UNOFFICIAL COPY 24 RS BR 1303
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AN ACT relating to barbers and cosmetologists. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 317.450 is amended to read as follows: 3
(1) (a) The board shall issue an apprentice license to practice barbering to any person 4
who: 5
1. Is at least seventeen and one-half (17-1/2) years of age; 6
2. Is of good moral character and temperate habit; 7
3. Possesses a high school diploma, a High School Equivalency Diploma, 8
or a transcript from an issuing institution that is recognized by the 9
educational authority in the state from which the diploma, certificate, or 10
transcript is issued; 11
4. Has graduated from a licensed school of barbering; 12
5. Has satisfactorily passed the apprentice examination prescribed by the 13
barber board, which shall include a practical assessment of the 14
applicant's skills, including but not limited to a taper haircut, shampoo, 15
straight razor facial shave, facial, and a chemical application; and 16
6. Has paid a fee as established in administrative regulations promulgated 17
by the board in accordance with KRS Chapter 13A. 18
(b) A barber shall serve an apprentice period of at least six (6) months but not 19
more than nine (9) months of continuous service from the effective date of the 20
license issued pursuant to paragraph (a) of this subsection. 21
(c) In addition to the grounds for disciplinary action specified in KRS 317.590, 22
the board may, during the apprentice period, require a licensee to retake any 23
part or all of the written or practical examination, or both. 24
(d) At the end of the apprentice period, the board shall issue a license to practice 25
barbering to an apprentice licensee who has: 26
1. Satisfactorily passed the barber examination prescribed by the board by 27 UNOFFICIAL COPY 24 RS BR 1303
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administrative regulations promulgated in accordance with KRS Chapter 1
13A;[ and] 2
2. Complied with all other requirements of this subsection; and 3
3. Submitted satisfactory proof that he or she has successfully completed 4
up to one (1) hour of online or in-person training provided by a 5
nonprofit anti-domestic violence organization recognized by the 6
National Coalition Against Domestic Violence or the National 7
Resource Center on Domestic Violence. The training shall focus on 8
how to recognize the signs of domestic violence, how to respond to 9
these signs, and how to refer a client to resources for victims of 10
domestic violence. 11
(e) The board may issue a barber license by endorsement to a resident of another 12
state, district, or territory within the United States of America upon payment 13
of a fee as established in administrative regulations promulgated by the board 14
in accordance with KRS Chapter 13A, and upon submission of satisfactory 15
evidence that the requirements for licensure in the other state are substantially 16
equivalent to the requirements of this state at the time of application. In the 17
absence of the required equivalency, an applicant from another state, district, 18
or territory within the United States of America, shall show proof of three (3) 19
years or more experience immediately before making application and be 20
currently licensed and in good standing with the state, district, or territory in 21
which he or she is licensed. The board may also require an applicant under 22
this section to pass a written and practical examination to establish 23
equivalency. 24
(f) The board is responsible for making the domestic violence training required 25
in paragraph (d) of this subsection available online and available at no cost 26
to the attendee. 27 UNOFFICIAL COPY 24 RS BR 1303
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(g) A person licensed under this chapter, and the employer of that licensee, who 1
responds to signs of domestic violence with a client, refers a client to 2
resources for victims of domestic violence, or fails to respond or refer a 3
client shall not be civilly or criminally liable for his or her actions or 4
inactions. 5
(2) The board shall: 6
(a) Issue a license to operate a barber shop to any barber licensed under the 7
provisions of this chapter upon application and payment of a fee as 8
established in administrative regulations promulgated by the board in 9
accordance with KRS Chapter 13A; 10
(b) Refuse to issue the license upon a failure of the licensed barber to comply 11
with the provisions of this chapter or the administrative regulations 12
promulgated by the board; 13
(c) Allow the licensed owner of a barber shop, which is licensed under this 14
chapter, to rent or lease space in his or her barber shop to an independent 15
contract owner; and 16
(d) Allow an unlicensed owner of a barber shop to rent or lease space in his or her 17
barber shop to an independent contract owner, only if the shop owner has a 18
licensed barber as a manager of the shop at all times. If the owner, manager, 19
or location of a barber shop changes, the required form and fee shall be 20
submitted to the board. 21
(3) The board shall issue a license to operate a school of barbering to any person, firm, 22
or corporation who or which: 23
(a) Applies for a license upon forms furnished by the board; 24
(b) Has the equipment and facilities that may be required by administrative 25
regulations promulgated by the board; 26
(c) Has furnished adequate evidence to the board that: 27 UNOFFICIAL COPY 24 RS BR 1303
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1. There is an intent to establish a bona fide school for the education and 1
training of competent barbers; and 2
2. A sufficient number of teachers licensed by the board will be employed 3
to conduct the school, including at least one (1) teacher with a minimum 4
of twelve (12) months' experience teaching in a barber school that 5
includes administrative experience; and 6
(d) Pays a fee as established in administrative regulations promulgated by the 7
board in accordance with KRS Chapter 13A. 8
(4) The board shall issue a student permit to any person enrolled in a licensed barber 9
school upon payment of a fee as established in administrative regulations 10
promulgated by the board in accordance with KRS Chapter 13A. 11
(5) The board shall issue a license to teach barbering to any person who: 12
(a) Is of good moral character and temperate habit; 13
(b) Possesses a high school diploma or a High School Equivalency Diploma; 14
(c) Has been a Kentucky-licensed and practicing barber for at least eighteen (18) 15
months; 16
(d) Has satisfactorily passed the examination prescribed by the board by 17
promulgation of administrative regulations; and 18
(e) Has paid a fee as established in administrative regulations promulgated by the 19
board in accordance with KRS Chapter 13A. 20
(6) The board shall issue a license to any barber who holds an independent contract 21
owner's license who: 22
(a) Is of good moral character and temperate habit; 23
(b) Possesses a high school diploma or a High School Equivalency Diploma; 24
(c) Is a licensed and practicing barber under this chapter; and 25
(d) Has paid a fee as established in administrative regulations promulgated by the 26
board in accordance with KRS Chapter 13A. 27 UNOFFICIAL COPY 24 RS BR 1303
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(7) The board shall issue a demonstration charity event permit to any licensed barber 1
who pays a fee as established in administrative regulations promulgated by the 2
board in accordance with KRS Chapter 13A. 3
(8) Applications for examination required in this section shall be accompanied by an 4
examination fee as established in administrative regulations promulgated by the 5
board in accordance with KRS Chapter 13A. 6
(9) (a) On and after July 1, 2016, a license issued pursuant to this section shall expire 7
on the first day of July next following the date of its issuance. A license shall 8
be renewed on June 1 through July 1 of each year. 9
(b) Any license shall automatically be renewed by the board: 10
1. Upon receipt of the application for renewal or duplicate renewal 11
application form and the required annual renewal license fee submitted 12
either in person or via written or electronic means; and 13
2. If the applicant for renewal is otherwise in compliance with the 14
provisions of this chapter and the administrative regulations of the 15
board. 16
(10) The annual renewal license fee for each type of license renewal shall be as 17
established in administrative regulations promulgated by the board in accordance 18
with KRS Chapter 13A. 19
(11) (a) The fee per year for the renewal of an expired license, if the period of 20
expiration does not exceed five (5) years, shall be as established by 21
administrative regulations promulgated by the board in accordance with KRS 22
Chapter 13A. 23
(b) An applicant who fails to renew a license within five (5) years of its 24
expiration shall comply with the requirements for relicensure established by 25
the board through promulgation of administrative regulations in accordance 26
with KRS Chapter 13A. 27 UNOFFICIAL COPY 24 RS BR 1303
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Section 2. KRS 317A.050 is amended to read as follows: 1
(1) All applicants for licensure under this chapter shall meet the following minimum 2
requirements: 3
(a) Be of good moral character and temperate habit; 4
(b) Be at least eighteen (18) years of age; 5
(c) Have a high school diploma, a High School Equivalency Diploma, or results 6
from the Test for Adult Basic Education indicating a score equivalent to the 7
twelfth grade of high school;[ and] 8
(d) Have submitted the completed application along with the required license fee 9
as set forth in administrative regulation; and 10
(e) 1. Have submitted satisfactory proof that the applicant successfully 11
completed up to one (1) hour of online or in-person training provided 12
by a nonprofit anti-domestic violence organization recognized by the 13
National Coalition Against Domestic Violence or the National 14
Resource Center on Domestic Violence. 15
2. The training shall focus on how to recognize the signs of domestic 16
violence, how to respond to these signs, and how to refer a client to 17
resources for victims of domestic violence. 18
3. The board is responsible for making the required domestic violence 19
training available online and at no cost to the attendee. 20
4. A person licensed under this chapter, and the employer of that 21
licensee, who responds to signs of domestic violence with a client, 22
refers a client to resources for victims of domestic violence, or fails to 23
respond or refer a client shall not be civilly or criminally liable for his 24
or her actions or inactions. 25
(2) Notwithstanding any provision to the contrary, the board may refuse to grant a 26
license to any applicant who fails to comply with the provisions of this chapter or 27 UNOFFICIAL COPY 24 RS BR 1303
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any administrative regulations promulgated by the board. 1
(3) The board shall issue a cosmetologist license to any person who: 2
(a) Has official certification from the state board or agency that certifies 3
cosmetology schools that the applicant has graduated from a licensed school 4
of cosmetology requiring one thousand five hundred (1,500) hours within five 5
(5) years of enrolling within the school; and 6
(b) Has satisfactorily passed an examination prescribed by the board to determine 7
fitness to practice cosmetology. 8
(4) The board shall issue an esthetician license to any person who: 9
(a) Has satisfactorily completed seven hundred fifty (750) hours of instruction in 10
a licensed school approved by the board; and 11
(b) Has received a satisfactory grade on an examination prescribed by the board 12
to determine fitness to practice as an esthetician. 13
(5) The board shall issue a license to act as a nail technician to any person who: 14
(a) Has official certification from the state board or agency that certifies 15
cosmetology schools that the applicant has completed satisfactorily a nail 16
technician course of study of four hundred fifty (450) hours in a licensed 17
school of cosmetology within five (5) years of submitting an application for 18
licensure; and 19
(b) Has satisfactorily passed an examination prescribed by the board to determine 20
fitness to practice as a nail technician. 21
(6) The board shall issue a license to operate a salon as follows: 22
(a) The board shall issue a license to operate a beauty salon to any licensed 23
cosmetologist. An owner who is not a licensed cosmetologist shall have a 24
licensed cosmetologist as manager of the beauty salon at all times. If the 25
owner, manager, or location of a beauty salon changes, the required form and 26
fee shall be submitted to the board. 27 UNOFFICIAL COPY 24 RS BR 1303
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(b) The board shall issue a license to operate an esthetic salon to any licensed 1
esthetician. An owner who is not a licensed esthetician shall have a licensed 2
esthetician or cosmetologist as manager of the esthetic salon at all times. If the 3
owner, manager, or location of an esthetic salon changes, the required form 4
and fee shall be submitted to the board. 5
(c) The board shall issue a license to operate a nail salon to any licensed nail 6
technician. An owner who is not a licensed nail technician shall have a 7
licensed nail technician or cosmetologist as manager of the nail salon at all 8
times. If the owner, manager, or location of a nail salon changes, the required 9
form and fee shall be submitted to the board. 10
(7) The board shall issue an instructor training certificate to train to be an instructor in 11
cosmetology, esthetic practices, or nail technology to any person who: 12
(a) Has held a current cosmetologist, esthetician, or nail technician license for at 13
least one (1) year; and 14
(b) Has submitted an application that has been signed by the owners of the school 15
in which the applicant will study. The course of instruction shall be for a 16
period of seven hundred fifty (750) hours and not less than four and one-half 17
(4.5) months at one (1) school providing this instruction. The school owner 18
shall verify to the board the completion of seven hundred fifty (750) hours. 19
For out-of-state verification, an applicant shall provide official certification 20
from the board or agency that certifies schools in that other state of licensure 21
verifying the applicant has completed a course of instruction consisting of at 22
least seven hundred fifty (750) hours and not less than four and one-half (4.5) 23
months at one (1) school providing the instruction. 24
(8) The board shall issue a license to teach cosmetology to any person who: 25
(a) Has held a current cosmetologist license and an instructor training certificate 26
for at least four and one-half (4.5) months; and 27 UNOFFICIAL COPY 24 RS BR 1303
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(b) Has satisfactorily passed the examination for the teaching of cosmetology as 1
prescribed by the board. 2
(9) The board shall issue a license to teach esthetic practices to any person who: 3
(a) Has held a current esthetician license and an instructor training certificate for 4
at least four and one-half (4.5) months; 5
(b) Has completed fifty (50) hours in esthetics training within the last two (2) 6
years; and 7
(c) Has satisfactorily passed the examination for the teaching of esthetic practices 8
as prescribed by the board. 9
(10) The board shall issue a license to teach nail technology to any person who: 10
(a) Has held a current nail technician license and an instructor training certificate 11
for at least four and one-half (4.5) months; 12
(b) Has completed fifty (50) hours in nail technology training within the last two 13
(2) years; and 14
(c) Has satisfactorily passed the examination for the teaching of nail technology 15
as prescribed by the board. 16
(11) (a) If the requirements of KRS 317A.090 have been satisfied, the board shall 17
issue a license to operate a school of cosmetology or a school of esthetic 18
practices or a school of nail technology to any person who has as manager at 19
all times a person who is: 20
1. Licensed as an instructor; 21
2. Charged with the responsibility of ensuring that all applicable statutes 22
and administrative regulations are complied with; and 23
3. Responsible for having a sufficient number of licensed instructors of 24
cosmetology or esthetic practices or nail technology to conduct the 25
school. 26
(b) Any student enrolling in the school shall pay the fee set forth in administrative 27 UNOFFICIAL COPY 24 RS BR 1303
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regulation to the board before enrollment in the school shall be allowed. 1
(c) The transfer of any license to operate a school of cosmetology or esthetic 2
practices or nail technology shall require the board's approval and shall 3
become effective upon submitting the required form and fee to the board. 4
(12) (a) The board shall issue a license to provide shampoo and style services to any 5
person who: 6
1. Has passed an examination prescribed by the board to determine fitness 7
to perform shampoo and style services; 8
2. Has completed at least three hundred (300) hours of instruction from a 9
licensed school of cosmetology; and 10
3. Has met any other reasonable criteria established in administrative 11
regulations promulgated by the board. 12
(b) The board shall issue a license to operate a limited beauty salon to any person: 13
1. Who is licensed to provide shampoo and style services or who employs 14
at least one (1) person licensed to provide shampoo and style services at 15
the limited beauty salon; and 16
2. Whose limited beauty salon facility complies with standards established 17
in administrative regulations promulgated by the board. 18
(13) Licenses established under this chapter shall be valid for a period of time to be 19
established by the board through the promulgation of administrative regulations. 20
(14) Licenses and permits issued by the board may be renewed beginning July 1 through 21
July 31 of each year. 22
(a) Any license shall automatically be renewed by the board: 23
1. Upon submission and receipt of the application for renewal and the 24
required annual license fee; and 25
2. If the application for renewal is otherwise in compliance with the 26
provisions of this chapter and the administrative regulations of the 27 UNOFFICIAL COPY 24 RS BR 1303
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board. 1
(b) Any license application postmarked after July 31 shall be considered expired, 2
and the appropriate restoration fee as required by administrative regulation of 3
the board shall apply. 4
(15) The requirements for a new license for any person whose license has expired for a 5
period exceeding five (5) years shall be as follows: 6
(a) Cosmetologists shall retake and pass both the practical and theory 7
examination; 8
(b) Estheticians shall retake and pass both the practical and theory examination; 9
(c) Instructors of cosmetology or esthetic practices shall retake and pass both the 10
practical and theory examination; 11
(d) Nail technicians shall retake and pass the practical and theory examination; 12
(e) Providers of shampoo and style services shall retake and pass both the 13
practical and theory examination; and 14
(f) The appropriate restoration fee as set forth in administrative regulation of the 15
board shall be required. 16
(16) Guest artists or demonstrators appearing and demonstrating before persons other 17
than licensed cosmetologists, estheticians, nail technicians, and providers of 18
shampoo and style services shall apply for a permit that shall be in effect for ten 19
(10) days. Guest artists performing before a nonprofit, recognized professional 20
cosmetologists', estheticians', or cosmetology school or shampoo and style services' 21
or nail technicians' group shall apply for a permit, but shall not be required to pay 22
the fee. 23
(17) The board shall issue a permit for threading and may promulgate administrative 24
regulations that set out requirements for the practice of threading. Threading shall 25
be conducted in a licensed beauty salon or a facility with a permit to engage in 26
threading, and the board may promulgate administrative regulations for facilities 27 UNOFFICIAL COPY 24 RS BR 1303
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and the required sanitation standards. The permit shall be valid for a period of one 1
(1) year. 2
(18) The board shall issue a permit for eyelash artistry and may promulgate 3
administrative regulations that set out the requirements for the practice of eyelash 4
artistry. Eyelash artistry shall be conducted in a licensed beauty salon or a facility 5
with a permit to engage in eyelash artistry, and the board may promulgate 6
administrative regulations for facilities, education, and the required sanitation 7
standards. The permit shall be valid for a period of one (1) year. 8
(19) The board shall issue a permit for makeup artistry and may promulgate 9
administrative regulations that set out requirements for the practice of makeup 10
artistry and required sanitation standards. The permit shall be valid for a period of 11
one (1) year. 12
(20) (a) The board may issue a permit for temporary event services to a Kentucky-13
licensed cosmetologist, esthetician, limited stylist, or nail technician and shall 14
promulgate administrative regulations that set out requirements for issuance 15
of a temporary event services permit including: 16
1. Sanitation standards; 17
2. Criteria for events that qualify; 18
3. Application requirements and fees; and 19
4. Any other requirements necessary to protect the public health and 20
safety. 21
(b) The temporary event services permit shall be valid only for the specific dates 22
and locations requested. 23
(c) No person other than a Kentucky-licensed cosmetologist, esthetician, limited 24
stylist, or nail technician shall perform services at a temporary event services 25
location, and no licensee shall perform services other than those authorized by 26
his or her respective license pursuant to KRS 317A.020. 27 UNOFFICIAL COPY 24 RS BR 1303
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(d) The Kentucky-licensed cosmetologist, esthetician, limited stylist, or nail 1
technician holding a temporary event services permit shall be liable for any 2
violation of KRS Chapter 317A or administrative regulations promulgated 3
under KRS Chapter 317A that occurs at the temporary event services location. 4