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AN ACT relating to mobile services. 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 25 RS BR 41
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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 25 RS BR 41
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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 25 RS BR 41
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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 25 RS BR 41
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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 25 RS BR 41
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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 25 RS BR 41
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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 25 RS BR 41
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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 25 RS BR 41
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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 25 RS BR 41
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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 or she 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 UNOFFICIAL COPY 25 RS BR 41
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Section 7. KRS 317A.010 is amended to read as follows: 1
As used in this chapter, unless the context requires otherwise: 2
(1) "Beauty salon" means any establishment in which the practice of cosmetology is 3
conducted for the general public or for consideration and includes a mobile beauty 4
salon; 5
(2) "Board" means the Kentucky Board of Cosmetology; 6
(3) "Cosmetologist" means a person who engages in the practice of cosmetology for the 7
public generally or for consideration, regardless of the name under which the 8
practice is conducted; 9
(4) "Cosmetology" means the practice of: 10
(a) Hair styling; 11
(b) Esthetics; and 12
(c) Nail technology. 13
The practice of cosmetology does not include acts performed incident to treatment 14
of an illness or a disease; 15
(5) "Cosmetology school" or "school of cosmetology" means any operation, place, or 16
establishment in or through which persons are trained or taught the practice of 17
cosmetology, esthetic practices, and nail technology; 18
(6) "Esthetician" means a person who is licensed by the board to engage in esthetic 19
practices in the Commonwealth of Kentucky; 20
(7) "Esthetic practices" means one (1) or more of the following acts: 21
(a) Beautifying, cleansing, cosmetic preparations, exfoliating, facials, makeup, 22
removal of superfluous hair, stimulation, tinting, tweezing, or waxing; 23
(b) Eyelash tinting, artificial eyelashes, or eyelash extensions; 24
(c) Use of lotions, creams, oils, antiseptics, or depilatories; 25
(d) Massaging the skin; and 26
(e) Providing preoperative and postoperative esthetic skin care, either referred by 27 UNOFFICIAL COPY 25 RS BR 41
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or supervised by a medical professional, unless these acts are performed 1
incident to: 2
1. Treatment of an illness or a disease; 3
2. Work as a student in a board-approved school; or 4
3. Work performed by a licensed massage therapist; 5
(8) "Esthetic practices school" or "school of esthetic practices" means any operation, 6
place, or establishment in or through which persons are trained in esthetic practices; 7
(9) "Esthetic salon" means a place where an esthetician performs esthetic practices and 8
includes a mobile esthetic salon; 9
(10) "Eyelash artistry" means the process of attaching semipermanent lashes or eyelash 10
extensions to natural eyelashes; 11
(11) "Hair styling" means the practice of: 12
(a) Arranging, beautifying, bleaching, cleansing, coloring, curling, cutting, 13
dressing, manipulating, permanent waving, singeing, tinting, or trimming of 14
natural or artificial hair; 15
(b) Use of lotions, creams, and antiseptics; and 16
(c) Massaging and stimulation of the scalp; 17
(12) "Instructor" means any individual licensed to teach cosmetology, esthetics, or nail 18
technology who holds a corresponding license in cosmetology, esthetics practice, or 19
nail technology; 20
(13) "Limited beauty salon" means any establishment in which the practice of shampoo 21
and style services, makeup artistry, eyelash artistry, or threading are conducted for 22
the general public or for consideration and includes a mobile limited beauty salon; 23
(14) "Limited stylist" means an individual licensed to perform shampoo and style 24
services; 25
(15) (a) "Makeup artistry" means applying cosmetic products to the face and body. 26
(b) "Makeup artistry" includes: 27 UNOFFICIAL COPY 25 RS BR 41
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1. Corrective and camouflage techniques; and 1
2. Airbrushing. 2
(c) "Makeup artistry" does not include: 3
1. Face painting at carnivals or fairs; or 4
2. Application of cosmetics when not done for consideration; 5
(16) "Mobile beauty salon" or "mobile salon" means a self-contained unit in which 6
the practice of cosmetology is conducted and which may be moved, towed, or 7
transported from one (1) location to another; 8
(17) "Mobile esthetic salon" means a self-contained unit in which esthetic practices 9
are conducted and which may be moved, towed, or transported from one (1) 10
location to another; 11
(18) "Mobile nail salon" means a self-contained unit in which the practice of nail 12
technology is conducted and which may be moved, towed, or transported from 13
one (1) location to another; 14
(19) "Nail salon" means any establishment in which the practice of nail technology only 15
is conducted for the general public or for consideration and includes a mobile nail 16
salon; 17
(20)[(17)] "Nail technician" means a person who practices nail technology, including 18
manicuring and pedicuring real and artificial nails for the purpose of beautifying, 19
for the general public or for consideration. Manicuring and pedicuring real and 20
artificial nails for the purpose of beautifying includes: 21
(a) Cleaning; 22
(b) Trimming; 23
(c) Cutting; 24
(d) Shaping; 25
(e) Sculpting; 26
(f) Polishing; and 27 UNOFFICIAL COPY 25 RS BR 41
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(g) Massaging the hands and feet of any human, for which a license is required by 1
this chapter; 2
(21)[(18)] "Nail technology school" or "school of nail technology" means any operation, 3
place, or establishment in or through which persons are trained in nail technology; 4
(22)[(19)] (a) "Natural hair braiding" means a service of twisting, wrapping, weaving, 5
extending, locking, or braiding hair by hand or with mechanical devices. 6
Natural hair braiding is commonly known as "African-style hair braiding" but 7
is not limited to any particular cultural, ethnic, racial, or religious forms of 8
hair styles. 9
(b) "Natural hair braiding" includes: 10
1. The use of natural or synthetic hair extensions, natural or synthetic hair 11
and fibers, decorative beads, and other hair accessories; 12
2. Minor trimming of natural hair or hair extensions incidental to twisting, 13
wrapping, weaving, extending, locking, or braiding hair; 14
3. The use of topical agents such as conditioners, gels, moisturizers, oils, 15
pomades, and shampoos; and 16
4. The making of wigs from natural hair, natural fibers, synthetic fibers, 17
and hair extensions. 18
(c) "Natural hair braiding" does not include: 19
1. The application of dyes, reactive chemicals, or other preparation to alter 20
the color of the hair or to straighten, curl, or alter the structure of the 21
hair; or 22
2. The use of chemical hair joining agents such as synthetic tape, keratin 23
bonds, or fusion bonds. 24
(d) For the purposes of this subsection, "mechanical devices" means clips, combs, 25
curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair 26
binders; 27 UNOFFICIAL COPY 25 RS BR 41
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(23)[(20)] (a) "Shampoo and style services" means beautifying, cleaning, or arranging 1
the hair of an individual for consideration only at a limited beauty salon or 2
mobile limited beauty salon. 3
(b) "Shampoo and style services" includes any of the following services 4
performed on an individual's hair: 5
1. Arranging; 6
2. Cleaning; 7
3. Curling; 8
4. Dressing; 9
5. Blow drying; or 10
6. Performing any other similar procedure. 11
(c) "Shampoo and style services" does not include any service that: 12
1. Is popularly known as a Brazilian blowout; 13
2. Includes color services, cutting, lightening, or chemically treating hair; 14
or 15
3. Otherwise falls under the practice of cosmetology, except as authorized 16
in paragraph (b) of this subsection; and 17
(24)[(21)] "Threading" means the process of removing hair from below the eyebrow by 18
use of a thread woven through the hair to be removed. 19
Section 8. KRS 317A.020 is amended to read as follows: 20
(1) No person shall engage in the practice of cosmetology, esthetic practices, or nail 21
technology for other than cosmetic purposes nor shall any person engage in the 22
practice of cosmetology, esthetic practices, or nail technology for the treatment of 23
physical or mental ailments. This chapter does not apply to: 24
(a) Persons authorized by the law of this state to practice medicine, podiatry, 25
optometry, dentistry, chiropractic, nursing, or embalming who perform 26
incidental practices of cosmetology, esthetic practices, and nail technology in 27 UNOFFICIAL COPY 25 RS BR 41
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the normal course of the practice of their profession; 1
(b) Commissioned medical or surgical personnel of the United States Armed 2
Forces who perform incidental practices of cosmetology, esthetic practices, or 3
nail technology in the course of their duties; 4
(c) Cosmetology, esthetic practices, or nail technology services performed at an 5
institution operated or under contract to the Department of Corrections or the 6
Department of Juvenile Justice; and 7
(d) Persons engaged in natural hair braiding. 8
(2) Except as provided in subsection (1) of this section, no person shall engage in the 9
practice of cosmetology, esthetic practices, or nail technology for the public, 10
generally, or for consideration without the appropriate license required by this 11
chapter. 12
(3) No person unless duly and properly licensed pursuant to this chapter shall: 13
(a) Teach cosmetology, esthetic practices, or nail technology; 14
(b) Operate a beauty salon or mobile beauty salon; 15
(c) Operate an esthetic salon or mobile esthetic salon; 16
(d) Act as an esthetician; 17
(e) Operate a nail salon or mobile nail salon; 18
(f) Act as a nail technician;[ or] 19
(g) Conduct or operate a school for cosmetologists, estheticians, or nail 20
technicians; or 21
(h) Operate any of the mobile salons identified in this subsection without first 22
notifying the board of its location or change in location pursuant to KRS 23
317A.065 and subsection (6) of Section 10 of this Act. 24
(4) No person shall aid or abet any person in violating this section, nor shall any person 25
engage or employ for consideration any person to perform any practice licensed by 26
this chapter unless the person to perform the practice holds and displays the 27 UNOFFICIAL COPY 25 RS BR 41
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appropriate license. 1
(5) No licensed cosmetology or esthetic practices instructors, licensed cosmetologists, 2
licensed estheticians, or licensed nail technicians shall hold clinics for teaching or 3
demonstrating for personal profit, either monetary or otherwise, if the clinics are not 4
sponsored by a recognized professional cosmetologist's, esthetician's, or nail 5
technician's group. 6
(6) Whenever a person engages in different practices separately licensed, certified, or 7
permitted by this chapter, that person shall procure a separate license, certificate, or 8
permit for each of the practices in which the person engages. 9
(7) The board shall: 10
(a) Govern all issues related to this chapter; 11
(b) Investigate alleged violations brought to its attention, conduct investigations, 12
and schedule and conduct administrative hearings in accordance with KRS 13
Chapter 13B to enforce the provisions of this chapter and administrative 14
regulations promulgated pursuant to this chapter; 15
(c) Administer oaths, receive evidence, interview persons, and require the 16
production of books, papers, documents, or other evidence;[ and] 17
(d) Have the authority to take emergency action affecting the legal rights, duties, 18
privileges, or immunities of named persons without a hearing to stop, prevent, 19
or avoid an immediate danger to the public health, safety, or welfare, in 20
accordance with KRS 13B.125(1), subject to the following: 21
1. An emergency order shall be based upon verified probable cause or 22
substantial evidence, documented by the board, that the emergency 23
order is in the interest of public health, welfare, and safety of any 24
customer, patient, or the general public; and 25
2. Upon the issuance of an emergency order, the board shall comply with 26
the administrative hearing procedures in KRS 13B.125(3) to determine 27 UNOFFICIAL COPY 25 RS BR 41
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the reinstatement of operations of the licensed facility; and 1
(e) Establish on its website a system for a licensed mobile salon to: 2
1. Submit to the board a weekly itinerary detailing the locations at which 3
it will offer services; and 4
2. Notify the board of any changes in its location or itinerary. 5
(8) Unless a documented and verified violation creates an immediate and present 6
danger to the health and safety of the public, a warning notice shall be first issued 7
prior to imposing incremental punitive action against an otherwise lawful salon. 8
The warning notice shall include a specific and detailed description of the violation 9
and the specific remediation required to bring the salon into compliance. 10
(9) The board may: 11
(a) Bring and maintain actions in its own name to enjoin any person in violation 12
of any provision of this chapter. These actions shall be brought in the Circuit 13
Court of the county where the violation is alleged to have occurred; and 14
(b) Refer violations of this chapter to county attorneys, Commonwealth's 15
attorneys, and to the Attorney General. 16
(10) Nothing in this section shall be construed to prohibit an instructor, student, 17
cosmetologist, or nail technician from using callus graters for callus removal, and 18
the board shall not promulgate any administrative regulation prohibiting the use of 19
callus graters for callus removal. 20
Section 9. KRS 317A.030 is amended to read as follows: 21
(1) There is created an independent agency of the state government to be known as the 22
Kentucky Board of Cosmetology, which shall have complete supervision over the 23
administration of the provisions of this chapter relating to cosmetology, 24
cosmetologists, schools of cosmetology, or esthetic practices or nail technology, 25
students, estheticians, nail technicians, instructors of cosmetology, instructors of 26
esthetic practices,[ or] instructors of nail technology, cosmetology salons, esthetic 27 UNOFFICIAL COPY 25 RS BR 41
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salons, [and ]nail salons, mobile beauty salons, mobile esthetic salons, and mobile 1
nail salons. 2
(2) The board shall be composed of seven (7) members appointed by the Governor as 3
follows: 4
(a) Four (4) of the members shall have been cosmetologists five (5) years prior to 5
their appointment and shall reside in Kentucky: 6
1. Two (2) of whom shall be cosmetology salon owners; 7
2. One (1) of whom shall be a cosmetology teacher in public education and 8
shall not own any interest in a cosmetology salon; and 9
3. One (1) of whom shall be an owner of or one who shall have a financial 10
interest in a licensed cosmetology school and shall be a member of a 11
nationally recognized association of cosmetologists; 12
(b) One (1) member shall be a licensed nail technician; 13
(c) One (1) member shall be a licensed esthetician; 14
(d) One (1) member shall be a citizen at large who is not associated with or 15
financially interested in the practices or businesses regulated; and 16
(e) None of whom nor the executive director shall be financially interested in, or 17
have any financial connection with, wholesale cosmetic supply or equipment 18
businesses. 19
At all times in the filling of vacancies of membership on the board, this balance of 20
representation shall be maintained. 21
(3) Appointments shall be for a term of two (2) years, ending on February 1. 22
(4) The Governor shall not remove any member of the board except for cause. 23
(5) The board shall elect from its members a chair, a vice chair, and a secretary. 24
(6) Four (4) members shall constitute a quorum for the transaction of any board 25
business. 26
(7) Each member of the board shall receive one hundred dollars ($100) per day for each 27 UNOFFICIAL COPY 25 RS BR 41
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day of attendance at board meetings, and shall be reimbursed for necessary 1
traveling expenses and necessary expenses incurred in the performance of duties 2
pertaining to official business of the board. 3
(8) The board shall hold meetings at the place in the state and at the times deemed 4
necessary by the board to discharge its duties. 5
Section 10. KRS 317A.050 is amended to read as follows: 6
(1) All applicants for licensure under this chapter shall meet the following minimum 7
requirements: 8
(a) Be of good moral character and temperate habit; 9
(b) Be at least eighteen (18) years of age; 10
(c) Have a high school diploma, a High School Equivalency Diploma, or results 11
from the Test for Adult Basic Education indicating a score equivalent to the 12
twelfth grade of high school; and 13
(d) Have submitted the completed application along with the required license fee 14
as set forth in administrative regulation. 15
(2) Notwithstanding any provision to the contrary, the board may refuse to grant a 16
license to any applicant who fails to comply with the provisions of this chapter or 17
any administrative regulations promulgated by the board. 18
(3) The board shall issue a cosmetologist license to any person who: 19
(a) Has official certification from the state board or agency that certifies 20
cosmetology schools that the applicant has graduated from a licensed school 21
of cosmetology requiring one thousand five hundred (1,500) hours within five 22
(5) years of enrolling within the school; and 23
(b) Has satisfactorily passed an examination prescribed by the board to determine 24
fitness to practice cosmetology. 25
(4) The board shall issue an esthetician license to any person who: 26
(a) Has satisfactorily completed seven hundred fifty (750) hours of instruction in 27 UNOFFICIAL COPY 25 RS BR 41
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a licensed school approved by the board; and 1
(b) Has received a satisfactory grade on an examination prescribed by the board 2
to determine fitness to practice as an esthetician. 3
(5) The board shall issue a license to act as a nail technician to any person who: 4
(a) Has official certification from the state board or agency that certifies 5
cosmetology schools that the applicant has completed satisfactorily a nail 6
technician course of study of four hundred fifty (450) hours in a licensed 7
school of cosmetology within five (5) years of submitting an application for 8
licensure; and 9
(b) Has satisfactorily passed an examination prescribed by the board to determine 10
fitness to practice as a nail technician. 11
(6) The board shall issue a license to operate a salon or mobile beauty salon as follows: 12
(a) The board shall issue a license to operate a beauty salon or mobile beauty 13
salon to any licensed cosmetologist. An owner who is not a licensed 14
cosmetologist shall have a licensed cosmetologist as manager of the beauty 15
salon at all times. If the owner, manager, or location of a beauty salon or 16
mobile beauty salon changes, the required form and fee shall be submitted to 17
the board. 18
(b) The board shall issue a license to operate an esthetic salon or mobile esthetic 19
salon to any licensed esthetician. An owner who is not a licensed esthetician 20
shall have a licensed esthetician or cosmetologist as manager of the esthetic 21
salon at all times. If the owner, manager, or location of an esthetic salon or 22
mobile esthetic salon changes, the required form and fee shall be submitted to 23
the board. 24
(c) The board shall issue a license to operate a nail salon or mobile nail salon to 25
any licensed nail technician. An owner who is not a licensed nail technician 26
shall have a licensed nail technician or cosmetologist as manager of the nail 27 UNOFFICIAL COPY 25 RS BR 41
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salon at all times. If the owner, manager, or location of a nail salon or mobile 1
nail salon changes, the required form and fee shall be submitted to the board. 2
(7) The board shall issue an instructor training certificate to train to be an instructor in 3
cosmetology, esthetic practices, or nail technology to any person who: 4
(a) Has held a current cosmetologist, esthetician, or nail technician license for at 5
least one (1) year; and 6
(b) Has submitted an application that has been signed by the owners of the school 7
in which the applicant will study. The course of instruction shall be for a 8
period of seven hundred fifty (750) hours and not less than four and one-half 9
(4.5) months at one (1) school providing this instruction. The school owner 10
shall verify to the board the completion of seven hundred fifty (750) hours. 11
For out-of-state verification, an applicant shall provide official certification 12
from the board or agency that certifies schools in that other state of licensure 13
verifying the applicant has completed a course of instruction consisting of at 14
least seven hundred fifty (750) hours and not less than four and one-half (4.5) 15
months at one (1) school providing the instruction. 16
(8) The board shall issue a license to teach cosmetology to any person who: 17
(a) Has held a current cosmetologist license and an instructor training certificate 18
for at least four and one-half (4.5) months; and 19
(b) Has satisfactorily passed the examination for the teaching of cosmetology as 20
prescribed by the board. 21
(9) The board shall issue a license to teach esthetic practices to any person who: 22
(a) Has held a current esthetician license and an instructor training certificate for 23
at least four and one-half (4.5) months; 24
(b) Has completed fifty (50) hours in esthetics training within the last two (2) 25
years; and 26
(c) Has satisfactorily passed the examination for the teaching of esthetic practices 27 UNOFFICIAL COPY 25 RS BR 41
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as prescribed by the board. 1
(10) The board shall issue a license to teach nail technology to any person who: 2
(a) Has held a current nail technician license and an instructor training certificate 3
for at least four and one-half (4.5) months; 4
(b) Has completed fifty (50) hours in nail technology training within the last two 5
(2) years; and 6
(c) Has satisfactorily passed the examination for the teaching of nail technology 7
as prescribed by the board. 8
(11) (a) If the requirements of KRS 317A.090 have been satisfied, the board shall 9
issue a license to operate a school of cosmetology or a school of esthetic 10
practices or a school of nail technology to any person who has as manager at 11
all times a person who is: 12
1. Licensed as an instructor; 13
2. Charged with the responsibility of ensuring that all applicable statutes 14
and administrative regulations are complied with; and 15
3. Responsible for having a sufficient number of licensed instructors of 16
cosmetology or esthetic practices or nail technology to conduct the 17
school. 18
(b) Any student enrolling in the school shall pay the fee set forth in administrative 19
regulation to the board before enrollment in the school shall be allowed. 20
(c) The transfer of any license to operate a school of cosmetology or esthetic 21
practices or nail technology shall require the board's approval and shall 22
become effective upon submitting the required form and fee to the board. 23
(12) (a) The board shall issue a license to provide shampoo and style services to any 24
person who: 25
1. Has passed an examination prescribed by the board to determine fitness 26
to perform shampoo and style services; 27 UNOFFICIAL COPY 25 RS BR 41
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2. Has completed at least three hundred (300) hours of instruction from a 1
licensed school of cosmetology; and 2
3. Has met any other reasonable criteria established in administrative 3
regulations promulgated by the board. 4
(b) The board shall issue a license to operate a limited beauty salon to any person: 5
1. Who is licensed to provide shampoo and style services or who employs 6
at least one (1) person licensed to provide shampoo and style services at 7
the limited beauty salon; and 8
2. Whose limited beauty salon facility complies with standards established 9
in administrative regulations promulgated by the board. 10
(13) Licenses established under this chapter shall be valid for a period of time to be 11
established by the board through the promulgation of administrative regulations. 12
(14) Licenses and permits issued by the board may be renewed beginning July 1 through 13
July 31 of each year. 14
(a) Any license shall automatically be renewed by the board: 15
1. Upon submission and receipt of the application for renewal and the 16
required annual license fee; and 17
2. If the application for renewal is otherwise in compliance with the 18
provisions of this chapter and the administrative regulations of the 19
board. 20
(b) Any license application postmarked after July 31 shall be considered expired, 21
and the appropriate restoration fee as required by administrative regulation of 22
the board shall apply. 23
(15) The requirements for a new license for any person whose license has expired for a 24
period exceeding five (5) years shall be as follows: 25
(a) Cosmetologists shall retake and pass both the practical and theory 26
examination; 27 UNOFFICIAL COPY 25 RS BR 41
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(b) Estheticians shall retake and pass both the practical and theory examination; 1
(c) Instructors of cosmetology or esthetic practices shall retake and pass both the 2
practical and theory examination; 3
(d) Nail technicians shall retake and pass the practical and theory examination; 4
(e) Providers of shampoo and style services shall retake and pass both the 5
practical and theory examination; and 6
(f) The appropriate restoration fee as set forth in administrative regulation of the 7
board shall be required. 8
(16) Guest artists or demonstrators appearing and demonstrating before persons other 9
than licensed cosmetologists, estheticians, nail technicians, and providers of 10
shampoo and style services shall apply for a permit that shall be in effect for ten 11
(10) days. Guest artists performing before a nonprofit, recognized professional 12
cosmetologists', estheticians', or cosmetology school or shampoo and style services' 13
or nail technicians' group shall apply for a permit, but shall not be required to pay 14
the fee. 15
(17) The board shall issue a permit for threading and may promulgate administrative 16
regulations that set out requirements for the practice of threading. Threading shall 17
be conducted in a licensed beauty salon or a facility with a permit to engage in 18
threading, and the board may promulgate administrative regulations for facilities 19
and the required sanitation standards. The permit shall be valid for a period of one 20
(1) year. 21
(18) The board shall issue a permit for eyelash artistry and may promulgate 22
administrative regulations that set out the requirements for the practice of eyelash 23
artistry. Eyelash artistry shall be conducted in a licensed beauty salon or a facility 24
with a permit to engage in eyelash artistry, and the board may promulgate 25
administrative regulations for facilities, education, and the required sanitation 26
standards. The permit shall be valid for a period of one (1) year. 27 UNOFFICIAL COPY 25 RS BR 41
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(19) The board shall issue a permit for makeup artistry and may promulgate 1
administrative regulations that set out requirements for the practice of makeup 2
artistry and required sanitation standards. The permit shall be valid for a period of 3
one (1) year. 4
(20) (a) The board may issue a permit for temporary event services to a Kentucky-5
licensed cosmetologist, esthetician, limited stylist, or nail technician and shall 6
promulgate administrative regulations that set out requirements for issuance 7
of a temporary event services permit including: 8
1. Sanitation standards; 9
2. Criteria for events that qualify; 10
3. Application requirements and fees; and 11
4. Any other requirements necessary to protect the public health and 12
safety. 13
(b) The temporary event services permit shall be valid only for the specific dates 14
and locations requested. 15
(c) No person other than a Kentucky-licensed cosmetologist, esthetician, limited 16
stylist, or nail technician shall perform services at a temporary event services 17
location, and no licensee shall perform services other than those authorized by 18
his or her respective license pursuant to KRS 317A.020. 19
(d) The Kentucky-licensed cosmetologist, esthetician, limited stylist, or nail 20
technician holding a temporary event services permit shall be liable for any 21
violation of KRS Chapter 317A or administrative regulations promulgated 22
under KRS Chapter 317A that occurs at the temporary event services location. 23
Section 11. KRS 317A.060 is amended to read as follows: 24
(1) The board shall promulgate administrative regulations including but not limited to 25
administrative regulations that: 26
(a) Protect the health and safety of the public, including inspection criteria for 27 UNOFFICIAL COPY 25 RS BR 41
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mobile salons; 1
(b) Protect the public against incompetent or unethical practice, 2
misrepresentation, deceit, or fraud in the practice or teaching of beauty 3
culture; 4
(c) Set standards for the operation of the schools, [and ]salons, and mobile 5
salons; 6
(d) Protect the students under this chapter; 7
(e) Set standards for the location and housing of beauty salons, mobile salons, or 8
cosmetology schools in the state. This subsection does not apply to the 9
instructional programs in cosmetology in the state area vocational and 10
technical schools; 11
(f) Set standards for the quantity and quality of equipment, supplies, materials, 12
records, and furnishings required in beauty salons, esthetic salons, nail salons, 13
mobile salons, and cosmetology, esthetic practices, and nail technology 14
schools; 15
(g) Establish the qualifications of instructors of cosmetology, instructors of 16
esthetic practices, instructors of nail technology, and apprentice teachers; 17
(h) Establish requirements for the hours and courses of instruction at cosmetology 18
schools and esthetic practices schools and nail technology schools; 19
(i) Establish requirements for the examinations of applicants for licenses; 20
(j) Establish the requirements for the proper education and training of students; 21
(k) Address the course and conduct of school owners, instructors, instructor 22
training certificate holders, licensed cosmetologists, estheticians, nail 23
technicians, beauty salons, esthetic salons, nail salons, cosmetology schools, 24
schools of esthetic practices, and schools of nail technology;[ and] 25
(l) Establish a code of ethics for persons licensed by the board; and 26
(m) Establish sanitation and inspection criteria for mobile salons regulated in 27 UNOFFICIAL COPY 25 RS BR 41
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Sections 7, 8, 9, 10, and 11 of this Act. 1
(2) Administrative regulations pertaining to health and sanitation shall be approved by 2
the Cabinet for Health and Family Services before becoming effective. 3