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AN ACT relating to mobile barber licensure. 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) A "barber" is any person who engages in the practice of "barbering" for the public 5
generally or for consideration; 6
(2) "Barbering" is 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" is any establishment in which the practice of barbering is conducted 21
for the general public or for consideration and includes a mobile barber shop; 22
(6) "Board" means the Kentucky Board of Barbering; 23
(7) "Endorsement" means the process of granting a license under this chapter to an 24
applicant licensed in another state; 25
(8) "Independent contract owner" means any barber or apprentice barber licensed under 26
this chapter who leases or rents space in a barber shop;[ and] 27 UNOFFICIAL COPY 24 RS BR 294
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(9) "Lapse fees" means the annual renewal license fee which would have been paid for 1
the period during which a license has lapsed; and 2
(10) "Mobile barber shop" means a self-contained unit in which the practice of 3
barbering is conducted and which may be moved, towed, or transported from one 4
(1) location to another. 5
Section 2. KRS 317.420 is amended to read as follows: 6
(1) No person shall engage in the practice of "barbering" for other than cosmetic 7
purposes nor shall any person engage in barbering for the treatment of physical or 8
mental ailments, except that the provisions of this chapter shall not apply to: 9
(a) Persons authorized by the law of this state to practice medicine, chiropody, 10
optometry, dentistry, chiropractic, nursing, or embalming when incidental 11
practices of barbering are performed by them in the normal course of the 12
practice of their profession; 13
(b) Commissioned medical or surgical personnel of the United States Armed 14
Forces performing incidental practices of barbering in the course of their 15
duties; or 16
(c) Barbering services performed at an institution operated by or under contract to 17
the Department of Corrections or the Department of Juvenile Justice. 18
(2) Except as provided in subsection (1) of this section, no person shall engage in the 19
practice of barbering for the public generally or for consideration without the 20
appropriate license required by this chapter. 21
(3) No person, unless duly and properly licensed pursuant to this chapter, shall: 22
(a) Teach barbering; 23
(b) Operate a barber shop or mobile barber shop; 24
(c) Conduct or operate a school for barbers;[ or] 25
(d) Lease or rent booth space as an independent contract owner; or 26
(e) Operate a mobile barber shop without first notifying the board of its 27 UNOFFICIAL COPY 24 RS BR 294
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location or change in its location. 1
(4) No person shall aid or abet any person in violating the provisions of this section, 2
nor shall any person engage or employ for consideration any person for the 3
performance of any practice licensed by this chapter unless the person to perform 4
such practice holds and displays the appropriate license therefor. 5
(5) Except as provided in this chapter, no person or business shall: 6
(a) Advertise barbering services, unless the person or business and the personnel 7
it employs are licensed under this chapter; 8
(b) Advertise as a barber shop or mobile barber shop, unless all persons in the 9
shop practicing barbering services are licensed under this chapter. Any barber 10
practicing in a shop licensed as both a barber shop and a salon licensed under 11
KRS Chapter 317A may display an image, that is at least four (4) inches high, 12
of a barber pole at his or her station; or 13
(c) Use or display a barber pole for the purpose of advertising barbering services 14
to the public unless it: 15
1. Has a barber shop license; and 16
2. Employs a barber licensed under this chapter. 17
(6) A person holding an active barber license from the board and who practices in a 18
shop licensed by the board may render services for pay or otherwise to: 19
(a) A person suffering from a terminal illness who is receiving the services of a 20
hospice program either at home or at a hospice inpatient unit; or 21
(b) A person who is deceased and in the care of a funeral establishment. 22
Section 3. KRS 317.430 is amended to read as follows: 23
(1) There is hereby created an independent agency of the state government to be known 24
as the Kentucky Board of Barbering, which shall have complete supervision over 25
the administration of the provisions of this chapter relating to barbers, barbering, 26
barber shops, mobile barber shops, independent contract owners, barber schools, 27 UNOFFICIAL COPY 24 RS BR 294
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and the teaching of barbering. 1
(2) The board shall be composed of five (5) members appointed by the Governor. Four 2
(4) members shall be barbers holding a valid license and practicing in Kentucky. 3
One (1) member shall be a citizen at large who is not associated with or financially 4
interested in barbering. At all times in the filling of vacancies of membership on the 5
barber board, this balance of representation shall be maintained. 6
(3) The two (2) members appointed to fill the terms beginning on February 1, 2008, 7
shall serve until February 1, 2011, and the three (3) members appointed to fill the 8
terms beginning on February 1, 2007, shall serve until February 1, 2010. All 9
subsequent appointments shall be for a term of three (3) years, with terms ending on 10
February 1. 11
(4) The Governor shall not remove any member of the board except for cause. 12
(5) The board shall elect from its members one (1) to serve as chairman, one (1) to 13
serve as vice chairman, and a third to serve as secretary. 14
(6) Three (3) members shall constitute a quorum for the transaction of business. 15
(7) In addition to the other qualifications specified in this section, barber members of 16
the board shall be at least twenty-three (23) years of age, citizens of the United 17
States, residents of Kentucky, and must have engaged in the practice of barbering in 18
this state for a period of at least five (5) years. 19
(8) No member of the board shall be financially interested in, or have any financial 20
connection with, any barber or cosmetology school, wholesale cosmetic or barber 21
supply or equipment business, nor shall any member of the barber board teach 22
barbering, cosmetology, or manicuring for monetary considerations. 23
(9) Each member of the board shall receive a compensation of one hundred dollars 24
($100) per day for each day of attendance at a meeting of the board, and shall be 25
reimbursed for necessary traveling expenses. 26
(10) The board shall hold its meetings within the state and when deemed necessary by 27 UNOFFICIAL COPY 24 RS BR 294
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the board to discharge its duties. 1
Section 4. KRS 317.440 is amended to read as follows: 2
(1) To protect the health and safety of the public and to protect the public against 3
misrepresentation, deceit, or fraud in the practice or teaching of barbering, the 4
board shall promulgate administrative regulations governing the: 5
(a) Location and housing of barber shops, mobile barber shops, or schools; 6
(b) Quantity and quality of equipment, supplies, materials, records, and 7
furnishings required in barber shops, mobile barber shops, or schools; 8
(c) Qualifications of teachers of barbering; 9
(d) Qualifications of applicants to or enrollees in barber schools; 10
(e) Hours and courses of instruction at barber schools; 11
(f) Examinations of applicants for barber or teacher of barbering;[ and] 12
(g) Qualifications of independent contract owners; and 13
(h) Inspection criteria for mobile barber shops. 14
(2) The board shall establish: 15
(a) Fees by administrative regulation; and 16
(b) On its website a system for a licensed mobile barber shop to: 17
1. Submit to the board a weekly itinerary detailing the locations at which 18
it will offer barbering services; and 19
2. Notify the board of any changes in its location or itinerary. 20
(3) Administrative regulations pertaining to health and sanitation shall be approved by 21
the Kentucky secretary for health and family services before becoming effective. 22
Section 5. KRS 317.450 is amended to read as follows: 23
(1) (a) The board shall issue an apprentice license to practice barbering to any person 24
who: 25
1. Is at least seventeen and one-half (17-1/2) years of age; 26
2. Is of good moral character and temperate habit; 27 UNOFFICIAL COPY 24 RS BR 294
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3. Possesses a high school diploma, a High School Equivalency Diploma, 1
or a transcript from an issuing institution that is recognized by the 2
educational authority in the state from which the diploma, certificate, or 3
transcript is issued; 4
4. Has graduated from a licensed school of barbering; 5
5. Has satisfactorily passed the apprentice examination prescribed by the 6
barber board, which shall include a practical assessment of the 7
applicant's skills, including but not limited to a taper haircut, shampoo, 8
straight razor facial shave, facial, and a chemical application; and 9
6. Has paid a fee as established in administrative regulations promulgated 10
by the board in accordance with KRS Chapter 13A. 11
(b) A barber shall serve an apprentice period of at least six (6) months but not 12
more than nine (9) months of continuous service from the effective date of the 13
license issued pursuant to paragraph (a) of this subsection. 14
(c) In addition to the grounds for disciplinary action specified in KRS 317.590, 15
the board may, during the apprentice period, require a licensee to retake any 16
part or all of the written or practical examination, or both. 17
(d) At the end of the apprentice period, the board shall issue a license to practice 18
barbering to an apprentice licensee who has: 19
1. Satisfactorily passed the barber examination prescribed by the board by 20
administrative regulations promulgated in accordance with KRS Chapter 21
13A; and 22
2. Complied with all other requirements of this subsection. 23
(e) The board may issue a barber license by endorsement to a resident of another 24
state, district, or territory within the United States of America upon payment 25
of a fee as established in administrative regulations promulgated by the board 26
in accordance with KRS Chapter 13A, and upon submission of satisfactory 27 UNOFFICIAL COPY 24 RS BR 294
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evidence that the requirements for licensure in the other state are substantially 1
equivalent to the requirements of this state at the time of application. In the 2
absence of the required equivalency, an applicant from another state, district, 3
or territory within the United States of America, shall show proof of three (3) 4
years or more experience immediately before making application and be 5
currently licensed and in good standing with the state, district, or territory in 6
which he or she is licensed. The board may also require an applicant under 7
this section to pass a written and practical examination to establish 8
equivalency. 9
(2) The board shall: 10
(a) Issue a license to operate a barber shop or mobile barber shop to any barber 11
licensed under the provisions of this chapter upon application and payment of 12
a fee as established in administrative regulations promulgated by the board in 13
accordance with KRS Chapter 13A; 14
(b) Refuse to issue the license upon a failure of the licensed barber to comply 15
with the provisions of this chapter or the administrative regulations 16
promulgated by the board; 17
(c) Allow the licensed owner of a barber shop or mobile barber shop, which is 18
licensed under this chapter, to rent or lease space in his or her barber shop to 19
an independent contract owner; and 20
(d) Allow an unlicensed owner of a barber shop to rent or lease space in his or her 21
barber shop to an independent contract owner, only if the shop owner has a 22
licensed barber as a manager of the shop at all times. If the owner, manager, 23
or location of a barber shop changes, the required form and fee shall be 24
submitted to the board. 25
(3) The board shall issue a license to operate a school of barbering to any person, firm, 26
or corporation who or which: 27 UNOFFICIAL COPY 24 RS BR 294
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(a) Applies for a license upon forms furnished by the board; 1
(b) Has the equipment and facilities that may be required by administrative 2
regulations promulgated by the board; 3
(c) Has furnished adequate evidence to the board that: 4
1. There is an intent to establish a bona fide school for the education and 5
training of competent barbers; and 6
2. A sufficient number of teachers licensed by the board will be employed 7
to conduct the school, including at least one (1) teacher with a minimum 8
of twelve (12) months' experience teaching in a barber school that 9
includes administrative experience; and 10
(d) Pays a fee as established in administrative regulations promulgated by the 11
board in accordance with KRS Chapter 13A. 12
(4) The board shall issue a student permit to any person enrolled in a licensed barber 13
school upon payment of a fee as established in administrative regulations 14
promulgated by the board in accordance with KRS Chapter 13A. 15
(5) The board shall issue a license to teach barbering to any person who: 16
(a) Is of good moral character and temperate habit; 17
(b) Possesses a high school diploma or a High School Equivalency Diploma; 18
(c) Has been a Kentucky-licensed and practicing barber for at least eighteen (18) 19
months; 20
(d) Has satisfactorily passed the examination prescribed by the board by 21
promulgation of administrative regulations; and 22
(e) Has paid a fee as established in administrative regulations promulgated by the 23
board in accordance with KRS Chapter 13A. 24
(6) The board shall issue a license to any barber who holds an independent contract 25
owner's license who: 26
(a) Is of good moral character and temperate habit; 27 UNOFFICIAL COPY 24 RS BR 294
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(b) Possesses a high school diploma or a High School Equivalency Diploma; 1
(c) Is a licensed and practicing barber under this chapter; and 2
(d) Has paid a fee as established in administrative regulations promulgated by the 3
board in accordance with KRS Chapter 13A. 4
(7) The board shall issue a demonstration charity event permit to any licensed barber 5
who pays a fee as established in administrative regulations promulgated by the 6
board in accordance with KRS Chapter 13A. 7
(8) Applications for examination required in this section shall be accompanied by an 8
examination fee as established in administrative regulations promulgated by the 9
board in accordance with KRS Chapter 13A. 10
(9) (a) On and after July 1, 2016, a license issued pursuant to this section shall expire 11
on the first day of July next following the date of its issuance. A license shall 12
be renewed on June 1 through July 1 of each year. 13
(b) Any license shall automatically be renewed by the board: 14
1. Upon receipt of the application for renewal or duplicate renewal 15
application form and the required annual renewal license fee submitted 16
either in person or via written or electronic means; and 17
2. If the applicant for renewal is otherwise in compliance with the 18
provisions of this chapter and the administrative regulations of the 19
board. 20
(10) The annual renewal license fee for each type of license renewal shall be as 21
established in administrative regulations promulgated by the board in accordance 22
with KRS Chapter 13A. 23
(11) (a) The fee per year for the renewal of an expired license, if the period of 24
expiration does not exceed five (5) years, shall be as established by 25
administrative regulations promulgated by the board in accordance with KRS 26
Chapter 13A. 27 UNOFFICIAL COPY 24 RS BR 294
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(b) An applicant who fails to renew a license within five (5) years of its 1
expiration shall comply with the requirements for relicensure established by 2
the board through promulgation of administrative regulations in accordance 3
with KRS Chapter 13A. 4
Section 6. KRS 317.580 is amended to read as follows: 5
No barber, independent contract owner, or student shall: 6
(1) Knowingly continue to practice while he has an infectious or communicable 7
disease; 8
(2) Fail to provide the head rest of each chair with a relaundered towel or a sheet of 9
clean paper for each patron; 10
(3) Fail to place around the patron's neck a strip of cotton, towel, or neck strip so that 11
the haircloth does not come in contact with the nude skin of the patron's body; 12
(4) Use on one (1) patron a towel that has been used upon another patron, unless the 13
towel has been relaundered; or 14
(5) Use on any patron any razor, scissors, tweezers, comb, sachet, rubber disc or part of 15
vibrator or other similar equipment or appliance that comes into contact with the 16
head, face, hands, or neck of a patron, until the equipment or appliance has been 17
immersed in boiling water for ten (10) minutes or in a sterilizing solution and 18
placed in a wet or dry sterilizer until again used. Only such methods of sterilization 19
as are bacteriologically effective and approved by the Cabinet for Health and 20
Family Services shall be used. 21
(6) Fail to wash his or her hands in a sink both before and after contact with each 22
patron. Methods to sterilize hands that are bacteriologically effective as approved 23
by the United States Food and Drug Administration's Food Code, Sections 2-301.11 24
through 2-304.11, shall also be recognized and used. Barber shop and mobile 25
barber shop licenses issued after July 12, 2006, shall require that a sink with hot 26
and cold running water be located in the room where barbering is done. 27