317B.010 Definitions for KRS 317B.010 to 317B.060.
As used in KRS 317B.010 to 317B.060, unless the context otherwise requires:
(1) "Board" means the Kentucky Board of Hairdressers and Cosmetologists, created in
KRS 317A.030;
(2) "Esthetician" means a person who is licensed by the board to engage in esthetic
practices in the Commonwealth of Kentucky;
(3) (a) "Esthetic practices" means one (1) or more of the following acts:
1. Giving facials, including consultation and skin analysis;
2. Providing makeup artistry, including corrective and camouflage
techniques;
3. Giving skin care;
4. Removing facial hair by tweezing or waxing;
5. Beautifying or cleaning the body with the use of cosmetic preparations,
antiseptics, tonics, lotions, or creams; or
6. Providing preoperative and postoperative esthetic skin care, either
referred by or supervised by a medical professional;
(b) Except when these acts are performed incident to:
1. Treatment of an illness or a disease;
2. Work as a student in a board approved school;
3. Work without compensation from the person receiving the service; or
4. Work performed by a licensed massage therapist; and
(4) "Esthetic salon" means a place where an esthetician performs esthetic practices.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 1, effective June 24, 2003.
317B.015 Prohibited activities -- Applicability of KRS 317B.010 to 317B.060.
(1) Estheticians practicing under KRS 317B.010 to 317B.060 shall not perform any of
the following: Botox or collagen injections, laser treatments, electrolysis, tattoo,
permanent makeup, microdermabrasion, or piercing unless practicing under the
immediate supervision of a licensed physician.
(2) The provisions of KRS 317B.010 to 317B.060 shall not apply to any other person
licensed, certified, or registered under any other chapter of the Kentucky Revised
Statutes, or any student within an accredited training program of any of these
professions. Nothing in KRS 317B.010 to 317B.060 shall be construed to limit,
interfere, or restrict the practice, descriptions of services, or manner in which that
person holds himself or herself out to the public so long as that person does not hold
himself or herself out as an esthetician unless that person is licensed as an
esthetician under KRS 317B.010 to 317B.060.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 2, effective June 24, 2003.
317B.020 Kentucky Board of Hairdressers and Cosmetologists to administer KRS
317B.010 to 317B.060 -- Powers and duties.
(1) The board shall administer and enforce the provisions of KRS 317B.010 to
317B.060 and shall evaluate the qualifications of applicants for licensure and the
issuance of licenses.
(2) The board may employ inspectors, staff, and other personnel as reasonably
necessary to carry out the provisions of KRS 317B.010 to 317B.060. The
compensation shall be established by the board.
(3) The board may promulgate administrative regulations, including but not limited to
administrative regulations that:
(a) Protect the health and safety of the public;
(b) Protect the public against incompetent or unethical practice,
misrepresentation, deceit, or fraud in the practice of esthetics or teaching of
esthetic practices;
(c) Set standards for the operation of the schools and salons;
(d) Protect the students;
(e) Establish the quality of equipment, supplies, materials, records, and
furnishings required in esthetic salons or classrooms;
(f) Establish course work and conduct of school owners, instructors, estheticians,
esthetic salons, and cosmetology schools conducting classes in esthetic
practices;
(g) Set the requirements for the proper education and training of students;
(h) Establish the qualifications of instructors of esthetic practices;
(i) Set standards for the hours and courses of instruction in esthetic practices;
(j) Establish the examinations of applicants for licenses;
(k) Establish a code of ethics for persons licensed by the board; and
(l) Establish fees required pursuant to KRS 317B.010 to 317B.060.
(4) Administrative regulations pertaining to health and sanitation shall be approved by
the Department for Public Health before becoming effective.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 3, effective June 24, 2003.
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.
317B.025 Qualifications and fees for esthetician, esthetic salon, and esthetics
instructor licenses -- Dual licenses.
(1) The board shall issue an esthetician license to any person who:
(a) Is of good moral character and temperate habit;
(b) Is at least eighteen (18) years of age;
(c) Has a high school education or equivalent;
(d) Has satisfactorily completed one thousand (1,000) hours of instruction in a
licensed school approved by the board;
(e) Has received a satisfactory grade on an examination prescribed by the board to
determine fitness to practice as an esthetician; and
(f) Has paid a fee of at least seventy-five dollars ($75) to be adjusted as needed in
administrative regulations promulgated by the board.
(2) The board may issue a license to a cosmetologist who seeks dual licensure as an
esthetician by offering a dual cosmetologist and esthetician license to individuals
who meet licensure criteria for a cosmetologist as in KRS Chapter 317A and
licensure criteria for an esthetician as in KRS 317B.010 to 317B.060. The fee for
the dual license and continuing education required for license renewal shall be
determined by the board as promulgated in administrative regulations. Nothing in
KRS 317B.010 to 317B.060 shall prohibit separate licensure of cosmetologists and
estheticians.
(3) The board shall issue licenses as follows:
(a) A license to operate an esthetic salon shall be issued to any licensed
esthetician upon receipt of:
1. The completed application; and
2. A fee of at least one hundred twenty-five dollars ($125) to be adjusted as
needed in administrative regulations promulgated by the board.
(b) If an owner is not a licensed esthetician, the owner shall have a licensed
esthetician manage the esthetic salon at all times. A new license shall be
purchased if the salon's owner, manager, or location changes.
(c) Licensed esthetic salons shall have the furnishings and salon equipment
required pursuant to administrative regulations adopted by the board.
(d) Any licensed esthetician who leases or rents space or pays a fee to do business
in a beauty salon or esthetic salon shall be considered an independent owner
and shall meet the qualifications for the respective salon owner as set out in
paragraphs (a), (b), and (c) of this subsection.
(e) The board may refuse to issue a license if the applicant fails to comply with
the provisions of KRS 317B.010 to 317B.060 or the administrative
regulations promulgated by the board.
(4) The board shall issue a license to teach esthetic practices to any person who:
(a) Is of good moral character and temperate habit;
(b) Is at least eighteen (18) years of age;
(c) Has a high school education or equivalent;
(d) Holds a current cosmetologist and instructor's license;
(e) Has completed eight (8) continuing education hours in esthetics or has
completed fifty (50) hours in esthetics training within the last two (2) years;
(f) Has received a satisfactory grade on the examination for the teaching of
esthetics as prescribed by the board; and
(g) Has paid a fee promulgated by the board in administrative regulations.
(5) The board may issue a license to teach esthetic practices to an individual with two
(2) or more years' experience in teaching esthetic practices in another jurisdiction
who meets the requirements of paragraphs (a), (b), and (c) of subsection (3) of this
section.
(6) Courses in esthetic practices may be taught at any licensed cosmetology school that
complies with the administrative regulations promulgated by the board under KRS
317B.010 to 317B.060.
(7) Applications for esthetician examinations required by this section shall be
accompanied by an examination fee of at least one hundred twenty-five dollars
($125) to be adjusted as needed in administrative regulations promulgated by the
board.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 4, effective June 24, 2003.
317B.030 Renewal -- Proof of continuing education -- Expiration and restoration.
(1) Licenses issued by the board under KRS 317B.010 to 317B.060 shall be renewed
between July 1 and July 31 of each year, if the applicant provides proof of
continuing education as determined by the board by promulgation of an
administrative regulation.
(a) Estheticians shall provide proof of six (6) clock hours of continuing
education.
(b) Instructors of esthetic practices shall provide proof of eight (8) clock hours of
continuing education.
(c) Continuing education credit may be earned in other states and countries that
license estheticians, if approved by the board.
(2) All applications for license renewal shall comply with the provisions of KRS
317B.010 to 317B.060 and the administrative regulations promulgated by the board.
(3) Any license application postmarked after July 31 shall be considered expired. The
board shall promulgate through administrative regulations the appropriate
restoration fee based on length of time a license has been expired for a period up to
five (5) years. After five (5) years, restoration fees shall be required in addition to an
examination, additional course work, or both.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 5, effective June 24, 2003.
317B.035 Examinations.
(1) No examination or part of any examination required by KRS 317B.010 to 317B.060
shall be given unless a quorum of the board is present to supervise that examination.
(2) Examinations given by the board shall cover all phases of the applicant's
qualifications for the particular license, including the skill and technique of the
applicant, as well as scientific and other knowledge.
(3) Examinations shall be given at regularly prescribed intervals as set by the board.
(4) Examinations shall be given at the principal office of the board or at a location
approved by the board.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 6, effective June 24, 2003.
317B.040 Reciprocal licensing.
(1) The board may promulgate administrative 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 or country where the laws of that state or
country, in the opinion of the 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 that state does not extend to the holder of a Kentucky license similar
or comparable recognition and opportunity.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 7, effective June 24, 2003.
317B.045 Denial, suspension, probation, or revocation of license -- Grounds --
Administrative fine -- Reprimand or admonishment -- Hearing -- Mediation.
(1) The board may refuse to issue or renew a license, or may suspend, revoke, impose
probationary conditions upon, impose an administrative fine, issue a written
reprimand or admonishment, or any combination thereof regarding proof of any
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 salon or in a salon knowing that the practice is not
in compliance with KRS 317B.010 to 317B.060 or the administrative
regulations of the board promulgated pursuant to KRS 317B.010 to 317B.060;
(f) Immoral conduct, unprofessional conduct, or a violation of the code of ethics;
(g) Teaching in an unlicensed school or in a school knowing that the school is not
in compliance with KRS 317B.010 to 317B.060 or the administrative
regulations of the board promulgated pursuant to KRS 317B.010 to 317B.060;
or
(h) Failure to comply with KRS 317B.010 to 317B.060 or the administrative
regulations promulgated by the board.
(2) Payments in lieu of suspension collected by the board shall be deposited in the State
Treasury and credited to the trust and agency account of the board.
(3) The board may require retesting of any licensee upon proper showing of gross
malpractice or incompetence on the part of the licensee.
(4) Three (3) years from the date of a revocation, any person whose license has been
revoked may petition the board for reinstatement. The board shall investigate the
petition and may reinstate the license upon a finding that the individual has
complied with any terms prescribed by the board, including retesting, and is again
able to competently engage in the practice of esthetics.
(5) (a) The board may issue a written admonishment to the licensee, when in the
judgment of the board:
1. An alleged violation is not of a serious nature; and
2. The evidence presented to the board after the investigation and
appropriate opportunity for the licensee to respond provides a clear
indication that the alleged violation did in fact occur.
(b) A copy of the admonishment shall be placed in the permanent file of the
licensee.
(c) The licensee may file a response to the admonishment within thirty (30) days
of its receipt. A copy of the licensee's response shall be placed in the
permanent licensure file.
(d) The licensee may alternatively, within thirty (30) days of the receipt, file a
request for hearing with the board.
(e) Upon receipt of this request the board shall set aside the written
admonishment and set the matter for hearing pursuant to the provisions of
KRS Chapter 13B.
(6) At any time during the investigative or hearing processes, the board may enter into
an agreed order or accept an assurance of voluntary compliance with the licensee
which effectively deals with the complaint.
(7) The board may utilize mediation as a technique in reasonably handling disciplinary
matters. The board may appoint any member or members of the board, any staff
member, or any other person or combination thereof to serve in the mediation
process.
(8) The board may reconsider, modify, or reverse its probation, suspension, or other
disciplinary action.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 8, effective June 24, 2003.
317B.050 Investigation of complaints.
(1) The board shall receive complaints concerning any person licensed under the
provisions of KRS 317B.010 to 317B.060 relating to the licensee's business or
professional practices.
(2) Each complaint received shall be placed in a log, recording the licensee's name, the
name of complaining party, date of complaint, and a brief statement of the
complaint and its ultimate disposition, and the board shall make the log available
for public inspection.
(3) The board shall review all complaints concerning any person licensed under the
provisions of KRS 317B.010 to 317B.060.
(4) The board may initiate an investigation on any complaint received or on its own
volition and shall promulgate any administrative regulations necessary for the
administration of the provisions of this section.
(5) If, upon investigation, there appears to be a violation of the provisions of KRS
317B.010 to 317B.060, the board shall take the action it deems necessary under the
provisions of KRS 317B.045.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 9, effective June 24, 2003.
317B.055 Hearings -- Appeals.
(1) The board, before suspending, revoking, imposing probationary or supervisory
conditions upon, imposing an administrative fine, issuing a written reprimand, or
any combination of actions regarding any license under the provisions of KRS
317B.010 to 317B.060, shall set the matter for hearing pursuant to the provisions of
KRS Chapter 13B.
(2) After denying an application under the provisions of KRS 317B.010 to 317B.060,
or issuing a written admonishment, the board shall grant a hearing pursuant to the
provisions of KRS Chapter 13B.
(3) A licensee or applicant aggrieved by a disciplinary action of the board may bring an
action in Franklin Circuit Court pursuant to the provisions of KRS Chapter 13B.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 10, effective June 24, 2003.
317B.060 Penalties.
Any person who violates any provision of KRS 317B.010 to 317B.060 shall be fined not
less than fifty dollars ($50) nor more than five hundred dollars ($500) or imprisoned for
not less than ten (10) days nor more than six (6) months, or be subject to both the fine and
the imprisonment.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 137, sec. 11, effective June 24, 2003.