317A.010 Definitions for chapter.
As used in this chapter, unless the context requires otherwise:
(1) "Cosmetologist" means a person who engages in the practice of cosmetology for the
public generally or for consideration, regardless of the name under which the
practice is conducted;
(2) "Cosmetology" means the practice upon the human neck and head, principally of
the human female, of cutting hair, permanent waving, hairdressing, and marcelling,
but may also include:
(a) Nail technology and finger waving;
(b) Giving facial and scalp massage or treatments with oils, creams, lotions, or
other preparations, either by hand or any contrivance;
(c) Singeing, shampooing, pressing, arranging, tinting, or bleaching the hair, or
applying hair tonics;
(d) Applying to the neck or head, cosmetics, lotions, powders, oils, clays, or other
preparations;
(3) "Beauty salon" means any establishment in which the practice of cosmetology is
conducted for the general public or for consideration;
(4) "Nail technology" means the practice of cutting, trimming, polishing, coloring,
cleansing, applying artificial nails, or massaging, cleaning, treating, or beautifying
the hands and feet of any human, for which a license is required by this chapter;
(5) "Nail technician" means a person who practices nail technology for the general
public or for consideration;
(6) "Nail salon" means any establishment in which the practice of nail technology only
is conducted for the general public or for consideration;
(7) "Cosmetologist board" or "board" means the Kentucky Board of Hairdressers and
Cosmetologists; and
(8) "Cosmetology school" or "school of cosmetology" means any operation, place, or
establishment, licensed pursuant to KRS 317A.050, in or through which persons are
trained or taught the practice of cosmetology and nail technology.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 82, sec. 1, effective July 15, 1996. -- Created
1974 Ky. Acts ch. 354, sec. 1.
317A.020 Scope of chapter -- Licensure requirements.
(1) No person shall engage in the practice of cosmetology or nail technology for other
than cosmetic purposes nor shall any person engage in the practice of cosmetology
or nail technology for the treatment of physical or mental ailments. The provisions
of this chapter do not apply to:
(a) Persons authorized by the law of this state to practice medicine, podiatry,
optometry, dentistry, chiropractic, nursing, or embalming who perform
incidental practices of cosmetology and nail technology in the normal course
of the practice of their profession; and
(b) Commissioned medical or surgical personnel of the United States Army,
Navy, Air Force, or Marine Hospital Service who perform incidental practices
of cosmetology or nail technology in the course of their duties.
(2) Except as provided in subsection (1) of this section, no person shall engage in the
practice of cosmetology or nail technology for the public, generally, or for
consideration without the appropriate license required by this chapter.
(3) No person unless duly and properly licensed pursuant to this chapter shall:
(a) Teach cosmetology or nail technology;
(b) Operate a beauty salon;
(c) Engage in a cosmetology apprenticeship;
(d) Operate a nail salon;
(e) Act as a nail technician; or
(f) Conduct or operate a school for cosmetologists or nail technicians.
(4) No person shall aid or abet any person in violating the provisions of this section, nor
shall any person engage or employ for consideration any person to perform any
practice licensed by this chapter unless the person to perform the practice holds and
displays the appropriate license.
(5) No licensed cosmetology instructors, licensed cosmetologists, or licensed nail
technicians shall hold clinics for teaching or demonstrating for personal profit,
either monetary or otherwise, if the clinics are not sponsored by a recognized
professional hairdresser's, cosmetologist's, or nail technician's group.
(6) Whenever a person engages in different practices separately licensed by the
provisions of this chapter, that person shall procure a separate license for each of the
practices in which he engages.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 82, sec. 2, effective July 15, 1996. -- Created
1974 Ky. Acts ch. 354, sec. 2.
317A.030 Cosmetology board -- Membership -- Compensation.
(1) There is created an independent agency of the state government to be known as the
Kentucky Board of Hairdressers and Cosmetologists, which shall have complete
supervision over the administration of the provisions of this chapter relating to
cosmetology, cosmetologists, schools of cosmetology, students enrolled in
cosmetology, apprentice cosmetologists, nail technicians, teachers of cosmetology,
cosmetology salons, and nail salons.
(2) The cosmetologist board shall be composed of five (5) members appointed by the
Governor:
(a) Four (4) of the members shall have been cosmetologists five (5) years prior to
their appointment and shall reside in Kentucky;
(b) Two (2) of whom shall be cosmetology salon owners;
(c) One (1) of whom shall be a cosmetology teacher in public education and shall
not own any interest in a cosmetology salon;
(d) One (1) of whom shall be an owner of or one who shall have a financial
interest in a licensed cosmetology school and shall be a member of a
nationally-recognized association of hairdressers and cosmetologists;
(e) One (1) member shall be a citizen at large who is not associated with or
financially interested in the practices or businesses regulated; and
(f) None of whom nor the administrator shall be financially interested in, or have
any financial connection with, wholesale cosmetic supply or equipment
businesses.
At all times in the filling of vacancies of membership on the board, this balance of
representation shall be maintained.
(3) Appointments shall be for a term of two (2) years, except that of the members
appointed after July 15, 1998, two (2) members appointed to fill the terms expiring
July 1, 1999, shall serve until February 1, 2000; and three (3) members appointed to
fill the terms expiring July 1, 2000, shall serve until February 1, 2001; and
subsequent appointments shall be for two (2) year terms ending on February 1.
(4) The Governor shall not remove any member of the board except for cause.
(5) The board shall elect from its members a chairman, a vice chairman, and a
secretary.
(6) Three (3) members shall constitute a quorum for the transaction of any board
business.
(7) Each member of the board shall receive one hundred dollars ($100) per day for each
day of attendance at board meetings, and shall be reimbursed for necessary traveling
expenses and necessary expenses incurred in the performance of duties pertaining to
official business of the board.
(8) The board shall hold meetings at the place in the state and at the times deemed
necessary by the board to discharge its duties.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 194, sec. 8, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 82, sec. 3, effective July 15, 1996. -- Amended 1990 Ky. Acts
ch. 139, sec. 1, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 111, sec. 136,
effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 390, sec. 1, effective July 15,
1980. -- Amended 1976 Ky. Acts ch. 206, sec. 12. -- Created 1974 Ky. Acts ch. 354,
sec. 3.
317A.040 Board personnel -- Administration.
(1) The cosmetology board may employ inspectors and such other personnel as may be
reasonably necessary to carry out the provisions of this chapter, whose
compensations shall be established within budgetary limits by the Personnel
Cabinet;
(2) The cosmetology board shall by appropriate order employ an administrator who
shall be charged with the responsibility of administering the provisions of this
chapter, and the policies and regulations of the board relating to hairdressing and
cosmetology;
(3) No person shall be employed as an administrator unless he is a licensed
cosmetologist;
(4) The administrator may receive a salary of $7,500 per annum, or such compensation
as may be established by classification of the position by the Personnel Cabinet;
(5) The cosmetology board shall publish and distribute copies of its rules and
regulations and revisions thereof to all persons licensed by it and to such other
persons, places, or agencies as may be required by law or deemed by it reasonably
necessary to the administration of the provisions of this chapter, but such
publications shall be clearly marked, stamped or printed "Informational Copy."
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 154, sec. 91, effective July 15, 1998. -- Amended
1984 Ky. Acts ch. 111, sec. 137, effective July 13, 1984. -- Created 1974 Ky. Acts
ch. 354, sec. 4.
317A.050 Fees and qualifications for licenses.
(1) The cosmetologist board shall issue an apprentice cosmetologist license to any
person who:
(a) Is of good moral character and temperate habit;
(b) Is at least sixteen (16) years of age;
(c) Has at least two (2) years' high school education or its equivalent;
(d) Has graduated from a licensed school of cosmetology;
(e) Has passed an examination prescribed by the board to determine fitness to
practice as an apprentice cosmetologist; and
(f) Has paid a fee of twelve dollars ($12).
(2) The cosmetologist board shall issue a cosmetologist license to any person who:
(a) Has at least two (2) years' high school education, or its equivalent;
(b) Has practiced as a licensed cosmetology apprentice for at least six (6) months
under the immediate supervision of a licensed cosmetologist;
(c) Has satisfactorily passed an examination prescribed by the board to determine
fitness to practice cosmetology; and
(d) Has paid a fee of fifteen dollars ($15).
(3) The cosmetologist board shall issue a license to act as a nail technician to any
person who:
(a) Is of good moral character and temperate habit;
(b) Has completed satisfactorily a nail technician course of study of six hundred
(600) hours in a licensed school of cosmetology;
(c) Has satisfactorily passed an examination prescribed by the board to determine
fitness to practice as a nail technician;
(d) Has two (2) years of high school education or its equivalent; and
(e) Has paid a fee of twelve dollars ($12).
(4) (a) The cosmetologist board shall issue a license to operate a beauty salon to any
licensed cosmetologist upon receipt of the completed application,
accompanied by a fee of twenty-five dollars ($25). The board may refuse to
issue a license if the applicant fails to comply with the provisions of this
chapter or the administrative regulations promulgated by the board. If an
owner is not a licensed cosmetologist, he shall have a licensed cosmetologist
manage the beauty salon at all times. A new license shall be purchased if the
salon's owner, manager, or location changes.
(b) The cosmetologist board shall issue a license to operate a nail salon to any
licensed nail technician upon receipt of the completed application and
payment of a fee of twenty-five dollars ($25). The board may refuse to issue a
license if the applicant fails to comply with the provisions of this chapter or
administrative regulations promulgated by the board pursuant to this chapter.
An owner who is not a licensed nail technician shall have a licensed nail
technician or cosmetologist as manager of the nail salon at all times. If the
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owner, manager, or location of a nail salon changes, a new license shall be
purchased.
(c) Any person who leases or rents space in a beauty salon or nail salon shall be
considered an independent owner and shall meet the qualifications for the
respective salon owner as set out in paragraphs (a) and (b) of this subsection.
(5) The cosmetologist board shall issue an apprentice license to teach cosmetology to
any person who:
(a) Has paid a fee of twenty-five dollars ($25);
(b) Has a high school education and one (1) year experience as a licensed
cosmetologist; and
(c) Has submitted an application that has been signed by the owners of the school
in which the applicant will study. The course of instruction shall be for a
period of one thousand (1,000) hours and not less than six (6) months at one
(1) school providing this instruction. The school owner shall certify to the
board the completion of one thousand (1,000) hours.
(6) The cosmetologist board shall issue a license to teach cosmetology to any person
who:
(a) Is of good moral character and temperate habit;
(b) Has a high school education;
(c) Has held an apprentice instructor license for at least six (6) months;
(d) Has satisfactorily passed the examination for the teaching of cosmetology as
prescribed by the board; and
(e) Has paid a fee of thirty-five dollars ($35).
(7) The cosmetologist board may issue a license to operate a school of cosmetology to
any person who:
(a) Has complied with the administrative regulations promulgated by the board
including, but not limited to, administrative regulations governing the
necessary equipment, supplies, and facilities;
(b) Has furnished proof to the board that the school of cosmetology is needed,
that he is otherwise qualified to operate a school of cosmetology, and that he
intends to establish a bona fide school for the education and training of
competent cosmetologists and that he will employ a sufficient number of
licensed instructors of cosmetology to conduct the school;
(c) That the licensee shall have as manager at all times a person licensed as an
instructor who will be charged with the responsibility of having a sufficient
number of licensed instructors of cosmetology to conduct the school. The
designated manager shall be approved by the board before a license may be
issued;
(d) Complies with the administrative regulations promulgated by the board
including, but not limited to, those regarding courses, curriculum, and hours
of instruction;
(e) Otherwise complies with this chapter;
(f) Has paid a fee of one thousand dollars ($1,000);
(g) Has been a resident of Kentucky for five (5) years, if the applicant is an
individual. If the applicant is a firm or corporation, it shall be a Kentucky
corporation or licensed or qualified to do business in Kentucky and shall have
been in existence for a period of at least five (5) years;
(h) Any student enrolling in the school shall pay a fee of five dollars ($5) to the
board before enrollment in the school shall be allowed; and
(i) The transfer of any license to operate a school of cosmetology shall require the
board's approval and shall become effective upon filing a new application
with the board and paying a fee of one thousand dollars ($1,000).
(8) Licenses issued by the board shall be renewed upon receipt, beginning July 1
through July 31 of each year. Beginning July 1, 1997, any license shall be renewed
by the board upon receipt, if the applicant has provided proof of continuing
education as determined by the board by promulgation of an administrative
regulation. Cosmetology instructors shall provide proof of eight (8) clock hours of
continuing education, and cosmetologists and nail technicians shall provide proof of
six (6) clock hours of continuing education. The application for renewal shall be
completed in full and accompanied by the appropriate renewal fee required by
subsection (9) of this section. Applications for renewal shall comply with the
provisions of this chapter and the administrative regulations promulgated by the
board. Any license application received or postmarked after July 31 shall be
considered expired and the appropriate restoration fee required by subsection (11)
of this section shall apply. The administrative regulations established under this
subsection shall allow continuing education credit to be awarded for educational
programs sponsored by professional and trade groups that are presented as part of
the trade show agenda, upon the professional or trade group or the program's
sponsor making application to the board. Programs that focus on specific or brandname
products or promote or advertise a particular product shall be approved for
continuing education credit if they, except for the use of specific or brand-name
products, meet the criteria required for continuing education programs that use
generic products.
(9) The annual renewal license fee for each type of license renewal shall be as follows:
(a) Apprentice cosmetologist -- $10;
(b) Cosmetologist -- $12;
(c) Nail technician -- $10;
(d) Beauty salon -- $15;
(e) Nail salon -- $15;
(f) Apprentice instructor of cosmetology -- $15;
(g) Instructor of cosmetology -- $25; and
(h) Cosmetology school -- $100.
(10) Applications for examinations required by this section shall be accompanied by an
examination fee as follows:
Page 3 of 5
(a) Apprentice cosmetologist -- $25;
(b) Cosmetologist -- $35;
(c) Nail technician --$35;
(d) Instructor of cosmetology -- $50;
(e) Cosmetologist out-of-state -- $75;
(f) Instructor out-of-state -- $150; and
(g) Where examination is not required by the board -- $50.
(11) The fee for the restoration of an expired license where the period of expiration does
not exceed five (5) years from date of expiration, shall be as follows:
(a) Apprentice cosmetologist -- $50;
(b) Cosmetologist -- $50;
(c) Nail technician -- $50;
(d) Beauty salon -- $50;
(e) Nail salon -- $50;
(f) Cosmetology school -- $500;
(g) Instructor -- $75; and
(h) Apprentice instructor -- $50.
(12) The requirements for a new license for any person whose license has expired for a
period exceeding five (5) years shall be as follows:
(a) Cosmetologists shall retake and pass the practical examination only;
(b) Apprentice cosmetologists shall complete one hundred fifty (150) additional
hours training in a licensed school of cosmetology and pass the prescribed
examination;
(c) Instructors of cosmetology shall retake and pass both the practical and science
examination;
(d) Nail technicians shall retake and pass the practical examination, only; and
(e) The appropriate restoration fee as set forth in subsection (11) of this section
shall be required.
(13) Guest artists or demonstrators appearing and demonstrating before persons other
than licensed hairdressers, cosmetologists, and nail technicians shall pay a fee of
thirty-five dollars ($35) for a permit that shall be in effect for ten (10) days. Guest
artists performing before a nonprofit, recognized professional hairdressers,
cosmetologists, and nail technicians group shall not be required to pay the fee.
(14) The board shall issue an inactive license to any person licensed under subsections
(2), (3), and (6) of this section and in good standing with the board, upon
application and submission of a twelve dollar ($12) fee. An inactive licensee shall
not be required to complete the continuing education requirements contained in
subsection (8) of this section. An inactive license may be restored to active status
upon application to the board. In addition, the board may require the completion of
continuing education not to exceed the amount required for license renewal for one
(1) year. A person who possesses an inactive license shall not engage in the practice
of cosmetology for consideration, but an inactive licensee shall have the same right
to purchase supplies as accorded an active licensee.
(15) The fee for certification shall be five dollars ($5).
(16) The fee for a duplicate license shall be five dollars ($5).
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 96, sec. 3, effective July 13, 2004. -- Amended
1998 Ky. Acts ch. 91, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 82, sec. 4, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 162, sec. 1,
effective March 31, 1988. -- Amended 1982 Ky. Acts ch. 435, sec. 1, effective July
15, 1982. -- Amended 1980 Ky. Acts ch. 202, sec. 1, effective July 15, 1980. --
Created 1974 Ky. Acts ch. 354, sec. 5.
317A.060 Administrative regulations.
(1) The cosmetologist board shall promulgate administrative regulations governing the
operation of any schools and salons of cosmetology and nail technology including,
but not limited to, administrative regulations to protect the health and safety of the
public, to protect the public against misrepresentation, deceit, or fraud in the
practice or teaching of beauty culture, to set standards for the operation of the
schools and salons, and to protect the students under the provisions of this chapter.
The administrative regulations shall also address:
(a) The location and housing of beauty salons or cosmetology schools and the
number of licenses for schools in the state. To this end, the board may make
reasonable divisions and subdivisions of the state. This subsection does not
apply to the instructional programs in cosmetology in the state area vocational
schools;
(b) The quantity and quality of equipment, supplies, materials, records, and
furnishings required in beauty salons, nail salons, or cosmetology schools;
(c) The training and supervision of cosmetology apprentices;
(d) The qualifications of teachers of cosmetology and apprentice teachers of
cosmetology;
(e) The hours and courses of instruction at cosmetology schools;
(f) The examinations of applicants for licenses;
(g) The proper education and training of students; and
(h) The course and conduct of school owners, instructors, apprentice instructors,
licensed cosmetologists, nail technicians, beauty salons, nail salons, and
cosmetology schools.
(2) Administrative regulations pertaining to health and sanitation shall be approved by
the Department for Public Health before becoming effective.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 82, sec. 5, effective July 15, 1996. -- Amended
1980 Ky. Acts ch. 202, sec. 2, effective July 15, 1980. -- Created 1974 Ky. Acts
ch. 354, sec. 6.
Legislative Research Commission Note (7/12/2006). 2005 Ky. Acts ch. 99, sec. 675,
instructs the Reviser of Statutes to correct statutory references to agencies and
officers whose names have been changed in the Act, as it confirms the establishment
of the Cabinet for Health and Family Services. Such a correction has been made in
this section.
317A.062 Administrative regulations establishing fees.
(1) Notwithstanding the provisions of this chapter to the contrary, the cosmetology
board shall promulgate administrative regulations establishing a reasonable
schedule of fees and charges for examinations, for the issuance of licenses, and for
the renewal of licenses issued under this chapter. All such fees, charges, and other
moneys collected by the board, shall be paid into the State Treasury and credited to
a trust and agency fund established under KRS 317A.080. The fees shall be
established pursuant to subsections (2) to (7) of this section.
(2) The following licensing fees may be assessed by the cosmetology board and shall
not exceed the following amounts:
(a) Apprentice cosmetologist ....................................................................... $25.00;
(b) Cosmetologist ......................................................................................... $25.00;
(c) Nail technician....................................................................................... $25.00;
(d) Beauty salon operator ............................................................................. $35.00;
(e) Nail salon operator.................................................................................. $35.00;
(f) Apprentice cosmetology instructor......................................................... $35.00;
(g) Cosmetology instructor........................................................................... $50.00;
(h) School of cosmetology....................................................................... $1,500.00;
(i) Student ........... ........................................................................................ $15.00;
(j) School of cosmetology, transfer of ownership ....................................$1,500.00
(3) The board shall assess the following licensing renewal fees that shall not exceed the
following:
(a) Apprentice cosmetologist ....................................................................... $20.00;
(b) Cosmetologist ......................................................................................... $20.00;
(c) Nail technician license............................................................................ $20.00;
(d) Beauty salon license................................................................................ $25.00;
(e) Nail salon license.................................................................................... $25.00;
(f) Apprentice instructor of cosmetology..................................................... $25.00;
(g) Instructor of cosmetology ....................................................................... $35.00;
(h) Cosmetology school................................................................................$150.00
(4) The cosmetology board shall assess fees for the taking of an examination that shall
not exceed the following:
(a) Apprentice cosmetologist ....................................................................... $75.00;
(b) Cosmetologist ......................................................................................... $75.00;
(c) Nail technician ........................................................................................ $75.00;
(d) Instructor of cosmetology ..................................................................... $100.00;
(e) Cosmetologist out-of-state.................................................................... $120.00;
(f) Instructor out-of-state .............................................................................$200.00
(5) The fee for retaking an examination or any portion of an examination that an
applicant has not successfully completed shall not exceed the following:
(a) Apprentice cosmetologist ....................................................................... $32.00;
(b) Cosmetologist ......................................................................................... $32.00;
(c) Nail technician ........................................................................................ $32.00;
(d) Instructor of cosmetology ....................................................................... $50.00;
(e) Cosmetologist out-of-state...................................................................... $60.00;
(f) Instructor out-of-state .............................................................................$100.00
(6) The fees for the restoration of an expired license where the period of expiration
does not exceed five (5) years from date of expiration shall not exceed the
following:
(a) Apprentice cosmetologist ....................................................................... $75.00;
(b) Cosmetologist ......................................................................................... $75.00;
(c) Nail technician ........................................................................................ $75.00;
(d) Beauty salon............................................................................................ $75.00;
(e) Nail salon .............................................................................................. $75.00;
(f) Cosmetology school.............................................................................. $750.00;
(g) Instructor ............................................................................................ $100.00;
(h) Apprentice instructor ................................................................................$75.00
(7) The following miscellaneous fees may be assessed and shall not exceed the
following:
(a) Guest artists ............................................................................................ $50.00;
(b) Inactive license for cosmetologist, nail technician, and cosmetology
instructor .............................................................................................. $20.00;
(c) Certification fee ...................................................................................... $20.00;
(d) Duplicate license..................................................................................... $25.00;
(e) Continuing education provider application .......................................... $300.00;
(f) Where a reciprocity application required by the board...........................$100.00
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 96, secs. 2 and 5, effective July 13, 2004.
Legislative Research Commission Note (7/13/2004). This section was created by 2004
Ky. Acts ch. 96, secs. 2 and 5. The text of sec. 2 is identical to the text of the first two
sentences of subsection (1) of sec. 5, and the two sections have been codified
together.
317A.070 Hearings -- Appeals.
(1) The cosmetologist board shall hold hearings upon the request of any person directly
affected by the board's decision to refuse to renew a license or to deny, suspend, or
revoke a license and no license renewal shall be denied nor shall a license be
revoked unless the board in advance of the hearing. The hearing shall be conducted
in accordance with KRS Chapter 13B.
(2) Rulings of the board as a result of any hearing may be appealed to the Franklin
Circuit Court in accordance with KRS Chapter 13B.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 273, effective July 15, 1996. --
Amended 1980 Ky. Acts ch. 202, sec. 3, effective July 15, 1980. -- Created 1974 Ky.
Acts ch. 354, sec. 7.
317A.080 Disposition of fees and charges collected by board.
(1) All fees and charges collected by the cosmetologist board shall be paid into the
State Treasury and credited to a separate revolving or trust and agency fund account
established for the purpose of administering the provisions of this chapter as it
relates to the cosmetologist board. The cost and expenses of administering the
provisions of this chapter including compensation to members of the board and its
officers and employees shall be paid out of the State Treasury upon warrants of the
secretary of the Finance and Administration Cabinet according to law provided that
the total expense of administering these provisions shall not exceed the fees and
other charges collected by the board and available in the revolving or trust and
agency fund account of that board;
(2) All fees and charges collected by the board shall be available for the administration
of the provisions of this chapter as it relates to the board, and for no other purpose.
History: Created 1974 Ky. Acts ch. 74, Art. II, sec. 9(2); and ch. 354, sec. 8.
2004-2006 Budget Reference. See State/Executive Branch Budget, 2005 Ky. Acts
ch. 173, pt. V, A.20., at 3152; and State/Executive Branch Budget Memorandum,
2005 Ky. Acts ch. 170, at 1578 (Final Budget Memorandum, at 7).
317A.090 Requirements for schools.
No license shall be renewed or issued by the cosmetologist board to any cosmetology
school unless such school provides:
(1) As a prerequisite of graduation a prescribed course of instruction of not less than
eighteen hundred (1,800) hours in the case of a cosmetology school to be given
within an uninterrupted period with not more than eight (8) hours nor less than four
(4) hours of instruction a day, exclusive of Sundays; except that in the state area
vocational schools the eighteen hundred (1,800) hours of instruction may be offered
according to the schedule for other vocational classes in the school;
(2) Courses of instruction in histology of the hair, skin, nails, muscles and nerves of the
face and neck; elementary chemistry with emphasis on sterilization and antiseptics,
diseases of the skin, hair and glands, massaging and manipulating of the muscles of
the upper body; cutting, shaving, arranging, dressing, coloring, bleaching and tinting
the hair and such other courses as may be prescribed by regulation of the board;
(3) Such facilities, equipment, materials, and qualified instructors and apprentice
instructors as may be required by rules and regulations of the board adopted
pursuant to this chapter, but in no event shall any cosmetology school have fewer
than one (1) licensed instructor per twenty (20) students;
(4) The fee for the initial license of a beauty school shall be one thousand dollars
($1,000);
(5) No cosmetology school after being licensed for the first time, shall serve the public
until three hundred (300) hours of instruction has been taught;
(6) In compliance with KRS 317A.070 the board may revoke or suspend any license
issued by it if, in the judgment of the board, such school is not following the
requirements as set out in this chapter or such school does not comply with the rules
and regulations promulgated by the board in order to regulate the conduct of the
school and in order to supervise the proper education of the students.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch.188, sec. 259; and ch. 202, sec. 4, effective July
15, 1980. -- Created 1974 Ky. Acts ch. 354, sec. 9.
Legislative Research Commission Note. This section was amended by two 1980 acts
which do not appear to be in conflict and have been compiled together.
317A.100 Reciprocal licensing.
(1) The cosmetologist board may prescribe reasonable rules and regulations pertaining
to the issuance of a license, upon payment of the prescribed license fee, to any
person holding a comparable license issued by another state where the laws of such
state, in the opinion of the cosmetologist board, provide comparable professional
qualification, health and safety standards;
(2) Notwithstanding the provisions of subsection (1) of this section, a license to operate
or practice in this state may be refused or denied a holder of a license issued by
another state if such state does not extend to the holder of a Kentucky license
similar or comparable recognition and opportunity.
History: Created 1974 Ky. Acts ch. 354, sec. 10.
317A.110 Assistance to board.
(1) The principal office of the board created by this chapter shall be located in such
place as will enable the board to have access to records and technical assistance of
the Division of Occupations and Professions;
(2) The Division of Occupations and Professions shall give cooperation and technical
advice and assistance to the board created by this chapter.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 111, sec. 138, effective July 13, 1984. -- Created
1974 Ky. Acts ch. 354, sec. 11.
317A.120 Examinations.
(1) No examination or part of any examination required by this chapter shall be given
unless a quorum of the board is present to supervise such examination;
(2) Examinations given by the board shall cover all phases of the applicant's
qualifications for the license applied for including skill and technique of applicant
as well as scientific and other knowledge;
(3) Examinations shall be given at regularly prescribed intervals but not more
frequently than thirty (30) days;
(4) Examinations shall be given at the principal office of the board.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 111, sec. 139, effective July 13, 1984. -- Created
1974 Ky. Acts ch. 354, sec. 12.
317A.130 Sanitation requirements and prohibited practices.
No instructor, student, cosmetologist, apprentice, or nail technician shall:
(1) Knowingly continue to practice while he has an infectious or communicable
disease;
(2) Fail to provide the head rest of each chair with a relaundered towel or a sheet of
clean paper for each person;
(3) Fail to place around the patron's neck a strip of cotton, towel, or neck strip so that
the haircloth does not come in contact with the patron's skin;
(4) Use on one (1) patron a towel that has been used upon another patron, unless the
towel has been relaundered;
(5) Use on any patron any razor, scissors, tweezers, comb, sachet, rubber disc, or part of
vibrator or other similar equipment or appliance that comes into contact with the
head, face, hands, or neck of a patron, until the equipment or appliance has been
immersed in boiling water for ten (10) minutes or in a sterilizing solution and
placed in a wet or dry sterilizer until again used. Only those methods of sterilization
that are bacteriologically effective and approved by the Department for Public
Health shall be used; or
(6) Use on any patron a liquid nail enhancement product containing monomeric methyl
methacrylate, also known as dental acrylic monomer, for the purpose of creating
artificial nail enhancements in the practice of cosmetology and nail technology.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 437, sec. 1, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 82, sec. 6, effective July 15, 1996. -- Created 1974 Ky. Acts
ch. 354, sec. 13.
Legislative Research Commission Note (7/12/2006). 2005 Ky. Acts ch. 99, sec. 675,
instructs the Reviser of Statutes to correct statutory references to agencies and
officers whose names have been changed in the Act, as it confirms the establishment
of the Cabinet for Health and Family Services. Such a correction has been made in
this section.
317A.140 Grounds for refusal to issue, renew, revoke or suspend license.
(1) The board may refuse to issue or renew a license or may revoke or suspend such
licenses as are issued upon proper showing of applicant's or licensee's:
(a) Conviction of a felony;
(b) Gross malpractice or incompetence;
(c) Mental or physical health that would endanger public health or safety;
(d) False or deceptive practice or misrepresentation including advertising;
(e) Practicing in an unlicensed shop or in a shop knowing that such is not
complying with this chapter or regulations of the board promulgated pursuant
to this chapter;
(f) Immoral or unprofessional conduct;
(g) Teaching in an unlicensed school or in a school knowing that such school is
not complying with this chapter or regulations of the board promulgated
pursuant to this chapter;
(h) Failure to comply with the rules and regulations of the board.
(2) The licensee may have the alternative, subject to approval of the board, to pay in
lieu of part or all of the days of any suspension period a payment of not less than
twenty-five dollars ($25) per day and not to exceed five hundred dollars ($500)
total. The board shall set the amounts of such payments by regulation.
(3) Payments in lieu of suspension collected by the board shall be deposited in the State
Treasury and credited to the general expenditure fund.
(4) The board may require retesting of any licensee upon proper showing of gross
malpractice or incompetence on the part of such licensee.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 202, sec. 5, effective July 15, 1980. -- Created
1974 Ky. Acts ch. 354, sec. 14.
317A.145 Complaint procedure -- Investigation -- Action against violator.
(1) The board shall receive complaints concerning any person licensed under the
provisions of KRS Chapter 317A relating to such licensee's business or professional
practices. Each complaint received shall be placed in a log, recording the licensee's
name, name of complaining party, date of complaint, brief statement of complaint
and its ultimate disposition and shall make such log available for public inspection.
The board shall investigate all complaints concerning any person licensed under the
provisions of KRS Chapter 317A. The board may on its own volition initiate such
an investigation and shall promulgate such rules and regulations necessary for the
administration of the provisions of this section.
(2) If upon investigation there appears to be a violation of the provisions of KRS
Chapter 317A, the board shall take such action as it deems necessary under the
provisions of KRS 317A.140.
Effective: July 15, 1980
History: Created 1980 Ky. Acts ch. 202, sec. 6, effective July 15, 1980.
317A.150 Fee exemptions.
Nothing in this chapter shall supersede KRS 156.010 nor shall any fee be required for any
student enrolling in a program operated by either the State Board for Occupational
Education or the State Department of Education.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 188, sec. 260, effective July 15, 1980. --
Amended 1978 Ky. Acts ch. 155, sec. 83, effective June 17, 1978. -- Created 1974
Ky. Acts ch. 354, sec. 15.
317A.155 Cosmetologists and nail technicians must practice in licensed
establishments -- Services to deceased persons in the care of funeral
establishments.
(1) As used in this section, "funeral establishment" means funeral establishment as
defined in KRS 316.010.
(2) Every person holding an active license from the board as a cosmetologist or nail
technician, with the exception of a nail technician or cosmetologist exclusively
practicing manicuring in a licensed barber shop, shall practice in an establishment
licensed by the board.
(3) Notwithstanding the provisions in subsection (2) of this section, persons holding an
active license from the board as a cosmetologist or nail technician and who practice
in salons licensed by the board shall be permitted to render services for pay, free, or
otherwise, to persons who are deceased and in the care of funeral establishments.
(4) Cosmetologists and nail technicians who render services authorized in subsection
(3) of this section shall have the permission of the owner or administrator of the
establishment where the services are rendered.
Effective: July 15, 2002
History: Created 2002 Ky. Acts ch. 178, sec. 1, effective July 15, 2002.
317A.160 Cosmetologist and nail technician lessees as independent contractors --
Limitation of salon operator's liability.
(1) For purposes of subsection (2) of this section, any person engaged in the practice of
cosmetology or nail technology who leases or rents space at a respective beauty
salon or nail salon from the holder of a license to operate the beauty salon or nail
salon shall be deemed an independent contractor.
(2) The board shall not hold the holder of a license to operate a beauty salon or nail
salon responsible for violations of this chapter, or administrative regulations
promulgated pursuant to this chapter, that are committed by an independent
contractor.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 9, sec. 2, effective July 13, 2004.
317A.990 Penalties.
(1) Any person who violates any provision of this chapter shall be fined not less than
$50 nor more than $500 or imprisoned for not less than ten (10) days nor more than
six (6) months, or both such fine and imprisonment.
(2) Any person who violates any rule or regulation lawfully adopted by the board under
the authority contained in this chapter shall be fined not less than $25 nor more than
$200 or imprisoned for not less than ten (10) days nor more than three (3) months,
or both such fine and imprisonment.
History: Created 1974 Ky. Acts ch. 354, sec. 24.