or property 14
tax bill, utility agreement or utility bill, or rental housing agreement; 15
(14) "School year" is beginning the first day of July and ending the thirtieth day of June 16
next following, except when approval shall be suspended or canceled pursuant to 17
KRS 165A.350; and 18
(15) "Statement of quality assurance" means a statement required by the commission 19
from a non-degree granting institution, in a form and manner determined by the 20
commission, that attests to the institution meeting the minimum standards required 21
for receiving and maintaining a license. 22
Section 4. KRS 309.352 is amended to read as follows: 23
KRS 309.350 to 309.364 shall not preclude: 24
(1) Persons duly licensed, registered, or certified as massage therapists in another state 25
or territory, the District of Columbia, or a foreign country teaching a course related 26
to massage therapy or consulting with a person licensed under KRS 309.350 to 27 UNOFFICIAL COPY 24 RS BR 997
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309.364; 1
(2) Students enrolled in a program recognized by the board and completing a clinical 2
requirement for graduation while under the supervision of a board-licensed massage 3
therapist or other licensed health-care professional as defined by the board in 4
administrative regulation; 5
(3) A person administering a massage to members of the person's immediate family; 6
(4) Persons who restrict manipulation of the soft tissues of the human body to the 7
hands, feet, or ears, and do not hold themselves out to be massage therapists; 8
(5) Persons who use procedures within the scope of practice of their profession, which 9
has established standards and ethics, provided that their services use touch, words, 10
and directed movement to deepen awareness of existing patterns of movement in 11
the body as well as to suggest new possibilities of movement while engaged, but 12
who are not designated or implied to administer massage or to be massage 13
therapists. These practices include, but are not limited to, the Feldenkrais Method 14
and the Trager Approach; 15
(6) Persons engaged within the scope of practice of a profession with established 16
standards and ethics in which touch is limited to what is essential for palpation and 17
affecting of the human energy system, provided that their services are not 18
designated or implied to be massage or massage therapy. These practices include 19
but are not limited to polarity therapy; 20
(7) Persons duly licensed, certified, or registered in another state or territory, the 21
District of Columbia, or a foreign country when incidentally in this state to provide 22
service as a part of an emergency response team working in conjunction with 23
disaster relief officials or as part of a charity event, athletic event, or artistic 24
performance; 25
(8) Students participating in massage therapy classes or continuing education while in 26
the classroom or practicing on a classmate and not holding themselves out as 27 UNOFFICIAL COPY 24 RS BR 997
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massage therapists or accepting compensation for the practice; or 1
(9) Practitioners of the following occupations and professions regulated by state law 2
while engaging in the practices for which they are duly licensed and while not 3
holding themselves out to be massage therapists: 4
(a) Physicians, osteopaths, podiatrists, and athletic trainers regulated under KRS 5
Chapter 311; 6
(b) Chiropractors regulated under KRS Chapter 312; 7
(c) Registered nurses and practical nurses regulated under KRS Chapter 314; 8
(d) Barbers[, cosmetologists, and estheticians] regulated under KRS 9
Chapter[Chapters] 317[ and 317A, respectively]; 10
(e) Occupational therapists regulated under KRS Chapter 319A; and 11
(f) Physical therapists regulated under KRS Chapter 327. 12
Section 5. KRS 317.420 is amended to read as follows: 13
(1) No person shall engage in the practice of "barbering" for other than cosmetic 14
purposes nor shall any person engage in barbering for the treatment of physical or 15
mental ailments, except that the provisions of this chapter shall not apply to: 16
(a) Persons authorized by the law of this state to practice medicine, chiropody, 17
optometry, dentistry, chiropractic, nursing, or embalming when incidental 18
practices of barbering are performed by them in the normal course of the 19
practice of their profession; 20
(b) Commissioned medical or surgical personnel of the United States Armed 21
Forces performing incidental practices of barbering in the course of their 22
duties; or 23
(c) Barbering services performed at an institution operated by or under contract to 24
the Department of Corrections or the Department of Juvenile Justice. 25
(2) Except as provided in subsection (1) of this section, no person shall engage in the 26
practice of barbering for the public generally or for consideration without the 27 UNOFFICIAL COPY 24 RS BR 997
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appropriate license required by this chapter. 1
(3) No person, unless duly and properly licensed pursuant to this chapter, shall: 2
(a) Teach barbering; 3
(b) Operate a barber shop; 4
(c) Conduct or operate a school for barbers; or 5
(d) Lease or rent booth space as an independent contract owner. 6
(4) No person shall aid or abet any person in violating the provisions of this section, 7
nor shall any person engage or employ for consideration any person for the 8
performance of any practice licensed by this chapter unless the person to perform 9
such practice holds and displays the appropriate license therefor. 10
(5) Except as provided in this chapter, no person or business shall: 11
(a) Advertise barbering services, unless the person or business and the personnel 12
it employs are licensed under this chapter; 13
(b) Advertise as a barber shop, unless all persons in the shop practicing barbering 14
services are licensed under this chapter. Any barber practicing in a shop 15
licensed as both a barber shop and a shop providing another personal care 16
service that does not require a healthcare provider as defined in KRS 17
311.821[salon licensed under KRS Chapter 317A] may display an image, that 18
is at least four (4) inches high, of a barber pole at his or her station; or 19
(c) Use or display a barber pole for the purpose of advertising barbering services 20
to the public unless it: 21
1. Has a barber shop license; and 22
2. Employs a barber licensed under this chapter. 23
(6) A person holding an active barber license from the board and who practices in a 24
shop licensed by the board may render services for pay or otherwise to: 25
(a) A person suffering from a terminal illness who is receiving the services of a 26
hospice program either at home or at a hospice inpatient unit; or 27 UNOFFICIAL COPY 24 RS BR 997
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(b) A person who is deceased and in the care of a funeral establishment. 1
Section 6. KRS 324B.030 is amended to read as follows: 2
(1) The Department of Professional Licensing in the Public Protection Cabinet shall 3
provide administrative services, technical assistance, and advice to the following 4
boards and commissions at the request of the individual boards or commissions, all 5
of which maintain their identity and their full authority for making policy decisions 6
in the fields that they regulate: the State Board of Accountancy, the Kentucky 7
Board of Architects, the Kentucky Board of Barbering,[ the Kentucky Board of 8
Cosmetology,] the State Board of Podiatry, the Kentucky State Board of 9
Chiropractic Examiners, the Kentucky Board of Dentistry, the State Board of 10
Embalmers and Funeral Directors, the State Board of Registration for Professional 11
Engineers and Land Surveyors, the Kentucky Board of Nursing, the Kentucky 12
Board of Ophthalmic Dispensers, the Kentucky Board of Optometric Examiners, 13
the Kentucky Board of Pharmacy, the State Board of Physical Therapy, the State 14
Board of Examiners of Psychologists, the Kentucky Real Estate Commission, the 15
Kentucky Board of Veterinary Examiners, the Board of Auctioneers, the Kentucky 16
Board of Landscape Architects, the State Board of Medical Licensure, the Board of 17
Speech-Language Pathology and Audiology, the Kentucky Board of Licensure for 18
Nursing Home Administrators, the Kentucky Licensing Board for Specialists in 19
Hearing Instruments, the Kentucky Board of Social Work, the Kentucky Board of 20
Emergency Medical Services, and any other boards and commissions that are 21
created to license, certify, register, or otherwise regulate any occupational or 22
professional category. 23
(2) The department may also provide administrative services to a board or commission 24
that is created to license, certify, register, or otherwise regulate any occupational or 25
professional category if these administrative services are deemed to be preferable or 26
required after the review process conducted under KRS 324B.040. 27 UNOFFICIAL COPY 24 RS BR 997
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(3) To the extent that the department provides administrative services, the respective 1
boards and commissions are relieved of the power and duty to provide the services 2
for themselves. The department shall charge each board or commission a reasonable 3
amount for administrative services provided pursuant to subsection (1) of this 4
section. The department may employ persons previously employed by boards or 5
commissions. 6
(4) The department may receive complaints against the conduct of licensees granted 7
licensure by the boards and commissions assigned to the department for 8
administrative purposes. The department shall cause these complaints to be reduced 9
to writing and forwarded to the appropriate board or commission for investigation 10
and a determination of the validity of the complaint. The department shall keep a 11
record of all complaints received by it and forwarded to a board or commission. 12
(5) Any board or commission listed in subsection (1) of this section, shall accept 13
personal checks in payment of license renewal fees. 14
Section 7. The following KRS sections are repealed: 15
317A.010 Definitions for chapter. 16
317A.020 Scope of chapter -- Licensure requirements -- Legal actions brought by board 17
-- Emergency orders -- Board duties. 18
317A.030 Board of Cosmetology -- Membership -- Compensation. 19
317A.040 Board personnel -- Administration. 20
317A.050 Qualifications for licenses and permits -- Temporary event services 21
permit. 22
317A.060 Administrative regulations. 23
317A.062 Administrative regulations establishing fees. 24
317A.065 Licensee to maintain updated information with board -- Administrative 25
regulations. 26
317A.070 Hearings -- Appeals. 27 UNOFFICIAL COPY 24 RS BR 997
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317A.080 Kentucky Board of Cosmetology trust and agency fund -- Disposition of 1
fees. 2
317A.090 Requirements for schools of cosmetology, esthetic practices, and nail 3
technology. 4
317A.100 Reciprocal licensing -- Administrative regulations -- Continuing education. 5
317A.105 Cosmetology Licensure Compact. 6
317A.120 Examinations by board. 7
317A.130 Sanitation requirements and prohibited practices -- Practices under 8
supervision of physician. 9
317A.140 Grounds for fine, reprimand, probation, suspension, revocation, or refusal to 10
issue or renew license or permit. 11
317A.145 Complaint procedure -- Investigation -- Action against violator -- 12
Inspections. 13
317A.150 Fee exemptions. 14
317A.155 Cosmetologists, estheticians, limited stylists, and nail technicians must 15
practice in licensed establishments -- Services to hospice patients, deceased persons 16
in the care of funeral establishments, and persons suffering from attested medical 17
conditions. 18
317A.990 Penalties. 19
Section 8. This Act takes effect on January 1, 2025. 20
Section 9. The Kentucky Board of Cosmetology trust and agency fund 21
established in KRS 317A.080 shall be closed by January 1, 2025. After all encumbrances 22
against the fund have been paid, the remaining moneys in the Kentucky Board of 23
Cosmetology trust and agency fund shall be transferred to the general fund. 24